Public Record Clarification

Payroll Records

When he took the JP Bench at the Chimney Rock Court, Mark ended a practice of employees of the court “donating” time to Harris County.  In the previous generation of JP Judges, some required that certain work tasks be completed before a clerk went home at the end of a week.  It was common practice, over time, for clerks to maximize the 240 hour ceiling provided by Harris County for employees to “bank” overtime hours worked – but then for the Judge to require additional overtime be worked, without compensation.  Mark’s predecessor was one of those Judges who followed the practice.  It was the practice of an earlier generation.

Mark was confronted with this dilemma his very first week on the job as a new JP Judge.  A strong believer in “an-hour-worked-for-an-hour-of-compensation”, Mark put an immediate end to the practice.  In order to effectuate the change in the short-term, however, time worked over the 240-hours-specified by the county was banked in a bound ledger maintained by the payroll clerk.  For a time during his early tenure, four employees booked time into the bound ledger and then later took time off against the accrued balance in the ledger.

Years later, when Mark fired an employee “for cause”, the former employee quickly went to the U.S. Department of Labor to report that earlier the payroll records of Mark’s court were kept non-traditionally.  The Department of Labor investigated and later reported that the system of time keeping, though non-traditional, was fair and accurate.  However, the County Auditor at the time decided that the practice constituted the technical elements of the crime of “Tampering with Government Records” – because the bound ledger was not part of the “official” county records.  The Auditor insisted that the Harris County District Attorney indict Mark.

Mark never imagined that the action he took to honor “an-hour-worked-for-an-hour-of-compensation” could be construed as criminal.  Mark was simply trying to do the right thing for his employees.  However, criminal charges were filed, and Mark was charged.

The State Commission on Judicial Conduct became involved.  The Commission understood Mark’s good intent in instituting this ill-advised program, and worked with Mark to find a way to move forward.  It is important to note that Mark’s Judicial demeanor and conduct was never called into question.  This was an administrative matter – an administrative decision he made as he looked for a way to end an established and ingrained system of forcing employees to donate time.

The criminal charges were heard before State District Court Judge George Godwin.  Judge Godwin determined that Mark’s resignation of his JP bench was punishment enough.  After he resigned the bench, Mark’s criminal charges were dismissed.  Mark then went to work for Harris County Commissioner Steve Radack.

Contrary to assertions made by Mark’s opponent, a two-year period of deferred adjudication was not required by Judge Godwin.  There was never any allegation that Mark or his clerks ever benefitted from the arrangement.  The Houston Chronicle printed an inaccurate story which claimed – without basis – that one clerk benefitted $13,000.  But the court records, charging documents and file show no evidence of any such allegation of benefit.  The specious claim, first made by the Chronicle, was without basis and is now recklessly being repeated by Mark’s opponent.