CARMEL – Two retired Carmel Town Police officers, who sought to have the town pay them for their unused sick time have lost their case.
Michael Williams retired on March 28, 2015 and Gary Johnson retired on April 28, 2016. Together they filed an article 78 proceeding against the town claiming it violated terms of the agreement between the PBA and town.
The Appellate Division of State Supreme Court ruled filing the article 78 challenge “is not the proper vehicle to resolve contractual rights.”
In deciding the case, the appellate court wrote that “the disputed provision at issue sets forth that its terms apply upon ‘effective ratification [of the agreement]’ and thus would be applicable only to those individuals who retire after the effect date of the agreement.”
Since the two officers retired before the effective date of the agreement, “they are not entitled to payments for unused sick time under the terms of the agreement,” the court ruled in an August 21 decision.
