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More on severance pay and the Land Commissioner’s office

The law doesn’t apply here.

BagOfMoney

After reports of state agencies keeping former employees on the payroll after they stopped working, Texas Attorney General Ken Paxton and other agency heads have taken heat for stretching the rules on paid “emergency leave” to keep the ex-workers on the books.

But when 26 employees were paid for an additional one to two months after they quit working for the General Land Office, Land Commissioner George P. Bush didn’t use emergency leave or any other type of paid leave established in law to compensate them. Instead, Bush’s agency treated the former employees as if they were still working, sending time sheets to the comptroller’s office indicating they had shown up to work.

The arrangement raises questions about whether the agency properly awarded and reported the paid leave, which amounted to at least $383,000 for the 26 employees let go during Bush’s “reboot” of the agency after he took office in January 2015.

An additional 14 employees signed separation agreements when they left the agency after Bush was elected in November 2014 but before he was sworn in. Bush’s predecessor, Jerry Patterson, said those terminations should also be included as part of Bush’s agency reorganization because Patterson allowed Bush and his interim team to decide who should be hired and fired during that period.

[…]

State law spells out several types of paid leave — for such events as illnesses, vacation and deaths in the family — and the comptroller’s office requires agencies to indicate what type of leave an absent employee is getting by selecting a time sheet code that matches a leave category established in law.

The General Land Office, however, didn’t select any type of leave for the 26 employees with separation agreements, and the agency has since said it left the leave field blank because there was no leave category that corresponded to their circumstance. “Because there was not a more accurate code, we used what was readily available to us, and we didn’t want to miscategorize it as something that is not accurate,” agency spokeswoman Brittany Eck said.

For Buck Wood, a former deputy comptroller and expert on Texas government and ethics law, that omission is proof that the leave wasn’t authorized by state law.

“There’s got to be an appropriation, and there’s also got to be a law behind an appropriation that authorizes it,” Wood said. “In this case, neither exists. There is no such thing as severance pay (in state law), and there’s no appropriation for it, so it’s just totally and completely illegal.”

Also, Wood said, any time sheets approved by the General Land Office that indicated employees were still working after they had left the agency might constitute falsification of government records, a felony offense.

Bush’s staff said such payments are standard practice in the business world because they are efficient. Noting that none of the 100 employees who left the agency under Bush have sued for discrimination, Eck said the agreements save taxpayer money by reducing potential litigation risks and legal fees.

See here for the background. You almost have to admire their tenacity with the “it’s totally legit in the private sector” defense. Who cares that this is the public sector, or that knowing how our money is spent and how our public offices are being run are things we are supposed to value? Not George P. Bush, that’s for sure. You won’t get that kind of clarity of vision from just anyone. Ross Ramsey has more.

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3 Comments

  1. Bill Daniels says:

    “You almost have to admire their tenacity with the “it’s totally legit in the private sector” defense. Who cares that this is the public sector, or that knowing how our money is spent and how our public offices are being run are things we are supposed to value? Not George P. Bush, that’s for sure.”

    I agree 100%. Spot on.

  2. Bill Daniels says:

    “You almost have to admire their tenacity with the “it’s totally legit in the private sector” defense. Who cares that this is the public sector, or that knowing how our money is spent and how our public offices are being run are things we are supposed to value? Not George P. Bush, that’s for sure.”

    I agree 100%. Spot on.

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