An employee was injured on the job and has been off for several months due to workman's comp injury. During this time the employee has received full salary compensation from the county payroll and received checks for salary from the insurance provider. The checks issued from the insurance provider should have been issued to the county as a remimbursement for compensating the employee at full salary. (form was not filed w/ insurance provider that allowed this snafu to occur) The result is the employee now owes the county $3445.

The employee's boss, an elected JP, has submitted a payroll authoriztion form approved by the employee and the elected in which $50/month will be withheld from her pay to pay back the county the debt owed.

Questions:

1.) Does this agreement/contract between the elected JP and her employee bind the county and limit the remedies the county can pursue to collect this debt?

2.) Does the elected JP have authority to enter into this agreement/contract without the approval of the commissioner's court for the repayment of a debt owed the county?

3.) Is the "Payroll Authorization" form submitted to the auditor and treasurer by the elected JP also serve as a "Notice of Indebtedness" under LCG 154.025(b) that would then kick that particular laws provisions?

Thanks in advance for any help on this matter.

It would have to be one strangely worded document for that payroll authorization to serve as the Notice, though perhaps that third no should be a 'probably not'. If you'd like, I will send you what we have used as Notice of Indebtedness.

Despite the "no x 3", something is better than nothing. Questions to consider when trying to ratchet down harder on the employee who is already agreeing to pay it back: Whose error was the overpayment? Is this an employee who is likely to be around for long enough for the $50/check to eventually pay out the debt? Do you pay your JP clerks so much that the county could reasonably believe that the employee could afford more?

Thanks for the information. That was my belief from the beginning, but just wanted to get some additioinal opinions. Even if it was a notice of indebtness I don't believe it meets the definition of a debt under that particular provision of LGC.

Commissioner's Court will take it up at it's next meeting and formulate a policy and procedure for the County for this particular situation and any that come up in future.

Diamond could you email me the notice of indebtness that your county has used in the past. Thanks for all the help.

http://www.texasattorneygenera.../2012/htm/ga0970.htm

Above AG opinion relates to the topic, specifically what constitutes a debt.

We are currently working on similar documentation....could I get a copy of your form as well?
Thanks
Mike Hartman
Scurry County Attorney
scurryca@suddenlinkmail.com