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Group requests legal action against McDougal
By Lucretia Fernandez
A group of Montgomery County residents is calling for legal proceedings against District Attorney Michael McDougal, who they say abused the public trust by making questionable expenditures from the asset forfeiture funds.
But the issue has been looked into, according to County Attorney David Walker, and he does not intend to initiate proceedings against McDougal, he said.
McDougal came under scrutiny for the use of forfeiture funds when he was running for reelection in March. He lost the Republican nomination in an April runoff to attorney Brett Ligon. Even though the debate over the forfeiture expenditures arguably cost McDougal the election, some voters still believe legal action is necessary.
Oak Ridge North resident Richard McDuffee wrote a letter July 23 to County Attorney David Walker, requesting Walker take action against McDougal. According to Section 41.009 of the Texas Government Code, the letter states, if the county or district attorney learns that the district or county attorney is neglecting or abusing the funds put in his trust, the “district or county attorney shall institute the proceedings that are necessary to compel the performance of the officer’s duties and to preserve and protect the public interest.”
“We have to abide by the law and so should he,” McDuffee said about McDougal.
In his letter, McDuffee describes the incidents he believes are in violation of the law. The first is a one-time purchase of kegs of beer and supplies for margaritas, which McDougal has said was accidently paid out of the forfeiture account.
McDuffee also takes issue in his letter with the “$100 employee birthday checks and other salary increases.” McDougal has said such expenditures were given because employees are underpaid, adding some money went to employees toward food and clothing for crime victims. McDuffee also believes McDougal violated state law by donating forfeiture funds to local charities. McDougal has said he is proud to have the money go to such organizations.
McDougal would not comment for the article.
McDuffee wants an investigation regardless of the outcome, he said.
Walker said he looked into the issue prior to the Senatorial Criminal Justice Committee’s June meeting to discuss the regulation of forfeiture spending in Texas. When Walker received McDuffee’s letter, he reviewed the issue a second time, he said.
He’s concluded that a lawsuit is not an efficient utilization of public funds. The only suit he could bring forth would be a civil suit, he said, and he assumes McDuffee is seeking money to be returned from employees and charities to the asset forfeiture account.
The chances of winning a case are slim, he said.
“The individuals that have expressed these concerns have the luxury of concluding that what Mr. McDougal did was wrong and they have the luxury to conclude the same proceedings could successfully solve the issues,” Walker said.
One issue complicating such a lawsuit is that the law states the district attorney office forfeitures are to be used for “official purposes.”
The law, however, doesn’t define what meets the criteria of an official purpose.
McDuffee and Jim Jenkins, who said they are two of more than 50 county voters adamantly seeking prosecution of McDougal, say the least Walker can do is seek the assistance of the Texas Attorney General.
Asking the Attorney General’s Office to get involved would be “passing the buck,” Walker said, and he has already looked into the civil issue. He doesn’t believe he has the authority to request a criminal investigation, adding that if a criminal lawsuit is needed, a district court judge could appoint an interim district attorney to handle the case and work with the Attorney General’s Office.
Jenkins said Walker is trying to protect McDougal because they are acquaintances. He reiterated McDuffee’s stance that the law requires Walker to do something about the questionable expenditures.
Tom Kelly, a spokesman with the Attorney General’s Office, said a county attorney can request the Attorney General’s help in a criminal manner.
Requesting the Attorney General’s assistance would avoid any appearance of “politics as usual,” said Ligon, who doesn’t face an opponent in the November election for district attorney.
“I have not taken office and have no statutory or legal authority so it is too early for me to dictate the direction of this investigation; however, it appears that the AG’s Office may very well need to be the ultimate decision maker,” Ligon wrote in an e-mail to The Courier.
But the issue has been looked into, according to County Attorney David Walker, and he does not intend to initiate proceedings against McDougal, he said.
McDougal came under scrutiny for the use of forfeiture funds when he was running for reelection in March. He lost the Republican nomination in an April runoff to attorney Brett Ligon. Even though the debate over the forfeiture expenditures arguably cost McDougal the election, some voters still believe legal action is necessary.
Oak Ridge North resident Richard McDuffee wrote a letter July 23 to County Attorney David Walker, requesting Walker take action against McDougal. According to Section 41.009 of the Texas Government Code, the letter states, if the county or district attorney learns that the district or county attorney is neglecting or abusing the funds put in his trust, the “district or county attorney shall institute the proceedings that are necessary to compel the performance of the officer’s duties and to preserve and protect the public interest.”
“We have to abide by the law and so should he,” McDuffee said about McDougal.
In his letter, McDuffee describes the incidents he believes are in violation of the law. The first is a one-time purchase of kegs of beer and supplies for margaritas, which McDougal has said was accidently paid out of the forfeiture account.
McDuffee also takes issue in his letter with the “$100 employee birthday checks and other salary increases.” McDougal has said such expenditures were given because employees are underpaid, adding some money went to employees toward food and clothing for crime victims. McDuffee also believes McDougal violated state law by donating forfeiture funds to local charities. McDougal has said he is proud to have the money go to such organizations.
McDougal would not comment for the article.
McDuffee wants an investigation regardless of the outcome, he said.
Walker said he looked into the issue prior to the Senatorial Criminal Justice Committee’s June meeting to discuss the regulation of forfeiture spending in Texas. When Walker received McDuffee’s letter, he reviewed the issue a second time, he said.
He’s concluded that a lawsuit is not an efficient utilization of public funds. The only suit he could bring forth would be a civil suit, he said, and he assumes McDuffee is seeking money to be returned from employees and charities to the asset forfeiture account.
The chances of winning a case are slim, he said.
“The individuals that have expressed these concerns have the luxury of concluding that what Mr. McDougal did was wrong and they have the luxury to conclude the same proceedings could successfully solve the issues,” Walker said.
One issue complicating such a lawsuit is that the law states the district attorney office forfeitures are to be used for “official purposes.”
The law, however, doesn’t define what meets the criteria of an official purpose.
McDuffee and Jim Jenkins, who said they are two of more than 50 county voters adamantly seeking prosecution of McDougal, say the least Walker can do is seek the assistance of the Texas Attorney General.
Asking the Attorney General’s Office to get involved would be “passing the buck,” Walker said, and he has already looked into the civil issue. He doesn’t believe he has the authority to request a criminal investigation, adding that if a criminal lawsuit is needed, a district court judge could appoint an interim district attorney to handle the case and work with the Attorney General’s Office.
Jenkins said Walker is trying to protect McDougal because they are acquaintances. He reiterated McDuffee’s stance that the law requires Walker to do something about the questionable expenditures.
Tom Kelly, a spokesman with the Attorney General’s Office, said a county attorney can request the Attorney General’s help in a criminal manner.
Requesting the Attorney General’s assistance would avoid any appearance of “politics as usual,” said Ligon, who doesn’t face an opponent in the November election for district attorney.
“I have not taken office and have no statutory or legal authority so it is too early for me to dictate the direction of this investigation; however, it appears that the AG’s Office may very well need to be the ultimate decision maker,” Ligon wrote in an e-mail to The Courier.
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Reader Comments
fredbirch1 wrote on Aug 17, 2008 9:05 AM:
" Yes mhirvela, great minds do discuss ideas.
Like the idea that McDougal should not be allowed to spend OUR government funds on booze for his own little party. Like the idea that McDougal is prosecuting other people for theft at the same time he is stealing OUR public funds. Like the idea that McDougal gives away OUR public fund money to "charities" that he just happens to be on the board of and needs to buy friends. Like the idea that McDougal uses OUR stolen public fund money to distribute campaign literature before the election with his own name printed on it. McDougal's actions are part of the reason that Montgomery County, Texas has a reputation internationally for law enforcement corruption. "
Like the idea that McDougal should not be allowed to spend OUR government funds on booze for his own little party. Like the idea that McDougal is prosecuting other people for theft at the same time he is stealing OUR public funds. Like the idea that McDougal gives away OUR public fund money to "charities" that he just happens to be on the board of and needs to buy friends. Like the idea that McDougal uses OUR stolen public fund money to distribute campaign literature before the election with his own name printed on it. McDougal's actions are part of the reason that Montgomery County, Texas has a reputation internationally for law enforcement corruption. "
mdonn wrote on Aug 17, 2008 10:21 AM:
" Do you really expect the closet to prosecute skeleton?
I seriously doubt that very many of our elected officials have empty closets. I belive Walker has had or will be discussing some of his stff with the Texas Ethics Commission.
like this paragraph
--------------------------------------------------------------------------------
http://www.chron.com/disp/story.mpl/ap/tx/5947851.html
"If you're paying a fine with someone else's money, there is no personal accountability," Ross Fischer, an ethics commissioner in charge of drafting recommendations to the Legislature, said in a story in Saturday's Austin American-Statesman. "When I talk to the public, that offends them more than anything."
__________________
"All that is necessary for the triumph of evil is that good men do nothing." (Edmund Burke)
"The war is over for me now, but it will always be there, the rest of my days."
http://bustcorruptionthewoodlands.blogspot.com/ "
I seriously doubt that very many of our elected officials have empty closets. I belive Walker has had or will be discussing some of his stff with the Texas Ethics Commission.
like this paragraph
--------------------------------------------------------------------------------
http://www.chron.com/disp/story.mpl/ap/tx/5947851.html
"If you're paying a fine with someone else's money, there is no personal accountability," Ross Fischer, an ethics commissioner in charge of drafting recommendations to the Legislature, said in a story in Saturday's Austin American-Statesman. "When I talk to the public, that offends them more than anything."
__________________
"All that is necessary for the triumph of evil is that good men do nothing." (Edmund Burke)
"The war is over for me now, but it will always be there, the rest of my days."
http://bustcorruptionthewoodlands.blogspot.com/ "
nicoleshelby wrote on Aug 17, 2008 10:27 AM:
" Mhirvela,
I mean no disrespect, but I do not agree with you!
Nobody is above the law. That is what is wrong with America! I loved Eleanor Roosevelt, but with the utmost respect, I don't see how this quote applies here from the previous comment. Ideas are only as "good" as the person or person(s) we intrust to uphold them. I think this quote is being used out of its original context. Obama does that.
Eleanor Roosevelt also said, " Justice cannot be for one side alone, but must be for both."
If we cannot respect those we place in power, how do we respect ourselves? "
I mean no disrespect, but I do not agree with you!
Nobody is above the law. That is what is wrong with America! I loved Eleanor Roosevelt, but with the utmost respect, I don't see how this quote applies here from the previous comment. Ideas are only as "good" as the person or person(s) we intrust to uphold them. I think this quote is being used out of its original context. Obama does that.
Eleanor Roosevelt also said, " Justice cannot be for one side alone, but must be for both."
If we cannot respect those we place in power, how do we respect ourselves? "
paulttx wrote on Aug 17, 2008 11:00 AM:
" Why is there such hate. I suspect that there must be other objectives to all of this.
It seems Mr. McDougal was helping his employees who would then do better for work us.
Charities are fine too.
Mistakes can be made. Heck, in this day an age of computers, mistakes are made more then before.
NOW: Lets look at the cost of the legal procedures to investigate and prosecute this case. I think we end up LOSING money in the long run.
Lets find more important things to look at. "
It seems Mr. McDougal was helping his employees who would then do better for work us.
Charities are fine too.
Mistakes can be made. Heck, in this day an age of computers, mistakes are made more then before.
NOW: Lets look at the cost of the legal procedures to investigate and prosecute this case. I think we end up LOSING money in the long run.
Lets find more important things to look at. "
mdonn wrote on Aug 17, 2008 11:04 AM:
" It's not hate, it is the law.
So tell us where you draw the line on criminal acts. "
So tell us where you draw the line on criminal acts. "
Gene Strong wrote on Aug 17, 2008 11:59 PM:
" These funds are government funds only in the sense that they now
belong to the government who has stolen them from the citizens.
"Asset Forfeiture" has corrupted law enforcement and seriously
damaged public trust....And rightfully so.... "
belong to the government who has stolen them from the citizens.
"Asset Forfeiture" has corrupted law enforcement and seriously
damaged public trust....And rightfully so.... "
thunder2 wrote on Aug 19, 2008 8:49 AM:
" " Montgomery County Politics as usual. Looks like this is always a case of Chinese menu item #14 "Happy Family"
.
If one reads the law as it is written and stated in plain English, all of the twisting and "see no evil" is out the window and should be up to a jury to decide, that is not tainted (outside and away from Montgomery County). If one looks at the facts that only the Commissioners Court can vote, set and pay County Workers, and that is what is in the law, then that is the way it is, none of this BS that tipping a $100.00 birthday check and wining that anyone is underpaid does not fly. If it were true, then it should have gone through the proper procedures and reported on the W-2 form.... is was not.
.
If you look at all of the other illegal payouts, and political favors paid for with the Forfeiture (publics) funds, then there are clear and unquestionable violations here. Loosing a primary election does not absolve anyone of anything PERIOD.
.
If the County Attorney does not have the inclination to follow the law and uphold it, then he/she needs to resign and let someone else take over. MR. WALKER: Either do your job or leave NOW.
.
I and a lot of other have had enough of the muck and collusion garbage crammed down our throats here in Montgomery County for decades, Republican, Democrat and whatever. The Garbage Truck is coming around to collect. With the dozens of illegal campaign contributions and actions that have taken place, the Governor needs to take a hard look at seriously appointing an emergency receiver for Montgomery County elected officials, as their campaign reports clearly, under the penalty of perjury, admit to accepting Corporate donations, making payments to other than public entities with government funds and to top that off...... it will probably be discovered that a new one will pop up tomorrow.
.
We have all Constables showing Corporate campaign contributions, We have the New Caney ISD in deep chaos, we have the Magnolia Fire Department so deep, that it may never be straightened out, and dozens of other political organizations throughout the County in the same boat.
.
Perhaps it is time that we take a strong look at MUD districts, Hospital, School, College, Fire, City, Constable, Sheriff and all other elected and appointed public entities in Montgomery County and systematically examine all of their actions, one by one....... We may find it like a hot dog factory, but at least we will know what, where and how our tax dollars and quality of life is derived and spent. Maybe there might be the need for constructive change! " "
.
If one reads the law as it is written and stated in plain English, all of the twisting and "see no evil" is out the window and should be up to a jury to decide, that is not tainted (outside and away from Montgomery County). If one looks at the facts that only the Commissioners Court can vote, set and pay County Workers, and that is what is in the law, then that is the way it is, none of this BS that tipping a $100.00 birthday check and wining that anyone is underpaid does not fly. If it were true, then it should have gone through the proper procedures and reported on the W-2 form.... is was not.
.
If you look at all of the other illegal payouts, and political favors paid for with the Forfeiture (publics) funds, then there are clear and unquestionable violations here. Loosing a primary election does not absolve anyone of anything PERIOD.
.
If the County Attorney does not have the inclination to follow the law and uphold it, then he/she needs to resign and let someone else take over. MR. WALKER: Either do your job or leave NOW.
.
I and a lot of other have had enough of the muck and collusion garbage crammed down our throats here in Montgomery County for decades, Republican, Democrat and whatever. The Garbage Truck is coming around to collect. With the dozens of illegal campaign contributions and actions that have taken place, the Governor needs to take a hard look at seriously appointing an emergency receiver for Montgomery County elected officials, as their campaign reports clearly, under the penalty of perjury, admit to accepting Corporate donations, making payments to other than public entities with government funds and to top that off...... it will probably be discovered that a new one will pop up tomorrow.
.
We have all Constables showing Corporate campaign contributions, We have the New Caney ISD in deep chaos, we have the Magnolia Fire Department so deep, that it may never be straightened out, and dozens of other political organizations throughout the County in the same boat.
.
Perhaps it is time that we take a strong look at MUD districts, Hospital, School, College, Fire, City, Constable, Sheriff and all other elected and appointed public entities in Montgomery County and systematically examine all of their actions, one by one....... We may find it like a hot dog factory, but at least we will know what, where and how our tax dollars and quality of life is derived and spent. Maybe there might be the need for constructive change! " "
mhirvela wrote on Aug 17, 2008 8:47 AM: