Judge Lacy Attempted to Remove County Clerk From Commissioner’s Court Meeting


November 24, 2014 | County Judge Sterling Lacy attempted to remove Bowie County Clerk Tina Petty from the Bowie County Commissioner’s Court. Petty expressed her opinion while another Commissioner was talking and Lacy told her to stop. Lacy then told Petty she was to be removed and taken out by the Bowie County Sheriff James Prince. Lacy stated that the court can resume after a representative of the County Clerk’s Office was present, and then Lacy called a recess. During a short recess, the County Attorney for Bowie County Carol Dalby showed Prince a Texas Statute that she believed did not allow Lacy to remove Petty without a vote of the five voting members of the Commissioner’s Court.

The court also determined that Judge Lacy violated Texas Local Government Code, Section 151.001 by hiring two part-time receptionists without bringing the issue  before the Commissioner’s Court.

The action taken on the agenda items are shown below:

  1. Public Comments
  2. Commissioners Court response to public comments
  3. Considerandtake action on a request from Hwy 82 Project Manager, John Goodwin,toestablish a plan for regular updates on the Bowie CountyWebsiteregarding progress of the Hwy 82 Project – Judge Lacy.
    1. Motion passed.
  4. Consider and take action to pass a resolution for the Indigent Defense Formula Grant Program – Judge Lacy
    1. Motion passed.
  5. Consider and take action totransferposition of agenda clerk to the County Clerk’s office Kelly Blackburn,CommissionerPct. 3.
    1. Motion passed.
  6. Consider and take action to transfer County Websitemanagerposition to the County Clerk’s Office – Kelly Blackburn,CommissionerPct. 3
    1. Motion passed.
  7. Consider and take action to open Request for Proposals for Independent Auditor for Bowie County – Mike Carter,CommissionerPct. 4.
    1. Motion passed.
  8. Consider and take action to find that Bowie County Judge violated Texas Local Government Code, Section 151.001 – Sammy Stone,CommissionerPct. 1.
    1. Motion passed. 3-2.
  9. Consider and take actiontoeliminate, by court order, the two part-time receptionist positions recently hired for Bowie County Courthouse – Tom Whitten,CommissionerPct. 2.
    1. Motion passed.
  10. Consider and take action to approve budget adjustments (line item transfers).
    1. Motion passed.
  11. Consider and take action re: payment of accounts payable.
    1. Motion passed.
  12. Consider and take action to approve or to amend minutes as an order of the court.
    1. Motion passed.

The Commissioners Court met in the New Boston Courthouse at 10:00 am on Monday, November 24, 2014.

Texas Local Government Code, Section 151.001 in full states:

Sec. 151.001. OFFICER APPLIES TO COMMISSIONERS COURT FOR AUTHORITY TO APPOINT EMPLOYEES. (a) A district, county, or precinct officer who requires the services of deputies, assistants, or clerks in the performance of the officer’s duties shall apply to the commissioners court of the county in which the officer serves for the authority to appoint the employees. If the county has a population of more than 190,000, the officer shall apply for the authority to appoint any other kinds of employees.

(b) The application must be sworn and must state:

(1) the number of employees required;

(2) the title of the positions to be filled; and

(3) the amounts to be paid the employees.

(c) If the application is made in a county with a population of more than 190,000, it must also describe the duties to be performed by the employees.

(d) The application must be accompanied by a statement of the probable receipts from fees, commissions, and compensation to be collected by the office during the fiscal year and the probable disbursements, including salaries and expenses, of the office.

(e) This section does not apply to a district attorney or criminal district attorney in a county with a population of more than 190,000.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

See below for (1) the full agenda and (2) 2015 Bowie County Resolution – Indigent Defense Grant Program:



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