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suspended with pay based on allegations that he had mishandled
the school district's funds during the 1988-89 academic year.3
In September 1990, the internal claims auditor of the school
district (the auditor) determined that petitioner had received
travel advances in excess of actual expenditures for the 1988-89
academic year. Thereafter, and pursuant to New York State law,4
the school district began to withhold on a biweekly basis the
entire amount of petitioner's net wages in an effort to recoup
the excess travel advances. Thus, from late September through
the end of the year, petitioner did not receive any paychecks
from the school district.
Pursuant to his employment contract with the school
district, petitioner was entitled to receive wages in 1990 in the
amount of $66,254.66. The school district, however, withheld
from that amount a total of $10,898.90.
From the beginning of his dispute with the school district,
petitioner maintained that the money advanced to him represented
reimbursement for legitimate travel expenses incurred by him in
3 Although the record is not clear on this matter, it would
appear that petitioner had worked for the school district before
signing the 5-year contract in June 1989.
4 New York Gen. Mun. Law, sec. 77-b(6) (1986), provides as
follows:
"Where * * * an employee fails to return [an] excess
advance * * * the municipality shall deduct the amount
of such unreturned excess advance from the salary or
other money owed the * * * employee by the
municipality."
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