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State Auditor: Double dipping general may have understated amount he owes

by Mark Greenblatt / 11 News

Posted on October 29, 2009 at 11:56 AM

HOUSTON -- A new report just released by the Texas State Auditor spells more trouble for the general who once ran the National Guard in Texas.

Monday, the Auditor’s office released its first written report to the Senate Finance Committee and House Appropriations Committee as part of an ongoing state investigation, prompted by a series of KHOU reports.

The new Auditor’s report concludes that General Charles Rodriguez, who is accused of collecting both state and federal paychecks for the same work period, may owe tens of thousands of dollars more than he previously claimed.

Rodriguez told KHOU he only had to pay back $53,000 in double pay.  But the audit says that number may be too low.

KHOU previously reported that the Governor’s Office allowed the Adjutant General’s Office to calculate repayment amounts on its own, without asking an outside state agency to oversee the matter.

Now, the State Auditor concludes Rodriguez may have to pay back money for an additional 425 hours of double pay and recommends the department seek a legal review of its calculations.

The report also has concluded that Rodriguez’s office failed to calculate how much two other generals who double dipped should pay back. 

It recommends that for “all general officers who have served as members of the command group since 2003 and who have not yet reimbursed the State, (the state) calculate the amount that these individuals owe the State as a result of using emergency leave while serving on federal military orders, and refer this information to the Office of the Attorney General.”

The report further found that a total of five generals had allegedly used emergency leave in order to be paid by the State of Texas even while they served on federal orders. It found the group of generals used the leave in increasing amounts from 2003-2008, until the practice was forbidden this year. 

They began by using just 89 hours of emergency leave in 2003, but increased to 1,380 hours by 2006 before using a peak amount of 2,054 hours of emergency leave in 2008. 

The report also concludes that The Adjutant General’s Office broke the law by not reporting the possible misappropriation of state funds to the State Auditor’s Office.

The Public Integrity Unit of the Travis County District Attorney’s Office is also doing its own criminal investigation into the matter that remains ongoing. 

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