Editor's note: Fannin County's Zoom setup wasn't operating for part of this meeting, so the report will be truncated.
Fannin County, Texas -- After getting shut down in district court October 1, 2026, Fannin County Judge Newt Cunningham tried to take full advantage of his bully pulpit in Fannin County Commissioners Court on Tuesday, October 13 to dominate a discussion regarding the selection of a law firm that would best represent Fannin County in a series of countersuits brought about by what may have been politically motivated malicious prosecutions.
Cunningham threw a tantrum when commissioners pointed out that it wouldn't be appropriate for him to be involved in selecting a law firm to represent the county because Cunningham is one of the parties directly involved in the countersuits.
Even after appearing to spearhead the move that led to six indictments that were all dismissed for Lack of Probable Cause and created the ensuing fiasco that may eventually cost taxpayers dearly, Cunningham continues to demand that he should participate in discussions regarding the selection of a law firm to represent the county.
The three commissioners who aren't involved in the countersuits -- Pct. 1 Commissioner Troy Waggoner, Pct. 3 Commissioner Kurt Fogelberg and Pct. 4 Commissioner Doug Kopf -- all made it clear that Cunningham's help isn't really any "help" at this point.
Fannin County residents have also had their say by voting Cunningham out of office in the Republican primary March 3, 2026, but he doesn't vacate the office until January 1, 2027.
Commissioners court eventually voted unanimously to allow commissioners Fogelberg and Kopf to research law firms and report their findings to the court.
In a later discussion, when the court seemed to lean towards waiting until the Justice Center has finally been completed before holding a grand opening, Cunningham complained that people seem to want him out of office prior to the event.
"We can always invite you back....if you don't leave the country," quipped Fogelberg.
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In other business...
All five members of Fannin County Commissioners Court were present for a regular meeting held Tuesday, October 13, 2026.
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Routine items
Commissioners court approved payment of bills.
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Commissioners court approved minutes of previous meetings.
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Matt Brown of Allegiance Mobile Health presented the Emergency Medical Services Report for September 2026.
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Report of monies received by the Justice of the Peace Precinct 1 office in September 2026; $31,465.00.
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Report of monies received by the Justice of the Peace Precinct 2 office in September 2026; $19,469.10.
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Report of monies received by the Justice of the Peace Precinct 3 office in September 2026; $6,807.00.
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Report of monies received by the District Clerk office in September 2026; $20,976.90.
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Report of monies received by the County Clerk office in September 2026; All Courts, $22,255.57 and Land Records, $34,757.75.
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Fannin County Clerk Jenny Garner presented the year-end revenue report for FY2026.
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Garner also reported her office's continuing education hours and participation in the Texas Office of Court Administration review of National Instant Criminal Background Check Systems (NICS).
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Discussion only items
Garner gave the court an update regarding statewide voter registration issues.
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Commissioners court discussed moving the emergency management offices from the sheriff's office to the courthouse for easier public access.
Expect additional discussions on this subject.
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Commissioners court discussed concerns regarding a safety inspection of the Fannin County Justice Center performed by the Texas Association of Counties Risk Management and the County Risk Management.
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Fannin County Auditor Alicia Whipple also presented the Indigent Healthcare internal audit for September 2026.
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Discussion and possible action items
Commissioners court voted to go out for the HB3000 Rural Ambulance Grant through the State Comptroller for Fiscal Year 2027; application due date is October 31, 2026. This grant covers 100% of the purchase, with no match by the county.
The county previously acquired an ambulance through this grant and it was awarded to the City of Bonham, although it may be September 2027 before delivery.
Matt Brown of Allegiance Mobile Health suggested that this can fill a need for a frontline Ambulance for Allegiance.
"It will be the county's ambulance and we will lease it back from you and be responsible for maintenance," Brown stated.
Allegiance will also equip the ambulance upon delivery.
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By a 4-1 vote, commissioners court followed the recommendation of the Subdivision Committee and voted to approve changes to the Subdivision Regulations; definitions, plat checklist and Section 4.2.3, maximum number of lots that can be processed with a short plat and when drainage plans are required for short plats and re-plats.
Pct. 3 Commissioner Kurt Fogelberg cast the opposing vote.
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By another 4-1 vote, commissioners court voted to approve adoption of the updated Subdivision Regulations as of October 13, 2026.
Fogelberg cast the opposing vote.
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Commissioners court voted to approve a Preliminary Plat for Orduna 2, Phase 3 on CR 4875 in Leonard; 23 one plus acre lots on 30.92 acres, Property ID #R000080330.
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Commissioners court discussed the upcoming election and approval of additional election judges.
Garner explained that the alternates will only be used as replacements in case of an emergencies
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Commissioners court voted to approve an Order moving the Fannin County Sheriff’s Office postings, notices and citations to the bulletin board located on the first floor of the Courthouse,
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Commissioners court discussed the date for the grand opening of the Fannin County Justice Center.
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Commissioners court discussed employee badges and security at the Justice Center.
By a 4-1 vote, the court decided that employee badges will be issued and employees with badges won't be required to go through a security checkpoint, although anything they bring into the building must be screened.
The sheriff's office has volunteered to make the badges for only $1 per badge to cover the cost of materials.
Cunningham cast the opposing vote, saying there are "very logical reasons" why all employees need to go through security check.
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After a discussion regarding hiring an attorney to represent Fannin County during a series of countersuits resulting from indictments that were possibly secured under false pretenses, commissioners Fogelberg and Kopf will research law firms and report their findings to the court.
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Open discussion items
In regard to Fannin County roads, Pct. 1 Commissioner Troy Waggoner expresses appreciation to Gaylon Gibbs and Hudson Tree Farms for their assistance on county roads.
Executive session(s) and action if needed
Pursuant to Texas Government Code, Section 551.071, Fannin County Commissioners Court entered into executive session at 11:00 a.m. to consult with their attorney regarding American Tower discussions, and to discuss personnel issues.
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Commissioners court reconvened in regular open session at 11:33 to announce no action was taken in executive session.
Commissioners court adjourned at 11:35 a.m.
