Over the years, paycheck errors have occurred on a minimal basis resulting in either a repayment to the employee, or from the employee to the County. Regardless of the situation, the internal process and best practice used by the HR Department has been to:

1. Research the error;
2. Notify the affected employee when error is verified;
3. Provide the employee an agreement which authorizes the County to reimburse funds, or recoup funds; and
4. Correct the error.

In FY2018, HR conducted various audits throughout the year due to the new MUNIS system that launched at the beginning of the fiscal year impacting both HR and Payroll functions. As a result, HR identified multiple instances resulting in County employees either being overpaid, or underpaid.  In accordance with the practice described above, HR has been following its proper protocols. However, because FY2018 produced a significantly higher amount of errors than compared to recent years, HR requested a legal opinion of this matter on September 25, 2018.

Among many items, this legal opinion found the following:

1. Absent the Commissioners Court authority for the payment of additional compensation, and despite the potential that the compensation may have been a result of data entry error, in this instance, the overpayment is recoverable by the County;
2. Commissioners Court is given express authority to set the amount of compensation and other allowances for officers and employees who are paid wholly from County funds; (LGC 152.011)       
3. Payroll deduction requires an employee request (agreement); (LGC 155.001-155.002) and
4. Request for payroll deduction must be approved by the Commissioners Court. (LGC 155.001-155.002)

As a result, HR is requesting the Court provide guidance and direction on this matter as it relays to salary overpayments of affected employees in FY2018, and other employees going forward.

As of 11/28/2018, total Amount owed to the County: $60,898.35

• Amount Paid: $12,048.90
• Balance Due: $48,849.45