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Deputy Wins On Back Pay Issue

Posted on Tuesday, May 01, 2001 at 12:00PM

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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