Require the senior official to use leave for workdays on which he did not actually perform work for the State or to repay the State the amount of salary he received for those days.
Mental Health stated that it is unlikely to recover any portion of the senior official's salary as it was unable to evaluate the senior official's workdays. In addition, even though Mental Health expected a 40-hour workweek from the senior official, it stated more or less than eight hours on individual days was permissible. Further, Mental Health stated that it had no documented evidence that the senior official failed to perform many of his duties. Finally, Mental Health indicated that even if it were able to determine the salary amount the senior official earned on workdays he did not actually perform work for the State, it could not seek to recover those costs since he no longer is employed by the State.