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Saturday, December 17, 2011

Sheriff Cutler misleads, commissioners caught napping


We asked Sheriff Hamilton about Cutler’s representation to commissioners’ court of the inmate food cost only Agreement, and Hamilton characterized it as, “definitely misinformation.”

Send your comments and news tips to roundup.editor@gmail.com, to O'Dell at codell@austin.rr.com, to Sheriff Cutler at gary.cutler@co.hays.tx.us, 512.393.7808, or click on the "comments" at the bottom of the story

By Charles O'Dell

Contributing Editor

Sheriff Cutler / Statesman photo
Hays County Sheriff Gary Cutler caught Commissioners’ Court napping during its December 6, 2011, meeting when the court voted unanimously to approve an inmate housing agreement with the Travis County Sheriff Office (TCSO).

Cutler misled the court when he told them, “It costs $50 per day per inmate to house Hays County inmates in a Seguin inmate facility, but that he (Cutler) had worked out a deal with Travis County Sheriff, Greg Hamilton, to house Hays County inmates for just the cost of inmate meals in emergency situations.

When asked for an estimate of daily inmate food costs, Cutler responded that meals would cost his Department between $4.00 and $5.00 per day per Hays County inmate housed in the Travis County Jail.

We asked Sheriff Hamilton about Cutler’s representation to commissioners’ court of the inmate food cost only Agreement, and Hamilton characterized it as, “definitely misinformation.”

A copy of the Agreement included in December 6th commissioner’s court backup materials clearly states that, “…TCSO may request financial reimbursement for any supplies, equipment, services, materials, and all other expenditures identified as related to the emergency or exercise.”

Cutler also emphasized to the court that the Agreement was to be exercised only in emergency cases. Cutler gave an example of emergency as the jail A/C malfunctioning in the middle of summer. County Judge Bert Cobb cautioned Cutler to define “emergency conditions” carefully and sparingly. “One man’s emergency is another man’s opportunity,” Cobb told Cutler.

The agenda item was sponsored by Cobb/Cutler, and court backup material contained an Agenda Item Request Form along with a Draft version of the proposed Memorandum of Agreement.

The Agenda Item Request Form clearly states that, “This agreement would allow TCSO and HCSO, in times of emergency conditions or for purpose of practice exercises, to evacuate inmates to each other’s facilities.”

The Agreement also includes language clearly identifying, “practice exercises,” as well as emergency conditions. Court members apparently relied on Sheriff Cutler to accurately represent the Agreement to them and skipped reading it for themselves.

We tried to obtain a statement from Sheriff Cutler about his misrepresentation of the Agreement to commissioners’ court, and of Sheriff Hamilton’s, “definitely misinformation” characterization, but Cutler didn’t return our telephone call.

Some may find it ironic that an inmate in our Hays County jail can be charged with perjury if he/she makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code, but our Hays County Sheriff can, with intent to deceive and with knowledge of the statement’s meaning, makes a false statement to commissioners’ court and not be charged with perjury under Texas Penal Code, §37.02, that he swore to uphold.

Our Sheriff has apparently taken his cue from our county prosecutor who protects elected officials when they break our laws, refuses to prosecute an individual who lied under oath about his military record, and protects a county employee who ambushed a young Hispanic man and shot him dead.

18 comments:

Anonymous said...

As a Republican, I have lost all faith in out current sheriff...he needs to go and I am supporting Tommy Ratliff to replace him...The only problem...Cutler needs to be fired by the people NOW....

Chuck Pace, Mountain City

Anonymous said...

There's a perfect explanation for the misrepresentation. Page worked out the details and THE SHERIFF has NO CLUE what his right hand man is doing to his agency!

Anonymous said...

So, now what does the Commissioners Court do next? I would expect the agreement to be on the next Commissioners Court meeting addressing the real costs, Cutler's apparent misleading testimony, etc. Anyone want to lay odds on that happening?

Anonymous said...

Is there any good reason, other than illiteracy, that Conley doesn't read and ask the right questions on every agenda item?

Anonymous said...

Sweepin' up over by the cigarette machine....

Anonymous said...

Interesting story. It seems to blur the line between a news story and editorial though.

Anonymous said...

FINALLY, SOMEONE CAUGHT THE DISHONESTY OF MR.CUTLER ....HE IS JUST PAGES PUPPET..

Anonymous said...

Well sheriff Cutler what else have you lied about? Lie to the Commisioners Court and County Judge. This is a matter that needs to be taken care of immediately. The Sheriff is supposed to uphold the law. Obviously Sheriff Cutler didn't hear that part when he was sworn into office! Im sure he will have some kind of excuse or try to blame it on Mr Page. Well let see folks The DA Sherri Tibbe has been given 2 reports on Official Oppression on Sheriff Cutler. I wonder what the chances are she will do anything about this since it is perjury? Sounds to me we as the citizens need to get rid of this DIRT BAG for good. Sheriff Cutler should be charged and proven guilt since the evidence is on video as he did lie in Commisioners Court.

Anonymous said...

If you read the Texas Peanal Code Section 37.03, he can be charged with aggravated perjury. Which happens to be a 3rd degree FELONY!

Anonymous said...

When one of these emergencies takes place, I hope the auditor will keep track of the real costs. There is a lot that needs to be looked into. Ya know, I believe Mr. Jamie lives somewhere in Williamson County, so he burns a tank of tax payer gas per day just going to and from "work". Everyone needs to notice the parking lots of all the gyms around town. There is ususally at least two HCSO cars parked there. On cold days the motors are running, waiting for the deputy to finish his workout. This has been going on for a year. Every deputy has his own personal patrol car. Why cant they park it at the end of a shift and let the next shift officer take it---driving their own vehicle to and from "work". Of course we know that Commissioners court is afraid of the fraternal order of police voting power, so there wont be anything done no matter how much mismanagement and corruption is found,

watching and waiting said...

Cops go work out and leave their patrol cars running in the parking lot?

This would make an excellent video.

Please include the officer working out.

And exhaust coming out of the tailpipe.

This is one of those times when a citizen video could be a real game-changer.

Anonymous said...

hay, i confronted one of the cops about it and got a really cold reaction----SWAT teams are allowed to workout as part of their daily duties. from the looks of the gut on this guy i doubt he is on the swat team, but anyhow his reaction was very intimadating. im gonna leave it alone. id rather the whole admin of the s office be looked into, especially the cost of housing prisoners and the need for additional space as I understand is being considered. otherwise, keep an eye out at the anytime fitness in buda--swat arrives frequently--haha

Anonymous said...

It seems Mr. Cutler is not the fiscal CONSERVATIVE he claimed to be in the last election. There is a 1 million dollar added Airport type security to the new Government building ala, THE RIGHT HAND MAN. Someone needs to ask the current Sheriff if he really is Pro-Constitution, Pro 2nd Amendment. I voted Cutler in the last election, I will seriously be looking at his opponent in the next.

Anonymous said...

I know for a fact the Sheriff Hamilton didn't make any of these statements. This is another dream up story from the Cutler haters. Cutlet has saved one million in tax payer dollars by bring inmates back from other counties and restoring the jail to standards, something Ratliff could never do. This agreement is for emergency and repair situations and cost us nothing unless we move inmates. This just give us the place to go if needed and we will probably never need it.

If you are looking at the candidates looking into Ratliff's $40k truck that he purchased with county money. Look at what Cutler drives...a Jeep Cheerokee that Ratliff purchased when he was sheriff. Look into Ratliff's handling of staff and his plans to fire numerous veterans cause they didn't support him or the multiple lawsuits that he got the county involved in by hiring felons to run his investigations unit. Just look at his past in general...personnel and professional.

Just go look a the jail and other buildings it is the best that they have looked in 20 years. I'm sorry so people had to work assignments guarding inmates who were doin to work cause everyone did it from the sheriff down.

You want a sheriff that cares about his community and his people....it's Cutler.

Anonymous said...

Cutlet! I'm stealing that one.

Charles O'Dell said...

"I know for a fact the Sheriff Hamilton didn't make any of these statements."

The only statement attributed to Sheriff Hamilton in this report is documented in the Sheriff's email response to our open records request.

Want to see a copy of the email?

Anonymous said...

Hmmm Mr. Cutlet supporter. What other things "You know for a FACT" which can be PROVED otherwise? Your creditablity has already been compromised. NEXT!

Cockadoodle said...

The commissioners court pulls this kind of ruse on us tax payers repeatedly, which reminds of the old saying, 'Fool me once shame on you' ... but I won't quote George Dubya for the punchline, I'm sure you get the picture.