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Local 2 Investigates Gift To Sheriff's Office

By Robert Arnold

POSTED: Saturday, January 31, 2009
UPDATED: 1:24 pm CST January 31, 2009

Fort Bend County officials are researching whether a massive donation to the sheriff’s department was handled legally, KPRC Local 2 Investigates reported Friday.

Sheriff Milton Wright told Local 2 Investigates that 220 of his deputies and investigators were each given a $1,000 cashier's check on Thursday afternoon. Wright said the money came from an anonymous donor who wanted to thank the department for its hard work and professionalism. Wright said he knows the name of the donor but would not divulge it to anyone.

The gift has raised eyebrows among county officials who say they were not notified of the donation before the checks were handed out.

“Normally any gift must be approved by Commissioners Court,” County Judge Robert Hebert said. “This is a complex legal matter, so I’ve asked the county attorney to investigate.”

Fort Bend County Attorney Roy Cordes Jr. also said he was never notified of the donation beforehand, but is now researching the matter.

“I’ve been here three years and never heard of anything like this happening,” said Cordes.

In 2007 the Texas Attorney General issued an opinion on an almost identical situation. That case involved the district attorney in Cooke County. The Attorney General was asked whether it was permissible for the district attorney to accept donations, which in turn would be handed out to employees. The attorney general’s ruling read in part, “District attorneys generally are not authorized to accept funds donated to compensate their employees. A commissioners court is authorized to accept such donations, and a commissioners court’s acceptance of such donations is necessary before the funds may by used to compensate a district attorney’s employees.”

The Texas Penal Code also prohibits public servants from accepting gifts and honorariums.

“The way I read these penal code provisions, unless I missed something, there is no exception for good intentions, anonymous donors or the fact that my cops are hard working guys,” Local 2 legal analyst Brian Wice said.

Fort Bend County District Attorney John Healey Jr. told Local 2 he was also not notified of the gift before the money was distributed.

“This is definitely on our radar screen to check out,” said Healey.

Wright said he doesn’t understand the controversy.

“It was just a gift. My people don’t know the identity of the donor so there’s no conflict. Our attorney said it was OK,“ said Wright.
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