Rodney K. Williams, CSC Docket No. 2019-82

BackgroundRodney K. Williams, a Senior Correctional Police Officer1 with the Department of Corrections, represented by Nathan Van Embden, Esq., requests a waiver of an overpayment of his vacation time entitlements, pursuant to N.J.S.A. 11A:3-7, which provides that when an employee has erroneously received a salary overpayment, the Civil Service Commission (Commission) may waive repayment based on a review of the case.

As background, by letter dated May 23, 2018, the appointing authority notified Williams that, as a result of an audit of his annual vacation time, it was revealed that he had been incorrectly credited with additional vacation time on various occasions since January 1, 1996. The May 23, 2018 letter attached a balance sheet showing the vacation time Williams was credited with in comparison to the vacation time that he should have been credited with. The letter further indicated that the “administrative error has resulted in [Williams] using more vacation leave than [he] is entitled to use” and that he was responsible to repay 481.5 hours of such time pursuant to N.J.A.C. 4A:6-1.5(a). Additionally, by way of a May 29, 2018 memorandum, the appointing authority notified Williams that he was overdrawn 481.5 hours and, as a result, he was required to repay $12,697.63.

1 It is noted that the State Time and Leave Reporting System (TALRS) records indicating that Williams was permanently appointed to a position effective July 23, 1988. A review of the County and Municipal Personnel System (CAMPS) reveals that Williams was employed in Cumberland County as a School Superintendent from July 1986 to July 1987, as a County Correction Officer from March 1991 to August 1991, and as a Buildings and Grounds Maintenance Worker from August 1991 to October 1995. Williams was appointed as a Correction Officer Recruit effective September 30, 1995 with the Department of Corrections and as Senior Correction Officer effective September 28, 1996. Effective May 12, 2018, the title of his position changed to Senior Correctional Police Officer.

Appellant's argumentIn his request to the Civil Service Commission (Commission), Williams maintains that at no point was he overdrawn with respect to his vacation time entitlements.2 As such, Williams requests that the alleged repayment amounts be waived by the Commission pursuant to N.J.A.C. 4A:3-4.21. Moreover, Williams argues that he was reasonably unaware of the error, the alleged overpayment amount was the result of an administrative error, and the repayment of the vacation time would cause him to experience a financial hardship given the length of time involved and the significant amount that has accrued.

Appointing authority's argumentIn response, the appointing authority maintains that Williams is responsible for repayment of the overpaid vacation leave entitlements that he used. However, the appointing authority states that it is unaware of why he was over-credited vacation leave on various occasions or why the error occurred. In support, the appointing authority provides documentation with respect to the dates that Williams allegedly overused his vacation time.

The appointing authority’s original TALRS records with respect to Williams’ vacation entitlements3 are as follows:

Effective Vacation Time Vacation Time Balance Salary Date Credited Used 1995 24 hours 24 hours 0 hours $31,805.15 1996 120 hours (15 days) 120 hours 0 hours $34,986.67 1997 120 hours 120 hours 0 hours $37,980.30 1998 120 hours 64 hours 56 hours $41,140.63 1999 120 hours 176 hours 0 hours $44,690.51 2000 160 hours (20 days) 152 hours 8 hours $56,380.28 2001 160 hours 160 hours 8 hours $58,635.51 2002 160 hours 144 hours 24 hours $60,980.96 2003 160 hours 160 hours 24 hours $60,980.96 2004 160 hours 184 hours 0 hours $64,004.45 2005 160 hours 152 hours 8 hours $66,590.16

2 Williams also speculates that he may have received more vacation time as a result of stipulations arising from a separate court matter. However, he does not provide any evidence in support of that assertion. 3 The appointing authority did not provide a copy of Williams’ TALRS records prior to 1998.

However, it provides a chart of his TALRS records dated from 1995 through 2018 showing the original credited vacation hours in comparison to the corrected vacation hours for the same timeframe.

2006 160 hours 144 hours 24 hours $72,136.39 2007 160 hours 136 hours 48 hours $74,661.11 2008 200 hours (25 days) 152 hours 96 hours $77,274.29 2009 200 hours 176 hours 120 hours $77,274.29 2010 200 hours 175 hours 145 hours $78,819.82 2011 200 hours 232 hours 113 hours $80,396.18 2012 200 hours 290 hours 23 hours $80,396.18 2013 200 hours 221.5 hours 1.5 hours $81,803.11 2014 200 hours 200.5 hours 1 hour $83,030.16 2015 200 hours 184 hours 17 hours $83,030.16 2016 200 hours 172 hours 45 hours $83,030.16 2017 200 hours 238.5 hours 6.5 hours $83,030.16 2018 200 hours 32 hours 174.5 hours $85,105.91

. The appointing authority’s corrected TALRS records with respect to Williams’ vacation entitlements are as follows:

Effective Vacation Time Vacation Balance Salary Date Credited Time Used 1995 24 hours 24 hours 0 hours $31,805.15 1996 96 hours (12 days) 120 hours -24 hours $34,986.67 1997 96 hours 120 hours -48 hours $37,980.30 1998 96 hours 64 hours -16 hours $41,140.63 1999 96 hours 176 hours -96 hours $44,690.51 2000 120 hours (15 days) 152 hours -128 hours $56,380.28 2001 120 hours 160 hours -168 hours $58,635.51 2002 120 hours 144 hours -192 hours $60,980.96 2003 120 hours 160 hours -232 hours $60,980.96 2004 120 hours 184 hours -296 hours $64,004.45 2005 120 hours 152 hours -328 hours $66,590.16 2006 120 hours 144 hours -352 hours $72,136.39 2007 160 hours (20 days) 136 hours -328 hours $74,661.11 2008 160 hours 152 hours -320 hours $77,274.29 2009 160 hours 176 hours -336 hours $77,274.29 2010 160 hours 175 hours -351 hours $78,819.82 2011 160 hours 232 hours -423 hours $80,396.18 2012 160 hours 290 hours -553 hours $81,803.11 2013 160 hours 221.5 hours -614.50 hours $83,030.16 2014 160 hours 200.5 hours -655 hours $83,030.16 2015 200 hours (25 days) 184 hours -639 hours $83,030.16 2016 200 hours 172 hours -611 hours $83,030.16 2017 200 hours 238.5 hours -649.50 hours $83,030.16 2018 200 hours 32 hours -481.50 hours $85,105.91

The above record reflects that Williams was over credited with respect to his vacation leave entitlements for every full year of his employment beginning at the time of his appointment as a Correction Officer Recruit on September 30, 1995 through 2014.

BackgroundIt is noted that the parties do not provide any other information or additional arguments in this matter.

CONCLUSION

N.J.A.C. 4A:3-4.21, Salary overpayments: State service, provides as follows:

(a) The [Commission] may waive, in whole or in part, the repayment of an erroneous salary overpayment, or may adjust the repayment schedule based on consideration of the following factors:

1. The circumstances and amount of the overpayment were such that an employee could reasonably have been unaware of the error;

2. The overpayment resulted from a specific administrative error, and was not due to mere delay in processing a change in pay status;

3. The terms of the repayment schedule would result in economic hardship to the employee.

N.J.A.C. 4A:6-1.2, Vacation leave, provides in relevant part that:

(a) Full-time State employees in the career service shall be entitled to annual paid vacation leave, credited at the beginning of each calendar year in anticipation of continued employment, based on their years of continuous State full-time or part-time service in the career, senior executive or unclassified service. See (c) below for definition of continuous service.

* * * * *

2. After the initial month of employment and up to the end of the first calendar year, employees shall receive one working day for each month of service. Thereafter, employees shall receive paid vacation leave as follows:

i. From the beginning of the first full calendar year of employment and up to five years of continuous service, 12 working days;

ii. After five years of continuous service and up to 12 years of continuous service, 15 working days;

iii. After 12 years of continuous service and up to 20 years of continuous services, 20 working days;

iv. Over 20 years of continuous service, 25 working days.

3. An increase in vacation leave shall be granted at the beginning of the calendar year in which the years of service requirement will be met.

* * * * * (c) Continuous service, for the purposes of this section, shall mean employment for the same jurisdiction . . . without actual interruption due to resignation, retirement or removal.

In this matter, Williams requests a waiver of the vacation time overpayments. He argues that he was reasonably unaware of the error, the alleged overpayment amount was the result of an administrative error, and the repayment of the vacation time would cause him to experience a financial hardship. The appointing authority argues that, although Williams is responsible for repaying the overpayment, it is unaware of the reason why and how the administrative error occurred with respect to the overpayments. Although Williams was clearly over credited for his vacation leave time, as will be more fully explained below, the Commission finds there is sufficient cause in this matter to grant his request and waive the overpayment of the vacation leave entitlements.

An illustration of the actual vacation amounts Williams received in comparison to the amounts he should have received from 1996 through 1999 is as follows:

Actual Vacation Time Credited vs. Corrected Amount of Time

Year Hours Year Hours

1996 120 (15 days) 1996 96 (12 days)

1997 120 1997 96

1998 120 1998 96

1999 120 1999 96

__________________ __________________

Total Hours: 480 Total Hours: 384

Difference in Amount (480-384) = 96 hours

An illustration of the actual vacation amounts Williams received in comparison to the amounts he should have received from 2000 through 2007 is as follows:

Actual Vacation Time Credited vs. Corrected Amount of Time

Year Hours Year Hours

2000 160 (20 days) 2000 120 (15 days)

2001 160 2001 120

2002 160 2002 120

2003 160 2003 120

2004 160 2004 120

2005 160 2005 120

2006 160 2006 120

2007 160 2007 160

___________________ _________________

Total Hours: 1,120 Total Hours: 840

Difference in Amount (1,120-840) = 280 hours

An illustration of the actual vacation amounts Williams received in comparison to the amounts he should have received from 2008 through 2014 is as follows:

Actual Vacation Time Credited vs. Corrected Amount of Time

Year Hours Year Hours

2008 200 (25 days) 2008 160 (20 days)

2009 200 2009 160

2010 200 2010 160

2011 200 2011 160

2012 200 2012 160

2013 200 2013 160

2014 200 2014 160

_____________________ __________________

Total Hours: 1,400 Total Hours: 1,120

Difference in Amount (1,400-1,120) = 280 hours

Accordingly, from 2008 through 2014, Williams was over credited with 280 hours of vacation leave. Therefore, from 1995 through 2014, Williams was over credited with a total of 656 hours of vacation time.4

Additionally, per N.J.A.C. 4A:6-1.2, employees who are employed over 20 years of continuous service receive 25 working-days of vacation time. The record reflects that Williams was properly credited with 200 hours or 25 working days of vacation time, which was the correct amount of vacation leave entitlements for that timeframe. Unused vacation time from 2015 through 2018 was carried over which resulted in the final balance owed of 481.5 hours.

In this matter, the parties do not materially dispute that the overpayments as noted above occurred. The appointing authority acknowledges in its May 23, 2018 letter that an administrative error occurred with respect to the vacation leave entitlements. Although it states that it is unaware of how and why the error occurred, it appears that the appointing authority incorrectly took Williams’ service in Cumberland County into account when his vacation leave entitlements were originally calculated. Additionally, the record reflects that the overpayments occurred unnoticed over a period of 20 years. There is no reason for Williams to have believed his balances were incorrect as he was awarded such leave over that extended period of time and the periodic increases in vacation time would have appeared consistent with his overall governmental service. Accordingly, given that the error extended for such an unfathomable length of time, based on equitable considerations, the Commission finds that the circumstances of the instant matter warrant granting the requested relief. Therefore, Williams is not responsible for repayment of over-credited vacation leave. See, e.g., In the Matter of D.R., Department of Law and Public Safety (CSC, decided November 19, 2019); In the Matter of Fay Catando (Commissioner of Personnel, decided April 5, 2006); and In the Matter of Daniel Watson (Commissioner of Personnel, decided February 14, 2002). Finally, it is noted that this decision is based on the particular facts and circumstances presented and shall not be used as a precedent in any other matter.

ORDER

Therefore, it is ordered that this request for waiver of the repayment of the overpayment of vacation leave entitlements be granted.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.

4 According to the appointing authority’s calculation, this number was 655 hours. As this matter is being granted, this discrepancy need not be reconciled.