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| 6/22/2009 12:07:00 PM | Email this article • Print this article | Much ado over the Williamson budget officer
County makes title adjustment after group cites financial concerns
BRAD STUTZMAN
Editor
It's not every day Williamson County government officials quote or make reference to Shakespeare, but that's what County Judge Dan Gattis and County Attorney Jana Duty each did this week, calling the question of who should be county budget officer "much ado about nothing."
More than 18 months after a Texas Attorney General's opinion was issued - affirming a law that says county judges can't also be budget officers in counties of more than 225,000 population - the Williamson County Commissioners Court on Tuesday relieved Gattis of that title and turned it over to Ashlie Koenig, who had until then worked under the title of "assistant budget officer."
The unanimous Commiss-ioners Court vote followed pressure from Williamson County Public Policy Coalition, which earlier this month sent a letter of complaint to the County Attorney's office.
Williamson County Public Policy Coalition, a citizen action group, includes people who have opposed county polices concerning issues such as the Hutto landfill and the T. Don Hutto immigrant detention center in Taylor.
A June WCPPC newsletter alleges Gattis has acted in an "illegal" way by serving as budget officer.
Following Tuesday's Commiss-ioners Court meeting, Gattis - who was among those voting to turn the title over to Koenig - called the flap "much ado about nothing."
"When the county judge said this is 'much ado about nothing,' that's what I've been saying for two years," Duty added.
Duty said that based on the Texas Local Government Code, it's her legal opinion the county judge should not also be budget office because Williamson County has a population of more than 225,000.
On the other hand, she said who gets the "budget officer" title is a moot point, since Koenig - with or without the title - has been preparing county budgets for Commissioners Court review for about the past nine years.
"Technically, he shouldn't have the title [but] this is form over substance," Duty said. "He [Gattis] can call himself 'King of the World' if he wants, but as long as he's not doing anything illegal that's not a battle I'm going to take on."
Big business
Williamson County government includes approximately 1,500 employees and a fiscal 2008-09 budget of $191.2 million. The county budget funds a variety of services for the county's approximately 373,000 residents.
County department heads and elected officials are currently making their budget requests for fiscal 2009-10, with commissioners scheduled to adopt a new budget Aug. 25.
Who bears responsibility for pulling all that together is outlined in Chapter 111 of the Texas Local Government Code.
"It's based on the size of the county," Duty said. "In smaller counties [less than 225,000 population] it's the county judge who puts the budget together."
Government code stipulates that in counties of 225,000 or more, the Commissioners Court appoints the budget officer or, by default, the duties go to the county auditor.
According to a November 2007 opinion Texas Attorney General Greg Abbott's office issued, the person appointed can't be the county judge.
Duty said she believes the law exists to maintain a set of "checks and balances," so the county judge cannot consolidate all the power in his office.
WCPPC members say that is also their concern.
According to the group's June 15 newsletter: "... to fully comply with the intent of the law, not only must Gattis be removed as the county's budget officer, the structure must ensure that necessary checks and balances are in place so that his role and influence are no different than any other member of the commissioners court."
But Koenig - who is not receiving a pay increase to go along with her new title - said, "I've been with the county going on nine years, four-plus years strictly in budget. I've been doing [the budget] all along."
Gattis agreed.
"She already had the work, now she gets the title," he said.
Gattis went on to say he believes WCPPC's grievances are politically motivated, speculating that they will field candidates to run against him - as well as Pct. 2 Commissioner Cynthia Long and Pct. 4 Commissioner Ron Morrison - next year.
Members of WCPPC have in the past said they anticipate finding candidates who are in agreement with them, and possibly fielding candidates from within their own ranks.
'No harm, no foul'
Duty said Koenig's position will be made a separate one-person department for budgeting.
"We are in the process of working out those details," Duty said. "As a department head, she answers to all five members of the court."
Duty said that long before WCPPC organized, she had asked for an attorney general's opinion on the budget officer question.
Duty said she made her AG's request in May 2007 and in November 2007 received the AG's opinion.
But the Commissioners Court did not change its policy.
"Judge Gattis had two opinions from my office - my opinion and another attorney's opinion," Duty said. "Judge Gattis decided to go with the other attorney's opinion."
When asked if county government has been breaking the law with Gattis serving as budget officer, Duty said: "This has been my quandary since the Commissioners Court appointed Judge Gattis as the budget officer. However, he was not [gaining] any more authority than he already has by having that title."
County Auditor David Flores - who said he had "by default" served in the past as budget officer - agreed.
"I'm not taking anything away from Ashlie. I support her appointment," he said. "But I don't believe that the way it was being done [with Gattis] in any way circumvented the law. As I've heard it said, 'no harm, no foul.'"
Koenig, Flores and Duty each noted elected officials and department heads will still make their budget requests, public hearings will still be held and a vote of the full five-member Commissioners Court will still be taken.
"The separation [of power] is that the court gets to adopt the budget," Koenig said. "They can add monies in. They can take monies away."
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