Dateline: March 13, 2003

County declares constable office dormant

By Roger Estlack, Clarendon Enterprise

Donley County Commissioners closed the controversial office of Constable of Precincts 1&2 this week.

The vote to declare the office dormant was unanimous when the commissioners’ court met in regular session Monday.

“We did this in accordance with an amendment to the Texas Constitution voted on in November, which was approved by a majority of voters in Donley County,” said County Judge Jack Hall.

Local voters had approved the amendment by a margin of 767 to 118.

The Precinct 1&2 Constable’s office has been a source of controversy since Jimmy Swinney was elected to the post with 52 votes in a write-in candidacy in November 2000. The office had been vacant since John Topper last held the position on December 31, 1978. Swinney sued the county over his salary in June 2001 and later resigned from office after he failed to become a certified Texas peace officer.

Because Swinney never qualified for office nor did his appointed successor, the position was eligible to be declared vacant under the guidelines of the new amendment.

The constable’s office can be revived in the future by a majority vote of the commissioners’ court. The people of the county can also petition to hold an election to reinstate the office.

In other county business, commissioners approved requests from Treasurer Becky Jackson and County Clerk Fay Vargas to attend training workshops.

The court voted to appoint Dr. John Howard as the County Health Authority.

The county policy manual was updated to prohibit any department or office from hiring as a part-time employee anyone who is already a part-time employee of another department or office. This would prevent such a person from becoming a de facto full-time county employee.

The court declined to participate in a state program to replace the bridge on County Road 20 at Lelia Creek. The county would have had to pay $34,000 in matching funds, and commissioners felt they county could repair the bridge on its own, the judge said.

Two names were drawn for the county grievance committee, and those people will be contacted and asked to serve.

A $14,000 bond was approved for County Attorney Pro-tem Kaye Messer, and a report was received from Sheriff Butch Blackburn documenting the races of people ticketed and arrested during calendar year 2002.