Our county treasurer has informed me that she has received the money sent out for prosecutor longevity, however she didn't receive additional instructions on how to disburse it. Consequently, she is not going to dispense our money until she knows how to do so. We have at least three long-term prosecutors here and we all were wondering if anyone could direct us to somewhere to get something that can be shown to her so that we can get paid.
The statute gives specific instructions. The formula is there, and instructions that if the amount sent isn' sufficient (which it isn't this time around), the amounts paid will be proportionately reduced.
The comptroller tells us, by the way, that the fund is looking good, and the shortfall this check should be made up in the next check!
You can find the statute at 41.251 et seq, Government Code. Be sure to check the pocket part!
I copied the sections regarding the longevity funding. However, I am now told that the problem is that the Comptroller didn't send any instructions to our County Treasurer regarding what percentage this is of the actual amount. She received a lunp sum check and not any details about what the amount on the check represented. I told her it represented %46 percent of the amount for the quarter - she wanted to know where I got this information. I told her this website, but she said she can't rely on that to fix the amounts for each prosecutor. She asked me to look for something "official" but she doesn't want to call the Comptroller's office. Today was the first regular pay period for this month and needless to say, we didn't get paid our longevity. Can you direct me to an "official" source?
If they refuse to read the law, which states that if they get less than the amount owed to all assistants they shall divide the $$$ up, then tell them to call Leonard Higgins at the Comptroller's Office who runs this program....his number is 512-936-6100....Tell her to get you your money!
Based on analogy to Atty.Gen.Op. JC-0227, it appears the only thing which should be deducted from the $20/month is the employee's share of employment taxes (and perhaps income tax withholding). But, an additional 7.65% must be paid to the federal government by someone. Is the comptroller reimbursing this amount to the counties as well?
