Ken Paxton’s deputy demands back pay for months the attorney general was suspended

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.”

“Public servants may continue to receive a salary while on leave for investigatory purposes,” wrote First Assistant Attorney General Brent Webster.

Paxton, who was impeached by the House in May and automatically suspended from his duties, was reinstated as attorney general following the conclusion of his trial in the Senate on September 16. Paxton was acquitted on 16 counts that centered around allegations he received bribes from friend and political donor Nate Paul, and he retaliated against whistleblowers within his office. Four other charges were then dismissed by the Senate.

In June, the comptroller announced that Paxton would not be paid his $153,750 annual salary while suspended, which the comptroller’s office said was consistent with the state constitution. Paxton’s office, however, is arguing that while being impeached does require an officeholder to be suspended from official duties, the constitution does not clearly state whether or not that officer should go without pay. In some circumstances, Texas government code allows for an agency head to grant an employee leave without deducting their pay, and Webster that said this should apply to Paxton during his suspension.

In a short statement, a Hegar spokesman did not address the substance of Paxton's complaint, but said the agency was reviewing the letter. But Hegar defended his handling of Paxton's pay in a radio interview last week, saying state law is "very clear in our opinion."

In the letter, Webster also indicates that the comptroller has sought to recover money that Hegar’s office believes was “overpaid” to Paxton. The attorney general denied that request to return money, instead putting the comptroller on notice that he had “created legal liability for the State of Texas” by not offering Paxton the back pay.

“This office is considering all legal avenues to correct this injustice," Webster wrote.

Paxton has singled out Hegar in a post-trial media tour, criticizing him for withholding the pay.

In an interview Thursday with Lubbock radio host Chad Hasty, Hegar stood by the decision. He suggested that there were two state laws guiding his office's decision.

"[The] state Legislature, [on] two different occasions, one, they essentially changed state law, state statutes, and they changed the state Constitution that the voters approved to allow employees of the state — certain employees, but not state officeholders — and they also enabled judges both to be on essentially leave with their pay at times," Hegar said, "but it doesn’t apply to us [as state officeholders], and the law is clear."

Patrick Svitek contributed reporting.

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This article originally appeared in The Texas Tribune at https://www.texastribune.org/2023/09/25/ken-paxton-impeachment-back-pay/.

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