Terms and conditions of the appointment
Carney v Insetta, App. Div., 3rd Dept., 263 AD2d 743, motion for leave to appeal denied, 94 NY2d 753
How does one determine what an individual is entitled to as an employee?
In resolving the Carney case, the Appellate Division said: just look at what the individual was offered when he or she was appointed to the position.
Julie Carney was appointed to the position of Animal Control Officer by the City of Oneonta. Previously a “full time” position, Carney was appointed as a part-time employee on an hourly basis. Carney initially was to work at least 24 hours per week and was paid at an hourly rate -- $8 per hour. She was also provided with health insurance benefits. When her work schedule was reduced, Carney said that she was entitled to the “salaried position” and the fringe benefits described in Oneonta’s personnel manual.
Told that she was not entitled to such benefits because she was a part-time employee, Carney for “breach of contract.”
Eventually the issue came before the Appellate Division. The court commented that while “a significant portion” of the briefs submitted by the parties debated the meaning and significance of certain passages set out in the city’s personnel manual, the question of Carney’s entitlement to the benefits she sought was “readily resolved by looking to the terms of her appointment.”
The Appellate Division said that while the position of Animal Control Officer was a full-time, salaried position and, pursuant to the terms of the City’s personnel manual, the incumbent was entitled to certain additional benefits, such as sick leave and vacation time, the record clearly shows, and Carney concedes, she was hired on a part-time, hourly basis.
The court noted that notwithstanding any benefits that may have been available to previous appointees holding the full-time, salaried Animal Control Officer position, there was nothing in the record to indicate that such benefits ever were intended to apply to a part-time, hourly appointee such as Carney.
The fact that the Animal Control Officer title is a “covered position” in the personnel manual was deemed irrelevant, since Carney’s position and the position covered by the manual “is not one and the same.” Significantly, noted the Appellate Division, the benefits described in the personnel manual were not offered to Carney at the time of her appointment and thus could not have formed the basis for her acceptance of the position.
Unless certain rights and benefits are mandated and thus available to an individual as a matter of law or pursuant to a Taylor Law agreement, the employer may set the terms of the appointment, including compensation and entitlement to fringe benefits.
The individual, unless he or she is able to negotiate an alternative arrangement, may either accept or decline the appointment under the terms and conditions offered by the appointing authority.
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