The Campbell High School Teachers Association is alleging that the Campbell Union High School District miscalculated leave pay and took money from paychecks to make up for larger than usual paychecks to teachers.

Christopher Schumb, lawyer for the teachers’ association, alleges that teachers returning from taking leave had their pay docked without prior notice.

Teachers association president Kim McCarthy said in a phone interview that some teachers were also put on the wrong pay salary schedule, resulting in overpayment.

According to the teachers association, so far 19 educators have notified the association that money was taken out of their paychecks without notice.

Meredyth Hudson, the high school district’s chief human resources officer, said the district conducted a payroll audit for the 2016-17 school year whose findings showed that a “small group of district employees had been overpaid.”

But Schumb told this newspaper in a phone interview that he and the teachers association are confident that the district violated the Education Code and other labor laws. Schumb said “the appropriate law enforcement officials have been notified,” and the teachers association is considering suing the school district.

“It’s stealing,” Schumb said, adding money cannot be taken from an employee’s paycheck without prior notification. “They’re either incompetent or corrupt.”

Schumb alleges the issues with payroll may have started as early as last fall.

McCarthy added this isn’t the first time she’s had issues with payroll, but alleges that the district is not working out an immediate solution to rectify overpayment and pay deductions.

“Although we are truly sorry that some of our district team members are in this position, and can understand the displeasure caused by the district’s ongoing efforts to recoup the unearned funds, the district needs to undertake these efforts due to its fiduciary duty to attempt to protect taxpayer dollars,” Hudson said in an email to this newspaper.

In a letter to the Campbell Union High School District governing board dated June 29, Schumb states, “Any school district’s human resources or business department should know that a district may not attempt to collect the debt by unilaterally deducting monies from the employee’s subsequent paychecks.”

According to Schumb, money that was paid to teachers was already taxed and paid to health insurance and retirement funds.

“They’ve already had taxes taken out,” Schumb said. “W-2s need to be amended, too.”

The teachers association is requesting the district provide a list of all certified staff that are believed to have been overpaid and could have had deductions to their paychecks because of an overpayment.

According to McCarthy, documents are being collected to bring to the California Teachers Association. The organization would need to approve the decision to file a petition for writ of mandate, a court order to an agency to follow the law by correcting prior actions or ceasing similar actions.