County accepts 'concerning' constable audit

The Hays County Commissioners Court accepted an internal audit of Constable Precinct 3’s Office during its Tuesday meeting that described several internal weaknesses. 

“It's very concerning,” Commissioner Debbie Ingalsbe said. 

The commissioners court item was only to accept the audit of all financial duties from April 1, 2018 to July 31, 2020. 

The Hays County Constable at the time, Ray Helm, resigned on Aug. 7, 2020 and Don Montague was appointed in his place. 

“This calls for further action as well that could involve litigation or other investigations,” Commissioner Lon Shell said. “Extremely concerned.”

The audit found that the office routinely submitted monthly financial revenue reports more than one month late — around half of all reports. 

They also routinely submitted the monthly off-duty employment reports, as well as a substantial decrease in revenues compared to prior periods; $60 earned compared to $3,839.50 for a 15-month period. The report stated that the deputy constables were unwilling to provide their monthly off-duty employment report for the review period. 

The office routinely closed receipt tills more than seven days after the till deposit date. 

The auditor also found misappropriation of county assets; generally county personnel, vehicles and equipment being misappropriated at the direction of an elected official by participating in private commercials. They also allowed an unauthorized employee to take home a county vehicle expending $1,019.92 in fuel without commissioners court approval. 

The auditor recommended that the office increase ethics and whistleblower training to ensure employees understand their rights when, and obligations to report fraud. 

There were also untimely deposits of funds into the County Treasury, incorrect payment of Helm’s own civil paper fees and modifications to the correct fee amounts, inadequate documentation for Law Enforcement Officer Standard and Education Fund expenditures and improper acceptance of donations. 

Helm accepted donations of a firearm, firearm equipment and ammunition without the approval of the commissioners court. 

Management’s response was that this audit was initiated prior to the current constable taking office and since then, they have trained employees and implemented internal controls to combat the issues that arose.