‘Some employees improperly cashed out their annual leave’

The Board of Education has found out that some non-certified employees of the Public School System improperly cashed out their annual leaves and were ordered yesterday to return the money.

In a letter to Education Commissioner Rita A. Sablan, board chair MaryLou S. Ada instructed the commissioner to immediately implement specific directives to avert future incidents like these.

The board initiated the investigation after learning that some certified and non-certified personnel have been making illegal cash out of annual leaves. It was earlier alleged that Sablan herself, along with five other central office employees, had cashed out their annual leaves this year. The board’s decision yesterday, however, covered only non-certified personnel while it continues to look into similar actions among certified personnel.

“First, the BOE has determined that there have been cash out payments of annual leave to non-certified employees of PSS that violate BOE regulation… To ensure that there are no further violations of this regulation, the BOE directs you to immediately cease any cash payments for accrued annual leave to any non-certified employees of the PSS that are not accompanied by a concurrent ‘separation’ from PSS,” Ada told Sablan, adding that, as the regulation states, “separation” means a break from employment with the PSS for at least six consecutive months.

If there are future instances where the commissioner feels a waiver of this requirement is justified, Ada said that no checks can be issued until Sablan grants a waiver to the separation requirement in writing. The commissioner also needs to bring this waiver before the full board for action—to either concur or decline the waiver.

Sablan’s office issued a “no comment” response yesterday when sought for comments.

Ada also instructed Sablan yesterday to contact any non-certified employees who have been paid their annual leave without separation from PSS to inform them about this violation of policy.

The board is giving these employing four options on how to repay or return the money.

First, the employee may elect to repay the entire amount within 30 days. Second, the employee may elect to agree to the elimination from their balance of accrued annual leave an amount that corresponds to the funds expended. Third, the employee may elect to repay PSS with a combination of the first two options. Fourth, the employee may leave PSS, without delay, for at least six months.

Affected employees have until Jan. 6, 2012, to make their choices. If they refuse to make a choice, the board may take further steps, both administrative and legal, to have these monies returned to PSS.

Ada said she expects Sablan to submit a report no later than Jan. 9, 2012. This report will include the names of each PSS employee identified to have been provided an improper payout and the choice that each of these employees has made to compensate PSS.

Ada clarified with Sablan that the measures are not punitive in nature “because it seems these payments were made with the commissioner’s permission and blessing.” These steps, Ada said, are intended solely to return to PSS funds that were improperly expended.

Ada said the board expects Sablan to properly enforce from now on the system of annual leave pertaining to non-certified employees as required by regulation.

To this end, Ada directed Sablan to immediately identify any non-certified employees of PSS who have a balance of annual leave in excess of 360 hours; immediately convert any such excess of annual leave to sick leave pursuant to board regulation; and inform all non-certified employees that, from this point forward, any excess amount of annual leave over 360 hours accrued will be immediately and automatically converted to sick leave so that they may plan accordingly.

Sablan was also directed to provide Ada a written report on the details of the completion of these directives by Jan. 6.

Ada said the board will continue its investigation in the case of certified PSS employees who have also cashed out their annual leaves.

“As to the procedures for annual leave regarding certified employees, the BOE is still reviewing this situation and will provide further guidance as soon as determinations as to the proper course of action are made,” said Ada.

She admitted that there remains the question of which PSS employees are responsible for the improper expenditure of PSS funds in this instance and to what extent they should be disciplined.

“Due both to the lack of specific information provided to the BOE and to the complex and sensitive nature of this analysis, the BOE has not, as of yet, made any determinations of the proper course of action. However, in the following weeks, the BOE will continue its investigation into these matters,” Ada told Sablan, adding that the board expects Sablan’s full, candid, and complete cooperation in the investigation.

PSS employees who were randomly interviewed yesterday on condition of anonymity were pleased to learn of the board’s action on what they labeled as a serious issue that has demoralized many employees.

“We’re very pleased and happy that the board took action immediately. However, we are still looking forward to the board making a determination also for the certified personnel of the system who allegedly cashed out their annual leaves,” one of them said yesterday.