Cynthia Mares’ public demotion and pay slash: a cautionary tale

Though the public demotion of onetime Webb County Administrative Services director Cynthia Mares back in late 2016 is hardly breaking news, it remains, however, a cautionary tale about the machinations of county government.

The video of the Webb County Commissioners Court meeting of September 26, 2016 provides a blow-by-blow eyeful and an earful about those who made the decision to demote the 20-year veteran of county employment and to slash her salary by $30,000. The substance of the video speaks clearly, capturing the intent of those who conducted the unceremonious public evisceration.

Webb County has answered the suit she filed last November in which she alleges violations of the Texas Open Meetings Act.

The County’s answer, which was filed by out of town counsel Allison, Bass, and Magee of Austin, pleads governmental immunity.

Mares’ attorney Doanh T. Nguyen, countered, “The Texas Open Meetings Act only applies to government.”

Mares had been at the helm of the Administrative Services department from 2006 to 2016, a position salaried at $105,000 for the oversight of risk management and human resources.

The suit is rooted in the actions of Webb County Judge Tano Tijerina who at the second half of the September 26, 2016 Commissioners Court meeting called Mares to the podium after the introduction of Agenda Item #49, and then entered a motion to “split the Administrative Services Department,” and told her she would be running only the human resources part of her job.

Pct. 3 Commissioner John Galo seconded the motion, and it was carried by a three to two vote. Pct. 4 Commissioner Jaime Canales and then-Pct. 1 Commissioner Frank Sciaraffa voted against the motion; Pct. 2 Commissioner Wawi Tijerina, who was conspicuously silent during the discussion, voted with Galo and Judge Tijerina.

Mares was in effect summarily demoted publicly without notice.

Item #49 and 49A of the posted agenda for that meeting did not give notice that her duties or her salary were to be evaluated or changed. According to Section 551.041 of the Texas Government Code, notice must be sufficient to apprise the general public of the subjects to be considered during a meeting.

Item #49 read: “Discussion and possible action to adopt the county budget for fiscal year 2016-2017 pursuant to Chapter 11 of the Texas Local Government Code. The Court may make any modifications to the proposed budget that it considers warranted by law and required by the interest of the taxpayers by majority vote.”

While Judge Tijerina tried to hold to a level of decorum — such that you could at so unceremonious a moment — Galo excoriated Mares, telling her his preference would be that he would have her as neither the director of human resources nor risk management.

“You prevent one mistake, we’re even,” Galo said sarcastically, answering Canales who had asked, “Is this the right time to do this? Is this legal?” Canales asked who would take over the directorship of risk management and at what cost, a prudent question considering shortfalls in the county’s revenues.

Canales, well versed on the Texas Open Meetings Act, observed that Mares deserved privacy for the discussion over her position and salary. He said that he had not been informed of the judge’s plan to publicly demote Mares.

“I was,” Galo answered quickly, archly, noting that Judge Tijerina had shared the plan with him.

Sciaraffa, asked by the judge if he had anything to contribute to the proceedings, answered with a measure of acid in his voice, “I have nothing to say. Let Mr. Galo control everything.”

According to Mares’ attorney Nguyen, “The Texas Open Meetings Act is intended to ensure that government operates in the open. Proper notice 72 hours before a called meeting is required so the public and persons affected by the government’s actions can show up and be prepared to participate. The court has given notice of performance evaluations in a consistent manner every other time in the past several years. Surprising Ms. Mares and stripping her of 28% of her salary was an arbitrary act.”

Mares said she believed the agenda item was a budget matter. “I was aware of the reductions in the workforce and about positions that were being moved from one department to another. I thought the judge had questions for me. What he said took the wind out of me.”

The last half of that meeting (video at www.webbcounty.com) offered a snapshot of how vastly disinterested some commissioners are about county business, how much they struggle to do the math when numbers are presented to them, and how little they — the commissioners or the judge — questioned Galo’s railings and belabored points.

Even the most casual observer could have deduced which officials were in lockstep about ousting Mares and which two were left out of the loop.

The judge’s call of Mares to the podium came at the end of a tedious budget hash-out regarding non-certified police officer investigators for environmental issues and certified peace officer investigators for gaming (maquinita) infractions and under which departmental auspice they would operate to write citations that could bring revenues into the beleaguered county coffers.

The protracted tedium, populated largely by Commissioner Galo while others on the court held their noses, looked away, or pretended to be terribly engrossed by something they read, presented a repugnant, unvarnished look at county business and the strange and strained relationships of some of its elected officials.

Side stories abound as to why Galo had Mares sighted in the cross hairs of his blunderbuss. One is her association with County Auditor Leo Flores, another of the moving targets Galo tried mightily to indict and remove. Another is how she handled the recommendations of a study conducted by Condrey and Associates, an Atlanta- based consulting firm that came up with an HR plan for the county based on a factor evaluation system. And yet another has to do with the speculation that Galo has a candidate in mind to fill the position of Administrative Services director.

At one time during the meeting court administrator/budget officer Leroy Medford, executive administrator/budget officer Lalo Uribe, county attorney Jorge Treviño, first county attorney Rolando Garza, and Rafael Perez of the auditor’s office all huddled at the podium to try to quell the beast of Galo’s domineering, relentless, and insatiable negativity about the budget shortfall and the disarray of county business.

It would be beyond the scope of his comprehension to understand how large a part of the disarray he is.

UPDATE

At a March 7, 2017 meeting of the new County Civil Service Commission,

Alexandra Colessides — formerly with the Webb County Attorney’s office, and now the interim director of Risk Management — and Leroy Medford brought position and classification changes before the Commission.

Among those re-classifications was to change that of Mares’ Human Resources administrator position — which is protected by Civil Service — to Human Resources director, a change that would make her an at-will employee at the mercy of the Commissioners Court.

The three commissioners — Remy Salinas, Robert Santos, and Ed Sherwood — so voted.