Shelby County Commissioners' Court accepts Pct. 4 Constable Jake Metcalf's resignation

Metcalf's name will be on primary ballot but he is not seeking re-election

Shelby County Commissioners' Court on Wednesday morning accepted the resignation of Pct. 4 Constable Jake Metcalf.

The court also accepted an “affidavit waiving any compensation” for Metcalf.

At an emergency meeting of commissioners on Dec. 20, the court voted to take possession of any and all equipment, office keys and the county vehicle in the possession of Metcalf. That action was taken on a motion by Pct. 4 Commissioner Tom Bellmyer which was seconded by Commissioner Roscoe McSwain.

It was announced at the conclusion of a closed executive session at the Dec. 20 when the court reconvened in open session that Shelby County Attorney Gary Rholes would issue documents to Metcalf's attorney forfeiting any future payroll checks or benefits.

At Wednesday's meeting Shelby County Judge Allison Harbison presented Metcalf's letter of resignation dated Monday, Jan. 13, which had been forwarded from Metcalf's Tyler-based attorney, Kenneth M. Biggs.

“Effective immediately, I am resigning my position as Precinct 4 Constable in Shelby County,” he said. Metcalf also acknowledged the March 3 Republican primary election for which he had filed to seek re-election prior to the Dec. 9 filing deadline.

“It is my intent to not seek re-election in the upcoming March 2020 primary,” he said in the letter. “However, I recognize that we are passed (sic) the deadline to remove my name from the ballot.
“As such, I would express my intent to the Commissioners' Court and the voters in Precinct 4 that should I be re-elected in spite of this resignation, I do not intend to accept this office and I would again resign,” Metcalf said.

He said he is forfeiting any “salary, pay, benefit or otherwise” for the remainder of my term.

“I do so in an effort to allow the Commissioner's Court to utilize their authority and budget to appoint my replacement,” Metcalf said.

Rholes told the commissioners' court that despite Metcalf's resignation and the fact the court has accepted the resignation, under state statute that Metcalf is still the official constable for precinct 4.

Rholes said the “holdover statute” is intended to not leave official offices vacant. He said once the court approves a replacement, then Metcalf would officially no longer be the constable.

He called the state law a “quirky statute.”

Commissioner Roscoe McSwain said he felt the statute was undermining the commissioners' authority. He also asked about the possibility of filing charges against Metcalf should the court feel the need to do so at some future date.

Rholes responded that could still be possible.

“He has no blanket indemnity,” or protection against possible future legal action or recourse, Rholes said.

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