Benton County overpaid jail workers. Now it has to refund the $130K it deducted from their paychecks

Benton County broke the law when it deducted $130,000 in overpayments from the paychecks of 85 corrections employees last year without first negotiating with their union.

This week, the state’s independent Public Employees Relations Commission board ordered the county to refund the money, with interest, and negotiate a repayment plan with Teamsters Local Union No. 839, which represents sheriff’s office employees.

The PERC board’s ruling upheld a 2017 ruling by a PERC arbitrator.

“This all could have been avoided if the sheriff’s office would have agreed to follow the law and the union’s initial demand to bargain the impact and effect of the repayment back in November 2016,” said. Russell Shjerven, the union’s secretary-treasurer.

A county spokeswoman said it would not comment. The elected commission is expected to discuss the situation in private executive session at its regular weekly meeting on March 13.

The union agrees employees must repay the money. However, state law gives it the right to bargain terms. Legal documents indicate two employees had involuntary deductions of $257.98 and $267.82 from their January 2017 paychecks, respectively.

Auditor Brenda Chilton’s office discovered a software error was overpaying some employees in November 2016. From June to September 2016, hours entered in the system under the “kelly time used” (KTU) pay code resulted in overpayments. The 85 employees received an average of about $1,500 spread out over the four months it went undetected.

The union filed an unfair labor practice after the county notified the corrections employees of the situation in two emails in November 2016. The letters informed them of the overpayments and the amount they “owed,” and gave several options. They could repay through payroll deductions or by cashing in accumulated leave. The letters were not sent to their union.

On Nov. 30, a week after the second notice, the union sent a letter to then-Sheriff Steven Keane demanding to bargain. The letter stated it agreed employees should repay the money if the overpayment had occurred, but said the “union must be allowed to bargain how this (would be) done.”

Keane indicated by email he was willing to meet and discuss his role and limited authority in the matter. He indicated he was not able to negotiate or bargain, noting that was the auditor’s responsibility. The message was sent to Chilton as well.

In January 2017, the county began deducting wages from paychecks and hours from accrued leave banks without any bargaining with the union or agreement.

The following month, Keane announced plans to retire on April 1, citing the need to heal from cancer. Undersheriff Jerry Hatcher was appointed interim sheriff, then won election to the balance of Keane’s term.

By Aug. 8, 2017, all 85 corrections officers had repaid their balances.

PERC concluded Benton County “impermissably” circumvented the union by negotiating with employees instead of the union.

This story was originally published March 10, 2018 at 1:24 PM with the headline "Benton County overpaid jail workers. Now it has to refund the $$130K it deducted from their paychecks."