Noack Sues Auditor Over Unapproved Staff Salaries

**Commissioner Noack Sues Auditor Pandey to Block Salary Payments in County Attorney’s Office**

**CONROE, TX – March 20, 2024** – Montgomery County Commissioner James Noack has initiated legal action against County Auditor Rakesh Pandey, filing a lawsuit on Tuesday, March 19, to prevent salary payments for 16 employees within the County Attorney’s office, including First Assistant County Attorney Amy Dunham. The legal challenge centers on allegations that these employees received salary increases without the necessary approval from the Commissioners Court, a move Noack argues violates proper procedure and state law.

Filed in the 9th District Court in Conroe, Noack’s lawsuit seeks a temporary restraining order to immediately halt the contested payments, citing concerns about the potential misappropriation of public funds and the paramount need for compliance with the Local Government Code.

According to the lawsuit, Commissioner Noack contends that County Attorney B.D. Griffin’s authority to set salaries is limited to his direct staff and does not extend to the entire department. He asserts that the Commissioners Court holds the ultimate authority over budget matters and all significant salary adjustments for county employees, as mandated by the Local Government Code.

“This lawsuit is not about the individuals working hard for our county; it’s fundamentally about upholding the rule of law and ensuring fiscal accountability,” Commissioner Noack stated in an interview. “The Commissioners Court is the final arbiter of how taxpayer dollars are spent in Montgomery County, and any salary adjustment must go through the proper, legally defined channels. We cannot allow unauthorized expenditures to become precedent.”

The dispute began to escalate earlier this month. On March 6, Commissioner Noack formally requested an official opinion regarding the legality of these specific salary increases. Just two days later, on March 8, Auditor Pandey responded by freezing the disputed salary payments, initiating a review into their legitimacy. The matter gained public traction during a Commissioners Court meeting on March 12, when County Judge Mark Keough publicly voiced his support for the Auditor’s decision to freeze the payments, emphasizing the critical importance of adhering to proper process and financial oversight.

“My support for the Auditor’s decision stems from a deep commitment to fiscal responsibility and due process,” Judge Keough commented during the meeting. “Every department must operate within the established legal and budgetary framework that governs our county.”

Attempts to reach County Attorney B.D. Griffin for comment regarding the lawsuit and the basis for the salary increases were unsuccessful as of press time. However, sources familiar with the County Attorney’s office’s position, who requested anonymity due to the ongoing legal action, suggest that the office may argue it has inherent authority to manage internal staffing and compensation within its overall allocated budget. This interpretation often forms the basis of such disputes regarding the specifics of the Local Government Code and departmental autonomy.

The legal action underscores ongoing tensions regarding the balance of power between departmental heads and the Commissioners Court in matters of personnel and budget. The outcome of this case could set a significant precedent for how employee compensation is managed across Montgomery County departments in the future.

All eyes are now turned towards Friday, March 22, when a hearing on the matter is scheduled for 9:00 AM. The court’s decision will determine whether the contested salary payments remain frozen or are allowed to proceed, potentially shaping the future of fiscal oversight in Montgomery County government.