The petition was filed by Karnes County Attorney Robert Busselman on April 21 claiming that the county treasurer should be removed from office because of misconduct and/or incompetency.
Allegations of misconduct in the citation include:
• Issuing a check without prior approval of Commissioners Court.
• Making errors on W-2 forms distributed to county employees and refusing to correct the errors
• Errors made in quarterly reports and delivered late.
• Incompetency by failure to properly maintain the duties and responsibilities of the Karnes County Treasury Office as treasurer
A letter from County Auditor Lajuana Kasprzyk is attached to the petition.
In the letter Kasprzyk states that her department has and continues to issue corrections to items prepared by the county treasurer’s department including but not limited to daily receipts, bi-weekly payrolls, quarterly state and payroll reports.
It goes on to say that the auditor’s office reconciles all bank accounts and alerts the County Treasurer’s department of corrections to deposits, transfers between accounts, failures to receipt monies, etc.
Court documents filed on Malone’s behalf in answer to the petition deny each and every allegation and call upon the county attorney to prove the allegations by preponderance of evidence.
“The alleged acts of misconduct contained in paragraph 5 a-e of the petition, if true, do not constitute official misconduct, as a matter of law,” the court document states. “Specifically, each alleged act of misconduct does not constitute misconduct. Neither do the alleged acts taken together, if true, constitute official misconduct.”
The document goes on to say that the county treasurer has not demonstrated incompetency, but has instead performed competently throughout her term of office.
It also says that Malone has not intentionally failed to perform a duty imposed by law and has neither taken nor failed to take an action with evil intent and that she has done nothing without reasonable grounds to believe such action was lawful.
Court documents show a request from Malone’s attorney to depose two witnesses: Lajuana Kasprzyk, county auditor, and Maurice Yarter.