Petition demands district clerk removal

SAN MARCOS — Local resident Chloe M. Love filed for the removal of Hays County District Clerk Avrey Anderson Sr., pursuant to Section 87.015(b) of the Texas Local Government Code, for incompetence and official misconduct on Sept. 29.

According to the petition, Anderson has failed to complete several of his duties, including providing the record to the Third Court of Appeals in a timely matter, delivering jury summons and subpoenas, filing grand jury indictments, granting temporary protective orders, completing payment to the Hays County Treasurer’s Office that do not confirm to the orders of the district court and failing to disburse restitution payments.

Love also concluded that Anderson should be removed due to incompetence as defined under Texas Local Government Code 87.011 (2) as “(A) gross ignorance of official duties,” proven by the inability to meet deadlines, or “(B) gross carelessness in the discharge of those duties,” which is shown through the late subpoenas, grand jury indictments and failure to grant temporary protective orders.

The petition goes on to claim official misconduct due to the fact that “The Hays County Treasurer’s Office has and continues to regularly notify the defendant that his payment orders do not comply with the orders of the district court. This constitutes an intentional and knowing refusal to carefully and effectively carry out the orders given to him by the district court.”

Thomas M. Just, Love’s attorney, submitted an Anti-Spoliation Notice to Anderson stating that electronic data, including audio and video recordings, spreadsheets, email files, image files, databases, calendar and scheduling information, computer system activity logs, all file fragments, metadata and backup files and telephone systems have been requested for evidence.

Pursuant to Texas Local Government Code 87.018, a jury trial is demanded.

This is an ongoing story; the Hays Free Press/News-Dispatch will continue to provide updates as more information becomes available.