June 30, 2015

BETH C. KOSS v. UNITED STATES POSTAL SERVICE

P.S. Docket No. DCA 15-160

APPEARANCE FOR PETITIONER:
Beth C. Koss, pro se

APPEARANCE FOR RESPONDENT:
Alyse Q. Wharry
Labor Relations Specialist

FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982

On June 30, 2015, the undersigned held a telephone conference with Petitioner Beth Koss and Respondent’s representative Alyse Wharry.

Ms. Wharry stated that the alleged debt of $2,046 was issued against Petitioner based upon Petitioner’s approval of timesheets that resulted in an alleged overpayment of salary to another employee.  Ms. Koss confirmed that she never received any overpayment of salary.  Accordingly, no debt is owed to the Postal Service by Ms. Koss.

We have long held that the Debt Collection Act is not a vehicle to punish poor job performance.  See Cindy L. Chapin, P.S. Docket No. DCA 13-207 (February 21, 2014); William D. Vogel, Jr., P.S. Docket No. DCA 99-396 (August 3, 2000); Gertrude S. Campbell, P.S. Docket No. DCA 99-70 (June 3, 1999); Eulalia Anne S. Lee, P.S. Docket No. DCA 97-38 (June 13, 1997).   To the extent that the Postal Service sought recovery of the alleged overpayment against Petitioner based upon Petitioner’s performance of her job, this is not the appropriate forum for such an action.
Petitioner is entitled to judgment in her favor.

ORDER

The Petition is GRANTED.  The debt sought of $2,046 is invalid and the Postal Service may not collect any sums related to the invalidated debt by administrative salary offset.

James G. Gilbert
Chief Administrative Law Judge