The discussions started after Nueces County's HR director was accused of knowing the former deputy medical examiner was not licensed by the state while performing autopsies
In the wake of a months-long criminal probe into the medical examiner's office, Nueces County leaders are planning to reassess the county's employment policies and hiring practices, including the role of the human resources office and whether to require criminal background checks for key positions.
On April 19, the Commissioners Court met in a specially called meeting to discuss an array of issues about the medical examiner's office, including the arrest and resignation of the former chief medical examiner, the appointment of an interim chief medical examiner and allegations against the county's human resources director.
Conducted by the district attorney's office and the Texas Rangers, the investigation into the office has resulted in three arrests: Dr. Adel Shaker, the former chief medical examiner; Dr. Sandra Lyden, Shaker's former deputy chief; and an office administrator.
The majority of the charges they face hinge on whether Lyden — who is accused of lying on her application to the Texas Medical Board about her criminal history when seeking a license — was licensed by the state to practice medicine, according to affidavits sworn by investigators.
The investigating Ranger named Human Resources Director Julie Guerra and the office administrator in an arrest warrant affidavit for Shaker obtained by the Caller-Times. In it, he accused them of knowing Lyden was not licensed.
The Ranger contends Guerra knew the former deputy chief medical examiner was not licensed because Lyden was hired and employed for 40 days — conducting autopsies on 15 of those days — with no medical license on file at the medical examiner's office or human resources department, according to the affidavit.
That accusation against Guerra sparked discussion among commissioners about the county's employment policy and hiring practices, resulting in commissioners directing department heads to come forward with suggestions to change the policy within 60 days in a unanimous vote.
"There are just some protocols I think have been lacking," County Judge Barbara Canales said before commissioners voted on April 19. "We need to create some stronger procedures (and) some more important due process notices when people do find themselves in a moment where there is innuendo or affidavits that are clearly not admissible nor are they anything but hearsay. How do we go about fixing that? We typically go to employee policies, but we don't have it."
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Canales said the policies have come a long way since she assumed office, though she was not surprised when it did not account for the situation with Guerra.
"It was from the dark ages," she told the Caller-Times on Monday, referring to the policy. "If you write a good policy, every employee here would have an understanding of what their rights are."
The county judge and the court, Canales said, have been working on improving the human resources department since she was elected in 2018, including raising salaries, improving insurance benefits, implementing a student loan program and offering more services to employees.
In the April meeting's public comment period, multiple elected officials and department heads spoke in support of Guerra, saying responsibility during the hiring process is on the respective department heads — not the human resources director.
"(The human resources department) does a significant amount of recruiting for us and they give us a list of applicants as a result of that recruiting effort," Sheriff J. C. Hooper told commissioners on July 19. "It is ultimately my responsibility to hire somebody. It is my responsibility to see that the person I hired is qualified. It is my responsibility to see that the person I hire has the certification and accreditation that is required for the position I put them in."
More:Affidavit: ME office administrator lied about whether former chief deputy was licensed
Shaker hired Lyden, and her first day was on Dec. 6. Shaker fired her the following month on Jan. 14, according to records obtained by the Caller-Times through an open records request.
Guerra's attorney, Stephen Byrne, also spoke during the public comment period of the meeting, saying the arrest of Shaker and the hiring of Lyden indicate the human resources department needs to undergo change. Byrne declined to comment on the situation on Monday.
"One thing is clear: Nueces County got scammed," Byrne said before the court on April 19. "For as much as we think we are invincible to scams, it happens to the best of us. That is what happened here, and that does not mean Julie Guerra needs to pay the consequences for others."
Guerra is well suited, he said, to assist with improvements to the county's policies.
Background checks
Canales voiced support for making criminal background checks mandatory for certain positions during the April 19 meeting.
While the human resources department requests criminal background checks for some employees, Canales told the Caller-Times on Monday that the county's written policy does not explicitly require them.
Much of the onus during the hiring process is on the department heads. That, Canales said, has made the process of performing background checks vary from department to department.
"It just needs to be a little more consistent and uniform," she said.
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Emails obtained by the Caller-Times via an open records request show the Nueces County Sheriff's Office appears to have performed a criminal background check for Lyden at the request of human resources in November, the month before she was hired.
In the email, Chief Deputy of Administration Daniel Perez wrote that the background search of Lyden yielded two charges from a 2016 arrest where one was not processed and the other was listed as resulting in "No action," according to the email.
"In these types of situations, we ask the applicant to provide some information or disposition to explain the arrest in order to proceed with the application process," Perez wrote to the human resources employee. "This does not necessarily disqualify the applicant, but places the burden on them to provide proof of employability."
In a March arrest warrant affidavit for Lyden, the investigating Ranger wrote she was arrested and convicted of two criminal offenses involving the abuse of prescription medication in Florida in the last five years.
Questions about fire marshal
Questions from commissioners about whether the county's fire marshal, Jose Olivares, has certain certifications to perform inspections and investigate fires have also spotlighted Guerra.
State records requested by the Caller-Times show Olivares, who had no fire inspection or firefighting experience prior to being hired, has not earned those certifications.
Precinct 4 commissioner Brent Chesney said Guerra should face disciplinary action as a result of the fire marshal not earning those certifications within six months of being hired, a timeline outlined in the job description for the position.
In an interview about the fire marshal, Chesney told KRIS 6 News that Guerra has to take responsibility, along with Canales, as Olivares has reported to the county judge for the past year and a half.
More:Nueces County fire marshal lacks certifications to perform inspections, investigate fires
With Olivares reporting to the county judge through the office of emergency management, Canales said the response to the COVID-19 pandemic — specifically the vaccine rollout — made it impossible for Olivares to obtain those certifications online.
"We were in the middle of a huge, once-in-a-100-year event with the pandemic, and that was not the priority," Canales said, referring to the certifications. She added that Olivares is currently working toward getting the needed certifications. "If (the court) would allow the investment to continue until the summer, we'll know for sure if we have the right guy."
HR director's future unclear
Chesney on Monday declined to discuss possible action against Guerra in an email to the Caller-Times, saying, "I can not comment much on the HR director since it is a personnel matter and since she has asked for all deliberations to be in closed session which is her right."
Canales said the scrutiny of Guerra is unwarranted and suggested that it is politically motivated.
"What I'm not looking for is the disparagement for political gain of amazing people who have brought human resources to the forefront," she said. "When somebody's been doing their job for 16 years and doesn't have one blemish, but one hiccup you get through no fault of your own ... could cost you your job? It's just awful."
Commissioners were originally slated to discuss possible action against Guerra during their April 19 meeting. However, the court moved to delay the item to April 27 and then again to May 11.
Last week, during the May 11 meeting, the court tabled the discussion again to the court's regular May 25 meeting.
Should Guerra be terminated, Canales worries about the perception future employees could have of the county.
"Who is going to want to come work over here?" she asked rhetorically.
The fallout from the investigation into the medical examiner's office could extend past the possible changes to county employment policy. Legal experts say the investigation could affect criminal cases for which the office has conducted autopsies.
In addition, the county was served a notice last week of coming civil litigation from a Corpus Christi family. That notice from a South Texas law firm alleges the medical examiner's office and its employees mishandled the body of a man who died nearly two years ago.
Chase Rogers covers local government and industry in South Texas. Contact him at chase.rogers@caller.com or on Twitter @chasedrogers. You can support local journalism with a subscription to the Caller-Times.