Travis County Commissioners Court
August 18, 2009,
Item 31
30 we told hrmd that we would call that item up this afternoon.
31, john, we may have a little legal question on that one.
31 actually involves a specific --
>> judge, I have to abstain on 28 and because of my spouse's relationship with seton hospital on this.
>> Commissioner Davis abstaining because his wife is employed by seton and we'll execute the affidavit that we normally do.
>> right.
>> okay.
>> now, as the backup sort of indicates, on August fifth, 2009, I conducted what we call a Texas alcoholic beverage protest hearing.
by law I serve as hearings officer.
and the day before the hearing I was asked by applicant's counsel whether Travis County would pay for the interpreter.
and I told him, well, at this late date I really don't know.
i'll go to court and try to find out.
i have since chatted with ms.
hale and the criminal cases by law we're required to provide an interpreter, and we do.
in civil cases typically the parties provide an interpreter if they need one, except in sort of unique emergency circumstances.
so this is the kind of case of first impression.
i have not been able to find out from tabc what their policy is, but we did have the interpreter.
the invoice is provided in your backup.
the interpreter did not serve in the interpreter capacity for eight hours as the invoice says, but he was here six and a half because the hearing went from 9:00 to 1:00 -- from 9:00 to 12:00 and from 1:00 to 4:30.
so that's six and a half hours.
and I don't know that it's good precedent for us to pick this tab up 100% unless we're required to do so.
however, with the -- with both applicants, husband and wife, being spanish speaking applicants, they did need an interpreter.
we did have one witness that needed an interpreter also, and that witness' testimony was at most 30 minutes.
so that's what we're confronted with.
in my view this is the sort of case of first impression.
the fairness side of me says let's just pay for half of it.
the other thing I learned is we have contracts with interpreters and so if I had known in advance and had concluded that this is the kind of responsibility, we would have gone down our list, selected one of those interpreters.
those interpreters are paid $50 an hour and not 75.
so there's a big difference there.
so the fairness in me says that the county ought to pay half of this at what would be the county's rate.
, unless tabc piksz up the whole tab.
i have no reason to think that tabc will because they didn't request the interpreter, they didn't need the interpreter.
really the applicants did.
and in this case these were individuals applying for a license renewal at one establishment and so there was a motion to consolidate both cases in one hearing, so the interpreter clearly was needed.
clearly I benefitted.
clearly fairness says the applicant needed an interpreter too, but who will pay for this interpreter surfaced on eve of the hearing that had already been proposed twice.
as a result of various other logistics.
so my own recommendation would be $50 an hour, half of six and a half hours, which is three hours and a quarter.
>> so 152.50 under the fee schedule?
>> so it would be three hours and a quarter.
is that $50 an hour?
>> yeah.
>> 162.50?
right.
that's what it would be.
>> I second that motion.
>> and what I'll do is check with tabc, and if they will pick up all of it, this becomes null and void.
>> we have done some legal research on this if you would like to discuss it further.
>> you know I certainly would not turn down the opportunity to get legal advice from you, don.
so when we go into executive session, which may well be very, very shortly, we will take this item in also under consultation with attorney.
so withdraw the motion.
and the second is withdrawn also?
>> yes, sir.
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Last Modified:
Tuesday, August 18, 2009 3:07 PM
