Editor’s Note: Since we have not heard from Constable Phelps for previous news reports, we are publishing his entire statement to the Commissioner’s Court. Other items mentioned in the statement are public record and can be accessed through the county.
October 28, 2024 Commissioner’s: I stand before you today regarding an email from the county Judge asking me to Reduce Compensation or not to be paid. Judge Fowler stated in the email that it is of utmost public interest when I will start performing the duties of office and earning the compensation budget for this office. I was surprised by this email as I have been performing my duties as Constable PCT 1 as required by State Statute. I responded to his email and received an email back stating that all Commissioner’s Court has had to go on are rumors and that the newspaper's request for more information has gone unanswered by me.
After discussing these emails with my legal counsel, I was advised that it was in my best interest to not respond to such ridiculous nonsense. If the County Judge or any member of this Court had any questions regarding my office, you could and should have reached out to me prior with any questions, and not rely on rumors or the newspaper for fact gathering. I was further advised that if I decided to address this issue with the Commissioner's Court to only read you my statement and not answer any questions as we believe this is all politically motivated by the County Judge as our past history suggests.
As you are aware, on June 12th I was involved in a traffic accident, where the County Tahoe was hit by an 18-wheeler, and I sustained injuries. The county Auditor was notified of this accident on the same day by email. Several emails were exchanged between offices, and a request for a memo/letter regarding the accident was requested. I provided this letter to the Auditor’s Office on June 17, 2024.
On July 25, 2024 I emailed the Sheriff a request to help my office serve papers as I was placed on light duty by my doctor while being treated for my injuries. This request was to only serve papers for 6 to 8 weeks and that I would handle all of the required court hearings that JP1 had. The Sheriff responded to my email and CC Judge Fowler, Jay Condie along with other County Officials on it, and stated that he would not assist my office as he did not have the manpower to accommodate additional work. Several other emails between the Sheriff and I were exchanged and all were CC to the same Officials. A copy of these emails will be given to you and the newspaper at the end of my statement. As you will see the County Judge did know about my injuries at that time, and the request that I made to the Sheriff for assistance.
Jp1 Peggy Mayer reached out to the incoming Constable Roy Kuester and asked if he could help serve papers while I was undergoing medical treatment, since the Sheriff refused my request for assistance. Roy agreed to help and he served several citations from my office during the time he was also serving papers for the Sheriff’s Office. He ended up serving 5 eviction citations that were time sensitive and 4 regular citations during that time I was out. I continued to serve as the bailiff to the court and responded to all emails and requests for information that was requested from my office. At no time was there a lapse in service or work being performed by my office. Roy has not served any papers for my Office since the end of September as I have served all since then.
During the last 4 months I have not received a phone call or a request from the County Judge or anyone else in the County for more information regarding the accident or how I was handling the duties of Constable PCT 1. Furthermore on August 12, 2024 during Commissioner’s Court you accepted the letter/ memo that I provided to the Auditor's Office regarding the accident.
As far as the newspaper I have not received a request for information regarding the accident since June. When that request was made, I was out of Country; and by the time I returned home the article had already been published.
I know that stating this is politically motivated by Judge Fowler is a drastic statement. But my question to this court is did Judge Fowler request a reduction in compensation for Judge Robinson, Constable Wehlmann, Sheriff Bowen or Judge McBride when they were all out with medical issues and not able to perform their daily duties for several weeks or even months. I am sure the answer is no. Another question that I have is if Judge Fowler did an open records request on Constable Hobbs secondary employment as he did mine twice during the last 9 months with the last request being just over a month ago. Again, I’m sure the answer is no. So then why the double standard or is it just politically motivated on his part.
I would like to thank the citizens of DeWitt County for allowing me to serve as their PCT 1 Constable during the last 9 years, but have grown tired of dealing with the negative politics and a County Judge that I do not respect. I have attached a copy of my official resignation letter to this packet and will continue to fulfill the duties up until that day. May god bless you, DeWitt County and the Great State of Texas.
Sincerely, Kelly J. Phelps Constable DeWitt County, Texas
Editor Response: The Cuero Record requested information on Constable Phelp’s accident on June 27. The copy of the accident memo released by the county had sentences blacked out, most likely referencing the constable’s medical status or injury. We were unaware of an injury. On Sept. 26 a voicemail request was left on Constable Phelp’s office phone asking for comment on Roy Kuester taking on his duties.
