Port Lavaca Council offers judge new agreement on magistration

Port Lavaca City Council voted to propose a memorandum of understanding with Municipal Court Judge Raymond Perez on June 30, as part of an effort to address his participation in county-level magistration duties.

The proposal follows discussion regarding the duties of the city’s municipal court judge, including whether or not the municipal judge was responsible for magistrating arrestees within the county. It also follows at the request of Calhoun County Sheriff Bobbie Vickery according to Port Lavaca’s city attorney that the presiding judge shall perform magistration services for prisoners accused of violating state law when county justices of the peace are unavailable due to scheduling or other conflicts.

“The council considered a proposed memorandum of understanding that outlined several changes. Key among them was whether the municipal judge would be required to join a rotating group responsible for magistrating arrestees within the county and whether the judge would receive additional compensation for these duties,” Port Lavaca City Attorney Anne Marie Odefey said. “The proposal also included a provision to reclassify the judge’s position from a city employee to an independent contractor.”

Following a closed session, council members first voted on the proposed memorandum of understanding, alongside a measure that would provide the judge with compensation of $100 per day for performing the duties. Council members Tim Dent and Justin Burke voted in favor of the proposition, while council members Daniel Aguirre, Allan Tippit, Rosie Padron and Rose Bland-Stewart voted against. This was followed by another vote on the revised agreement lacking the compensation, in which all council members voted in favor, aside from Burke.

“Subsequently, the council voted five to one to approve a revised agreement. Under the terms of this newly-passed agreement, the municipal judge will be required to perform the magistration duties without receiving additional compensation,” Odefey said. “The approved agreement also included several other procedural changes that were not central to the debate.”

While the second proposal was approved by council, Perez’s attorney Thomas Gwosdz stated that the judge had not made a final decision and would contemplate the offer.

“It is unclear at this time if the municipal judge will be in agreement with these revisions, which may lead the city council to revisit the issue in the future,” Odefey said.

“We came to the city council offering a resolution to the issue that they’re having. They chose to revise our offer at the last minute without consulting us, and so we will have to review and consider their offer,” Gwosdz said.

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