Grievance Case Summary - G-300

The grievance concerned the Force's decision to refuse to include the cost to construct a roof over a deck in the calculation of the Grievor's purchase price for a single family residence that he sold upon being transferred, which calculation served to determine the amount of compensation that would be available to the Grievor under the Home Equity Assistance Program (HEAP). The Grievor was eligible to HEAP compensation because the difference between the purchase price and sale price of his home was at least 10%. For the purpose of calculating the amount of compensation, capital improvements made while the Grievor owned the property were to be incorporated as part of an adjusted purchase price. One of those improvements that the Force accepted was the cost to enclose a car deck and transform it into a garage. There was a deck over the garage and the Grievor constructed a roof over the deck to prevent rain water from seeping into the garage. The Force would not agree to include the cost of that roof in the adjusted purchase price on the grounds that it was an unnecessary expense, the deck itself already serving as the garage's roof. The Level I adjudicator declined to hear the grievance on the merits because he found that the grievance had not been submitted within the 30 days allowed by the Act. The evidence indicated that 32 days elapsed between the date that the Grievor learned of the decision and the date that his grievance, sent by mail, was received by the Force.

The grievance has to be considered timely at Level I because it is the date on which it was mailed that constituted its filing date, not the date on which it was received by the Force. On the merits, the roof over the deck is an eligible capital improvement. It was a necessary structural addition because it served to protect the integrity of the garage whose cost of construction was itself recognized by the Force as an eligible capital expense.

The grievance should be allowed.

The Commissioner agreed with the Committee's findings and recommendations and allowed the grievance.