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Texas Attorney General Ken Paxton is threatening legal action against Comptroller Glenn Hegar if Paxton does not receive back pay for the period he was suspended and awaiting his impeachment trial in the Texas Senate.
In a letter obtained by The Texas Tribune, Paxton’s office charges that the comptroller violated state law and the Texas Constitution “by refusing to issue salary payments to a duly elected statewide officeholder.”
First Assistant Attorney General Brent Webster stated that public servants have the option to receive their salary even during their leave for investigatory purposes.
After being impeached by the House in May and subsequently suspended from his duties, Paxton regained his position as attorney general on September 16. Following his trial in the Senate, Paxton was acquitted on 16 charges related to accusations of accepting bribes from his friend and political donor, Nate Paul, as well as retaliating against whistleblowers within his office. Additionally, the Senate dismissed four other charges against him.
Paxton’s office asserts that although impeachment necessitates the suspension of official duties, it remains ambiguous in the constitution whether the officer should forego their salary. In certain instances, Texas permits agency heads to grant employees leave without salary deductions. Webster suggested that this provision should be extended to Paxton during his suspension.
The comptroller’s office issued a letter on Tuesday affirming its support for the decision made in June to halt Paxton’s $153,750 yearly salary during his suspension. Hegar’s legal advisors suggested that Paxton seek a clear verdict from the Texas Supreme Court.
Victoria North, general counsel, acknowledged that although they hold a different viewpoint on the Texas Constitution regarding pay and back pay for a suspended elected officer, they understand the unique and unprecedented nature of the current situation.
In a recent radio interview, Hegar stood by his approach to Paxton’s compensation, asserting that state law is unequivocal in his perspective.
In his letter, Webster conveyed that the comptroller had attempted to reclaim funds which Hegar’s office deemed as “overpaid” to Paxton. However, the attorney general refused to comply with the request and instead cautioned the comptroller that their actions had exposed the State of Texas to potential legal consequences by denying Paxton his owed back pay.
Webster stated that the office is exploring all legal options to rectify this injustice.
In a series of post-trial media appearances, Paxton has specifically targeted Hegar, reproaching him for his role in withholding the payment.
During an interview with Lubbock radio host Chad Hasty on Thursday, Hegar reaffirmed his support for the decision, citing two state laws that influenced his office’s choice.
According to Hegar, the state Legislature made changes to state law and the state Constitution that allowed certain state employees, excluding state officeholders, to take leave with their pay. However, this does not apply to state officeholders, as stated in the law.
Lt. Gov. Dan Patrick, who oversaw Paxton’s trial, seems to acknowledge that Paxton couldn’t receive payment while also advocating for future reforms to the impeachment process.
Patrick has refrained from commenting on Paxton’s recent altercation with Hegar. However, during a television interview following the trial, Patrick expressed his belief that impeached officials in Texas must be “essentially suspended without pay.”
“In the interview with WFAA in Dallas, Patrick argued against forcing someone to resign without compensation during the ongoing impeachment process.”
Patrick Svitek contributed reporting.
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