Matter of Short v. Nassau County Civil Serv. Comm., 45 N.Y.2d 721 (1978)
A public employee who is suspended for more than 30 days pending disciplinary proceedings is entitled to back pay for the period exceeding 30 days, offset by earnings from other employment and unemployment benefits, and reduced by any delays attributable to the employee.
Summary
This case concerns a public employee, Short, who was suspended for misconduct and incompetence. The Court of Appeals upheld the determination that the charges against Short were supported by substantial evidence and that dismissal was not an excessive sanction. However, the court addressed the issue of back pay during the suspension period. Because Short’s suspension exceeded 30 days, the court held that he was entitled to back pay for the excess period, subject to offsets for earnings from other employment, unemployment benefits received, and any periods of delay in resolving the charges for which Short was responsible. The matter was remitted to the Supreme Court for a determination of the specific amount of back pay due.
Facts
The specific facts underlying the charges of misconduct and incompetence are not detailed in this memorandum decision. However, the critical fact is that Short was suspended from his public employment pending the resolution of those charges, and that suspension lasted for longer than 30 days.
Procedural History
The Civil Service Commission sustained charges against Short, leading to his dismissal. Short appealed this decision. The Appellate Division affirmed the Commission’s determination regarding the charges and the dismissal. Short then appealed to the New York Court of Appeals. The Court of Appeals affirmed the Appellate Division’s judgment with a modification related to back pay, remitting the case to the Supreme Court for calculation of back pay due.
Issue(s)
Whether a public employee suspended for more than 30 days pending disciplinary proceedings is entitled to back pay for the period exceeding 30 days, and if so, what deductions or offsets should be applied to calculate that back pay.
Holding
Yes, because Civil Service Law § 75, subd 3 entitles a suspended employee to back pay for the period exceeding 30 days, offset by earnings from other employment, unemployment benefits, and deductions for delays attributable to the employee.
Court’s Reasoning
The Court of Appeals relied on Civil Service Law § 75, subd 3, which governs the compensation of suspended public employees. The court cited Gerber v. New York City Housing Authority, 42 NY2d 162, 164-165, to reinforce the principle that back pay is required for suspension periods exceeding 30 days, subject to specific deductions. The court recognized that factual issues remained regarding Short’s potential responsibility for delays in the proceedings and his earnings from other employment or unemployment benefits during the suspension. Because these factual issues were unresolved, a hearing was deemed necessary to determine the precise amount of back pay due. The court stated, “Respondent concedes that petitioner is entitled to back pay for the period of his suspension exceeding 30 days, offset by earnings from other employment and unemployment benefits and by deductions for periods of delay for which petitioner is responsible.” This concession highlighted the established legal principle.