Posted on 08/09/2004 5:57:48 PM PDT by SwinneySwitch
The Atascosa County courthouse is almost ablaze. Not from the summer heat, but from hot under the collar taxpayers’ calls and county employees.
Everyone seems to want to know why County Treasurer Lisa Durgin is getting paid her almost $31,000 annual salary while allegedly absent from her office as an elected official. When she was elected to the office, her name was Lisa Royal.
“It’s not fair,” said County Judge Diana Bautista, “to the taxpayers for her to be paid full salary for not being here.”
“Each (elected official’s) job is different,” the judge explained, “but if I didn’t show up for work, my neck would be on the chopping block.”
Durgin does, on occasion, come to her office in the courthouse for work. She may not even be a resident of Atascosa County, having remarried last year and reportedly lives near Canton, east of Dallas.
According to Judge Bautista, some officials believe their elected positions are not a full-time job.
The judge said Monday that Durgin only worked in her office in the courthouse on four days during the month of July. The everyday duties of the office have been carried out by the two employees who work for Durgin.
Make that one employee. Although Harriet Billings carries out most of the duties, the payroll clerk quit her job Friday to take employment elsewhere. Last week was payday for regular employees; however, this week will be payday for part-time employees. And, able employee Harriet Billings plans to take a few days off next week.
For four days next week, there may not be anyone in the County Treasurer’s office.
According to the Texas Constitution, the Treasurer, like other officials must be a resident of the county.
The Texas Constitution Article 16 - GENERAL PROVISIONS Section 14 - CIVIL OFFICERS; RESIDENCE; LOCATION OF OFFICES All civil officers shall reside within the State; and all district or county officers within their districts or counties, and shall keep their offices at such places as may be required by law; and failure to comply with this condition shall vacate the office so held.
Atascosa County Attorney R. Thomas Franklin said at first he believed an official only had to be a resident at the time they filed for as a candidate for election. After restudying the Constitution, Franklin said, “I changed my opinion. They must remain a resident of the county.
Franklin said he is drafting a letter to Durgin to ask her for her exact residence.
According to an opinion written by the office of the Attorney General of Texas, residency may be considered a matter of “intent.”
Franklin said, Commissioners, Justices of the Peace and Constables, do not have to be a resident of the precinct in which they serve.
“We need to pin down (Durgin’s) residency,” Franklin stated. Even if she does claim residency in Atascosa County, Franklin said, “This could turn into a litigation matter.”
Franklin spent most of Monday morning meeting with other county officials.
Durgin’s term of office continues through 2006.
In her political statement in 2002, the one term treasurer said, “My campaign policy is simple— honest and straight forward. I conduct the county business in a manner reflecting the faith and confidence you placed in me four years ago.
“By re-electing me, you can be confident that your county tax money is handled safely and professionally when it gets into my office and that all monies disbursed are carefully monitored. Also, each county and district employee will be treated fairly, equally, with respect and confidentiality.”
As one of the duties of Treasurer, Durgin has the responsibility of monitoring more than $11 million dollars of taxpayers’ money interest in such plans as Texpool.
Atascosa leaders slash treasurer's salary, staff
Web Posted: 08/09/2004 01:35 PM CDT
John MacCormack
Express-News Staff Writer
JOURDANTON — County Treasurer Lisa Durgin saw her salary whacked by almost two-thirds and her staff cut in half today despite her claims that she still lives in Atascosa County and is doing a good job handling the county's money.
"All the duties pertaining to my office are up to date. I still do the same job," read Durgin from a prepared statement. "I have not vacated my office nor do I intend to."
The move by the county commissioners against Durgin came after reports surfaced that since last fall she has been living more than 300 miles away, in northeast Texas, and making only occasional visits back to Jourdanton.
"The question has never been whether she's doing a good job. It's about her residency. She is a registered voter in another county," said County Commissioner Leslie Mikolajczyk.
"If you're a part-timer, you get part-time pay," he said.
The commissioners voted 3-0, with Freddie Ogden abstaining, to cut Durgin's salary from nearly $31,000 to $12,300. They also removed the money for an open staff position in her office, leaving her with only one full-time worker.
The actions came after significant public pressure to address the situation, said Commissioner Weldon Cude, who made both motions pertaining to Durgin.
"I couldn't even walk into the H-E-B without being attacked by 40 people saying 'What are you doing to do?'" said Cude.
"We do find the current situation untenable, but about all we can do is set salaries and budgets," he said.
The only member of the public to speak out at this morning's meeting scolded Durgin.
"I'm 70 years old and I've had a lot of jobs, and I never did get paid for any jobs when I was away from them," said G. E. Favor.
"Having a job to me is like raising a family. You can't do it right away from them," he said.
The commission acted against Durgin despite cautionary words of advice from two lawyers, including County Attorney R. Thomas Franklin.
"I think the rules are not exactly clear but there is strong legal authority that this cannot be done in mid-term," said Franklin, referring to the proposed reduction in Durgin's salary and staff.
Royal Lea, a San Antonio lawyer representing Durgin at the meeting, told the commission that she was doing a good job and that the commission did not have the power to modify her compensation or budget.
And, he said, she really lives in Atascosa County despite voting earlier this year in Van Zandt County.
"This is her home. This is where she lives," he said, implying that Durgin was being attacked for other reasons.
"There obviously have to be some people who want to see Lisa removed from office. If we're candid with each other, that's what's going on here," he said.
Lea, however, declined to make Durgin's written statement available to the press or let her take questions.
In remarks made to the San Antonio Express-News published last week, Durgin said she lives with her new husband, John, in Canton, east of Dallas, and periodically makes the 330-mile commute back to Jourdanton.
Durgin, who was first elected in 1999 and has two years left on her term, claimed at that time she did not have to legally reside in Atascosa County, despite state residency requirements.
In her brief remarks to the commissioners today, Durgin said she is no longer registered to vote in Van Zandt County, and has renewed her registration in Atascosa County.
"I have since realized that was a mistake, and I have corrected that," she said.
Cude, however, said he is unconvinced that she really lives in Atascosa County.
"She'll have to sue us. Let her prove her residency to a higher authority than us," he said.
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