DEPUTY WINS ON BACK PAY
ISSUE
Deputy Sheriff, Kevin
Mooney, of Contra Costa Deputy Sheriffs’ Association, recently
received a second decision in his favor from Arbitrator John Kagel.
Mooney had been terminated by Contra Costa County, but, following a 1999
arbitration, he was reinstated with full back pay, less a suspension.
Mooney’s representatives, Ron Yank and Gregg Adam, of Carroll, Burdick
& McDonough, continued to wrangle with the county over the amount of
the back pay award. An issue arose since, between the time of his
termination and reinstatement. Mooney had returned to service as a major
in the Marine Corps. The Marine Corps has long standing provisions under
which officers are to be provided with quartering and subsistence as a
matter of "public necessity." In then-Major Mooney’s case,
the Marine Corps was unable to provide him with the requisite quartering
and subsistence and Mooney had to pay for living expenses for he and his
family out of his own pocket. Subsequently, he was reimbursed for these
amounts, and the county, without citing any supporting authority
whatsoever, contended that these reimbursements were "outside
earnings" to be deducted from the back pay award. The issue was
presented to Kagel, who ruled in Mooney’s favor and found that such
reimbursements do not constitute outside income in regard to a back pay
award and were not to be deducted from any back pay amount.
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