Even though the courthouse has been occupied since April 2022, Cunningham refuses to sign an acknowledgement that the courthouse he has worked in since January 1, 2023, is complete. All four commissioners want to get this bizarre situation rectified and collect the $600,000 from THC, but Cunningham is on the record saying he will refuse to sign a court order acknowledging that the courthouse is complete.
However, THC appears to have tired of this county judge's charade and has advised Cunningham that the money will be released as soon as Fannin County provides all of the documents to them, which the county is in the process of doing.
At the next regular meeting of Fannin County Commissioners Court on November 25, 2025, despite Cunningham's attempt to delay, the court will likely pass a resolution that officially accepts the courthouse as complete. That will enable the county to draw down the $600,000 and put an end to this bitter stalemate.
Since Cunningham isn't getting his way, he has resorted to repeatedly tossing out baseless claims that commissioners are participating in walking quorums and he is threatening to push for the county to hire a road engineer to supervise roadwork, which would put another big paycheck on the backs of taxpayers.
Apparently, this situation isn't likely to improve as long as Cunningham has the gavel.
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All five members of Fannin County Commissioners Court were present for the regular meeting Monday, November 10, 2025. The meeting opened with an invocation by Cody Austin, youth pastor at Boyd Baptist Church, and pledges were led by Major James Manis (Ret.).
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Cunningham introduced Savoy Mayor Roger Cada in attendance.
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In public forum, Cunningham went over another lengthy list of complaints about the Fannin County Courthouse. Ron Green, owner of Wise Funeral Home, wrote in on Zoom to seemingly support Cunningham's complaints.
Six Savoy residents expressed concern regarding the Battery Energy Storage System near Savoy starting up before all safety issues are addressed.
Alicia Whipple gave a shout out to the recent joint training session of Pushmatahah County Search and Rescue and the Kiamichi Mountain Christian Mission.
Sarah Richardson urged members of the court to be on their best behavior and be professional even when disagreements occur.
Major Manis reminded residents that November 11 is Veterans Day and Bonham High School will host a program. Manis also noted that on December 5, 2025, Judge Louise Goodwater and Col. Walter Goodwater (Retired) will be inducted into the Texoma Heroes Hall of Fame.
Col. Goodwater discussed issues with SNAP and warned that pantries are running low.
Dale McQueen relayed a message from Garrett Amlin, Branch President of Legend Bank explaining that all banks are required by law to secure all public funds and detailed the role of TIB.
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Executive sessions(s) and action if needed
Pursuant to Texas Government Code, Section 551.071, Commissioners Court, Fannin County Commissioners Court went in executive session at 9:49 a.m. to consult with their attorney (Slot Machine Cases, Texas Historical Commission Reimbursement) – Criminal District Attorney.
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Commissioners court reconvened in regular session at 10:39 a.m. to announce the county will be paying interest out of contingency, not to exceed $28,000, regarding money improperly seized. As it turns out, the gaming machines weren't unlawful.
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Commissioners court discussed the Texas Historical Commission reimbursement of $600,000 that Cunningham refuses to sign.
Pct. 3 Commissioner Kurt Fogelberg made a motion to accept the reimbursement and to authorize the county judge or senior commissioner present to sign any related documents.
The motion passed 4-1, with Cunningham casting the lone opposing vote.
Routine items
Commissioners court approved payment of bills. The payment packet for September 30 was $60,094.83; the November 10 payment packet was $1,655,711.78, for a combined total of $1,715,806.61. Payroll on Friday was $480,563.91.
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Commissioners court approved minutes from a special meeting held October 14, 2025.
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Report of monies received by the office of County Clerk for October 2025; Land Records, $36,226.25 and All Courts Combined, $15,665.40.
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Report of monies received by the office of Justice of the Peace Precinct 1 for October 2025; $31,008.90.
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Report of monies received by the office of Justice of the Peace Precinct 2 for October 2025; $11,170.70.
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Report of monies received by the office of Justice of the Peace Precinct 3 for October 2025; $5,454.30.
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Discussion and possible action items
Commissioners court approved submission of the grant application for, and if awarded, the implementation and completion of, the Bullet-Resistant Components for Law Enforcement Vehicles Grant to the Office of the Governor, Criminal Justice Division.
There is no match required.
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Commissioners court voted to extend the current Fannin County Burn Ban until November 25, 2025.
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Commissioners court discussed the creation of an Economic Development Committee for Fannin County.
Telephone, Texas resident Gary Tucker urged the court to consider an Economic Development Committee for Fannin County to plan for infrastructure.
"It's time we start making a brand for Fannin County," Pct. 2 Commissioner A.J. Self remarked.
Expect more discussion on this subject at future meetings.
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By another 4-1 vote, commissioners court approved releasing the retainage for CEC Facilities Group, $96,858.12 and MEPCE, Inc., $4,450.00.
Commissioner Pct. 4 Commissioner Kopf presented a list of issues with the courthouse that were corrected, but Cunningham claims CEC hasn't done everything the company committed to do.
"Let me just talk about this courthouse for a minute, since we are on the subject," Kopf began. "This is a beautiful, antique building. The word is antique. Now, with antique buildings, there is ongoing maintenance that needs to be done and we're not doing maintenance. It's been 42 months that we've been here. Windows need to be resealed - we are finally looking at that. Steps need to be repainted. Is that the contractor's fault? No."
Cunningham said that he wouldn't argue the details, made another veiled accusation about walking forums, and then he launched into another lengthy argument about the courthouse restoration.
"Let me say something else, Judge," Kopf interjected. "We keep dwelling on the past. This all should have been approved, and was approved, back when they moved in. We need to start thinking about the future. We've got some serious things happening in this county that we're not even touching."
Kopf made the motion to pay CEC and MEPCE and it passed 4-1, with Cunningham casting the lone opposing vote.
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Commissioners court tabled a motion to switch Fannin County from a Precinct Road System to a Unit Road System with Road Engineer.
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Commissioners court re-approved an amendment to the Grayson-Fannin Interlocal Agreement for Inmate Housing Services clarifying address where payments should be sent.
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Commissioners court approved a Memorandum of Understanding between Fannin County and the Health and Human Services Commission for the lease of space located at 1205 E. Sam Rayburn Dr., Bonham, Texas 75418; approximately 9,675 square feet.
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Commissioners court approved Tyler Technologies professional services agreement for configuration and consulting services for interface between Tyler Technologies software and jail CorrecTek software; up to $9,250 to be paid out of Commissary Fund.
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Commissioners court voted to approve changing Windom Building internet service to T-Mobile cellular internet service including possible funding sources.
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Commissioners court approved Tyler Technologies agreement for CMS Enterprise Justice Interface between Tyler Brazos ticket-writing software and Tyler Justice of the Peace Court software.
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Commissioners court approved an Order allowing for the disbursement of salaries and routine office expenses that are already budgeted on the weeks there is no Commissioners Court; payment registers to be sent out to commissioners court and uploaded to county website.
"Nothing is paid that hasn't been budgeted in some form or fashion," explained Fannin County Auditor Alicia Whipple, adding that this system works very well in Cooke County.
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Commissioners court discussed estimates received for the courthouse window caulk repairs.
The county received two bids to repair 104 windows and two doors; Tri-County Glass submitted a bid of $10,500 and GS Windows bid $8,876.50.
Commissioners court approved the low bid by GS Windows.
Pct. 1 Commissioner Troy Waggoner said the next step would be to correct the concrete level in the basement.
In April 2024, commissioners court set aside money for this concrete work, but nothing has been done.
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Commissioners court discussed RFQ 2025-005, Justice Center Furniture Bids.
Fannin County Purchasing Agent Julie Criswell said she is meeting with 336th District Court Judge Christina Tillett and Fannin County Court at Law Judge Charles Butler on November 10 to go over final changes.
"Until those decisions are made, I cannot present you with all of the facts," Criswell stated.
Criswell explained that, even if the order for furniture was placed today, it would be the end of January before the furniture would be in place.
Cunningham suggested the county is now looking at February, at the earliest, to move in to the Justice Center. The contractor believes the building will be ready December 12, 2025.
Criswell noted there is still a great deal of work to be done, especially on the county clerk's side, and for the elections administrator.
"We didn't budget past December 31 for all the leased buildings because the original move-in was going to be in October," Fannin County Auditor Alicia Whipple pointed out.
The county is now looking at paying two more months of leases for offices, with that money to come out of contingency.
Criswell expects to have a price at the next meeting.
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Commissioners court voted to cast votes and approve Resolution for Fannin County’s candidate(s) in the Fannin Central Appraisal District’s Board of Directors Election for the 2025/2026 term; 1,380 total votes allowed.
The number of nominations filled all available slots, so there will be no election.
The county's votes will be split votes between Pct. 2 Commissioner A.J. Self and Pct. 3 Commissioner Kurt Fogelberg.
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Commissioners court approved a Resolution certifying that (a) the County has made a grant to be paid in the amount of $3,750.00 to Tri-County Senior Nutrition Project, DBA Meals on Wheels Texoma, for fiscal year 2025/2026, (b) home-delivered meals are provided to the elderly and/or disabled through Tri-County and (c) Tri-County’s accounting system meets the financial management system requirements as set forth in the Texas Grant Management Standards.
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By another 4-1 vote, commissioners court voted to move the Environmental Development Services position under the supervision of Pct. 3 Commissioner Kurt Fogelberg.
Once again, Cunningham cast the opposing vote.
Cunningham said he didn't feel it is appropriate and got called down for making yet another false claim of walking forums.
Bonham resident Rusty Deets addressed Cunningham to say, "I've sit here for the last hour and listened to you run your mouth way more than you should have. You should to be listening to and working with the commissioners instead of arguing with everybody, including the commissioners. I think it is time to stop. Wake up!"
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Open discussion items
Open discussion items may be passed on unless discussion requested by a member of the court or a citizen.
In regard to county policies, ordinances, regulations and enforcement, Jason Walker said it appears that the county judge is refusing to sign a court order.
"Refusing to sign a commissioners court order can be seen as refusal to perform official duties, which falls under the definition of official misconduct," Walker stated. "So, we have witnessed official misconduct today because he refuses to sign a court order. What can that lead to? A Texas county judge can be removed from office for refusing to sign a commissioners court order. Refusal to sign a legally valid order should be considered official misconduct under Texas law, which is grounds for removal by a district court judge."
Walker challenge the four commissioners to file official misconduct paperwork.
Tammy Woods wrote in on Zoom to discuss Penal Code 39.02, Abuse of Official Capacity. By holding $600,000 hostage, Woods believes the judge is getting close to violating those Texas Penal Codes.
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In regard to Fannin County roads, Cunningham said that Fannin County had 71 accidental deaths on our highways, while Lamar County, with a larger population, had 53 accidental highway deaths during the same timeframe.
Cunningham said he is asking TxDOT to step up work on Fannin County roads.
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In regard to solar, wind, battery energy storage systems and the county fire marshal, Walker discussed the injunction filed by the BESS facility against an uncertified, unqualified county fire marshal who lacks the proper knowledge.
"Y'all hired a fire marshal who has no background or certification and that's why you got stuck in the position you did," Walker said. "We were about to begin paying out millions a month for keeping them off the grid."
"I think we are in a better place than we would been if we had taken this gentleman's advice and spent months trying to come up with regulations," countered Cunningham.
Commissioners court adjourned at 12:14 p.m.
