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Legislative hearing on emergency leave

Figure this will be on the legislative agenda next spring.

Best mugshot ever

Best mugshot ever

At a Texas House hearing Tuesday looking into how some state agencies were able to keep some departing employees on the public payroll by granting them emergency leave, lawmakers expressed frustration that vague state rules may have allowed the practice.

“I want to know exactly … if there [were] any violations of the law or violations of the process, and I think that’s incumbent upon everybody on this committee to figure out if that transpired,” said Rep. Lyle Larson, R-San Antonio. “If the law wasn’t broken, then I want to know exactly how we can correct it.”

Lawmakers on the House Committee on General Investigating and Ethics were looking into whether heads of agencies have too much discretion when it comes to awarding emergency leave.

“There’s going to be absolute certain change to this statute, but let’s work together to get it right,” said Committee Chairman Rep. John Kuempel, R-Seguin, during the hearing.

Texas does not award severance pay to state employees, but recent news reports showed that Texas Attorney General Ken Paxton paid both his first assistant attorney general and communications director for months after they left the agency by categorizing both as being on emergency leave. Other reports revealed a similar practice in the General Land Office where departing employees continued to receive compensation, though not through emergency leave.

Emergency leave is often used as a way of permitting state employees to take a leave of absence for a death in the family, but the law also allows agency heads to grant it for other unspecified situations.

In June, House Speaker Joe Straus, R-San Antonio, asked the Legislature to examine the issue. He had previously called for limiting the practice in order to ensure “that agencies use taxpayer dollars appropriately.”

See here and here for the background. There’s a request for an investigation by the Rangers into the severances, but I don’t know where that stands. As a philosophical matter, I don’t particularly object to severance packages for state employees. There ought to be some limit on them, but I don’t think they need to be banned completely. The use of emergency leave as a form of severance package, done as a way of keeping people quiet as they’re being shown the door, is another matter, one that deserves a close look from the Lege. I don’t know what action they’ll take, but it will be something. The Chron has more.

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