Town of Harrison v. New York State Public Employment Relations Board, 64 N.Y.2d 705 (1984)

When interpreting statutes related to municipal employment, particularly regarding police transfers, courts must prioritize accurate apprehension of legislative intent over agency deference, especially when the statute’s meaning is clear regarding benefits tied to seniority, promotion, and pensions.

Summary

The Town of Harrison challenged a determination by the Public Employment Relations Board (PERB) that longevity pay for a police officer who transferred from another town within the same county was subject to collective bargaining. The Court of Appeals reversed PERB’s decision, holding that Town Law § 153 mandates that transferred officers receive full credit for prior service in the county for purposes of seniority, promotion, pensions, and general administration, which necessarily includes longevity increments. The court emphasized that statutory interpretation, when involving pure statutory reading and legislative intent, requires less deference to agency expertise.

Facts

A police officer transferred from one town police department to another within Westchester County. The Town of Harrison refused to credit the officer’s prior service for the purpose of calculating longevity pay. PERB determined that longevity pay was a subject for collective bargaining and, therefore, the town was obligated to negotiate it. The town argued that Town Law § 153 mandated full credit for prior service, including for longevity pay purposes.

Procedural History

The Public Employment Relations Board (PERB) ruled against the Town of Harrison, finding that longevity pay was subject to collective bargaining. The Town appealed, and the Appellate Division affirmed PERB’s determination. The Town of Harrison then appealed to the New York Court of Appeals.

Issue(s)

Whether Town Law § 153 mandates that a police officer transferring between town police departments within the same county receive full credit for prior service for the purpose of calculating longevity pay, thereby precluding collective bargaining on the matter.

Holding

Yes, because Town Law § 153 requires that transferred officers receive credit for prior service as though the full time had been served with the department to which they transferred, for purposes of seniority, promotion, pensions, and general administration; this includes longevity increments, and therefore removes longevity pay from the scope of collective bargaining.

Court’s Reasoning

The Court of Appeals reasoned that while PERB is generally entitled to deference in interpreting the Taylor Law (Civil Service Law § 200 et seq.), such deference is not required when the question is one of pure statutory reading and analysis dependent only on accurate apprehension of legislative intent. The court found that Town Law § 153 clearly mandates that transferred police officers receive credit for prior service for purposes of seniority, promotion, pensions, and general administration. This credit necessarily includes longevity increments, as established in Syracuse Teachers Assn. v Board of Educ., 35 NY2d 743, 744.

The court rejected the argument that the absence of the words “longevity pay” in Town Law § 153 or the Westchester County Police Act necessitates a different conclusion. It reasoned that seniority, promotion, and pension rights all involve substantial pecuniary benefits related to length of service. The court also noted that failing to give transfer credit for longevity pay would discourage transfers and undermine the statute’s purpose of placing the transferee in the same position as an officer who had served all their time in the town to which they transferred. The court quoted 31 Opns St Comp, 1975, at 11-12, emphasizing the intent to place the transferee “squarely in the shoes of the officer who has served all such time in the town to which the transfer is made.” The court concluded that, “there can be no question that transfer credit includes longevity increments” and is therefore, not subject to arbitration or collective bargaining under the Taylor Law.