2024-12-13 CC SPECIAL MEETING Final PacketEMMG-ENCY MEETING—12/13/2024
December 13, 2024
MEETING MINUTES
OF CALHOUN COUNTY COMMISSIONERS' COURT
MET IN A SPECIAL MEETING AT 3:OOPM. IN THE COMMISSIONERS'
COURTROOM IN THE COUNTY COURTHOUSE AT 211 S. ANN STREET
SUITE 104 PORT LAVACA, CALHOUN COUNTY, TEXAS.
THE FOLLOWING MEMBERS WERE PRESENT:
(NOT PRESENT)Rlchard Meyer
David Hall
(Judge Pro Tem)Vern Lyssy
Joel Behrens
Gary Reese
Anna Goodman
By: Kaddie Smith
The subject matter of such meeting is as follows:
1. Call meeting to order.
County Judge
Commissioner Pct 1
Commissioner Pct 2
Commissioner Pct 3
Commissioner Pct 4
County Clerk
Deputy Clerk
Meeting was called to order at 3pm by Commissioner Vern Lyssy.
2. Public comment.
Commissioner David Hall asked the court to take a moment of silence for the late Judge
Meyer.
3. Consider and take necessary action to authorize Commissioner Lyssy to execute the
settlement participation and release forms regarding settlement offers from Kroger in the
matter of Texas opioid multi -district litigation for the County.
RESULT: APPROVED [UNANIMOUS]
MOVER: David Hall, Commissioner Pct 1
SECONDER: Gary Reese, Commissioner Pct 4
AYES: Commissioner Hall, Lyssy, Behrens, Reese '
Page 1 of 3
EMERGENCY MEE I ING—1.2/13/2024
4. Consider and take necessary action to approve an order authorizing Calhoun County to
self -insure any person appointed to a vacancy in the office of County Judge, pursuant to
Tex. Loc. Gov't Code § 88.008, allowing the appointed officer to perform the duties of
the office without executing a bond for the remainder of their term, until after the
swearing in of an elected officer on January 1, 2027.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Joel Behrens, Commissioner Pct 3
SECONDER:
Gary Reese, Commissioner Pct 4
AYES:
Commissioner Hall, Lyssy, Behrens, Reese
5. Consider and take necessary action by Commissioners Court to appoint and swear in
Shannon Salyer as Judge of Calhoun County, to fill the vacancy that resulted from the
death of Judge Richard Meyer.
RESULT: APPROVED [UNANIMOUS]
MOVER: David Hall, Commissioner Pct 1
SECONDER: Joel Behrens, Commissioner Pct 3
AYES: Commissioner Hail, Lyssy, Behrens, Reese
6. Consider and take necessary action to accept the resignation of Commissioner Vern
Lyssy.
RESULT: ' APPROVED [UNANIMOUS]
MOVER: Joel Behrens, Commissioner Pct 3
SECONDER: Gary Reese, Commissioner Pct 4
AYES: Judge Salyer, Commissioner Hall, Lyssy, Behrens, Reese
7. Consider and take necessary action to appoint Commissioner Joel Behrens to be Judge
Pro Tem of Commissioners Court and to be the Court's representative to the monthly
meetings of the Memorial Medical Center's Board of Managers.
RESULT: ` APPROVED [UNANIMOUS] "
MOVER: Gary Reese, Commissioner Pct 4
SECONDER: David Hall, Commissioner Pct 1
AYES: Judge Salyer, Commissioner Hall, Behrens, Reese
Page 2 of 3
EMERGENCY MEETING—12/13/2024
8. Consider and take necessary action to approve an order authorizing Calhoun County to
self -insure any person appointed to a vacancy in the office of a County Commissioner,
pursuant to Tex. Loc. Gov't Code § 88.008, allowing the appointed officer to perform the
duties of the office without executing a bond for the remainder of their term, until after
the swearing in of the elected officer on January 1, 2027.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
David Hall, Commissioner Pct 1
SECONDER:
Gary Reese, Commissioner Rd 4
AYES:
Judge Salyer, Commissioner Hall, Behrens, Reese
9. Consider and take necessary action by Judge Shannon Salyer to appoint and swear in
Ronald Best to be Commissioner of Calhoun County Precinct No. 2, to fill the vacancy
resulting from the resignation of former Commissioner Vern Lyssy.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joel Behrens, Commissioner Pct 3
SECONDER: David Hall, Commissioner Pct 1
AYES: Judge Salyer, Commissioner Hall, Behrens, Reese
10. Consider and take necessary action to accept the resignation of Judge Shannon Salyer.
RESULT: APPROVED [UNANIMOUS]
MOVER: David Hall, Commissioner Pct 1
SECONDER: Gary Reese, Commissioner Pct 4
AYES: Judge Salyer, -Commissioner Hall, Best; Behrens, Reese
11. Consider and take necessary action by Commissioners Court authorizing the appointment
and swearing in of Vern Lyssy as Judge of Calhoun County, to fill the vacancy that
resulted from the resignation of former Judge Shannon Salyer.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joel Behrens, Commissioner Pct 3
SECONDER: Gary Reese, Commissioner Pct 4
AYES: Commissioner Hall, Best, Behrens, Reese
12. Adjourn. 3:13
Page 3 of 3
•\I.IIhI�V� �(�i �V�I�1 �h.AI\II�.�I(!�\I:I"� �� �I"�I
PACKET COMPLETION SHEET
1� All Agenda Items Properly Numbered
Contracts Completed and Signed
All 1295's Flagged for Acceptance
(number of 1295's i)
All Documents for Clerk Signature Flagged
(All documents needing to be attested to need to be
signed day of Commissioner's Court.)
On this day of �C CGML)�,r 2024, the packet
for the day of t(aP+im kVir 2024 Commissioners'
Special Regular Session was submitted from the Calhoun County Judge's
office to the Calhoun County Clerk's Office.
9 `
Y I m/
Calhoun County Judge/Ass# tant
�u
I SIDECIAL MEH N6- 12/13/2024
Richard H. Meyer
County Judge
David Hall,, Commissioner, Precinct 1
Vern Lyssy, Commissioner, Precinct 2
]Joel ]Behrens, Commissioner,. Precinct 3
Cary Reese, Commissioner, Precinct 4-
NOTICE OF SPECIAL MEETING
The. Commissioners' Court of Calhoun County, Texas will meet on Friday,
December 13, 2®24 at 3:0 p.m. in the Commissioners' Courtroom. in the County
Courthouse at 211 S. Arun Street, Suite 104, Port Lavaca, Calhoun County, Texas.
AGENDAar oxiacu�
The: subject matter of such. meeting is as follows:
DEC 10 2024
1. Call meeting to order. couv cc &a':?
+°'coaM
uurs.TEM,
2. Public comment. OEP01Yc rw
3. Consider and take necessary action to authorize Commissioner Lyssy to execute the
settlement participation and release forms regarding settlement offers from Kroger in the
matter of Texas opioid multi -district: litigation for the County.
4.. Consider and take necessary action to approve an order authorizing Calhoun County to
self -insure any person appointed to a vacancy in the office of County Judge, pursuant to
Tex. Loc. Gov't. Code § 88.008, allowing the appointed officer to perform the duties of
the office without executing a bond for the remainder of their term, until after the
swearing in of an elected officer on January 1, 2027..
5. Consider and take necessary actionby Commissioners Court to appoint and swear in
Shannon Salyer as Judge of Calhoun County, to fill. the vacancy that resulted from the
death of Judge Richard. Meyer.
6. Consider. and take necessary action to accept the resignation of Commissioner. Vern
Lyssy.
Page J of
l �PECIALIUEEIING-12/13/2024
7. Consider and take necessary action to appoint Commissioner Joel Behrens to be Judge
Pro Tem. of Commissioners Court and to be the Court's representative to the monthly
meetings of the Memorial Medical. Center's Board of Managers.
8. Consider and take necessary action to approve an order authorizing Calhoun County to
self -insure any person appointed. to a vacancy in the office of a: County Commissioner,
pursuant to Tex. Loc. Gov't Code §; 88.008, allowing the appointed officer to perform the
duties of the office without executing a bond for the remainder of their term, until after
the swearing in of the elected officer on January 1., 2027.
9_ Consider and take necessary action by Judge Shannon. Salyer to appoint and swear in
Ronald Best to be Commissioner of Calhoun County Precinct No. 2, to fill the vacancy
resulting from the resignation of former Commissioner Vern Lyssy.
10. Consider and take necessary action, to accept the resignation of Judge Shannon Salyer.
11. Consider and take necessary action. by Commissioners Court authorizing the appointment
and swearing in of Vern Lyssyas, Judge of Calhoun County, to fill the vacancy that
resulted from the resignation of farmer. Judge Shannon Salyer:
12. Adjourn.
ern Lyssy, oun / Judge Pro-Tem
Calhoun County, Texas
Acopy of this. Notice has been placed on the inside bulletin board of the Calhoun county Courthouse, 21I. South AnnStreet� Port
Lavaca„ Texas, which is readily accessible during normal business houm This Notice shall remain posted cont(nuousty for at (east
TZ hours preceding the scheduled meeting time. For your convenience, you may visit the countys website at
www.calhou ncotx.or¢ under "Commissioners' Court Agenda" for any officiar court postings.
Page 2 of 2
#01
# 03
EMERGENCY MEE_TIN(i-12/13/2024
December 13, 2024
MEETING MINUTES
OF CALHOUN COUNTY COMMISSIONERS' COURT
MET IN A SPECIAL MEETING AT 3:OOPM. IN THE COMMISSIONERS,
COURTROOM IN THE COUNTY COURTHOUSE AT 211 S. ANN STREET
SUITE 104 PORT LAVACA, CALHOUN COUNTY, TEXAS.
THE FOLLOWING MEMBERS WERE PRESENT:
(NOT PRESENT)Rlchard Meyer
David Hall
(Judge Pro Tem)Vern Lyssy
Joel Behrens
Gary Reese
Anna Goodman
By: Kaddie Smith
The subject matter of such meeting is as follows:
1. Call meeting to order.
County Judge
Commissioner Pct 1
Commissioner Pct 2
Commissioner Pct 3
Commissioner Pct 4
County Clerk
Deputy Clerk
Meeting was called to order at 3pm by Commissioner Vern Lyssy.
2. Public comment.
Commissioner David Hall asked the court to take a moment of silence for the late Judge
Meyer.
3. Consider and take necessary action to authorize Commissioner Lyssy to execute the
settlement participation and release forms regarding settlement offers from Kroger in the
matter of Texas opioid multi -district litigation for the County.
RESULT: APPROVED [UNANIMOUS]
MOVER: David Hall, Commissioner Pct 1
SECONDER: Gary Reese, Commissioner Pct 4
AYES: Commissioner Hall, Lyssy, Behrens, Reese
Page 1 of 9
"HIPPS ORTIZ TALAFUSE PLLC
December 9, 2024
URGENT AND CONFIDENTIAL SETTLEMENT COMMUNICATIONS
County of Calhoun
211 S. Ann Street, Suite 301
Port Lavaca, TX 77979
viaeMail.• richardmevernacalhouncotx.orP
davidhall(a
calhouncotx.o
vern.lvssv6a
calhouncotx. org;
ioe1.behrens6i calhouncotx.2&W
garvreese
,calhouncotx.o
dan.heardgcalhouncotx.nrs
RE.:. TEXAS OPIOID LITIGATION; IN THE 152ND DISTRICT COURT OF HARRIS COUNTY, TEXAS;
MDL MASTER CAUSE No. 2018-63587
Calhoun
Time Sensitive — Proposed Opioids Settlement - Releases Due by 12/18/24
Dear Calhoun County Members,
;zs;e have negotiated an additional settlement in the Texas Statewide Opioid Litigation with
$etatl ]'hafmacy Defendant Roger, each subject to the County's approval and the County Judge's
sl�a ure°sole pr before December 18th. Please note that this deadline to return signed releases for this
sl�hient deans your Commissioners' Court must approve the settlement before the Release is due.
Beea sfe c are,recommending you accept these settlement, please let us know as soon as possible on
Wlia2,.�Ye this can be heard by the Commissioners' Court before December 18th.
THIS IS A FAST TRACK SETTLEMENT —when you. have determined a date for the.
Commissioners' Court meeting, please place an action item on your Commissioner's Court Agenda.
Recommended language for the action item is attached hereto. Because this is our eleventh settlement
with Opioid Defendants and we recommend you participate in this settlement, you may use the
attached PowerPoint in Executive Session and may sign and return the Release, once approved, by
the Commissioners' Court. If you would like Counsel to appear by Zoom or in person, please let us
know immediately so that we may make arrangements.
The attached Release, once signed, must be scanned and returned to my office as soon as
possible, but no later than noon on December 17, 2024
Please ensure that you have this settlement on your meeting agenda and that you notify us of
that meeting date.
The Phipps 1 102 9th Street I San Antonio, Texas 78215 1 P 210.340.9877 1 F 210.340.9899
Page 2 of 2
December 9, 2024
Thank you for your attention to this matter. Please don't hesitate to call my legal assistant,
Maria Franco at 210.340.9877 or via eMail at maria@PhippsOrtizTalafuse.com, with any questions or
concerns.
Than you,
A pps
End
The Phipps 1 102 9lh Street I San Antonio, Texas 78215 1 P 210.340.9877 1 F 210.340.9899
Exhibit A
TEXAS SETTLEMENT SUBDIVISION PARTICIPATION AND RELEASE FORM
Political Subdivision:
Texas
Calhoun County
Authorized Official:
Commissioner Vern Lyssy
Address 1:
Calhoun County Courthouse
Address 2:
211 S. Ann St.
City, State, Zip:
Port Lavaca, TX 77979
Phone:
361-553-4600
Email:
vern.lyssy@calhouncotx.org
The governmental entity identified above ("Texas Political Subdivision"), in order to obtain
and in consideration for the benefits provided to the Texas Political Subdivision pursuant to
the Kroger Texas Settlement Agreement and Full Release of All Claims dated Dec. 13. 2024
("Kroger Texas Settlement"), and acting through the undersigned authorized official, hereby
elects to participate in the Kroger Texas Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1. The Texas Political Subdivision above is aware of and has reviewed the Kroger
Settlement Agreement, understands that all terms in this Participation and Release
Form have the meanings defined therein, and agrees that by executing this
Participation and Release Form, the Texas Political Subdivision elects to participate
in the Kroger Texas Settlement and become a Participating Texas Political
Subdivision as provided therein.
2. The Texas Political Subdivision shall immediately cease any and all litigation
activities as to the Released Entities and Released Claims and, within 14 days of
executing this Participation and Release Form, its counsel shall work with Kroger's
counsel to dismiss with prejudice any Released Claims that it has filed.
3. The Texas Political Subdivision agrees to the terms of the Kroger Texas Settlement
pertaining to Texas Political Subdivisions as provided therein.
4. By agreeing to the terms of the Kroger Texas Settlement and becoming a Releasor,
the Texas Political Subdivision is entitled to the benefits provided therein, including,
if applicable, monetary payments beginning after the Effective Date of the Release.
The Texas Political Subdivision agrees to use any monies it received through the
Kroger Texas Settlement solely for the purposes provided therein.
ICI
6. The Texas Political Subdivision submits to the exclusive jurisdiction and authority of
the Texas Consolidated Litigation Court as defined in the Kroger Texas Settlement.
For the avoidance of doubt, nothing contained in this Participation and Release Form,
or the Kroger Texas Settlement, constitutes consent to jurisdiction, express or
implied, over the Texas Political Subdivision or its selected counsel to the jurisdiction
of any other court (including without limitation MDL 2804, the MDL 2804 Fee Panel,
the MDL 2804 Enforcement Committee, or the Court in which any Texas Consent
Judgment is filed) for any purpose whatsoever.
7. The Texas Political Subdivision, as a Participating Texas Subdivision, has the right
to enforce the Kroger Texas Settlement in the Texas Consolidated Litigation Court
as provided therein.
8. The Texas Political Subdivision, as a Participating Texas Subdivision, hereby
becomes a Releasor for all purposes in the Kroger Texas Settlement, including but
not limited to all provisions of Section V (Release), and along with all departments,
agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity elected or appointed to serve any
of the foregoing and any agency, person, or other entity claiming by or through any
of the foregoing, and any other entity identified in the definition of Releasor, provides
for a release to the fullest extent of its authority. As a Releasor, the Texas Political
Subdivision hereby absolutely, unconditionally, and irrevocably covenants not to
bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or
to otherwise seek to establish liability for any Released Claims against any Released
Entities in any forum whatsoever. The releases provided for in the Kroger Texas
Settlement are intended by the Parties to be broad and shall be interpreted so as to
give the Released Entity the broadest possible bar against any liability relating in any
way to Released Claims and extend to the full extent of the power of the Texas
Political Subdivision to release claims. The Kroger Texas Settlement shall be a
complete bar to any Released Claim.
9. The Texas Political Subdivision hereby takes on all rights and obligations of a
Participating Texas Subdivision as set forth in the Kroger Texas Settlement.
10. In connection with the releases provided for in the Kroger Texas Settlement, each
Texas Political Subdivision expressly waives, releases, and forever discharges any
and all provisions, rights, and benefits conferred by any law of any state or territory
of the United States or other jurisdiction, or principle of common law, which is
similar, comparable, or equivalent to § 1542 of the California Civil Code, which
reads:
General Release; extent. A general release does not extend to claims
that the creditor or releasing party does not know or suspect to exist
in his or her favor at the time of executing the release that, if known
by him or her, would have materially affected his or her settlement
with the debtor or released party.
A-2
A Releaser may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Texas Political Subdivision hereby expressly waives and fully, finally, and forever
settles, releases and discharges, upon the Effective Date, any and all Released Claims
that may exist as of such date but which Releasors do not know or suspect to exist,
whether through ignorance, oversight, error, negligence or through no fault
whatsoever, and which, if known, would materially affect the Governmental Entities'
decision to participate in the Kroger Texas Settlement.
11. The Texas Political Subdivision acknowledges, agrees, and understands that the
Maximum Texas Settlement Amount to be paid under the Kroger Texas Settlement
for the benefit of the Participating Texas Political Subdivision, is less than or equal
to the amount, in the aggregate, of the Alleged Harms allegedly suffered by the
governmental entity, constitutes restitution and remediation for damage or harm
allegedly caused by Kroger in order to restore, in whole or part, the governmental
entity to the same position or condition that it would be in had it not suffered the
Alleged Harms; and constitutes restitution and remediation for damage or harm
allegedly caused by the potential violation of a law and/or is an amount paid to
come into compliance with the law.
12. Nothing herein is intended to modify in any way the terms of the Kroger Texas
Settlement Agreement, to which the Texas Political Subdivision hereby agrees. To
the extent this Participation and Release Form is interpreted differently from the
Kroger Texas Settlement, the Kroger Texas Settlement controls.
I have all necessary power and authorization to execute this Participation and Release
Form on behalf of the Texas Political Subdivision.
Signature:
Name: Vern Lyssy
Title: Commissioner of Calhoun County, Texas
Date: December 13, 2024
A-3
THE STATE OF TEXAS §
COUNTY OF Calhoun §
ORDER (RESOLUTION) AUTHORIZING APPROVAL OF PROPOSED TEXAS
STATEWIDE OPIOID SETTLEMENT AGREEMENTS
BE IT REMEMBERED, at a regular meeting of the Commissioners Court of
Calhoun County, Texas, held on the 13th day of December 2024, on
motion made by 00w id RQ (i Commissioner of Precinct and seconded
by e a a.,( gaQ g)- Commissioner of Precinct H, the following Order (Resolution)
was adopted
WHEREAS, Calhoun
County obtained information indicating that certain drug
companies and their corporate affiliates, parents, subsidiaries, and such other defendants as may be
added to the litigation (collectively, 'Defendants") have engaged in fraudulent and/or reckless
marketing and/or distribution of opioids that have resulted in addictions and overdoses; and
WHEREAS, these actions, conduct and misconduct have resulted in significant financial costs in the
past to the County and will undoubtedly result in significant financial costs in the future; and
WHEREAS, the County brought or has investigated claims against The Kroger Co. ("Kroger"), and
certain other defendants related to potentially released claims; and (2) other defendants in the opioid
supply chain on behalf of the County in In Re: Texas Opioid Litigation, MDL No. 2018-63587,
currently pending in the 152nd District Court of Harris County, Texas and/or removed pending
remand; and
WHEREAS, on October 30, 2024, the Kroger Defendant in the opioid litigation brought by the County,
the State of Texas, through the Office of the Attorney General, and a negotiation group for Texas
political subdivisions entered into an Agreement entitled Kroger Texas Statewide Opioid Settlement
Agreement and Release (hereinafter collectively the "Texas Agreement'); and
WHEREAS, Special Counsel and the State of Texas have recommended that the
Calhoun County Commissioners Court support the adoption and approval of the
1
Texas Agreement in its entirety; and
WHEREAS, even though the payments from the settlements reflect partial compensation to
Calhoun
County for the past damages it has suffered or the future damages it is
likely to incur, given the risks of litigation, the fact that it is to the benefit of Texas and the County and
its residents, and that it reduces the risks associated with protracted litigation;
NOW, THEREFORE,
Calhoun
BE IT RESOLVED that we, the Commissioners Court of
County:
Support the adoption and approval the Texas Agreement;
2. Authorizes the County to execute the Texas Release for the Texas Subdivision
Participation Form and Release; and
Finds as follows:
a. There is a substantial need for repayment of past opioid-related expenditures and
payment to help abate current and future opioid-related harms in and about
Calhoun County, Texas; and
b. The County Commissioners Court supports in its entirety the Texas Agreement.
The County Commissioners Court understands that the purpose of each Settlement
is to effectuate resolution of the Opioid Litigation against the Kroger Defendants.
We also understand that an additional purpose is to ensure the effective means of
distributing any potential settlement funds obtained under settlements in Texas and
under the jurisdiction of Texas Courts in a manner and means that would promote
an effective and meaningful use of the funds in abating the opioid epidemic in this
County and throughout Texas.
The County is hereby authorized to approve and accept the Texas Agreement as set forth herein.
The County Judge or designated official is hereby authorized to execute and deliver the settlement
documents recommended for approval by Special Counsel in the above referenced case and to approve
such terms and provisions for the full and final settlement of all matters set forth therein.
DONE IN OPEN COURT on this the 13th day of December , 2024.
Calhoun Countn COUNTY, TEXAS
Vern Lyssy County Commissioner
EMERGENCY MFETING —12/13/2024
4. Consider and take necessary action to approve an order authorizing Calhoun County to
self -insure any person appointed to a vacancy in the office of County Judge, pursuant to
Tex. Loc. Gov't Code § 88.008, allowing the appointed officer to perform the duties of
the office without executing a bond for the remainder of their term, until after the
swearing in of an elected officer on January 1, 2027.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joel Behrens, Commissioner Pct 3
SECONDER: Gary Reese, Commissioner Pct 4
AYES: Commissioner Hall, Lyssy, Behrens, Reese
Page 2 of 9
I COMMISSIONERS COURT ORDER—12/13/2024
Richard H. Meyer
County judge
David Hall, Commissioner, Precinct 1
Vern Lyssy, Commissioner, Precinct 2
Joel Behrens, Commissioner, Precinct 3
Gary Reese, Commissioner, Precinct 4
ORDER AUTHORIZING
SELF-INSURANCE IN LIEU OF BOND FOR
APPOINTEES TO THE OFFICE OF COUNTY JUDGE
WHEREAS, it is necessary for the Commissioners Court of Calhoun County, Texas, to fill a vacancy in the
office of County Judge; and
WHEREAS, any continued delay for an officer appointed to fill this vacancy from beginning their official
duties is harmful to the continuity of county business; and
WHEREAS, Section 88.008 of the Texas Local Government Code allows a county officer or employee to
perform the duties of the office or employment without executing a bond if Commissioners Court by order
authorizes the county to self -insure against losses that would have been covered by the bond.
IT IS SO ORDERED that Calhoun County self -insure any person appointed the office of County Judge
against losses that would have been covered by the bond and in the amount that would have been covered by
the bond, allowing the appointed officer to perform the duties of the office without executing a bond until the
expiration of their term. This order will remain in effect until after the swearing in of an elected officer on
January 1, 2027, and shall be kept and recorded by the Calhoun County Clerk. Executed on this the 13`" day
of December. 2�024.
Precinct 1
Joel M. ehrens
Commi sioner, Precinct 3
Attest: Anna Goodman, County Clerk
k� (Ih" U
By: Deputy Clerk
d0
Vern Lyssy
Commissioner, Precinct 2
Gary Reese
Commission r, Precinct 4
Page 1 of 1
# 05
I EMERGENCY MEET IN6-1.2/1.3/2024
5. Consider and take necessary action by Commissioners Court to appoint and swear in
Shannon Salyer as Judge of Calhoun County, to fill the vacancy that resulted from the
death of Judge Richard Meyer.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
David Hall, Commissioner Pet
1
SECONDER;.
Joel Behrens, Commissioner Pct 3
AYES:
Commissioner Hall,; Lyssy, Behrens, Reese
Page 3 of 9
' EMERGENCY MEEIING--;1.2/13/L024
6. Consider and take necessary action to accept the resignation of Commissioner Vern
Lyssy.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joel Behrens, Commissioner Pct 3
SECONDER:Gary Reese, Commissioner Pct 4
AYES: Judge Salyer, Commissioner Hall, Lyssy, Behrens, Reese
Page 4 of 9
December 13, 2024
Commissioners Court
Calhoun County Courthouse
211 S. Ann St.
Port Lavaca TX, 77979
Judge Salyer and fellow Commissioners,
Please consider this letter written notice of my resignation of the office of Commissioner
of Calhoun County Precinct 2, effective immediately.
Sincerel ,
Vern Lyssy
Commissioner, Pct. 2
Calhoun County, Texas
E.MERGENCYMEEIING-12/13/2024
7. Consider and take necessary action to appoint Commissioner Joel Behrens to be Judge
Pro Tern of Commissioners Court and to be the Court's representative to the monthly
meetings of the Memorial Medical Center's Board of Managers.
RESULT: APPROVED [UNANIMOUS]
MOVER: Gary Reese, Commissioner Pct 4
SECONDER: David Hall, Commissioner Pct 1
AYES: Judge Salyer, Commissioner Hall, Behrens, Reese
Page 5 of 9
EMERGENCY MEETING--12/13/2024
8. Consider and take necessary action to approve an order authorizing Calhoun County to
self -insure any person appointed to a vacancy in the office of a County Commissioner,
pursuant to Tex. Loc. Gov't Code § 88.008, allowing the appointed officer to perform the
duties of the office without executing a bond for the remainder of their term, until after
the swearing in of the elected officer on January 1, 2027.
RESULT: APPROVED EUNANIMOUS]
MOVER: David Nall, Commissioner Pct 1
SECONDER: Gary Reese, Commissioner'Pct 4
AYES:1 Judge Salyer, Commissioner Hall, Behrens, Reese
Page 6 of 9
COMMISSIONERS COURT ORDER—12/13/2024
Shannon Salyer
County judge
David ]Hall, Commissioner, Precinct I
Vern Lyssy, Commissioner, Precinct 2
Joel Behrens, Commissioner, Precinct 3
Gary Reese, Commissioner, Precinct 4
ORDER AUTHORIZING
SELF-INSURANCE IN LIEU OF BOND FOR
APPOINTEES TO THE OFFICE OF COUNTY COMMISSIONER
WHEREAS, it is necessary for the Commissioners Court of Calhoun County, Texas, to fill a vacancy in the
office of County Commissioner; and
WHEREAS, any continued delay for an officer appointed to fill this vacancy from beginning their official
duties is harmful to the continuity of county business; and
WHEREAS, Section 88.008 of the Texas Local Government Code allows a county officer or employee to
perform the duties of the office or employment without executing a bond if Commissioners Court by order
authorizes the county to self -insure against losses that would have been covered by the bond.
IT IS SO ORDERED that Calhoun County self -insure any person appointed the office of County
Commissioner against losses that would have been covered by the bond and in the amount that would have
been covered by the bond, allowing the appointed officer to perform the duties of the office without executing
a bond until the expiration of their term. This order will remain in effect until after the swearing in of an
elected officer on January 1, 2027, and shall be kept and recorded by the Calhoun County Clerk. Executed
on this the 13th day of December, 2024.
Salyer, County Judge
Commissioner, Precinct
Anna Goodman, County Clerk
Page 1 of 1
EMERGENCYMEETING-12/1.3/2024
9. Consider and take necessary action by Judge Shannon Salyer to appoint and swear in
Ronald Best to be Commissioner of Calhoun County Precinct No. 2, to fill the vacancy
resulting from the resignation of former Commissioner Vern Lyssy.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joel Behrens, Commissioner Pct 3
SECONDER: David Hall, Commissioner Pct 1
AYES: Judge Salyer, Commissioner Hail, Behrens, Reese
Page 7 of 9
' EMFRGENCYMEETING--12/13/2024
10. Consider and take necessary action to accept the resignation of Judge Shannon Salyer.
RESULT: APPROVED [UNANIMOUS]
MOVER: David Hall, Commissioner Pet 1
SECONDER: Gary Reese, Commissioner Pct 4
AYES: Judge Salyer, Commissioner Hall, Best, Behrens, Reese
Page 8 of 9
December 13, 2024
Commissioners Court
Calhoun County Courthouse
211 S. Ann St.
Port Lavaca TX, 77979
Esteemed Commissioners of Calhoun County,
Please consider this letter written notice of my resignation of the office of County Judge,
effective immediately.
Sincerely,
Znnonalyer
County Judge
Calhoun County, Texas
EMERGENCY MEEFING-12/1.3/2024
11. Consider and take necessary action by Commissioners Court authorizing the appointment
and swearing in of Vern Lyssy as Judge of Calhoun County, to fill the vacancy that
resulted from the resignation of former Judge Shannon Salyer.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joel Behrens, Commissioner Pct 3
SECONDER: Gary Reese, Commissioner Pct 4
AYES: Commissioner Hall, Best, Behrens, Reese
12. Adjourn. 3:13
Page 9 of 9
SARA M. RODRIGUEZ
CALHOUN COUNTY CRIMINAL DISTRICT ATTORNEY
W. A. (Bill) White, Assistant CDA Randy R. Crider, Investigator
m.......... ♦ n.....a_.. w_..e..._...
December 9, 2024
Commissioners Court of Calhoun County
Calhoun County Courthouse
211 S. Ann St.
Port Lavaca, Texas 77979
Re: Process for County Judge Appointment
Dear Commissioners:
Due to the value of continuity of the Court and the complexity of unresolved projects and issues left by
the untimely and unexpected death of Judge Richard Meyer in the middle of his term, the Court has expressed to
me a desire to explore the possibility of filling the vacancy in the office of County Judge by appointing a person
currently serving as County Commissioner. As such, I was asked to examine the legal procedures necessary for
accomplishing this task, should the Court decide to go in this direction.
The Texas Constitution requires that any vacancy in the office of county judge be filled by commissioners
court.' An appointment filling the vacancy of county judge requires only a major its of the members of the court
who are present and voting? The person appointed would hold the office until the next general election.'
While Texas law clearly authorizes a commissioners court to appoint a new county judge in the event of
a vacancy, there are some complications that arise when the desired appointee is a sitting commissioner on the
court. The Attorney General of Texas has previously issued opinions warning against a court appointing a
Tex. Const., art. V, § 28(b).
z Tex. Local Gov't Code § 87.041(b).
3 Tex. Local Gov't Code § 87.041(c).
211 South Ann Street, Suite 302 (361)553.4422 • Fax(361) 553-4421
Port Lavaca, Texas 77979 Email: daQcalhouncotx.org
commissioner to a vacant county office unless that commissioner resigns first 4 The issue here is that a resignation
for a county office in Texas is not effective until the vacancy has been filled by a duly -qualified replacement,'
and the only office authorized to appoint a county commissioner in the case of a vacancy of office is a sitting
county judge 6
I have spoken to Paul Miles, Associate General Counsel for Legal Department of the Texas Association
of Counties, and Jim Allison of Allison, Bass, & Magee, and both agree that the opinions issued by the Attorney
General complicate the procedure for appointing a commissioner to fill a vacancy in the office of county judge.
They both have agreed with my suggestion that, to do it correctly, the procedure below should be followed:
1. Commissioners Court appoints a new County Judge.
2. A County Commissioner resigns and the new County Judge appoints a new County Commissioner to
replace the former Commissioner.
3. The County Judge resigns and Commissioners Court appoints former Commissioner as next County
Judge.
I would also suggest that the Court pass an order allowing for the County to self -insure the newly appointed
officers, so that everyone can be sworn -in and begin their official duties immediately after they are appointed.
Our office is eager to provide continued support to the Commissioners Court as it leads Calhoun County
through this difficult time. Please let me know if there's any additional legal research needed regarding this
matter.
Sincerely,
Arnold K. Hayden
Assistant Criminal District Attorney
4 Tex. Att'y Gen. Op. Nos. C-452 (1965) & 0-410 (1939).
Tex. Const. art. XVI, § 17.
6 Tex. Local Gov't Code § 87.042(a).
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