Free Response to Motion - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WALTER JAYNES, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 04-856C (Judge George W. Miller)

DEFENDANT'S APPENDIX IN SUPPORT OF RESPONSE TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT NO. 4

PETER D. KEISLER Assistant Attorney General

OF COUNSEL: TELIN W. OZIER Trial Counsel Department of the Navy OGC, Navy Litigation Office 720 Kennon Street., SE WNY Bldg. 36, Room 256 Washington, D.C. 20374-5013

JEANNE E. DAVIDSON Director

MARK A. MELNICK Assistant Director

STEVEN L. SEATON Labor Counsel Department of the Navy Puget Sound Naval Shipyard 1440 Farragut Avenue Bremerton, WA 98314-5001

STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, NW Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel: (202) 616-2377 Fax: (202) 305-7643 [email protected] Attorneys for Defendant

November 5, 2007

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INDEX Document Page Position Description, Puget Sound Naval Shipyard, Shipyard Production Superintendent (Shop 64). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5 Excerpt Department of Defense Financial Management Regulation (DOD Directive 7000.14-R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-10 Accord and Satisfaction Trial Transcript Excerpts, Jaynes v. United States, Fed. Cl. No. 04-856 (Nov. 6-8, 2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-24

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DoD Financial Management Regulation

Volume 8, Chapter 2 April 2007

SUMMARY OF MAJOR CHANGES TO DOD 7000.14-R, VOLUME 8, CHAPTER 2 "TIME AND ATTENDANCE" Substantive revisions are denoted by a preceding the section, paragraph, table or figure that includes the revision. PARAGRAPH 020903 EXPLANATION OF CHANGE/REVISION Updates the DFAS organization responsible for SDA system approval. PURPOSE Update

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DoD Financial Management Regulation

Volume 8, Chapter 2 April 2007

TABLE OF CONTENTS

TIME AND ATTENDANCE 0201 0202 0203 0204 0205 0206 0207 0208 0209 Introduction Requirements Time and Attendance Recording Time and Attendance Certification Time and Attendance Reporting Adjustments and Corrections Retention of Records Labor Distribution Source Data Automation (SDA) Systems

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DoD Financial Management Regulation

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CHAPTER 2 TIME AND ATTENDANCE 0201 INTRODUCTION

020101. Objective. The payroll functional objective for time and attendance is to ensure that the attendance (i.e., presence or absence) of employees is accurately recorded and reported in order to compute pay, leave, and allowances. 020102. A. Responsibilities Employing Activity's Responsibilities. Supervisors shall ensure that: 1. properly trained. 2. The recording and approval of time and attendance are performed timely and accurately as required by responsible individuals. 3. purposes. 4. Procedural guidance is clear and adequate to ensure that timekeeping and time and attendance certification are correctly performed. 5. Individuals recording and approving time and attendance make every effort to correct errors in the pay period to which the changes apply. 6. All corrections or adjustments are approved by the authorizing official and promptly reported to the civilian payroll office. B. Approving Official's Responsibilities All required supporting documentation is available for audit Individuals recording and approving time and attendance have been

1. When approving time and attendance reports, supervisors, other equivalent officials, or higher level managers are representing that, to the best of their knowledge, the actual work schedules recorded are true, correct, and accurate. Review and approval shall be made by the official, normally the immediate supervisor, most knowledgeable of the time worked and absence of the employees involved. The approving official may assign responsibility for observing daily attendance or accurately recording time and attendance data to a timekeeper or, in limited circumstances as addressed in paragraph 020404 of this chapter, the individual employee. Assignment of these duties does not relieve the approving official of the responsibility for timely and accurate reporting of the time and attendance to which he or she

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approves, including that leave is approved and administered in accordance with applicable policies, regulations, instructions, and bargaining agreements. The supervisor shall inform the timekeeper when an employee is on any type of leave, or has worked any type of premium work. 2. Normally, timekeeping responsibilities shall be assigned to individuals who are aware of employees' attendance and absence each day. 3. Supervisors shall ensure that exceptions to the employee's normal tour of duty are recorded in a timely and accurate manner. 4. An alternate timekeeper shall be appointed to maintain time and attendance during the absence of the primary timekeeper. C. Timekeeping Responsibilities

1. Timekeeping is a critical function, which may be performed by the individual employee, timekeeper, supervisor, or a combination of these individuals. The timekeeping function requires the accurate and timely recording of time and attendance data and the maintenance of related documentation. 2. 3. Timekeepers may be civilian, military, or contractor personnel. Individuals performing the timekeeping function are responsible for: Timely and accurate recording of all exceptions to the

a. employee's normal tour of duty.

b. Ensuring that employees have attested to the accuracy of their current pay period's time and attendance (including any exceptions such as use of leave) and any adjustments or corrections that are required after time and attendance is approved. These attestations shall be documented (in writing or electronically) including: a manually completed hard copy (e.g., a sign-in, sign-out sheet), a printout of an automated record (e.g., a time and attendance report) with the employee's signature (written or electronic), or initials affirming the correctness of the data, or an automated or electronic record retained on magnetic medium. If the employee is not available prior to the approval of the time and attendance, attestation shall be documented as soon thereafter as possible. c. Ensuring that all entries for overtime and compensatory time earned have been approved, and totals are correct before certification. 0202 REQUIREMENTS

020201. Daily Record of Time. For each civilian employee, a daily record of time in pay and nonpay status or piecework completed shall be maintained either by a designated timekeeper who takes no part in preparing the payroll or by electromechanical devices, unless

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otherwise prohibited. When such devices are used, adequate supervisory surveillance shall be maintained to ensure proper and accurate time recording. Timekeepers responsible for time and attendance reports shall have positive knowledge as to the employee's presence and absence before marking the report. 020202. Time Period. The time period shown on time and attendance reports shall correspond to the length of a pay period. For example, if payment is made for a 2-week period, the time and attendance report shall cover a 2-week period. 020203. Charge of Annual Leave. Time and attendance data shall indicate clearly whether annual leave taken is to be charged against the employee's current leave account or to a separate leave account established for restored leave. Unless annual leave taken is identified to an employee's restored leave account, regular leave will be charged. 020204. Accounting for Time and Leave. The time and attendance data shall reflect a proper and accurate accounting of an employee's actual time and attendance and leave. 020205. Data Element Values. Minimum data element values to be included on time and attendance reports or supporting documentation for each employee are as follows: A. B. C. D. E. F. G. Employee name and Social Security Number. Pay period number or dates. Number of hours worked by day and in total. Number of hours of premium work, by type, to which employee is entitled. Number of credit hours and compensatory time earned. Number of leave hours (by type), credit hours and compensatory time used. Dates leave is taken.

H. Any required supporting documentation for absences, e.g., court orders, Office of Personnel Management (OPM) Forms or military orders. I. official. J. Such other information as may be required in support of operations. Handwritten signature or automated approval code of an authorizing

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CERTIFICATE OF FILING This is to certify that on this 5th day of November 2007, a copy of the foregoing "DEFENDANT'S APPENDIX IN SUPPORT OF RESPONSE TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT NO. 4" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice