Court of Appeals - State Employee Compensation: Kent v. Lefkowitz, et al.

Daily Record Staff//June 1, 2016//

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New York State Court of Appeals

State Employee Compensation

Discretion of Budget Director

Kent v. Lefkowitz, et al.

No. 63

Judge Difiore

Background: The New York State Racing and Wagering Board reduced the per diem wages for tis seasonal employees by 25% in 1996. The Public Employees Federation filed an improper practice charge alleging the reduction in wages violated Section 209-a(1)(d) of the Civil Service Law. At issue is whether the decision of the respondent Public Employment Relations Board, dismissing the improper practice charge, was in error.

Ruling: The Court of Appeals held that the decision was not made in error, nor was it arbitrary or capricious. The court found that the written agreement used as a key piece of evidence made it reasonably clear that the State Budget Director’s discretion was limited with respect to compensation for seasonal employees.

David P. Quinn and Julie M. Sheridan for the appellants; Lisa M. King for the respondent