August 9, 2000 In the Matter of the Petition by NEOTA MCINTYRE 1257 E. 83rd Street at Brooklyn, NY 11236-4932 P.S. Docket No. DCA 00-177 APPEARANCE FOR PETITIONER: Charles Scialla Scialla Associates, Inc. 453 Preakness Avenue, #5 Paterson, NJ 07502-1121 APPEARANCE FOR RESPONDENT: Kenneth A. Levine, Esq. New York Metro Law Office United States Postal Service 380 West 33rd Street, Room 4516 New York, NY 10199-9003
FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982
Petitioner, Neota McIntyre, filed this Petition on May 17, 2000. In her Petition, Petitioner asserted that the Postal Service had withheld $5,808.28 from her salary without issuing her a Notice of Involuntary Administrative Salary Offsets, as required by the Debt Collection Act. With its Answer, Respondent, the United States Postal Service, filed a copy of a Notice of Involuntary Administrative Salary Offsets addressed to Petitioner, dated October 23, 1997, and containing a signature that purports to be that of Petitioner, indicating that she received it. Respondent argued, therefore, that the Petition was not timely filed and that this case should be dismissed.
In her reply to Respondent's motion to dismiss, Petitioner stated that the signature on a Form 3239, Payroll Deduction Authorization to Liquidate Postal Service Indebtedness, was not hers. She reiterated her claim that the Postal Service had withheld money from her without following proper procedures. Because it appeared that Petitioner may not have understood the basis for Respondent's motion to dismiss, a telephone conference with Petitioner's representative and the Postal Service representative was held on August 1, 2000. It was made clear that the Form 3239 was not an issue, and that Respondent's motion is based on the assertion that Petitioner received a Notice of Involuntary Administrative Salary Offsets in October 1997, and failed to file a timely Petition.
Petitioner's representative agreed to discuss the matter with Petitioner again and file any further reply by August 7, 2000. Petitioner has replied, again stating that she did not sign the Form 3239, Payroll Deduction Authorization to Liquidate Postal Service Indebtedness.
The following findings of fact are pertinent in resolving this case, and are based on the documents filed by the parties.
FINDINGS OF FACT
1. At the times pertinent to this case, Petitioner was Supervisor of Customer Service at Vanderveer Station in Brooklyn, NY. On October 3, 1997, Petitioner was issued a Notice of Debt Determination from her supervisor, Mr. Menasche, stating that Petitioner owed the Postal Service $5,808.28. This was based on audits of the main stock at Vanderveer Station on August 29 and September 9, 1997. (Answer, Ex. 1).
2. On October 23, 1997, Mr. Menasche issued Petitioner a Notice of Involuntary Administrative Salary Offsets, stating the Postal Service's intention to withhold $5,808.28 from her salary to collect the alleged indebtedness. Petitioner received and signed the Notice on or about that same date. Attached to the Notice was a Statement of Debtor's Rights and Responsibilities, spelling out Petitioner's appeal rights and cautioning that a petition for hearing under the Debt Collection Act must be filed within 15 days. (Answer, Ex. 2).
3. Sometime thereafter, Mr. Menasche signed a PS Form 3239, authorizing deductions to be made from Petitioner's salary on an involuntary basis. A Form 3239 contains a block labeled "Voluntary Authorization," to be signed by an employee who agrees to repay a debt. The form also contains a block labeled, "Involuntary Authorization," to be signed by a supervisor if the employee declines to repay voluntarily but does not challenge the debt through prescribed procedures. Mr. Menasche signed the Involuntary Authorization block. The Postal Service began making deductions from Petitioner's salary in December 1997. (Attachments to Petition).
DECISION
The Debt Collection Act and Respondent’s implementing regulations require that a petition for a hearing be filed within 15 days after receipt of a Notice of Involuntary Administrative Salary Offsets. 5 U.S.C. §5514(a)(2); Employee and Labor Relations Manual 452.331; 39 C.F.R. §961.4. This 15-day requirement is made clear in the Statement of Debtor’s Rights and Responsibilities, which was provided to Ms. McIntyre. An employee may be deemed to have waived her right to a hearing if the petition is filed after the 15-day period and the employee "fails to demonstrate to the satisfaction of the Hearing Official good cause for the delay." 39 C.F.R. §961.10(a).
Ms. McIntyre's Petition was filed more than 2½ years late. Her focus on the Form 3239 is misplaced. The Postal Service does not claim that she signed that form. The Postal Service simply argues that she was required to file her Debt Collection Act Petition within fifteen (15) days after receiving the Notice of Involuntary Administrative Salary Offsets on October 23, 1997. Petitioner has not denied that she signed the receipt for the Notice of Involuntary Administrative Salary Offsets, and has offered no excuse for the late Petition. Accordingly, Respondent's motion is granted and the Petition is dismissed.
Bruce R. Houston Chief Administrative Law Judge