Fannin County, Texas -- Fannin County Commissioners Court managed to hold civil conversations during most of its regular meeting Tuesday before bedlam broke out over the same subjects that have plagued this court for eight months - the condition of the courthouse and six trumped up indictments that were summarily dismissed by the first person outside of Fannin County to examine this regrettable situation.
The six suspicious indictments were apparently the highly questionable product of a retiring district judge, a retiring district attorney and an overly litigious county judge. All six cases were thrown out for "lack of a probable cause," which means that no reasonable person would look at the facts and believe a crime has been committed.
Tuesday's meeting blew up when an animated Fannin County Judge Newt Cunningham began angrily waving over his head a letter from another attorney, despite calls from commissioners on Cunningham's left and right to stop the grandstanding.
The letter was from the general counsel for CEC, the company doing electrical repairs at the courthouse and it was in regard to Texas Department of Licensing and Regulation (TDLR) making certain that proper repairs are made.
Pct. 3 Commissioner Kurt Fogelberg is already on the record numerous times asking for guidance from TDLR, so Cunningham's over-the-top performance seemed to be just another opportunity to drag people's names through the mud even after all charges were thrown out. And all four commissioners called the county judge out for his unprofessional behavior.
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All five members of Fannin County Commissioners Court were present for a regular meeting held Tuesday, August 5, 2025.
The meeting opened with an invocation by Judge Cunningham and pledges were led by Major James Manis (Ret.).
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Routine items
Fannin County Commissioners Court approved bills totaling $732,127.66; payroll was $425,814.41 for 151 employees.
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Discussion items
Commissioners court briefly discussed the proposed budget. Fannin County Auditor Alicia Whipple presented all five members of the court with copies of the proposed budget, which can be modified until it is adopted.
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Discussion and possible action items
Commissioners court voted to declare an older sheriff’s patrol unit -- a 2019 Ford Explorer -- as surplus to be sold at auction.
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Commissioners court voted to approve moving an unused, full-time dispatch position to a sergeant position in the sheriff’s office; with no change in the budget or pay rate.
Senate Bill 22, a grant program that provides financial assistance to sheriff’s departments, constable’s offices and district and county attorney’s offices in eligible counties, will contribute a portion of the new sergeant's salary.
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Commissioners court voted to approve a Proclamation declaring August 2025 to be National Emergency Management Awareness Month.
Cunningham discussed the Threat and Hazard Identification and Risk Assessment (THIRA) guidelines.
THIRA is a three-step risk assessment process that helps communities understand their risks and what they need to do to address those risks by answering the following questions:
- What threats and hazards can affect our community?
- If they occurred, what impacts would those threats and hazards have on our community?
- Based on those impacts, what capabilities should our community have?
The outputs form this process and lay the foundation for determining a community’s capability gaps as part of the Stakeholder Preparedness Review.
Cunningham asked commissioners to document risks in their respective precincts.
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Commissioners court passed on an agenda item regarding an Interlocal Agreement with the City of Ladonia relating to law enforcement.
The amount of the salary that Ladonia would agree to pay for this law enforcement officer seems to be delaying the process. The starting pay for a deputy, with benefits, is $67,417.08 a year. Ladonia has agreed to pay $60,000; as it stands now, the county or Upper Trinity Regional Water District would need to pay $7,417.08 to fund a deputy in this area.
The county had originally planned to lease a law enforcement vehicle secured by City of Ladonia, but determined it would be more advantageous to transfer the vehicle to the office of Pct. 3 Constable Kevin Mayberry. Although the vehicle and new officer would be based in Ladonia, he or she would be expected to patrol a portion of Pct. 3 at times.
Constable Mayberry has budgeted enough fuel for two vehicles. The reserve car would stay at the office during off-hours.
This subject will likely be discussed when Ladonia City Council meets August 18, 2025.
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Commissioners court voted to approve a Professional Services Agreement with Tyler Technologies for the utilization of eCourtDate, an email and text-based reminder system, through the Office of Court Administration for all Justice of the Peace offices for a one-time payment of $1,500.00.
There were some questions about prior issues with Tyler Technologies. All three JPs have money in their budgets to cover the one-time payment.
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Commissioners court voted to approve two change orders at the Justice Center.
The construction manager at risk (CMAR), Crossland Construction, will pick up the tab of $19,400.00 for change order #020 (CC-Scope Gap for Sidewalk Subgrade).
The county will be responsible for paying $22,079.00 for change order #022 (Reparations of the Existing Roof).
Pct. 1 Commissioner Troy Waggoner believes this action should repair the Justice Center's current roof for five years, but he suggested that the county will need to begin setting money aside for a new roof eventually.
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Commissioners court passed on an agenda item regarding a contract with H&G Systems HVAC Service for yearly maintenance.
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Commissioners court voted to approve a 2025-005 RFP- Justice Center Furniture Proposal Requests.
Pct. 3 Commissioner Kurt Fogelberg will be the court's point man to assist Fannin County Purchasing Agent Julie Criswell in searches for the best pricing agreements.
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Commissioners court voted against compensating Chief Clerks at Justice of the Peace Precincts 2 and 3 for cleaning their offices.
The court expressed concerns that this precedent would be "opening a can of worms" and voted it down, 5-0.
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Commissioners court voted to approve the purchase of a 2007 Mac 10-Wheel Dump Truck from Red Top Trucking for Precinct 4 for $49,500.00 from line 240-624-5710.
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Commissioners court passed on an agenda item regarding installation of and payment for gas line(s) at the Justice Center from the meter to the building.
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Commissioners court voted to set a hearing on September 9, 2025 at 8:50 a.m. at the Fannin County Courthouse regarding No Thru Truck Traffic on County Roads 1105 and 1215.
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In regard to identifying public safety risks in Fannin County that may lead to catastrophic events and taking appropriate action, one county resident wrote in on Zoom to ask a question about emergency response drills.
Cunningham said the county is working with representatives of the battery energy storage system near Savoy regarding emergency response issues.
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Commissioners court voted to change the Tuesday, August 19, 2025 commissioners court to Monday, August 18, 2025 at 9:00 a.m.
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Open discussion items
Open discussion items may be passed on unless discussion requested by a member of the court or a citizen.
In regard to county policies, ordinances, regulations and enforcement, Bonham resident Rusty Deets had questions about commissioners court rules regarding who can address the court.
Generally, a person who wishes to speak on an agenda item or items is expected to sign up before the meeting begins. However, if the court votes to allow someone to speak, it will be permitted even if the person didn't sign up beforehand.
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In regards to construction (courthouse repairs and Justice Center), Deets asked, for the second consecutive week, why the drain on the south side of the courthouse has still not been repaired despite months of dire warnings from Cunningham about the danger of water pooling in the courthouse basement after a rain.
"We've done nothing and it has been 3-4 weeks," Deets said in closing.
Cunningham said that as long as no one is allowed in the basement, it isn't a risk.
Cunningham then began a long dialogue regarding correspondence with Douglas Prichett, general counsel for CEC Facilities Group in Irving, regarding ongoing repairs at the courthouse.
Prichett asked Cunningham to notify the Texas Department of Licensing and Regulation that CEC's master electrician is resolving electrical issues at the courthouse.
"I am going to get them [CEC] to do the repairs and I don't need people telling them that they don't have to do them," Cunningham stated.
"I don't know who told them that they don't have to do them," questioned Pct. 3 Commissioner Kurt Fogelberg, "and I don't know why you think that we haven't been saying go to TDLR and get the...."
Cunningham interrupted to say, "You have been."
"Well, you don't have to grandstand about it," Fogelberg replied. "That's their job."
"I thought CEC was coming back Labor Day to change that ground wire," Waggoner spoke up.
"There are other things that need to be changed and they have slowed down on it and we are going to get them in here to fix it," Cunningham said.
Cunningham said he has been working since 2023 to get repairs paid for by the contractors despite resistance.
"To date, ladies and gentlemen, we haven't got what we paid for," Cunningham said, "and my intention -- despite my budget being cut back, despite my people being singled out, the people on my team..."
"Now, hold on a minute, sir," Pct. 4 Commissioner Doug Kopf interjected. "You need to calm down a little bit. Now you're getting me upset."
Kopf said that if the facilities manager needs to be present during repairs at odd hours, his schedule needs to be adjusted to prevent taxpayers from paying thousands of dollars due to excessive overtime.
The court went back and forth about how many electricians were present for the walk-through.
"I want to hire an engineer to tell us what is wrong with this building and the court doesn't want to do it," Cunningham said.
"You had Eikon look at it in 2023," Pct. 2 Commissioner A.J. Self noted.
"OK, sir, I realize you would like there to be nothing wrong with this courthouse," snapped Cunningham. "I understand that, and I understand why."
"Why?" asked Self.
"Because you were indicted over it," Cunningham said, even though Cunningham is well aware that all six indictments were dismissed months ago for lack of a probable cause.
"Oh, I was?...I wonder why," Self fired back.
"I wonder why, too," Cunningham said. "I think a grand jury determined that you were culpable."
Then, realizing that he was on thin ice and possibly opening the county up for countersuits, Cunningham backed up and rephrased his accusation to say, "Actually, you appeared to be culpable."
"Didn't the judge say he wasn't?" asked Fogelberg.
Grasping for straws, Cunningham said it was a Democratic DA from Dallas who dismissed the charges.
"Because he was a Democrat?" asked Fogelberg.
As laughter rang out, an obviously frustrated Cunningham mumbled, "No," and then he recovered enough to say, "I'm giving you the facts."
Then the subject of Cunningham's editorials surfaced.
"The piece you put in the paper said a couple of months ago the county couldn't spend enough to fix our roads," Fogelberg began. "And your position is that the money would have been wasted if we spent it. But now you want to go with a road engineer and that's going to cost way more money and it's not a good fit for this county."
"It will not cost more money if it is done properly," countered Cunningham.
"It's another salary," Self pointed out.
"I'm thinking our county can't afford you, judge," Fogelberg told Cunningham.
"That can be determined at the ballot box," Cunningham said.
"We need unitization," Cunningham began. "We need a county engineer, we need someone who understands grade, we need someone who understands road surfacing, drainage and right now we don't have people who understand that," Cunningham told commissioners.
Waggoner seemed exasperated by the insult and told Cunningham, "You have no clue what you are talking about right now."
Cunningham went into a speech about his years of experience on corporate boards and highway commissions.
"That doesn't mean you understand grade, either," Fogelberg told Cunningham, noting that the county could have used some of that vast experience from boards and commissions when the Justice Center was purchased.
"Exactly!" echoed Waggoner.
"We had engineers who were supposed to be taking care of that," Cunningham offered.
"And now we are paying for it," remarked Fogelberg.
Cunningham started to repeat his talk about the letter from the chief counsel for CEC before he was interrupted.
"Enough grandstanding," Fogelberg said. "Let's move on."
"We need to back up for a minute because I've got a few things about the Justice Center that I need to talk about, whether you like it or not," Waggoner told Cunningham.
"I'm delighted to have you talk about the Justice Center," Cunningham responded. "Let's talk about the Justice Center."
"We're going to need cell-phone boosters out there because it is a metal building and you're not going to be able to get a cell-phone signal in that building," Waggoner warned, adding that fiber-optic internet lines will also need to be trenched to the building before the parking lot is constructed.
Cunningham suggested taking concerns like these to the project engineer and construction manager at risk.
Cunningham said this is the first time he has heard anyone express concern about cell-phone service in the Justice Center.
"Let's get it done and get it done right," said Cunningham.
Waggoner said he is only now realizing that no one is addressing these issues.
"When did you tell me about it?" asked Cunningham. "The first time you brought it up to me is here. Let's quit the posturing. Let's try to get some work done."
"Let's talk about that, too, because you do the same thing to all of us all the time," Waggoner told Cunningham, "so don't even start."
"You put it in the paper every week," added Fogelberg.
Self said the county shouldn't need to hire an engineer to determine if the cell-phone signal is hampered by the metal building.
"Go in there and see if you have a cell-phone signal," Self suggested, and he asked Cunningham to listen to what Waggoner had to say.
"I would rather listen to my architect and engineer and ask them the questions, than have this stuff batted around," answered Cunningham.
"I'll tell you exactly what I'll do," Waggoner told Cunningham. "I'll quit even going out there and let you handle it then..."
"I want you to go out there," Cunningham replied to Waggoner.
"Apparently, you don't," Waggoner responded.
"He doesn't want anything done unless an engineer or architect tells him so," said Self.
"If I may interrupt everybody, I think we should bring professionalism back to this commissioners court, and it has gotten way out of hand, judge," said Kopf. "We need to start acting like professionals up here, and we're not. We all need to settle down. We need to stop losing our tempers. We need to look at everything as businessmen. We need to leave our emotions aside. We need to conduct this court with professionalism."
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In regard to Emergency Medical Services, Fogelberg said he participated in meetings with volunteer fire departments near Honey Grove and heard no complaints about Allegiance Mobile Health, but there is a general consensus that VFDs have been left out of training for situations around Bois d'Arc Lake and aren't being fully utilized.
Executive session(s) and action if needed
Pursuant to Texas Government Code, Section 551.071, Fannin County Commissioners Court entered into executive session at 10:42 a.m. to consult with their attorney, and to discuss personnel issues including Purchasing and Auditor.
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Commissioners court reconvened in open session at 11:46 to announce no action was taken in executive session.
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Commissioner Kopf asked for the public's patience as the court works through issues.
