The four-page letter addressed to Commissioner of Education Rita A. Sablan and signed by BOE Chairwoman Marylou S. Ada used the words “improper,” 10 times and “violates” four times during its narrative and future directives.
Asked for comment, Sablan said: “I am appreciative of the board’s action to address BOE Regulation 60-30.3.315 Annual Leave for non-certified employees. This particular section refers to annual leave for non-certified employees within PSS. PSS management does not intend nor did it willfully intend to violate any of the Board of Education regulations. What have occurred may have resulted on the ambiguity and misinterpretation of the regulation in question. We are glad that this matter has now been resolved.”
Sablan added, “In her letter to me of December 27, Chairwoman Ada asked that PSS management take corrective measures to address this matter accordingly. I have met with affected personnel and have identified steps in which we will address the request of the chairwoman.”
At its most basic element, the review concluded that the “cash-out” payments violated BOE regulations because non-certified staff’s annual leave can be cashed out only upon separation from the PSS “of at least six consecutive months.”
Due to the conclusion that the cash-outs violated regulations, the letter instructed Sablan to cease immediately any additional cash payments to anyone separated from PSS less than six-months.
More importantly, Sablan was ordered to contact employees who received a payout and advise them the money must be returned to PSS via one of three options detailed in the letter.
Additionally, Sablan was required by the terms of the letter to advise BOE in writing the names of the affected employees and their choice of payback method by Jan. 9, 2012.
BOE went on to state, “these measures are not punitive in nature toward the employees who received the benefit of these improper payments, as it seems these payments were made with your [Sablan] permission and blessing.”
Although the directive advised Sablan to cease payments, identify recipients and their repayment plans, it did not address the issue in its entirety but instead cited the need for further investigation “in the following weeks” and then BOE will implement possible disciplinary action against those “ultimately responsible.”
The lengthy letter was blunt in its description of “both a lack of specific information provided to BOE” during its review and its expectations of transparency from Sablan and staff who received payouts.
“BOE expects your full, candid and complete cooperation with the questions asked and information sought,” and went on to direct Sablan to advise affected employees of the same standards.
Perhaps the biggest question left unanswered in BOE’s review letter was a decision on the propriety of Sablan’s personal cash-out as a certified employee.
“BOE is still reviewing this situation and will provide you further guidance as soon as determinations are made,” it said.
