The Warsaw City Council refused to intercede on behalf of former city employee Rhonda Fackler Monday to waive a requirement that she repay $861.64 she was overpaid by the city.

The overpayment was the result of Fackler receiving a full paycheck from the city while she was on medical leave awaiting payment on her workers' compensation claim.

"I'm requesting the city waive the fee of $861 it's requesting from me due to my illness," Fackler told the council Monday.

Fackler claims poor air quality at the Planning and Building Department office, where she was employed since 1994, caused her severe respiratory problems, and filed a claim against the city's workers' compensation policy in April 1998. She acknowledges the city paid her full pay in addition to receiving workers' compensation benefits, but does not believe she should be required to repay the excess payments because her illness was caused by her work environment.

According to city attorney Mike Valentine, the issue of the repayment should be addressed by the Board of Public Works and Safety, not the city council, and the repayment is required by the city's longstanding employee policy.

"This is a workmen's issue at heart. The city paid Mrs. Fackler until her workmen's compensation payments came in. And it's the city's policy that the city is repaid by the employee once the workmen's comp claim is paid," he said.

Section 2-61 of the city employee policy states: "Under no circumstances shall an employee receive more than 100 percent of normal compensation through employee benefits. Any overpayment is to be repaid by the employee."

Fackler claimed diesel fuel fumes had infiltrated the Planning and Building Department offices, causing her respiratory problems. The city's workers' compensation insurance carrier, Monroe Guaranty Insurance Company, of Carmel, conducted air quality tests in the building and found the air quality to be within acceptable limits established by the Occupational Safety and Health Administration, according to Mayor Ernie Wiggins.

"The study found the air quality was within the OSHA limits," he said. "And I've had no other reports from any other employee in that building with this type of respiratory problem."

Wiggins added that because of the dispute with Fackler over the repayment of her excess pay, the city will suspend the policy of continuing payments to employees who are waiting for workers' compensation benefits to start.

"With the problem we've had with this repayment, the result is the city will suspend payments to employees before workmen's compensation kicks in," he said.

In other business, the council approved a proclamation honoring Sprint Communications, celebrating the telephone provider's 100 years of service in the Warsaw community.

City Planner Jeff Noffsinger announced all right-of-way acquisitions have been completed for the Logan Street road and sewer project, clearing the way for work to begin possibly in September.

The acquisitions cost the city $81,006. The total project cost is estimated to be $3,159,765, of which the city's share of the costs total $1,129,233. The state of Indiana will be responsible for the remaining balance of $2,030,532.

The council also approved an amendment to the city's trash ordinance making property owners responsible for the removal of construction debris.

"This ordinance is not intended for the owner-occupied residences, but for some of the landlords who gut their rentals when the tenants move out and then expect the city to pick it up and dispose of it for them," Wiggins said. [[In-content Ad]]