Fannin County, Texas -- The running battle over who is allowed to address Fannin County Commissioners Court and what apparel is approved contributed to another lengthy and contentious meeting Tuesday, August 26, 2025.

All five members of commissioners court were present for the regular meeting. The meeting opened with an invocation by David Woodson, and pledges were led by Major James Manis (Ret.).

*****

In public forum, Fannin County resident Jason Walker asked why new rules for decorum are not being followed, including a rule that T-shirts are not allowed, as well as questions about the court adhering to the three-minute rule for speakers.

"What are the rules?" asked Walker. "Why do we pass rules if we're not going to follow them? Either revoke them or enforce them. I think rules are fine as long as we enforce them equally."

Bonham Rusty Deets also complained that the court isn't uniformly adhering to rules regarding decorum.

Two weeks ago, Deets said he asked Fannin County Judge Newt Cunningham why he didn't allow Deets to speak.

"You flat out told me you didn't like me," Deets told Cunningham. "I don't care whether you like me or not, I have the same rights as everybody else. I would hope that from now on you remember that when someone wants to speak."

Deets said the form that speakers are asked to sign is ambiguous.

 "How come we can't get it right?" Deets asked.

Deets said the form indicates that a speaker must sign a form and turn it in prior to discussion on a particular agenda item.

"We've had so many issues with you as judge, it's ridiculous," Deets said. "It's one after another."

Major Manis informed the public that Congressman Pat Fallon will be at Grayson College Thursday, August 28 for a town hall meeting and be inducted into Texoma Heroes.

Pct. 1 Commissioner Troy Waggoner said that he is being told that road signs being put up by TxDOT may be illegally placed because the county may need a prior public hearing and have the information posted for 30 days before installing the signs.

*****

Routine items

Commissioners court approved payment of bills totaling $844,683.36.

*****

Commissioners court approved minutes from regular meetings on September 19, 2023 and October 10, 2023.

*****

Matt Brown of Allegiance Mobile Health presented the Emergency Medical Services Report for July 2025.

Brown reported receiving 204 calls, resulting in 139 transports, 39 people were treated on the scene but not transported, 12 were not treated or transported, 7 calls were cancelled while en route.

The average response time was 13:21; the longest response time was 38:31.

Cunningham asked for more details about the longest response time.

**** 

Commissioners court approved the Treasurer’s Financial report for July 2025, as well as the Treasurer’s Investment report for July 2025.

The total receipts for July was $1,233,446.59.

Current property taxes received was $106,040.23.

Delinquent taxes was $31,732.04.

May sales tax received in July was $181,117.20. 

Interest for July from TexPool accounts was $59,349.04. The average interest rate was 4.2970%.

The business money-market account accrued $169.04 of interest.

Interest on cash in the bank was $19,845.37.

The county's 2022 bond interest was $8,267.93.

The liquid CD from property sales collected $19,264.60 of interest.

Total interest for July was $106,895.98.

*****

Discussion items

Observance of Order signed by 336th Judicial District Judge Christina Tillett to set the salary of the county auditor to $115,378.86 beginning October 1, 2025.

******

Observance of Order signed by 336th Judicial District Judge Christina Tillett to set the salary of the county auditor’s assistants to $74,350.87, $66,370.87, $53,705.53 and $51,148.13 as of October 1, 2025.

*****

Observance of Order signed by 336th Judicial District Judge Christina Tillett to set the base salary of the official court reporter to $124,107.74 as of October 1, 2025.

*****

Commissioners court held a brief discussion regarding an ad hoc committee's decision to award the county's Mortuary and Transportation Services contract to Cooper-Sorrells Funeral Home.

Ron Green, owner of Wise Funeral Home, complained about the process.

Jason Walker said he was disturbed by what he felt like were slanderous and degrading accusations made by the one of the owners of Wise Funeral Home and he questioned the wisdom of putting this contract back on the agenda simply to allow a competitor to bash a local business that was awarded the county contract by the county-appointed committee.

Walker called the owners and employees of Cooper-Sorrells Funeral Home "people of integrity with outstanding character."

Green attempted to address the court again, but the court voted to decline his request to speak.

*****

Discussion and possible action items

Commissioners court voted to approve additions to the Sheriff and Constable Fees to include ‘Collecting Money on an Order of Sale without a sale’, which is capped at $2,500.00.

*****

Commissioners court approved a total loss insurance claim and replacement of a vehicle for Constable Precinct 3.

Fannin County Auditor Alicia Whipple explained that, three weeks ago, Pct. 3 Constable Kevin Mayberry's 2023 model car was intentionally rammed by a fleeing perpetrator. The constable's car was totaled. The county will receive $29,498.17 from Texas Association of Counties (TAC) to replace the constable's vehicle. The equipment from the vehicle will need to be tested to see if it was damaged.

The cost of the replacement vehicle, and to have it outfitted with the necessary equipment, is $64,722.00. With the $29,498.17 from TAC factored in, Whipple advised the court that the county will need to pay the difference of $35,223.83 from Contingency.

The will leave the county with $123,009.85 in Contingency until the fiscal year ends September 30, 2025.

*****

Commissioners court voted to authorize the county judge to sign and submit the 2025 Annual Cybersecurity Training Certification Form stating Fannin County is in compliance and all training is complete.

Fannin County I.T. Director Dustin Morrow said that all mandated employees have completed training.

 *****

Commissioners court voted to accept a furniture donation from Legend Bank.

Fannin County Purchasing Agent Julie Criswell said that Legend Bank is offering seven large, heavy-duty mahogany executive desks, another slightly smaller desk, and 18 chairs. Criswell estimated the total donation to be approximately $20,000 and she noted that the county will need to transport the furniture across the street from the Legend Bank's current location to the Justice Center.

Commissioner Waggoner thanked Legend Bank for the donation and Judge Cunningham asked for other businesses with surplus furniture to keep the county in mind. 

Jason Walker asked how many remaining cubicles will need to be furnished and quipped, "Where's Roy Floyd and his close-out business when we need him?"

At one time Mr. Floyd, the longtime mayor of Bonham, owned a large warehouse full of used office furniture that he sold at very reasonable prices. 

*****

Commissioners court discussed the HVAC and Chillers preventative maintenance contract and then passed on this particular agenda item for the seventh time.

Purchasing Agent Julie Criswell informed the court that the low bid so far is from Crow's Heat & Air out of Blue Ridge, Texas, followed by 5T out of Whitesboro, Texas.

Criswell and commissioners court will continue to research several qualified companies.

*****

Commissioners court voted to repair the Environmental Services truck due to safety concerns at a cost not to exceed $1,779.41, with funds for repairs to come from Contingency.

*****

Commissioners court approved the Fannin County Comprehensive Fund Balance Policy for Fiscal Year 2026. 

No changes were made from the previous year.

The county is required to keep 25% of its annual budget in reserve to mitigate extenuating circumstances.

*****

Commissioner court voted to approve the Fannin County Fraud, Waste and Abuse Policy for the 2025-2026 Fiscal Year.

No changes were made from the previous year.

*****

Commissioner court voted to approve the Fannin County Investment Policy for the 2025-2026 Fiscal Year.

This policy is mandated by the Public Funds investment Act.

*****

Commissioner court voted to approve a Resolution relating to an application for the 2026 Fannin County Indigent Defense Formula Grant Program.

The county expects to receive $36,512.00, while the program costs the county approximately $400,000 annually.

 *****

Commissioners court passed on an agenda item regarding an Interlocal Agreement with the City of Ladonia relating to law enforcement.

The City of Ladonia will have the option to take the car back, in whatever condition the car is in at the time, if they re-establish a certified police officer. 

*****

Commissioners court passed on an agenda item regarding Potential Change Order #021 for added storage areas for the county clerk and district clerk at the Justice Center at a cost of $263,271.00, which has been taken out of reserves and set aside to cover the maximum cost of the modification. Commissioner Waggoner believes the maximum cost can be reduced.

Walker addressed the court to say that he regrets to see the county "spend a fortune" in change orders that could have been prevented with better planning.

"We're going to be broke at the rate y'all are going," Walker told the court.

Cunningham tried to pivot and compare the two previous administrations' handling of the courthouse project with the Justice Center project that has been primarily under his watch.

Taxpayers were told the courthouse could be restored for $17 million when it ended up costing approximately $28 million, which is 64.71% over budget.

By comparison, taxpayers were originally told the Justice Center would cost $11 million, but that number may have ballooned to as much as $19.5 million, which would be 77.27% over budget.

The grand façade on the front of the Justice Center is costing taxpayers approximately $1 million.

In regard to the storage areas, District Clerk April Gibbs stated, "It's not something I want, it's something I have to have."

Fannin County Clerk Jenny Garner said the public should to be advised that some of the elements factored into the $263,271 for storage areas need to be cut or revised, which will reduce the cost.

Waggoner noted that storage areas are required to be climate-controlled, which will be costly, but necessary. 

*****

Commissioners court passed on an agenda item regarding steps or pass-throughs leading to judges’ benches at the Justice Center.

County resident Galen Bennett deplored the level of animosity that is evident in commissioners court at times and suggested that the behavior is below the dignity of this environment. Bennett said change orders can be expected on a project of this size. He pointed out that it would benefit the public if the court would explain the difference between the net impact of a project on the project's budget, versus the total cost of the project.

Walker contended that if department heads had more input earlier in the planning process for the Justice Center, the county would have fewer change orders to deal with now.

*****

Commissioners court voted to enter the Secondary Opioid Settlement of Purdue and Sackler and authorize County Judge to sign the Combined Subdivision Participation and Release Form; Alvogen, Inc., Amneal Pharmaceuticals Inc., Apotex Corp., Hikma Pharmaceuticals USA, Inc., Indivior Inc., Mylan, Sun Pharmaceutical Industries, Inc., and Zydus Pharmaceuticals (USA) Inc. 

*****

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, Walker asked why an entity he described as a sexually oriented business has been allowed to build a concrete bridge without obtaining the appropriate permits.

Walker complained that he has made the county judge and the county emergency management coordinator aware that the bridge was built in a flood plain, but no action has been taken.

"Talking to Troy Hudson, I was told that matter was resolved," Cunningham said, adding that he will research this complaint and report back to the court.  

In regard to ordinances, Deets said, "I don't think there is a soul here who knows what the ordinances really are. Do you, Judge, know what the ordinances are?"

"I know where to look them up," Cunningham answered. "They are on the county law library. They are also on the county webpage."

Deets said that he has done some research and the ordinance that requires a person to sign up before a meeting in order to address the court was approved while Randy Moore was the county judge.

"But as long as I was at Judge Carter's court and Judge Moore's court, we could raise our hand and speak," Deets stated.

Deets said that if a subject comes up in court that he disagrees with or believes warrants clarification, under the current rules, he may not be able to question the court's decision. Deets said that two weeks ago, some people who hadn't signed up were allowed to speak anyway, but he wasn't. 

Deets claimed that the judge said he didn't like him and that witnesses had overheard the remark.

Cunningham countered that he recalled saying that he didn't need to hear what Deets had to say on that particular issue.

Pct. 3 Commissioner Kurt Fogelberg offered something of a compromise and suggested, "I think, Rusty, he said that he didn't like what you had to say. I don't think it was anything personal, but what you had to say didn't mean anything to him."

"Its got to be the same for everyone," Deets stated, regarding who gets to speak and who doesn't. "You can't pick and choose."

"That's an open question, Rusty," Cunningham said. "If there are items we want people to provide us information on, we can ask them to speak even if they haven't signed up."

Deets said it looks like two sets of rules are being observed.

"I honestly think, Judge, that you have lost control," Deets remarked. "I really do. I've been through two former judges and I've never seen a problem that exists like we have now."

*****

In regard to construction (courthouse repairs and Justice Center) Walker said he attended the courthouse walk-through, where he had to listen to unlicensed hand-picked "experts" unfamiliar with NFPA standards, yet when Walker asked to speak, he was told he wasn't an expert. 

Walker questioned why Cunningham always looks to master electrician Robert Fleckenstein for advice about the courthouse issues, and pointed out that Fleckenstein had put in a bid to do electrical work at the Justice Center at about the same time.

Bennett thanked Waggoner for watching over the Justice Center project and said he applauds a quality Justice Center.

"Build it well, build it nice. We need something we can proud of," remarked Bennett.

***** 

In regards to Fannin County roads, water issues and risk assessments, Waggoner reiterated that TxDOT is putting up signs, but the state ordinances may require publication and public hearings.

*****

In regard to solar, wind, battery energy storage systems and the county fire marshal, Cunningham told the court that several residents have called the state to ask about the qualifications of the county fire marshal.

"Has your fire marshal been certified yet?" Walker asked. "Will the county face litigation because of action by an uncertified fire marshal? How many fire inspections has he done? Why are we paying a fire marshal who isn't certified?"

Michael Posey, a county resident who lives near the proposed site of a battery-energy storage system on Rec Road 3, noted that property #78404 is landlocked and asked who will pay for the road.

"I'm so concerned about having this battery-storage facility," Posey told the court. "It needs to be far removed from the water supply and residents."

Cunningham added that battery-storage facilities don't bring jobs, while creating a potentially dangerous situations, lowering property values and driving up electrical costs.

Cunningham contended that the battery plant near Savoy would already be operational if not for the county fire marshal.

A county resident called the county fire marshal "the first line of defense."

Walker said he is not against a fire marshal, but insists on a certified fire marshal.

*****

Executive session(s) and action if needed

Pursuant to Texas Government Code, Section 551.071, Fannin County Commissioners Court entered into Executive Session at 12:02 p.m. to consult with their attorney, and to discuss personnel issues.

Commissioners invited the fire marshal to attend.

*****

No action was taken in executive session.