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IN THE MATTER OF DELINDA HOLMES, PATERSON HOUSING AUTHORITY(CIVIL SERVICE COMMISSION)
A-5699-14T2
| N.J. Super. Ct. App. Div. | Jun 13, 2017
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Background

  • 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)
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Case Details

Case Name: IN THE MATTER OF DELINDA HOLMES, PATERSON HOUSING AUTHORITY(CIVIL SERVICE COMMISSION)
Court Name: New Jersey Superior Court Appellate Division
Date Published: Jun 13, 2017
Docket Number: A-5699-14T2
Court Abbreviation: N.J. Super. Ct. App. Div.