March 14, 2001 In the Matter of the Petition by ROBERT D. SWIFT 8149 Canyon Oak Drive at Citrus Heights, CA 95610-0639 P.S. Docket No. DCA 00-497 APPEARANCE FOR PETITIONER: Robert D. Swift 8149 Canyon Oak Drive Citrus Heights, CA 95610-0639 APPEARANCE FOR RESPONDENT: Gerald Cager Labor Relations Specialist United States Postal Service 3775 Industrial Boulevard West Sacramento, CA 95799-0061
FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982
Petitioner, Robert D. Swift, filed a timely Petition after receiving a Notice of Involuntary Administrative Salary Offsets on December 1, 2000. The Notice stated the Postal Service’s intention to withhold $806.67 from Petitioner’s salary to recover alleged salary overpayments.
Petitioner elected a hearing on written submissions and both parties were given the opportunity to file evidence and arguments in addition to that contained in the Petition and Postal Service Answer. Neither party did so. Therefore, the following findings of fact are based on the materials filed with the Petition and Answer.
FINDINGS OF FACT
1. In March of 1997, Petitioner suffered a foot injury. As a consequence, he requested and was granted a change in career paths from Mail Carrier to Custodian. As a result, Petitioner was downgraded from PS-5 to PS-3, Step A, effective May 10, 1997. (Petitioner’s Statement of Facts; Answer, Exhibit 1).
2. The Postal Service later determined that Petitioner should have been placed in PS-3, Step AA, a pay level lower than Step A, at least until August 16, 1997. The error was corrected, effective pay period 3/98. (Answer, Exhibits 2, 3).
3. The erroneous placement of Petitioner in Step A instead of Step AA resulted in Petitioner receiving salary overpayments totaling $806.67 during pay periods 11/97 to 22/97 (Answer, Exhibits 3 and 4).
4. Petitioner was concerned that there was an error in his pay and that he was being overpaid. On occasions he informed his supervisor that he thought he was being overpaid. (Petitioner’s Statement of Facts).
5. Petitioner received a Letter of Demand on September 5, 2000, seeking repayment of $806.67. When Petitioner did not voluntarily repay the salary overpayment, the Postal Service issued him a Notice of Involuntary Administrative Salary Offsets on December 1, 2000, and Petitioner filed a timely Petition. (Petition and accompanying documents).
DECISION
Respondent’s position is that an administrative error that results in Petitioner being erroneously overpaid $806.67 in 1997 does not entitle the Petitioner to keep the erroneous salary payments. Petitioner argues that the error was not caused by him and that he made a reasonable effort to bring the error to the Postal Service’s attention. Petitioner further argues that the Postal Service should be barred from collecting this debt since they allowed three years to pass before commencing collection efforts.
Respondent has demonstrated by a preponderance of the evidence that Petitioner was overpaid in the amount alleged. Indeed, Petitioner does not dispute the amount or the fact that there were overpayments. The fact that postal officials were slow in correcting the error and beginning collection efforts does not relieve Petitioner of the obligation to pay back the overpayment.
Accordingly, the Petition is denied, and Respondent may collect $806.67 from Petitioner’s salary.
William K. Mahn Administrative Judge