Is moving a bailiff into a new court defunding the police? Tarrant County seeks legal opinion
Tarrant County commissioners are concerned its handling of a staffing matter could potentially violate state law.
The Commissioners Court voted 4-0 Tuesday to create a bailiff position in one of the county’s criminal courts, but wanted a legal opinion from the District Attorney’s Office before filling the opening by transferring an employee. Commissioner Gary Fickes was absent. A state law bans local governments from cutting law enforcement budgets.
Lawmakers passed a series of bills in 2021 that essentially outlawed defunding the police and instated punishments for people who interfere with police functions, like blocking police vehicles. One of these laws prohibited local governments with more than 250,000 residents from reducing police budgets. Consequences include a deduction in cash from the municipality’s sales tax and a ban on increasing property taxes and utility fees.
Tina Glenn, the county’s human resources director, told the court that before the bill passed in 2021 it wasn’t unusual for employees to be moved without an impact to the county’s budget. Commissioner Roy Charles Brooks pointed out that the move wouldn’t necessarily mean the county took funding away from the sheriff’s department — when someone is moved to a new position, the county would need to backfill the employee’s prior position, he said.
County administrator G.K. Maenius noted the county had this conversation before in another situation when it had to move another bailiff. Sheriff Bill Waybourn told the county at the time he did not consider the move an attempt to defund the sheriff’s department, Maenius said.
The county ended up in a similar position when it redistricted the justice of the peace and constables offices. Some offices had more work than others and they couldn’t transfer deputies between constables’ offices because it violated the law, Brooks said.
