AOR-543. The Texas Ethics Commission has been presented with the following facts and the following questions relating to the facts:
A court employee diligently carrying out his or her responsibilities fails to take vacation time at the rate desired by the county. The workload did not make taking time off at the rate desired by the county practical. Nevertheless, the county chooses to deny this benefit to the employee and the employee loses vacation time.
The question is whether the judge may use political funds to fairly and reasonably compensate the employee when the county fails to do so. If so, may the judge use personal funds to compensate the employee, disclose the expenditure as a political expenditure made from personal funds, and preserve the right to seek reimbursement from political funds by reporting the expenditure on Schedule G and checking the box indicating that the expenditure is subject to reimbursement from personal funds?
The Texas Ethics Commission is authorized by §571.091 of the Government Code to issue advisory opinions in regard to the following statutes: (1) Chapter 572, Government Code; (2) Chapter 302, Government Code; (3) Chapter 303, Government Code; (4) Chapter 305, Government Code; (5) Chapter 2004, Government Code; (6) Title 15, Election Code; (7) Chapter 159, Local Government Code; (8) Chapter 36, Penal Code; and (9) Chapter 39, Penal Code.
Questions on particular submissions should be addressed to the Texas Ethics Commission, P.O. Box 12070, Capitol Station, Austin, Texas 78711-2070, (512) 463-5800.
TRD-200801447
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Filed: March 14, 2008