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Petition for McCarty Removal

A major development in the court house. Late Tuesday evening, Liberty County Attorney Matthew Poston filed a petition with the Liberty County District Clerks office asking for the removal of Mike McCarty from his currently held office as Liberty County Commissioner Precinct 1.  The 42 page petition covers the recent trial in which Mike McCarty was found guilty of two charges of abuse of official capacity. The petition filed say’s and this is a quote “Mathew Poston in his official capacity as County Attorney for Liberty County, Texas acting pursuant to statute and on the relation of Matthew Poston, in his capacity as a citizen of Liberty County, Texas, and hereby files this original petition for removal seeking to remove Michael Charles McCarty, defendant from his public office as Pct 1 Commissioner for Liberty County Texas and additionally included a motion to suspend the defendant  from office and appoint a temporary replacement. “  The petition calls McCarty’s recent conviction factual grounds for removal quoting Texaslaw as saying criminal acts of abuse of official capacity are per se acts of “official misconduct” under the local government code. The petition as filed also addresses Commissioner McCarty’s roll in a lawsuit pending against the county.  According to state law, with certain specific exceptions, purchases of $50,000 or more made by the county must be bid out to give all providers a fair chance at being awarded a contract with the county.  Road building or repair materials often go above that amount and are thereby bid on by various companies that can provide those materials.  In early 2015, Commissioner McCarty ordered more than $70,000 worth of material from Martin Marietta Materials Southwest. The material, some 998 tons, cost $70,084.55.  According to the petition filed Tuesday by Poston, that order was one single product. However, again, according to the petition, McCarty represented the order as having a value of less than $26,500 which would avoid the bid process.  A requisition request was submitted to the county auditor’s office on March 23, 2015 for payment to Martin Marietta for the $26,000 for 800 tons of road materials.  Based on this, Auditor approves the purchase for the $26,000 in materials.  However, the actual order, submitted by Pct. 1 for payment to Martin Marietta Materials, was for just over $70,000 for of road materials.  State Law precludes payment for an amount of more than $50,000 that was not approved through the bid process.  Harold Seay, who was the County Auditor at the time, declined payment on that basis, and Martin Marietta has since filed a lawsuit for payment against the county. The petition requests the temporary suspension of Mike McCarty and the appointment of someone to perform the duties of Precinct 1 commissioner with that suspension becoming permanent should a court find in favor of the petition. Again, LibertyCountyAttorney Matthew Poston has filed a petition for the removal of Commissioner Pct. 1 Mike McCarty alleging incompetency and official misconduct. 

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