Fannin County, Texas -- With every meeting of Fannin County Commissioners Court, it seems to be more apparent that the darkest chapter in modern county history will continue to be a financial burden long after Newt Cunningham's term as county judge expires December 31, 2026. The biggest question hanging over taxpayers is, how much will this eventually cost us?
While claiming transparency with every breath, Cunningham appears to be desperate to prevent his testimony before the grand jury from being a matter of public record and used against him in a court of law where he would have to provide proof to back up his accusations. A trial judge has released the grand jury testimony and transcript, but Cunningham has appealed. An appellate court has approved a temporary stay which will only delay the proceedings. When lawyers are on the clock, delays will add to expenses.
Although grand jury testimony is generally sealed and confidential, in civil law, disclosure of grand jury testimony can be ruled to be proper if a particularized need can be established.
In this case, since no arrest report or prosecution report is available, the grand jury testimony is the sole source of evidence necessary to determine if representatives of the county intentionally presented false information that resulted in criminal charges that were dismissed.
Attorneys for the four parties countersuing Newt Cunningham, former DA Richard Glaser and Fannin County now have the grand jury testimony and transcript in their possession, but won't be allowed to use that as evidence until the temporary stay is resolved. The transcript will provide insight into just how much the grand jury may have been misled by either Glaser or Cunningham.
Which brings us back to lawyers on the clock -- in a vote that was questionable at best, and perhaps illegal -- on Tuesday morning Fannin County Commissioners Court voted 2-0 with three abstentions to hire Iglesias Law out of Tyler Texas to defend the county against the slew of countersuits.
A quick internet search indicates that a minimum of three members of the court must be present and voting. In this case, only Pct. 4 Commissioner Doug Kopf and Cunningham voted; Kopf made the motion and, when it appeared that the motion would die for lack of a second, Cunningham seconded the motion.
Legal minds will determine if this vote is binding.
Pct. 1 Commissioner Troy Waggoner, Pct. 2 Commissioner A.J. Self and Pct. 3 Commissioner Kurt Fogelberg all abstained.
Waggoner pointed out that it seems inappropriate for Cunningham to vote because he is a party involved in the original indictments and resulting countersuits.
And in regard to the writ of mandamus that Cunningham filed to get a temporary stay, who was he representing?
While he can certainly represent himself, what standing does he have to represent Fannin County in these proceedings?
*****
All five members of Fannin County Commissioners Court were present for a regular meeting held Tuesday, October 27, 2026. The meeting opened with an invocation by Mike Allred, pastor of Boyd Baptist Church, and pledges were led by Jenny Garner (USAF, Captain).
*****
Fannin County Judge Newt Cunningham introduced Dodd City Mayor Mike Keene in attendance.
*****
In public forum, Fannin County Republican Chairman Darren York reminded residents that early voting continues from 7:00 a.m. until 7:00 p.m. through Friday, October 30, 2026. On election day November 3, 2026, nine polling locations will be open from 7:00 a.m. until 7:00 p.m. Registered voters can cast their ballot at any of the nine locations.
York reported that approximately 5,900 votes have been cast, equating to 24% of registered voters in the county, which indicates this could be the lowest voter turnout in Fannin County in the past 10 years.
*****
Routine items
By a 4-1 vote, commissioners court approved payment of bills.
Pct. 4 Commissioner Doug Kopf cast the opposing vote and questioned deer-plot seed purchased with jail commissary funds to prevent erosion on cleared acreage near the county jail, as opposed to planting cheaper rye grass seed.
Fannin County Sheriff Cody Shook said that rye grass had been used in the past, but believes that the mix of seed planted this year will be more effective at preventing erosion.
*****
Commissioners court approved minutes of previous meetings.
*****
Commissioners court approved the Treasurer's Financial Report for September 2026, as well as the Treasurer’s Investment Report for September 2026.
Receipts for September were $1,197,182.789.
Current property tax revenue in September was $54,118.00.
Delinquent property tax revenue during this timeframe was $23,287.54.
June's sales tax revenue that was received in September was $192,803.19.
Interest on TexPool accounts was $37,747.22 at an average rate of 3.6775%.
Interest on the business money market account was $166.46.
Interest drawn on cash in the bank was $15,513.30.
Total interest for September was $53,426.98.
*****
Commissioners court received the Indigent Healthcare 3rd and 4th Quarter Reports for 2026 by the Indigent Healthcare Coordinator.
*****
Discussion only items
Commissioners court discussed moving Emergency Management/Fire Marshal Offices to a vacant room in the courthouse.
Cunningham is adamant that Emergency Management/Fire Marshal Offices need to be at the sheriff's office, while members of the court have suggested that the public would have easier access if the offices are moved to the courthouse.
Fannin County resident Sarah Richardson said there wouldn't be radio communications at the courthouse.
*****
Commissioners court went over a laundry list of items estimated to cost $100,000 that are still needed at the Justice Center but not budgeted.
At least initially, the money would need to come out of the county's Contingency Fund. The county has budgeted $250,000 in Contingency for the 2026-2027 fiscal year.
"In my opinion, this county has a spending problem," Kopf declared.
The Justice Center project was initially presented to Fannin County residents as an $11 million project, but the final tally will be close to twice that amount.
Fogelberg questioned why two security guards are needed at the entrance now, when only one guard was needed at the entrance of the former site of district court.
Cunningham suggested checking with judges at the Justice Center to learn more.
*****
Commissioners court received an election update by Fannin County Clerk Jenny Garner.
"I would like to, once again, tell this court and the citizens of Fannin County how grateful we are to be in the new facility," Garner began. "Every person that comes in has something positive to say about it. And people who have been searching our land records have told us that our facility probably ranks in the top three in the state. We are pleased at how the election is going there -- it's going very well."
The county is averaging 725 voters per day.
Garner gave a special recognition to Robert Vehar who was primarily responsible for volunteering to make improvements to the floor and she thanked election workers for their tireless efforts to ensure this election goes smoothly.
Garner noted that the low turnout in Fannin County is consistent with a low turnout statewide.
Approximately 600 ballots were mailed out and about 300 have been returned. Garner thanked the Bonham Post Office for making deliveries twice a day. She reminded residents that early voting from 7:00 a.m. until 7:00 p.m. will continue through Friday, October 30, 2026 and voting on November 3, 2026 will be from 7:00 a.m. until 7:00 p.m. at nine locations. Voters may cast their ballot at any of the nine locations.
Discussion and possible action items
By a 3-2 vote, commissioners court approved an affidavit granting exemption to platting requirements under the Subdivision Regulations, Sections 3.1.1 and 3.1.2 for Property ID# R000127488 on CR 2610 in Ivanhoe.
"I don't like people coming to commissioners court and asking for favors," Cunningham said, noting that he doesn't care for exemptions.
Cunningham and Kopf cast the opposing votes.
*****
By another 3-2 vote, commissioners court approved an affidavit granting exemptions to platting requirements under the Subdivision Regulations, Section 3.1.1 for Property ID# R000086906 on CR 5010 in Blue Ridge.
Cunningham and Kopf cast the opposing votes.
*****
Commissioners court passed on an agenda item regarding the date for the grand opening of the Fannin County Justice Center.
Commissioner Fogelberg pointed out that the county needs to find a remedy for the handicap door situation before hosting the event.
*****
Commissioners court discussed the responsibilities of the Fannin County Sheriff’s Office regarding cattle on the jail's 50-acre property.
Pct. 4 Commissioner Doug Kopf said he understood that a corral was built to hold stray cattle and asked why the county purchased seven heifers.
Sheriff Shook explained that wranglers contracted by the county have their own pens and charge the county for storage and feed.
With 664 beds at two jails, the county's share of commissary funds amounts to approximately $500,000 annually and state law prevents the money from being used to fund jail operations.
"We are trying to find ways to utilize the money efficiently," Shook stated.
The fund had a surplus of $1.5 million when Shook took office and that money was used to improve facilities in order to be compliant. After safety issues and the chaplain's issues were addressed, some funds are now being used to teach basic skills and improve the revolving door of recidivism.
The heifers were purchased to implement a basic livestock program. An expanded garden program has produced over 11,700 pounds of produce and Shook is considering the construction of a greenhouse for year-round produce.
He is also continuing to communicate with local employers to see what marketable skills can be taught to detainees.
*****
By a 4-1 vote, commissioners court will allow the Texas DPS Driver’s License employees to move into and use offices vacated by Development and Environmental Services at the East Annex on Highway 56.
"I'd like to see them pay 50% of utility bills," noted Pct. 1 Commissioner Troy Waggoner. "They are getting the building for nothing."
"We may eventually need storage space," added Fogelberg.
Waggoner cast the opposing vote.
*****
Commissioners court voted to approve a contract with US Imaging/Fidlar for media conversion services; to be paid from line item 127-403-4370.
This contract is to digitize some of the county's oldest land records.
*****
Commissioners court passed on an agenda item regarding a pay increase for part-time employee to be paid for from a special fund account.
Fannin County Clerk Jenny Garner explained that the part-time employee will be paid approximately $377 per year.
*****
Commissioners court voted to approve 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 2026/2027, (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.
*****
Commissioners court tabled an agenda item regarding the approval of the final draft and adopt the Fannin County Tax Abatement Guidelines and Policy.
Dale McQueen delivered a prepared statement:
The agenda item to review and possibly approve the Abatement policy for Fannin County today was put together by the committee you agreed to on June 9, 2026. The committee has spent the past four months going over a policy that would be beneficial to Fannin County and along the way has made many changes and suggestions to accommodate the differing opinions of the committee members. While every committee member may have not got exactly what they would like to see in the policy, the overall goal of benefiting Fannin County is met by our agreement to present the results of our collaboration to the Fannin County Commissioner’s Court.
Abatements are an incentive tool that the county can utilize to encourage a business to locate within the county or expand an existing business already here. While any company can locate within the county without an abatement policy in place there are both economic and employment reasons to enter into an abatement policy in certain circumstances. Language has been included in this policy to guarantee levels of pay to employees based on meeting certain requirements. In addition, the requirements for levels of noise, landscaping, and clean-up can be written into an abatement agreement. Without an agreement the county has no influence on how a company chooses to operate their business outside of a few specific instances.
Highlights of the presented document:
• Application does not guarantee approval of a tax abatement.
o Highlighted on first page
o 1.02 A – State law showing commissioner’s court does not have to approve.
o Section L (5): submission of an application does not guarantee approval.
• The minimum investment that can be considered for any abatement is $500,000.
• Any Payment in Lieu of Taxes (PILOT) must be negotiated before the Tax Abatement is agreed upon.
• Tax Abatement Program
o No abatement period will exceed 8 years.
o Multipliers from the Regional Input-Output modeling system (RIMS II) data shall be considered for any type of request for abatement. Higher values associated with Fannin County will receive higher proposed abatements while low values will receive minimum or no abatements.
Lower value multipliers such as Data centers and BESS plants should require a PILOT program be put in place.
o Categories for abatement broken down into only three categories.
Industrial, Manufacturing, Distribution, Renewable Energy
• Minimum 5 jobs created and 1–8-year abatement with maximum 75% abatement.
Retail, Hospitality, Entertainment
• Jobs created based on entity type and 1–8-year abatement with maximum 75% abatement.
Multi-Family
• Minimum of 50 units – maximum abatement is 50% for 1-5 years.
o NO ENTITY will get 100% abatement.
o Abatement period begins on the next January 1 following start of construction or completion, whichever comes first.
o Pay requirements for employees based on whether health plans are provided.
• Tax Increment Reinvestment Zone (TIRZ)
o Ability to participate with other taxing entities to attract or retain businesses.
o Fannin County shall appoint representatives to TIRZ boards based on their share of participation in contributing to the TIRZ.
o The Fannin County Judge will monitor oversight of these types of agreements and report to the Commissioner’s Court at minimum yearly.
• Application Requirements
o All applications for abatement consideration require a $1,000 fee.
• Review and Approval Process
o The County Judge shall review the initial application for completeness.
Fannin County may retain independent consultants, attorneys, economists, or other experts to assist with application review and analysis, with costs charge to the applicant.
o If outside experts are needed the requestor will deposit an additional $10,000 with the County. If additional funds are required, the requestor will deposit an additional $5,000 as needed.
o Monitoring and Reporting will be required annually by the requestor if approved in order to make sure terms of agreement are still in place.
• Compliance and Monitoring
o The Fannin County Judge is responsible for ensuring all annual compliance reports are done by March 31.
o Any ownership changes must be reported to the county within 24 hours.
o Site Inspection Rights:
The County Judge or his representatives specified in the abatement agreement will have the right to inspect the abated property with a minimum of 24 hours’ notice.
• Only individuals named within the abatement agreement will have the right to do a site inspection.
o Non-Compliance with the abatement agreement can result in all abated taxes plus interest be paid to the county.
• General Provisions
No member of the Commissioners’ Court may have a direct or indirect financial interest in any economic development project receiving County incentives.
The policy would go into effect January 1, 2027.
Cunningham concerned about "flipping."
McQueen said that would be covered by the individual contract.
Commissioner Self thanked the abatement committee for the hours invested in devising the policy.
*****
Commissioners court voted to approve a Resolution supporting the County Judges and Commissioners Association of Texas’ support of raising the 911 service fee.
*****
By a 3-2 vote, commissioners court voted to approve a Potential Change Order with Crossland Construction for required audio/video upgrades to enhance the system at the Justice Center; the $18,770.50 will come out of contingency.
Fannin County Criminal District Attorney John Skotnik relayed that judges need these improvements now, but added that this should have been addressed by the engineer during design and construction.
The change order gives the county an opportunity to recoup this expense.
Kopf and Cunningham cast the opposing votes.
*****
Commissioners court discussed hiring an attorney to represent Fannin County in countersuits resulting from six indictments that appear to be highly questionable because all six indictments were dismissed for Lack of Probable Cause.
By a 2-0 vote, Fannin County Commissioners Court voted to hire Iglesias Law, a firm located in Tyler, Texas.
At first glance, it would seem that a minimum of three votes must be cast in order for a decision on an agenda item to be official.
Cunningham, Glaser, and Fannin County are targeted as possible defendants in the series of countersuits.
*****
Executive session(s) and action if needed
Pursuant to Texas Government Code, Section 551.071, Fannin County Commissioners Court entered into executive session at 11:36 a.m. to consult with their attorney regarding American Tower Discussions, and to discuss personnel issues.
*****
No decisions were made in executive session.
