Reprint from the Progress Times - September 7, 2007
©Progress Times 2007 - All Rights Reserved

Constable Larry Gallardo’s innovation earns state award

By Kathy Olivarez

Typically when one thinks of public servant, the adjective "innovative" is not the first thing that comes to mind. One local public servant has changed that perception.

Precinct Three Constable Larry Gallardo has re-defined the role of the constable’s office by bringing in new and innovative ideas. New programs and services instituted since Gallardo was elected constable in 2001 have helped the local school districts curb truancy problems and helped the Department of Public Safety (DPS) and the Hidalgo County Tax Office catch up on thousands of outstanding warrants.

Gallardo has been so effective and innovative as constable that the Texas Justice of the Peace and Constable’s Association recently named him Constable of the Year.

The duties of a constable are a little ambiguous to most people. They just aren’t sure what a constable is supposed to do other than serve as escorts for funerals.

But Precinct Three Constable Larry Gallardo has a clear vision of the responsibilities of the constable’s office.

"The primary duty of the constable’s office is to serve the Justice of the Peace Court," states Precinct Three Constable Larry Gallardo. "They assist in the civil process with small claims suits. And they assist in foreclosures and repossessions. Constables serve as bailiffs for the justice of the peace courts. They keep order in the court, call the cases and protect the judge."

Constables can also assist the criminal officers if needed in criminal matters. But their primary duties are related to civil matters. They handle all civil citations, writs of sequestration, distress writs of possession, subpoenas, forcible entry and detainer citations (eviction citations) issued by the Justice of the Peace, County Court or District Court.

Gallardo said in addition to their duties in the justice of the peace’s courts, his deputies also serve truancy notices. "Some people think a constable is not really a peace officer because they do not work in the criminal division. But in order to serve notices, they must be peace officers.

He went on to explain that all constables receive the same kind of training as other peace officers. "The only difference is that we serve the civil court while other peace officers work with the criminal court."

Responsibilities include serving citations, small claims against individuals, justice claims against businesses, writs of possession or eviction notices, and collection of judgements in civil lawsuits.

Gallardo has been Constable of Precinct Three since 2001. His area runs from 23rd Street in McAllen in the east to the Starr County line in the west. It runs from the river in the south to the Brooks County Line in the north. The area encompasses about 600 square miles.

Since Gallardo took office he has made many changes in the way the office runs. He has placed a strong emphasis on truancy. "Juveniles who are not in school are often in trouble…dealing drugs and doing graffiti."

In a description of a constable’s duties there is a statement that says a constable may serve the community in anyway that is needed. Truancy in Hidalgo County schools has long been a problem. In 2002 shortly after taking office, Gallardo applied for and received a grant to hire more deputies to devote themselves to truancy issues in the Mission, Sharyland and La Joya Independent School Districts. The success rate in getting truants back in school was about 70 percent. Although the grant ended in 2006, his deputies still work with the districts to find juveniles who need to be in school. The only difference is that now the districts must share the cost of the program with the county.

Gallardo feels this is an important program because a youth who is in school is not out getting in trouble. He is proud of the success the program has had.

One job that many people are familiar with when it comes to constables is the serving of warrants for outstanding traffic fines.

"The Department of Public Safety (DPS) has a system that has millions of dollars in unpaid traffic tickets," said Gallardo. He hired two additional deputies who use a "knock and talk" technique to try and collect the fines. The deputies go out and visit with the person who has the unpaid tickets. They tell them that if the tickets are not paid within one week, a warrant will be issued for their arrest. While they are there they get the license number of the vehicle they are currently driving, a phone number, a current address and as much information as they can on the person.

"Sometimes the people just tell us to take them to jail right then because they cannot pay the tickets," said Gallardo. "But the majority of people (65 percent) find some way to pay the fines. Deputies serve 200 traffic warrants a month. A $50 fee is attached to the cost of the fine for collection services. That adds an additional $10,000 per month in the county funds.

Gallardo said the program has been of help to the DPS who often do not have good addresses or a way of tracking the people who are often illegal residents. Gallardo’s deputies patrol the colonias and monitor traffic on county roads. They often have a better idea where to find someone than the DPS does.

Sometimes his deputies get more than they bargain for on patrol. Once they stopped a car for reckless driving and found that the driver had a kidnap victim in the back seat. "We saved that man’s life," says Gallardo.

On another occasion the deputies discovered a robbery ring that had taken about half a million worth of merchandise.

One of the new projects Gallardo and his deputies have undertaken is to serve tax war-rants. For the past two years the constable’s office has served warrants issued by the district court on businesses that have not paid their inventory taxes. They have the authority to seize the property and sell it to satisfy the tax debt.

"I always try to work with the business owner, " said Gallardo. "Once he or she realizes they are about to lose their business, they will come up with a plan to pay the taxes by borrowing the money from relatives or by entering an agreement to pay the back taxes a little at a time. Instead of just going in and shutting a business down, I always try to give them a little time to address the problem because the business is the person’s livelihood."

The deputies also enforce liens on property. They can sell a person’s assets to satisfy a judgment against the person. However if the property is a homestead, or if the person is in bankruptcy the property cannot be taken. When it is taken the person can keep $30,000 in personal assets, up to 10 acres of city land (jointly) or up to 100 acres each of rural land. Family cemeteries cannot be seized.

Rental property can be seized to satisfy debt. Although every person in the family is allowed to keep a vehicle, extra vehicles can be seized.

Since the program began two years ago, his deputies have assisted in the collection of $50,000 to $200,000 in delinquent taxes. Each one of those delinquent tax accounts has a $200 collection fee attached that goes into county funds.

Although the area is not in Precinct Three, Gallardo’s deputies also serve tax warrants all the way to S.H. 281 because the constable’s office in those precincts do not serve tax warrants.

Another project Gallardo has worked on is Project Sweep, designed to stop illegal dumping in the county. Through this program much of the illegal dumping that was going on in the county has stopped.

Hidalgo County is considered to be in the second tier of size in the state falling under Travis, Bexar and Harris Counties. The county ranks with Webb and El Paso Counties.

"Hidalgo County will soon have a population of 700,000 in Hidalgo County," said Gallardo. "We must find ways to provide more of the services residents need. He is constantly looking for ways to serve the needs of the people of Hidalgo County."

To meet those needs Gallardo has expanded the level of services offered in the precinct and throughout the county. Today instead of five deputies, he has 15 men who do all sorts of work. He manages one of the largest constable’s offices in South Texas.

When some of his deputies were asked in what ways their jobs had changed since Gallardo took over as constable, one answered, "In what way has it not changed?"

Reynaldo Reyna said Gallardo had introduced a level of professionalism that had not been there before. The men did not have the training on how to serve the warrants and citations. Today they have been trained in specific procedures to follow in the situations they must monitor.

Johnny Alvarez said that Gallardo had provided the uniforms, vehicles and equipment the men needed to do their jobs. He also pointed out that Precinct Three Constables were the only ones who worked at night to serve warrants and to patrol problem areas.

Jesus Cruz said that Gallardo had worked hard to get them the training they needed and to see that they were paid well for their efforts.

"Before Gallardo took over some of our officers earned so little that they were on food stamps. Now we have a livable income," said Cruz. He also went on to say that the only way to get a position as a constable’s deputy in Precinct Three is for one of the deputies to die. The men appreciate the things Gallardo has done for them and they are extremely loyal to him. Morale among staff is high and none of them plan to leave."

Gallardo said that deputies were encouraged to move up and out if better positions came along. At the same time he confirmed that his men are loyal to him and do not look for other jobs.

Gallardo’s work in the county has not gone unnoticed. In June of 2007 the Justice of the Peace and Constable’s Association selected Gallardo as the 2007 Constable of the Year. He is considered to be an up and coming member of the association statewide and is currently serving as vice-president of the organization. Part of his selection for this state honor was based on the effectiveness of his truancy program and for his tax warrant program.

Hidalgo County can be proud of the programs started by Precinct Three Constable Larry Gallardo to serve county residents. While his primary duties are related to civil matters, he and his men will be there to assist in criminal matters whenever they are needed. And Gallardo will keep looking for ways to better serve county residents.