Commissioners nix personal vehicle coverage

The ongoing debate over whether or not Gonzales County should pay liability insurance on a car the county doesn’t even own was settled Monday morning … but not without a great deal of scrutiny and elaborate discussion by county commissioners.

The answer was no.

During the Oct. 10 commissioners court meeting, Sheriff Glen Sachtleben proposed an idea to bring on a reserve deputy with Gonzales County who has invested his own money in using his personal vehicle for work. The question was, should Gonzales County pay the vehicle’s insurance when the officer is “on the job,” even if he is not technically a paid employee with the county?

The painstaking discussion included commissioners Donnie Brzozowski and Bud Wuest opposing the idea that the county should pay someone’s insurance if they’re not a full-time employee and it’s not a county vehicle. Sachtleben’s argument was that Gonzales County would only be responsible for the insurance while the deputy was on the clock.

Monday’s discussion began with Brzozowski making a motion to not pay the insurance on the vehicle, take all the county’s equipment out of the car, and that if the deputy wanted to work, put him in a county car.

But commissioner Kevin LaFleur wanted to know a little more.

“Out of fairness to Glen, where did we end up with TAC (Texas Association of Counties)?”

“Some of the questions (for TAC) were legal questions, and some were fact questions,” County Judge David Bird said. “The fact questions have not been answered yet. Paul (Watkins, County Attorney) has looked at some of the legal questions.”

“I think the general rule would be that it’s not a misappropriation if you can articulate a reasonable benefit to the county,” Watkins said. “And the general answer to the fact questions is if no, then how are other counties dealing with this kind of issue? They are probably articulating that it is a benefit to the county. This is not an issue of ‘yes you can or no you can’t,’ but that you must show how it would benefit the county.”

Brzozowski said the state attorney general doesn’t agree.

“I talked to the AG also,” Brzozowski said. “They wanted to know if the rest of the deputies are getting their insurance paid, and getting radios and equipment in their personal vehicles as well. But the main thing they told me was we could end up in district court over misappropriation of funds.”

“It makes the most sense that we put him in a county car,” commissioner Bud Wuest said.

But Sachtleben had some insight as well.

“The AG’s office will also tell you that this court cannot tell me what I can do with my equipment,” he said. “If I want to put a radio in his car, then I can.”

“You’re probably right about that,” Brzozowski said. “But come budget time, the commissioners decide where the money goes.”

“What it all comes down to is that we’re going to be liable,” Brzozowski added. “Whether Christopher Columbus or whoever else is driving that car takes the money, it’s still going to be on our policy.”

“The commissioners do get to approve what is put on the policy,” added County Auditor Becky Weston. “When something is added or changed, it has to come before the commissioners court.”

“I don’t know why it’s such a big deal that we can’t just put him in a county car,” Brzozowski said. “We’re already paying insurance on our cars, so why pay for his?”

“I don’t want to put my dog in this fight,” said constable Raleigh Measom, “but you can’t tell me or the sheriff what we do with our equipment. You need to change your motion.”

Brzozowski eliminated the equipment part of his motion, and it passed unanimously.

The amended motion specifically states the county will not pay for liability insurance on the reserve deputy in question’s personal vehicle. It also states that when the deputy is patrolling for the county, he is to use a county vehicle exclusively.