Association of Surrogates v. New York

940 F.2d 766, 138 L.R.R.M. (BNA) 2064, 1991 U.S. App. LEXIS 17928
CourtCourt of Appeals for the Second Circuit
DecidedJuly 31, 1991
DocketNo. 1167, Docket 90-9036
StatusPublished
Cited by26 cases

This text of 940 F.2d 766 (Association of Surrogates v. New York) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Association of Surrogates v. New York, 940 F.2d 766, 138 L.R.R.M. (BNA) 2064, 1991 U.S. App. LEXIS 17928 (2d Cir. 1991).

Opinion

GEORGE C. PRATT, Circuit Judge:

Two of the chronic problems of modern government — a budget crunch and an overworked court system — intersect to create this contract-clause challenge to New York State’s “lag payroll” law. The question before us is whether, in seeking to solve both problems through this lag-payroll scheme, the state may constitutionally finance an expansion of its court system by deferring the wages of certain court employees contrary to their collective bargaining agreements. Our answer is “no”, because the lag-payroll legislation, as interpreted by the New York Court of Appeals, violates the contract clause of the federal constitution.

[769]*769FACTS AND BACKGROUND

In December 1989 New York’s judiciary made a budget request of $972.9 million for the fiscal year beginning April 1, 1990. This request was transmitted to the governor for inclusion in the state budget, pursuant to N.Y. Const, art. VII, § 1. The judiciary’s budget request sought to create new judgeships and court positions in order to cope with “the exploding drug crisis” in the state, to increase the compensation of sitting judges, and to fund a number of collectively-bargained employee contracts.

At the same time, the state was facing a fiscal crisis. Instead of approving it outright, the legislature reduced the judiciary’s budget request by $69.1 million, and refused to allow the requested judicial salary increases. Apparently recognizing a need for increased trial capacity and related staff, the legislature nevertheless approved the creation of the new judgeships and other court positions.

To help finance the new positions and to save $7 million, the legislature imposed a “lag payroll” on the nonjudieial employees of the Unified Court System. That legislation, set forth in 1990 N.Y.Laws ch. 190, § 375 amending § 5(b), reads as follows:

(1) Notwithstanding the provisions of subdivision a of this section or of section 200 of the state finance law, commencing with the last bi-weekly payroll period ending at least fourteen days before March 31, 1991 for each nonjudicial officer or employee, the salary or wages of such officer or employee shall be payable by the state two weeks after they shall have become due. Until such time, an alternative procedure for payment of salaries and wages, to be determined by the comptroller, may be implemented in lieu of the procedure specified in subdivision 1 of such section 200 or in other provisions of law. The procedures set forth in this paragraph (including any alternative procedure determined by the comptroller) shall remain in effect until the state and an employee organization representing nonjudicial officers and employees who are in positions which are in collective negotiating units established pursuant to article 14 of the civil service law enter into an agreement providing otherwise for the payment of salaries and wages to such officers and employees.
(2) The provisions of paragraph 1 of this subdivision shall not apply to any alternative procedure for the payment of salaries and wages to nonjudicial officers and employees that was adopted pursuant to law and in effect immediately preceding the effective date of this subdivision.

The effect of this section is to delay payment of the affected employees’ salaries until two weeks after those salaries are earned. Prior to implementation of § 375, the affected employees had been paid their bi-weekly salaries immediately after the two weeks were worked. To phase in this two-week lag, the comptroller, as authorized by § 375, adopted an “alternative procedure” for paying salaries beginning November 7, 1990. Under that procedure, the affected employees were paid nine days’ salary for the ten days worked in each pay period for ten two-week periods. Thus, for the fiscal year which ended March 31, 1991, affected employees were paid for 50 weeks’ work instead of 52. The two weeks’ pay thus withheld will be payable to the employees at the termination of their employment with the state at the rate of pay applicable to them at the time of termination.

This was not the first lag payroll imposed on. judiciary employees. In 1982, during negotiations for the 1982-1985 contract period, the Unified Court System and the collective bargaining representatives for employees of the courts agreed to the establishment of a lag payroll provided a similar lag payroll was to be implemented for the majority of executive branch employees. A lag payroll was in fact implemented on most executive branch employees in 1982, and the judicial branch lag payroll commenced on November 18, 1982. This lag payroll was in effect until April 6, 1983, and applied only to those employees on the payroll during that period. Thus, § 375 amending § 5(b)(2) exempts from the current lag payroll those employees who [770]*770had been subject to the previous negotiated one.

Each of the eleven individual plaintiffs is a court employee affected by the lag payroll, and each of the eleven plaintiff labor organizations is a party to a three-year collective bargaining agreement with New York’s Unified Court System. Although the terminology varies slightly among some of the agreements, each essentially contains the following article:

SALARY COMPUTATION

Bi-weekly salaries will be computed on the basis of 10 working days.

In addition, N.Y. State Finance Law § 200(1) provides: “The salaries of all officers of the state and the wages of all employees thereof shall be due from and payable by the state bi-weekly.” This provision was expressly superseded by the lag payroll legislation for the pertinent time period.

Plaintiffs filed this action in the Southern District of New York, asserting three federal constitutional violations. They claimed (1) that the lag-payroll legislation violated the contract clause, (2) that it constituted a deprivation of property without due process of law, and (3) that it violated the equal protection clause of the fourteenth amendment. The plaintiffs sought a declaration that the lag-payroll legislation was unconstitutional, an injunction prohibiting defendants from implementing the lag payroll, and damages in the form of restitution of any salary withheld under the system.

In an opinion reported at 749 F.Supp. 97 (S.D.N.Y.1990), Judge Patterson granted summary judgment for the defendants. He reasoned, first, that there was no contractual impairment at all, because each collective bargaining agreement contained the following provision, as mandated by N.Y.Civ.Serv.Law § 204-a(l):

It is agreed by and between the parties that any provision of this agreement requiring legislative action to permit its implementation by amendment of law or by providing the additional funds therefor, shall not become effective until the appropriate legislative body has given approval.

Judge Patterson interpreted this provision as contemplating a separate legislative appropriation in each fiscal year in order to implement the compensation provisions of the three-year collective bargaining agreements. 749 F.Supp. at 100-01.

Secondly, Judge Patterson held that, should his interpretation of § 204-a(l) be incorrect, any impairment of contractual rights was reasonable and necessary to further an important public purpose under the test enunciated in United States Trust Co. of New York v. New Jersey, 431 U.S. 1, 25, 97 S.Ct.

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940 F.2d 766, 138 L.R.R.M. (BNA) 2064, 1991 U.S. App. LEXIS 17928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/association-of-surrogates-v-new-york-ca2-1991.