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Reimbursement of training expenses

By Harvey Randall, Esq.

Reimbursement of training expenses
Village of Homer v County of Cortland and Joshua Parente, 15 Misc.3d 1123(A)

The Village of Homer appointed Joshua Parente as a police officer. Parente served as a police officer of the Village until May 20, 2005, when he left his position to take a job with the Cortland County Sheriff?s Department.

When Parente was hired by the Village, he was given a copy of an Employment Handbook. The Handbook specifically indicated that he would have to reimburse the Village a percentage of his police training costs if he left position during the initial three-year period following the completion of his training. Specifically, the Handbook, which Parente acknowledged having received and read, stated that he would be responsible for paying 100% of the training costs incurred by the Village if he left before one year of service; for paying 60% of such costs if he left during his second year of service and for paying 35% of such costs if he left during his third year of service.[1]

The Village sued (1) to recapture a portions of its training costs from Parente and (2) to recover the statutorily specified portion of such costs from Cortland County, Parente?s successor employer, pursuant to General Municipal Law Section 72-c. The Village claimed the County owed it $47,803.72; the County said it owed the Village $10,633.80.[2]

Supreme Court Judge Phillip R. Rumsey ruled that the Village was entitled to partial reimbursement from the County for the salary and benefits provided to Parente during his training period plus ?44.796% the direct costs of the training itself (tuition, books, ammunition, supplies, and travel costs)? paid by the Village.

Judge Rumsey then issued a decision indicating that the Village and the County would have 30 days to either (1) submit a consent order, if they can agree to the amount to be paid by the County; (2) submit affidavits and documentary evidence, if they agree that the amount shall be determined by the court on the basis of written submissions; or (3) advise the court if either party desires a hearing on the issue of the amount owed.

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[1] Parente defaulted in answering the Village?s complaint and failed to appear in the action. Accordingly, the court ruled that Village was entitled to a default judgment against Parente for the amount sought in the Village?s complaint against him, $9,004.20.

[2] The County did not contest the Village?s assertion that the County was liable for reimbursement of training costs pursuant to General Municipal Law Section 72-c, but contended that the Village had incorrectly calculated those costs. The County petitioned for summary judgment limiting its liability to $10,633.80

Full post as published by New York Public Personnel Law on January 31, 2008 (boomark / email).