September 15, 2000 In the Matter of the Petition by ELLEN STODDARD P. O. Box 404 at Anacortes, WA 98221-0404 P. S. Docket No. DCA 00-223 APPEARANCE FOR PETITIONER: Ellen M. Stoddard P.O. Box 404 Anacortes, WA 98221-0404 APPEARANCE FOR RESPONDENT: Carol A. Manago Labor Relations Specialist United States Postal Service P.O. Box 90204 Seattle, WA 98109-9401
FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982
Petitioner, Ellen Stoddard, filed a timely Petition after receiving a Notice of Involuntary Administrative Salary Offsets from her supervisor on June 7, 2000. This Notice stated the Postal Service's intention to withhold $1,701.94 from Petitioner's salary to recover a salary advance paid to her in July 1999.
Petitioner requested a hearing on written submissions. The parties were given an opportunity to file additional evidence and argument, beyond what was included with the Petition and Answer. Both parties did so. Respondent's submission included sworn statements from four witnesses. The following findings of fact are based on all the material submitted by the parties.
FINDINGS OF FACT
1. From September 1986 until June 2000, Petitioner was the postmaster at Arlington, Washington. (Stoddard Declaration; Brampton Declaration).
2. Petitioner did not receive her regular paycheck on July 23, 1999. This check should have been in the amount of $1,701.94, for pay period 15/99. To compensate her for the missing check, her Customer Service Supervisor, Michael Brampton, prepared a PS Form 1608, Emergency Salary Authorization & Receipt, for $1,701.94, and also issued three money orders to Petitioner totaling that amount. Both Mr. Brampton and Petitioner signed the Form 1608 in the appropriate block. (Brampton Declaration; Answer, Tab 2).
3. PS Form 1608 contains the following statement in the block signed by Petitioner:
I hereby certify that I have received the above
amount and will repay that amount upon
receipt of my salary check.
This requirement to promptly repay a salary advance is also found in Postal Service Handbook F-1, Post Office Accounting Procedures, §822.72, which sets forth all the steps for paying, and collecting back, interim salary payments. (Answer, Tab 8).
4. Petitioner later received the $1,701.94 payroll check dated July 23, 1999, and cashed it on August 10, 1999. (Answer, Tab 1).
5. After obtaining a copy of the July 23, 1999 check from the Postal Service Payroll Center in Minneapolis, Petitioner's supervisor issued her a letter of indebtedness in November 1999. Because Petitioner took no action to repay the salary advance, the Notice of Involuntary Administrative Salary Offsets was issued to her on June 7, 2000.
DECISION
Petitioner does not dispute any of the facts set forth above. Her objection to repaying the salary advance is based on an assertion that her supervisor improperly denied her medical leave under the Family Medical Leave Act, which resulted in her being improperly charged with annual leave and sick leave for a period of time that she was caring for her terminally ill father. She contends that the Postal Service owes her $14,400.
From the information that is available, it is difficult to evaluate the merits of Petitioner's claim. That claim, however, is not something that can be adjudicated in this Debt Collection Act proceeding, as it is not related in any way to the alleged debt. On July 29, 2000, Petitioner was given a salary advance based on non-receipt of her regular check. She later received the regular check, and cashed it on August 10, 2000. In accordance with the pertinent Postal Service regulation, and the agreement she signed when receiving the salary advance, she is obligated to repay the advance.
The Petition is denied. Respondent may collect $1,701.94 from Petitioner's salary.
Bruce R. Houston Chief Administrative Law Judge