Labor & Employment Law

Status as head of a police department ? not the individual?s title -- triggers GML 207-m benefits

By Harvey Randall, Esq.

Status as head of a police department ? not the individual?s title -- triggers GML 207-m benefits
Paradiso v Loeffler, 19 Misc.3d 1103 (This decision will not be published in the printed Official Reports)

On July 13, 2007, the attorney for Edward Paradiso wrote to the Mayor of the Village of Ocean Beach asking that Paradiso?s annual compensation be increased by $2,174.00 and that he receive his yearly longevity payment of $1,500.00 consistent with the requirements of Section 207-m of the General Municipal Law.¹ Paradiso?s claim, said his attorney, was based on the amount of compensation being paid the Village?s next highest ranking police officer.

The Village refused to adjust Paradiso?s salarly, contending that he was not the Police Chief and that his title with the Village Police Department is Sergeant. Paradiso sued.

The Village of Ocean Beach, a seasonal community, has only two full time police positions, one of them being the Paradio's position. The other position is ?designated? Acting Deputy Chief." It argued that consistent with Civil Service Law 58.1-c the Village is not required to appoint a Chief of Police to head its Police Department due to the small size of its permanent police force.

Supreme Court said that for the purposes of Section 207-m, ?it is irrelevant whether Paradiso is a Sergeant or a Chief of Police.? The court pointed out that ?General Municipal Law 207-m does not state that it applies to the Chief of Police, an appointed title under New York State Civil Service. Instead, this statute specifically states that it applies to the head of the Police Department? [emphasis supplied].

As Paradiso was the head of the Village Police Department, even if he may not have been the appointed to the title "Chief of Police," the court ruled that Paradioso is entitled to all salary increases, benefits and enhancements provided for by General Municipal Law 207-m as he served as the head of the Village?s police department.

¹ Section 207-m mandates that the full time head of a police department receive an annual salary at least equal to that of his or her highest ranking subordinate.

Full post as published by New York Public Personnel Law on April 07, 2008 (boomark / email).