HomeMy WebLinkAboutMilitary reimbursement.pdf MILLER MAYER, LLP
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Kimberly N.Rothman
July 6, 2011
Thomas L. Boyce, Chief
Cayuga Heights Police Department
836 Hanshaw Road
Ithaca,NY 14850
Re: Military Leave flay
Dear Tom:
I am in receipt of your memorandum dated July 5, 2011 concerning authorizing military
leave pay for an employee of the Cayuga Heights Police Department.
As we discussed previously, New York Military Law § 242 requires that public
employees when subject to ordered military duty are entitled to leave from their employment for
that duty and that lie or she is entitled to their regular compensation for that military duty not
exceeding thirty(30)days in a calendar year. "Ordered military duty" is defined as service
performed pursuant to orders issued by the competent state or federal authority. New York
Military Law §242(1)(b). With respect to the National (ivard, the orders must come from the
governor of the state.
You have provided me with the documentation for nine (9) days of pay under New York
Military Law § 242. The documentation includes the orders (#1: August 17, 18 and 19,2010;
#2: August 26 and 27, 2010; 13: February 28-March 3, 201 I); item 5 of the orders state"By
direction of the governor of this state the member will perform the duty as indicated." You have
also included the time sheets and the leave time hourly rate of pay records. According to your
calculations, the employee is entitled to the following amounts: Order#I: $401.73; Order#2:
S267.82; Order#3: S593.04 or a total of$1262.59. I understand that two of the days from Order
#3 were taken as"floating holidays." Since these days were taken in a prior fiscal year, they
cannot be credited back to the employee,and instead, they must be paid.
I agree with your analysis of this issue. Please let me know ill you or any of the Trustees
have any questions. Thank you.
Thomas L.Boyce,Chief
July 6,2011
Page 2
Sincerely,
Laurie M. Johnston
cc: Thomas L. Boyce, Chief(via Regular Mail and e-mail: thoyce cnt cavur_a-hei,,hts.nv.us)
Kate Supron, Mayor
Village of Cayuga Heights (via e-mail: ksunron a cavuea-heiehts.nv.us )
h,0016010•milituy leawle ter to hoyce.doc