Please note: All agenda items are considered PASSED unless indicated otherwise.

OPEN SESSION:

PRESENTATION

1. Presentation of employee recognition, longevity certificates, and service pins.

COURT ORDERS

COMMISSIONERS COURT

2. Consider and take necessary action to appoint/reappoint a member to the Smith County 9-1-1 Communications District Board of Managers for a two-year term beginning January 1, 2027, and authorize the county judge to sign all related documentation.

Comments:

We reappointed Jerry Shamburger to continue serving on the Smith County 9-1-1 Communications District Board of Managers for another two-year term beginning January 1, 2027. Mr. Shamburger has been a reliable member, and the 911 District plays a vital role in coordinating emergency communications across Smith County. 

3. Consider and take necessary action regarding the appointment, employment, and duties of the Smith County Budget Officer.

Comments:

I’m very excited that we appointed Jason Adams as our new Smith County Budget Officer, effective November 9. This appointment restores direct Commissioners Court oversight of the budget process, after a period of turnover in the role, which is important for protecting taxpayer dollars. Jason comes to us from Tarrant County, where he worked as a Budget Analyst and was promoted to Senior Budget Analyst under Judge Tim O’Hare.

He has experience holding the tax rate down below the No New Revenue Rate (the rate that would raise the same amount of revenue as the prior year with no increase) and with capital improvement planning. In court he shared that his goal is to fill the budget process with accountability, transparency, and strong fiscal stewardship, and to get out and build relationships with department heads. I’m looking forward to working with him!

4. Consider and take necessary action to approve the following $120,000, 12-month term Indigent Defense Contracts for the 321st Judicial and 114th District Courts, pursuant to the Texas Code of Criminal Procedure, Article 26.04:

1. James Andrew Carter – 321st,
   
2. Carey-Elisa Christie – 321st,
   
3. Donald Davidson – 321st,
   
4. Reann E. Stewart – 321st, and
   
5. Mishae Boren – 114th (Amended).

Comments:

We approved these standard annual indigent defense contracts. Each attorney will receive $10,000 per month for the 12-month term, totaling $120,000. These contracts ensure that indigent defendants in the 321st and 114th courts have representation as required by law. The amounts were already accounted for in the budget.

PURCHASING

5. Consider and take necessary action to authorize the Purchasing Department to advertise, solicit, and receive sealed proposals for RFP-01-27 Smith County Vending Services.

Comments:

We authorized Purchasing to put out a Request For Proposal for vending services. Shopping the market for these contracts helps ensure we get competitive pricing and good service for county facilities.

241ST DISTRICT COURT

6. Consider and take necessary action to direct the County Auditor and Human Resources Department to process the addition of a temporary part-time position for the 241st District Court.

Comments:

Judge Debby Gunter requested temporary part-time help for about four days, roughly 30 hours, while the Criminal Court Coordinator is out for surgery and recovery in November. The estimated cost is about $1,061, covered by transferring funds within the court’s existing salary budget. This keeps the felony dockets moving without adding a permanent position. We approved it.

Note: This is an example of unusual & unforeseen circumstance in a department that is worthy of a budget amendment, although this request could be funded within the department’s budget.

AUDITOR’S OFFICE

7. Consider and take necessary action to amend the adopted FY27 pay scale salary range for the recently approved Public Information Officer position.

Comments:

This item passed 3-1. I voted against it.
Commissioner Moore was not present. I was informed he had a medical issue with his eye. With only four members of the Court present, a 2-2 vote would have meant the item failed. Commissioner Moore had been the strongest advocate for raising this salary and giving the Sheriff’s Office what it requested. His absence meant the item moved forward without the member who had pushed hardest for it.

There was little discussion from the other members of the Court before the vote. It appeared the outcome was already settled. 

Here is what the record actually shows:

• We approved the PIO position itself in the FY27 budget on September 15. What came before us today was a request to change the starting salary of the scale we had already adopted. This is a new, dedicated position inside the Sheriff’s Office, separate from the County Public Information Officer role.
  
• The Auditor’s Final Review calculated a total Year 1 package cost of $93,329 for the position. The base salary inside that number was $63,841. In other words, the $93,329 figure that appeared on the screen during the budget workshops was the full first-year cost of the position (salary + benefits + equipment), not the starting salary.

• The salary scale this Court actually adopted for LE 910, Public Information Officer, starts at $70,186 / $71,186 / $72,686.
  
• The Sheriff’s Office asked us to treat the $93,000 total-package figure as the new starting base salary. That figure was never presented or adopted as the “base pay”.
  
• The County Public Information Officer (NOT Law Enforcement) pay scale is $59,392 to $65,841.
  
• HR’s regional comparables from August 19 show the City of Tyler PIO range at $57,885 minimum / $73,356 midpoint / $86,827 maximum, and the City of Longview Communication Specialist opening at $45,902. The adopted LE 910, Public Information Officer, range sits at the midpoint of Tyler’s scale. A $93,000 starting salary would exceed Tyler’s maximum

On August 17, during the Budget Workshop, the Court viewed the $93,000 figure as the total cost of the position and said no because the funding was not there. At the August 25th Budget Workshop, the Sheriff agreed the role would include FOIA and Public Information Request duties, and the vote was 4-1 (I was the no vote) to include a combined role in a new position in the FY28 budget with a total fiscal impact of $93,329. 

The job description before us still did not reflect the August 25 agreement that the role would include FOIA and Public Information Request duties. I requested information on Thursday about the employees who currently handle Public Information Requests and those who serve as Public Information Officers. I did not receive a response until Tuesday morning, and it was incomplete. We still do not know which employees are performing those duties, what percentage of their time is spent on them, or how long they have been doing the work. Chief Jones stated in court that three people handle Public Information Officer duties, including Sheriff Smith.

The Sheriff referenced House Bill 33 in support of the request. This was known as the Uvalde Strong Act. The only real change in HB 33 is that the person designated as PIO must now complete additional training and get certified. It does not require a brand-new full-time job, a dedicated employee, or extra pay. Free approved courses already exist. One designated person can, by simple written policy, cover the Sheriff’s Office and the five Constables’ Offices at the same time. The Constables are expected to meet the exact same law with the people they already have.

I was the only Commissioner who asked questions and tried to walk through these facts on the record. Once this Court adopts the salary scales, those scales are the law of the budget. We should not reopen them after the fact because someone misunderstood the difference between total cost and base pay. Taxpayers have a right to know that the process we completed in public workshops still means something. That is not personal. That is process integrity.

For these reasons I could not support the amendment. The Judge then called for the vote and it passed 3-1.

Even when an item passes 3-1 or 4-1, a “no” vote still matters. It puts the full facts, the questions that were asked, and the reasons for caution into the permanent public record—because someone has to speak for the taxpayer who is not in the room.

Future Courts, Auditors, and taxpayers can see exactly what was discussed and what was not. That record is useful long after the vote is over.

RECURRING BUSINESS

ROAD AND BRIDGE

8. Consider and take necessary action to authorize the county judge to sign the Final Plat for the Viticus Capital LLC Subdivision, Precinct 2.

9. Receive pipe and/or utility line installation request (notice only):

1. County Road 429, CenterPoint Energy Gas, install gas line for service, Precinct 4,
   
2. County Road 1148, CenterPoint Energy, install gas line for service, Precinct 4,
   
3. County Road 498, 497, 4101 and 4102, Oncor Electric, install and replace power poles, Precinct 3, and
   
4. County Road 1120, Entrust Solutions, install fiber optic cable and new pedestals, Precinct 4.
   

TREASURER’S OFFICE

10. Consider and take necessary action to accept the Treasurer’s September monthly report as received.

Comments:

We accepted the Treasurer’s September monthly report. These regular financial snapshots help the Court stay informed on the county’s cash position and ongoing operations. The Treasurer was not present to give the report.

COMMISSIONERS COURT

11. Consider and take necessary action regarding monthly FY 2028 budget preparation, including vacancy reports, expenditure trends, fleet and capital planning, and related policy or process items.

Comments:

This is the first month we are implementing this standing monthly discussion on FY 2028 Budget Preparation. The purpose is to give the Court and the public early, regular information so we can prepare for the next budget cycle with better data and fewer surprises.

HR walked us through the current vacancy and turnover numbers:

• 8 employee exits for the month (as of 10/22/2026)
  
• 65 current open positions (as of 10/17/2026)
  
• 13 active job postings
  
• 23 positions open for more than 90 days (as of 10/17/2026), including 9 Detention Officers, 3 Road & Bridge Operator I positions, 2 Dispatchers, 2 Deputies, and others

Long-term vacancies create salary lag that can be reallocated, which is why a vacancy policy matters. I asked Mr. Hollis for an update on the Vacancy Policy he has been developing that would address long-term vacancies and the use of accumulated salary. He has been compiling examples from other counties.

This county has never done a formal Position Review. In some offices the title on the pay scale does not match the work the person is actually doing. A review would give us a clearer inventory of what we already have before we start building the FY28 baseline. I asked whether HR and the Auditor’s Office could later come back with a simple outline of what a basic position inventory could include. Both indicated they could do that.

Judge Franklin discussed waiting for our new Budget Officer to get settled so he can help shape how we move forward with these monthly reports and policies. I appreciate that idea, but this is my agenda item. Each Commissioner has the legal authority to place items on the agenda. My intent is for this to remain a standing monthly discussion every month so the Court and the public get regular, early information as we prepare for the next budget cycle—whether or not the Budget Officer is fully up to speed yet.

I anticipate the new Budget Officer being an integral component in forecasting and analysis to prepare us for next year. Starting the next budget conversation early is how we protect taxpayers and keep government limited.

AUDITOR’S OFFICE

12. Receive County Auditor’s Report and Executive Summary for September 2026.

Comments:

The Auditor sent the September report the morning of Court (around 8:25 a.m.) and asked that we move it so the Court would have time to review it. We passed on the item. It will return on the November 3 agenda.

13. Consider and take necessary action to approve and/or ratify payment of accounts, bills, payroll, transfer of funds, amendments, and health claims.

Comments:

We approved the regular payment of accounts, bills, payroll, transfers, and health claims.

EXECUTIVE SESSION: For purposes permitted by Texas Government Code, Chapter 551, entitled Open Meetings, Sections 551.071, 551.072, 551.073, 551.074, 551.0745, 551.075, 551.076, and 551.0761. The Commissioners Court reserves the right to exercise its discretion and may convene in executive session as authorized by the Texas Government Code, Section 551.071, et seq., on any of the items listed on its formal or briefing agendas.

ADJOURN