Jun 23, 2020

🎥 $7M error led to Kan. Labor Secretary's resignation

Posted Jun 23, 2020 10:50 AM
Former Kansas Labor Secretary Delia Garcia during a press briefing with Governor Kelly in early May 
Former Kansas Labor Secretary Delia Garcia during a press briefing with Governor Kelly in early May 

TOPEKA, Kan. (AP) — Kansas Labor Secretary Delia Garcia, who was already under attack for the slow processing of unemployment claims during the pandemic, has resigned after her agency pushed the bank accounts of an unknown number of jobless residents into the red, the governor said Monday.

(Advance the player to 3:00 to listen to the governor's comments on the Kansas Dept. of Labor)

Gov. Laura Kelly announced she had accepted Garcia’s resignation on Sunday night and appointed the governor’s Deputy Chief of Staff Ryan Wright to serve in an acting role until a permanent candidate can be nominated.

“We have been too slow to process unemployment claims, too many mistakes were made while trying to deliver claims, and our response time has not been addressed with urgency,” Kelly said at a news conference.

On June 10, duplicate payments totaling $7 million were sent to more than 4,500 claimants of pandemic unemployment assistance and compensation programs. On Thursday, the Labor Department began reversing those duplicate payments, a process known as clawback, that caused some bank accounts to become overdrawn.

The state is investigating reports that the state also removed money from the accounts of people who had not received duplicate payments, the governor said.

“The decision to clawback duplicate payments was done without consent from my office and after my staff had directed them not to move forward with clawbacks,” Kelly said. “We will determine how this breakdown occurred and ensure that it doesn’t happen again.”

The state Labor Department is working to identify and reimburse people whose accounts were overdrawn, and has set up a special hotline and email for them to contact the department.

The governor said she would take action to address the volume of claims for unemployment insurance, including bringing in specialists to determine how to improve response times for unemployment insurance and implementing new ways to manage the caseload and mitigate backlogs and errors.

“While states around the country have struggled to manage unemployment claims during the worst public health crisis in a century, Secretary García inherited an agency that had its funding, its technology, and its staff gutted by the previous administration,” Kelly said.

She thanked Garcia for her service.

Some Republican lawmakers called for Garcia’s ouster last month, saying she had mismanaged the agency so badly that thousands of people were denied prompt payment of unemployment benefits.

But the governor steadfastly defended Garcia at the time, noting that the state unexpectedly went from record low to record high unemployment rates when the economy shut down to slow spread of the coronavirus virus. The state’s 40-year-old computer system was unable to keep up with the claims.

“I’m thankful that the governor has finally recognized the Department of Labor is broken and thousands of Kansans who have been laid off through no fault of their own have been wronged by the system,” said Kansas Senate President Susan Wagle.

Wagle, a Wichita Republican, added that she continues to hear from unemployed Kansans who aren’t receiving checks or have been cut off from payments.

Complaints about the handling of unemployment claims have dogged officials across the country, including in Kansas, Maryland, Missouri, Pennsylvania and Oklahoma. The director of the Oklahoma Employment Security Commission also resigned following complaints about unpaid jobless claims.

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TOPEKA – Governor Laura Kelly on Monday accepted Kansas Department of Labor Secretary DelĂ­a GarcĂ­a’s resignation and announced multiple actions she will be taking to address the issues impacting the department's ability to handle the volume of claims for Unemployment Insurance (UI).

 The Governor’s Deputy Chief of Staff Ryan Wright will serve as acting Secretary of Labor until a permanent candidate is nominated for appointment, according to a media release from the governor's office.

Governor Kelly will also bring in specialists to look for ways to improve response times for Kansans applying for UI, implement new processes to manage the caseload, and mitigate future backlogs and errors that have occurred while attempting to deliver payments.

“As Governor, I’m responsible for KDOL’s handling of unemployment claims. I am taking immediate action to ensure Kansans who are out of work, through no fault of their own, are getting the assistance they need,” Governor Kelly said. “I want to thank Secretary García for her service to Kansas. While states around the country have struggled to manage unemployment claims during the worst public health crisis in a century, Secretary García inherited an agency that had its funding, its technology, and its staff gutted by the previous administration.”

On June 10th, duplicate payments were made to more than 4500 claimants of Pandemic Unemployment Assistance (PUA) and some Federal Pandemic Unemployment Compensation (FPUC) claimants for a total of about $7 million. Without consulting Governor Kelly, on June 18th, KDOL began attempting to reverse the duplicate payments in a process known as a “clawback.” The clawback caused some PUA and FPUC recipients’ bank accounts to be overdrawn.

KDOL is working with its partner banks to identify and reimburse any PUA or FPUC recipient whose account was overdrawn because of the clawback. KDOL will also create a special hotline and an email for Kansans who have been impacted.

“These last few months have been unusually stressful on everyone. State government employees in Kansas and around the country have been asked to deal with an unusually high volume of activity. We have a responsibility to the people we represent to get it right. And when we don’t, we’ll make the changes needed to fix the problem,” Governor Kelly said. “I will use every resource at my disposal to ensure that we improve our response time to Kansans and build an infrastructure at KDOL that will be prepared in the event of further economic impacts from COVID-19.”