The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Friday, August 9, 1996                TAG: 9608090473
SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 
SOURCE: BY JUNE ARNEY, STAFF WRITER 
DATELINE: CHESAPEAKE                        LENGTH:   98 lines

CITY SUES 4 EMPLOYEES OVER SALARIES CHESAPEAKE SAYS RAISES WERE A MISTAKE AND WANTS THE MONEY BACK. THE WORKERS HAVE ASKED THE COURT TO DISMISS THE SUIT.

In 1988 and 1989, three city firefighters and a police officer received promotions and a 10 percent raise.

The employees say they questioned the amount of the raises at the time and were told that the new pay rates were correct. The fatter checks kept coming for nearly seven years.

But the higher pay rate turned out to be part of a ``clerical error,'' the city now says.

And the city wants its money back. For the four public safety workers, the amount could be substantial. The city has filed suit against the four men, seeking to recover more than $10,000 from each in salary that was allegedly overpaid.

Firefighters James H. Tarkington, Alvin S. Ellis Jr. and Carlton M. Ackiss Sr. and police Sgt. Michael L. O'Neill believe they are paying the price for someone else's mistake.

In responses filed Thursday in Chesapeake Circuit Court, the four city employees ask for the lawsuits to be dismissed and allege that there is a three-year statute of limitations on oral contracts. The court papers also ask for damages, injuries and interest totaling $25,000, and that their higher pay rate be reinstated.

Andrew Sacks, an attorney representing the four, said that if the city wins its suit, ``it could threaten the security of every employee's salary and promotional track . . . It's a dangerous precedent for the city to be suing its existing employees.''

The Chesapeake city attorney's office declined to comment.

As a result of the clerical error, each man received an extra 5 percent raise when they were promoted in 1988 and '89. They kept receiving the extra pay until the error was discovered last year.

Bonny Tarkington, wife of fire lieutenant Tarkington, said the dispute with the city has become a constant source of worry for her family.

``All I can think of is we have to save every dime we can in case we have to pay that back,'' she said. ``The same father who risks his life every day has to tell his kids, `No, we can't go to the movies today or we can't go out to dinner because we have to pay back a debt we don't owe.' ''

They have two sons, ages 8 and 13.

The errors were caught in July and September of 1995, and the men were advised of the overpayments and asked to repay the money. Their pay rates were lowered to the correct level.

The city apparently discovered the problem when a firefighter filed a grievance in April 1995 complaining that he had not received a 10 percent raise as had some of his fellow firefighters, according to Sacks.

The four city employees were notified of the errors shortly before the city reduced their pay rates. Two of the firefighters received telephone calls at home telling them it would happen, and the other was told by the fire chief.

Ackiss owes $10,380, Ellis $10,435, Tarkington $10,593, and O'Neill $10,336, according to the city. Each of the men has about 16 or more years of experience. O'Neill has 18 1/2 years of experience with the Chesapeake Police Department.

At least one of the men, Ellis, offered to pay back the money in July 1995 if the city could produce documentation showing he owed the money. Officials could never provide a written policy that covered the matter. Nevertheless, Sacks said the men were told by city officials that ``the intent was a 5 percent raise'' instead of the 10 percent increase each received. Sacks described the city's action as ``administrative alchemy.''

The city has offered the firefighters and police officer several options to repay their debts, including reducing their salaries, performing additional work, or surrendering an equivalent value of certain benefits or some combination of all three.

Sacks said that even after city officials found the ``so-called error,'' they still took more than a year to write a policy correcting it.

The firefighters said they could not comment on the lawsuit because department policy prohibits them from talking to the media. Their wives, however, are not prohibited from talking.

Sherry Ellis, wife of Fire Capt. Ellis, said the weight of the dispute with the city has taken a toll on her family.

``You never know when they're going to bang on your door,'' she said. ``It's demoralizing. We've lost five percent of our pay. Now we owe a debt of $10,000 I didn't incur.''

Ackiss' wife, Patsy, said she doesn't know where the money would come from if they are required to repay it.

But even more troubling is that her husband loves his job as a firefighter, but now is caught up in this turmoil.

``He lives and breathes being a firefighter,'' she said. ``He doesn't do it because they pay him well or because the benefits are great. Now he's worried about what's going to happen to him, about repercussions to his job . . . It affects every firefighter, everyone who works for the city.'' ILLUSTRATION: Color photo by BETH BERGMAN, The Virginian-Pilot

Chesapeake firefighter James H. Tarkington goes over information

related to his case with the city during a recent visit to his

lawyer's office in Norfolk.

Photos

Chesapeake firefighters Carlton M. Ackiss Sr., left, and Alvin S.

Ellis Jr. are fighting the city's lawsuit against them and two other

public safety workers. The city wants the four to repay more than

$10,000 each in overpaid wages.

KEYWORDS: SALARY DISPUTE OVERPAYMENT by CNB