IN THE MATTER OF DELINDA HOLMES, PATERSON HOUSING AUTHORITY(CIVIL SERVICE COMMISSION)
A-5699-14T2
| N.J. Super. Ct. App. Div. | Jun 13, 2017Background
- Delinda Holmes worked for Paterson Housing Authority since 1994 and served permanently as assistant purchasing agent from 2004; she claimed she performed purchasing agent duties beginning in 2006 (and SLO found since 2002).
- SLO (later CPM) ordered respondent to treat Holmes as purchasing agent provisionally for earlier periods; the Commission affirmed those classification findings in January 2011 but did not address salary.
- Holmes repeatedly sought enforcement and retroactive pay; the Commission and its divisions repeatedly told her they lacked jurisdiction to adjust local salaries unless the employee’s base pay was outside an established minimum-maximum range for the title.
- Holmes waited until December 2014 to request retroactive compensation and only later learned/respondent disclosed it had not set salary ranges; respondent later established a principal buyer range ($37,500–$60,000).
- The Commission denied Holmes’s retroactive-pay request as untimely and declined to relax the 45‑day reconsideration rule; Holmes appealed to the Appellate Division, which affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Holmes’s claim for retroactive compensation was timely | Holmes: claim timely because Commission’s earlier decisions didn’t address pay and she only learned of missing salary ranges later | Commission: Holmes failed to seek reconsideration within 45 days of controlling agency decisions; therefore untimely | Affirmed: claim time‑barred for failure to seek reconsideration within regulatory deadline |
| Whether Commission should have relaxed the 45‑day limit for good cause | Holmes: good cause because she didn’t learn respondent lacked salary guides until Jan 2015 | Commission: no obligation to investigate; Holmes had multiple opportunities to raise/pay-range issue earlier | Affirmed: no good cause shown to excuse delay; Commission properly declined to relax rule |
| Whether respondent’s later-established salary range for principal buyer was arbitrary | Holmes: $37,500–$60,000 is improper/arbitrary | Respondent: not at issue before the Commission; proper administrative action | Not reached on merits by court (declined to consider new-range challenge) |
| Whether respondent’s refusal to reimburse training credits was retaliatory | Holmes: stopping past reimbursements was retaliation tied to her appeals | Respondent/Commission: no legal duty to reimburse; matter moot when she attended; no prima facie retaliation shown | Affirmed: no unlawful retaliation shown; denial not arbitrary or unreasonable |
Key Cases Cited
- In re Carter, 191 N.J. 474 (discussing scope of appellate review of agency decisions)
- City of Newark v. Nat. Res. Council in Dep't of Envtl. Prot., 82 N.J. 530 (presumption of reasonableness for agencies)
- In re Stallworth, 208 N.J. 182 (standard: reverse only if agency action arbitrary, capricious, unreasonable, or unsupported by substantial credible evidence)
- Henry v. Rahway State Prison, 81 N.J. 571 (same standard for reviewing agency factfinding)
- In re Appeal of Syby, 66 N.J. Super. 460 (explaining ‘‘good cause’’ requires excuse for delay and showing of appeal’s merit)
