Colorado takes away raises from parole officers, forces them to repay 'overpayment' for the last few years since their promotions

COLORADO SPRINGS, CO - Back in March, CBS News reported on the Colorado Department of Corrections (DOC) and the fact that not only did they tell recently promoted people that those promotions were a mistake, but that they are now demanding the employees pay back the additional money they have received. 

At the time, two of the affected employees spoke with CBS News Colorado and discussed their decision to promote up to parole officer. The two asked to remain anonymous and explained how they were told by the department that the raises they were promised with the promotions they received years ago were made in error. 

One of the employees said, "I was told that I would be getting that 10 percent increase and that was my deciding factor on getting the parole position." The other employee added, "It was discussed that this was a promotion within DOC, the standard common practice when given a promotion is a 10 percent raise and that was my understanding."

Both employees received the additional 10 percent, but then in November 2023, years after settling into their new roles as parole officers, they received a letter from the Colorado DOC Director of Human Resources that said from day one of their new roles, they were overpaid and that effective immediately it would be "corrected."

This "correction" or "pay cut" reportedly costs the two employees $300 to $500 every month from their pay. One of the employees said, "We structure our lives around our paycheck and pay that we had been receiving for a year and a half." Both individuals launched internal grievances that put the requested changes on hold until January 2024.

At that time, the DOC sent a second notice with their decision, which arrived just before their paychecks. One of the employees said, "No time to plan, talk to creditors to get things in order lined up to pay bills, my account immediately when to the negative. I ended up having to get friends, co-workers to help me out to take care of bills and things of that nature. Food pantries."

The second notice also included new information that the parole officers would have to pay back the overpayments, which totaled nearly $8,000 each. One of the employees said, "You take a job you get assured you are going to get paid a certain thing just to find out that you're not and then you owe the state more money."

CBS News spoke with the two individuals again recently, with one of them saying, "At this point, I'm getting money deducted from me. Now they're about to force me to repay the overpayment, which is going to be almost $800 to $1,000 out of my check for the next two years." According to Internal DOC emails, it does not know what was promised to the employees because it does not apparently provide offer letters. 

Those same emails do, however, confirm that someone on their staff made a clerical mistake, saying, "Unfortunately, the error was made by the ESU technician in both cases." An email from the Director of Human Resources said, "We do not complete promotion letters in HR or anything to the employees stating their new salary."

When asked about why the employees would be liable for a department mistake, a spokesperson said, "That State of Colorado fiscal rules have clear protocols regarding overpayments to state employees." The DOC didn't agree with the 10 percent raise the employees received and determined it was an overpayment. Once that happens, the State Auditor's Office is reportedly forced to collect.

Regarding this specific case, the affected employees and state Sen. Mark Baisely believe that the DOC was the one to get it wrong. Baisley said in a statement, "We all setting into living within what our take-home pay is, so if their take-home pay is suddenly less, that's rough. And then it's suddenly less plus a loan repayment, that's just unacceptable."

The State of Colorado defines an overpayment as "any payment that results from overstating the rate of pay, overstating the hours worked, understating the employee deductions, or any other payments to which the employee is not entitled." Baisley said that his concerns are with the "entitlement clause," adding, "Those employees were hired with the understanding of that level of compensation and then began receiving it." 

He is now pushing the DOC and the state auditor to find a solution and says that they simply cannot point to a clear authority. He said, "We all do what the governor tells us to, so maybe that's were the answer lies." The DOC reportedly made a request to the State Controller's Office to forgive the overpayments, but it said that it does not have the authority to do so.