Suffer or Permit Payment Calculations, Payments and September Hearing

September 11, 2006

Ilir -

I assume you are addressing my order as to the completion of computations and payment no later than Oct 1. The order stands. If you can't complete the time lines, please make arrangements for in person testimony at our late Sept hearing from agency officials as to computation completion issues (I assume someone from Laguna) and from agency ICE officials (all 3 subdivisions if applicable), if the funding authorization has not been accomplished. I remind the agency that I issued my original order in early Jan 2006 and it is now nearly 3/4 of the way through that year. Thus, I expect the witnesses to testify as to the reason for a nearly 9 month delay to complete 242 computations (except for those few addressed in my supplemental decision). Again, I also want to hear argument on whether I have the authority to award interest, in addition to liquidated damages, for any undue delay. I will conduct a prehearing telephone conference some time the week of Sept 17. Please give me a couple alternative times when the agency and union are available. Thanks.

Sam