Nueces County fire marshal resigns after questions from commissioners about certifications

Editor's Note: The article was updated to add a statement from Precinct 4 commissioner Brent Chesney responding to comments from County Judge Barbara Canales.

Nueces County Fire Marshal Jose Olivares, who was criticized last week for not obtaining certain state fire certifications within six months of his hire date, has resigned from the position.

Olivares submitted a letter of resignation to the commissioners court on Friday, Nueces County Judge Barbara Canales told the Caller-Times. His resignation comes more than a week after two county commissioners had questions about whether the fire marshal could perform the job and whether the county needs the office at all.

Olivares' letter was not immediately available and attempts to contact him Friday were unsuccessful. Canales said his resigned because some commissioners are aiming to defund the office. (One commissioner denied this)

Canales, who hired Olivares, 51, to lead the newly-established office in November 2020, said the fire marshal was a key player within the office of emergency management, which she oversees as county judge.

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"We should all have respect for peace officers who have served this community honorably for almost 20 years. Marshal Olivares served Nueces through times of crisis. He was instrumental in COVID response operations, and with researching game room regulations," Canales wrote in a statement to the Caller-Times.

A retired Corpus Christi police officer of 18 years, Olivares was hired by Canales even though he — like the other applicants for the position — did not have any fire inspection or arson investigation experience.

According to the county's fire marshal job description, Olivares was to obtain or be in the process of earning those certifications within six months of his first day. However, state records obtained by the Caller-Times last week showed he had not done so more than a year and a half later.

More: Nueces County fire marshal lacks certifications to perform inspections, investigate fires

In an interview with the Caller-Times last week, Canales attributed Olivares' delay in earning the certification to the COVID-19 pandemic. Shortly after he was hired, she said county emergency management officials and Olivares shifted their focus to rolling out the newly-available COVID-19 vaccines.

In her statement, Canales condemned the two commissioners — Precinct 4 commissioner Brent Chesney and Precinct 1 commissioner Robert Hernandez — whom questioned Olivares and his efforts to obtain the certifications. Those questions, she said, were politically motivated and meant as retaliation against Olivares.

"I’m extremely disappointed with those advocating that we defund law enforcement. I ‘back the blue,’ and wish my other (commissioners) would do so. Fire Marshall Olivares remains an active peace officer in the State of Texas," she said. "I wish him the best with his retirement."

In a statement to the Caller-Times Saturday morning, Chesney said he supported law enforcement and opposed what he called the misuse of taxpayer money by the county judge.

“In response to Judge Barbara Canales' negative and untruthful comments directed at me I condemn Judge Barbara Canales for repeatedly wasting taxpayer dollars and constantly overreaching without authority. My duty is to protect taxpayer dollars and ask tough questions when I need to. I continue to be a strong advocate for fully funding law enforcement as I always have," he said. "Judge Canales’ comments on law enforcement in this article (are) simply an attempt to deflect from the real issue of Judge Barbara Canales’ mismanagement."

In February, Olivares had told the commissioners he was attending Houston Community College. The county paid for his classes and he was nearing completion of the needed courses, Canales said, saying that Hernandez and Chesney were not accounting for delays as a result of the pandemic.

Hernandez did not immediately respond to requests for comment Friday.

Last week, Hernandez told the Caller-Times he believed Olivares should be fired, saying the fire marshal had been "untruthful" and "not forthcoming" about the status of his certifications.

The commissioners court established the fire marshal's office in October 2019. As fire marshal, Olivares had been reporting to Canales until last month. Then, Chesney questioned whether it was the intent of the court almost three years ago to have the fire marshal report to the county judge.

In an effort he said was meant to clarify the line of succession, Chesney put forth a vote during the court's April 27 meeting to specifically request the fire marshal report to the commissioner court. The measure passed 3-2, with Canales and Precinct 3 commissioner John Marez voting against the change.

Campaigning in the Democratic primary, Olivares ran unsuccessfully for Nueces County sheriff in 2016. In 2018, Olivares was on a list with dozens of candidates vying for the seat after former sheriff Jim Kaelin, a Republican, announced his retirement.

The future of the office is not clear

Last week, Chesney told the Caller-Times the court should reevaluate operations and whether the fire marshal's office is needed. On Saturday, he said he supported having the office so long as the fire marshal has the proper certifications and background.

"I continue to fully support having a county fire marshal that has a fire prevention background that the entire commissioners court hires as is supposed to happen in elected government," Chesney said.

Another possibility, he suggested last week, could see the county and the city of Corpus Christi signing an interlocal agreement to have the city's fire marshal — a position already in place — service the rural parts of the county.

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The court will meet for a regularly scheduled meeting on Tuesday to discuss and take action on a variety of topics, including the fire marshal's office. The court will discuss and consider reallocating the funds for the fire marshal position, according to the agenda published on Friday. That item was placed on the agenda by Chesney.

Canales told the Caller-Times last week that Nueces County still needs a fire marshal's office. In 2019, the commissioners court voted unanimously to create the office.

Chase Rogers covers local government and industry in South Texas. Contact him at chase.rogers@caller.com or on Twitter @chasedrogers. You can support local journalism with a subscription to the Caller-Times. 

This article originally appeared on Corpus Christi Caller Times: After a year and a half on the job, Nueces County fire marshal resigns