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1
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OPINION
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EXTRACTED KEY WORDS
GENERAL MUNICIPAL LAW POLICE DEPARTMENT HEAD PAY MEMORANDUM PETITIONER APPELLANT ROSE PATROLMAN GRADE RANKS JUDGE VILLAGE DOLGEVILLE RESPONDENTS YORK COSTS PERMANENT FULL-TIME OFFICER CHIEF STEFANEC COMPRESSION OPNS COMP PAY SCALE RISE CONSEQUENT PAY PURSUANT SET PAY SCALE WHEREBY |
IN THE MATTER OF DOUGLAS K. MURPHY, APPELLANT, v. VILLAGE OF DOLGEVILLE ET
AL., RESPONDENTS.
87 N.Y.2d 883, 663 N.E.2d 318, 639 N.Y.S.2d 1006
December 27, 1995
4 No. 311(1995 NY Int. 302)
Decided December 27, 1995
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Philip V. Cortese, for Appellant.
Mark R. Rose, for Respondents.
New York State Conference of Mayors and Municipal Officials, amicus
curiae.
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs.
General Municipal Law § 207-m provides that "whenever the base salary
of the permanent full-time police officer * * * who is the highest
ranking subordinate to the head of the police department in such unit,
is increased, the salary of the permanent full-time head of the police
department shall be increased by at least the same dollar amount."
Petitioner, the Chief of Police of the Village of Dolgeville, has
received pay increases each time the base salary of the highest
ranking subordinate position in his department, Patrolman Grade 1, was
increased even though that position was vacant when the salary
increases were instituted. The position has since been filled by
Officer Scott Stefanec who rose through the ranks of the department
from Patrolman Recruit to Patrolman Grade I, and is now the
petitioner's highest ranking subordinate. Petitioner argues here that
General Municipal Law § 207-m mandates that he receive an additional
pay increase equal to the sum of those received by Stefanec as he rose
through the ranks. We disagree.
The purpose of General Municipal Law § 207-m is to prevent the
compression of salaries as between police department heads who are not
members of negotiating units, and their subordinates who are (see,
Bill Jacket, L 1977, ch 827, Memorandum Supporting Assembly 7913; 1986
Opns St Comp No. 86-23; 1984 Opns St Comp No. 84-20). The problem of
salary compression does not arise from an individual's rise through
the ranks and consequent increase in pay pursuant to a set pay scale
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