CROWN POINT | Lake County Coroner Thomas Philpot has returned $29,948 to the county after being told he improperly pocketed as county clerk.

Lake County Attorney John Dull issued an opinion Friday that Philpot needed permission from the County Council to divert $24,704 to himself between 2004 and 2009. Dull said Philpot should repay that amount along with $5,243 in interest that would have accrued since 2004.

Philpot, who left the clerk's office at year's end to become county coroner, presented the clerk's office with a check for $29,948 late Friday afternoon, according to the county auditor's office.

Philpot began giving himself bonuses from the Clerk's Child Support IV-D No. 428 Fund, which is federal money the state distributed to county clerks as an incentive to enforce the collection of court-ordered child support payments.

State officials said this week the money only can be used as salary bonuses with council approval. Council members said last week they were surprised to learn Philpot received the money because they never approved it in any of their budgets.

Elected officials and employees have received few across-the-board raises in the last six years, but Dull said Philpot helped himself to $3,101 in 2004, $3,146 in 2005, $4,249 in 2006 and $14,206 last year. He took no payments from the fund in 2007 and 2008.

Dull said Philpot apparently took the money last year on the advice of Hammond attorney David Saks, whom the county paid to provided the clerk with legal advice. Saks stated in a written opinion in November 2008 that Philpot could give himself the money in the same way hundreds of other county employees receive so-called supplemental pay.

The supplemental pay comparison was faulty and state law requires Philpot to receive council approval to increase his salary, Dull said, adding that Philpot should repay his salary bonuses in addition to $5,243.39 in interest that should have accrued over the years in question.

Saks acknowledged Saturday he made a factual error in his advise to Philpot. He said Philpot returned the money once Dull rendered his opinion.

Philpot, who has indicated he might run for sheriff this year, didn't returned telephone calls requesting comment.

County payroll records indicate Philpot also paid another $16,000 to two top managers and more than $10,000 to another 11 employees. Dull said the council approval requirement only applies to Philpot's pay.