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Friday, April 17, 2015
Employees’ requests to switch from the State University’s Optional Retirement Program to the New York State and Local Employees’ Retirement System rejected
Thursday, April 16, 2015
Summaries of recent disciplinary decisions posted on the Internet by the New York City Office of Administrative Trials and Hearings [OATH]
Wednesday, April 15, 2015
Tuesday, April 14, 2015
Asking an administrative body to reconsider its earlier decision does not revive an expired statute of limitation without a fresh examination of the matter based on newly presented evidence
Monday, April 13, 2015
New York State Comptroller Thomas P. DiNapoli proposes legislation to assist State and local governments pay for retiree health care premiums
An entity claiming that it is not subject to the State’s Freedom of Information Law has the burden to provide documentary evidence that conclusively establishes such a defense as a matter of law
The Nassau County Community College Foundation [Foundation] denied Nassau Community College Federation of Teachers, Local 3150’s [Local 3150] request for certain information pursuant to the Freedom of Information Law [FOIL], Public Officers Law, Article 6. Foundation contended that it “is not a governmental agency and, therefore, is not subject to FOIL”.
In response to Local 3150’s Article 78 petition, Foundation moved to dismiss the petition insofar as it was asserted against it. Supreme Court granted Foundation's motion but the Appellate Division reversed the lower court’s ruling and reinstated Local 3050’s petition insofar as asserted against the Foundation.
What is an “agency?” The Appellate Division said that an "agency" is "any state or municipal department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprietary function for the state or any one or more municipalities thereof, except the judiciary or the state legislature," citing Public Officers Law §86.
The court then noted that Nassau Community College [College] is a public college, chartered under Education Law Article 126, sponsored and partially funded by Nassau County, and Foundation is a not-for-profit corporation created in 1979 to support the College's mission.
As to Foundation’s motion to dismiss Local 3150’s petition with respect to it, the Appellate Division said that Foundation had the burden to provide documentary evidence that "utterly refute[d] [Local 3150’s] factual allegations, conclusively establishing a defense as a matter of law.
Sunday, April 12, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending April 11, 2015
Comptroller finds almost 700 public authorities operate with little oversight and transparency About 675 local authorities operate in New York state and provide a host of important services to citizens. However, the 639 authorities operating outside of New York City employ more than 4,300 employees, report approximately $1.5 billion in spending and $18 billion in outstanding debt, and operate with little oversight.
Saturday, April 11, 2015
Matthew Driscoll will be nominated to serve as Commissioner of the Department of Transportation. Mr. Driscoll previously served as President and CEO of the New York State Environmental Facilities Corporation, where he implemented new business models which have resulted in record-setting investments in New York State’s clean water infrastructure. Mr. Driscoll has also held a number of cabinet positions in Governor Cuomo’s administration, including Co-Chair of the New York State Storm Recovery Task Force, member of the Strategic Implementation Assessment Team to assist in the progress of the Regional Economic Development Council, and board member of the Financial Restructuring Board, which delivers targeted restructuring solutions to assist New York municipalities under fiscal stress. Prior to these roles, Mr. Driscoll was twice elected mayor of the City of Syracuse. As Mayor, Mr. Driscoll’s action plan for energy conservation, sustainability initiatives and environmental protection efforts earned Syracuse national recognition. He also instituted a performance-based accountability program for city government, called SyraStat, which saved millions of dollars for city taxpayers. Mr. Driscoll’s nomination will require Senate confirmation.
Ron Thaniel has been appointed Deputy Secretary for Transportation. Mr. Thaniel has nearly two decades of transportation experience at federal, state, local and international levels on investments needed to rebuild and modernize transportation infrastructure. He previously served as Founder and Principal of Thaniel Government Relations LLC, a transportation consulting firm. Prior to that, Mr. Thaniel was Executive Director of the National Association of City Transportation Officials in New York, where he advised city transportation commissioners on the federal reauthorization for highway and transit programs. Mr. Thaniel served as Assistant Executive Director for The United States Conference of Mayors in Washington, D.C. from 2002 to 2007 and again from 2008 to 2011, where he led transportation policy and represented mayors before Congress and federal agencies and before international organizations and governments. Mr. Thaniel was also Director of Government Affairs – Northeast United States for Amtrak and was transportation aide to former Minneapolis Mayor Sharon Sayles Belton. Featured by Governing Magazine as “The Man Behind U.S. Transportation’s Future,” Mr. Thaniel has served on executive committees of numerous national transportation organizations, and is a member of the Washington, D.C. transportation think tank Eno Center for Transportation Policy. Mr. Thaniel has a B.A. from Morgan State University and an M.P.A. from Hamline University.
Karen Rae has been appointed Senior Advisor for Innovative Project Delivery for Empire State Development. Ms. Rae, a nationally-recognized transportation expert with over 35 years of related experience, previously served as Governor Cuomo’s Deputy Secretary for Transportation, a position she held since 2011. In this role, she oversaw and coordinated budget, policy and the Governor’s initiatives within the transportation portfolio, including the New York State Department of Transportation, New York State Thruway/Canals corporation, MTA, Department of Motor Vehicles, Port Authority of NY/NJ and New York State Bridge Authority. She has been directly involved in representing Governor Cuomo during the passage of New York State’s first Design/Build legislation, coordinating transportation agencies efforts to expedite environmental review and procurement of the project. Before joining the Cuomo Administration, Ms. Rae served as Deputy Administrator of the Federal Railroad Administration in the Obama Administration, where she managed the federal high speed rail initiative and developed national freight and passenger rail policy. Prior to this role, Ms. Rae was Deputy Commissioner of Policy and Planning at the New York State Department of Transportation and, prior, Director of the Virginia Department of Rail and Public Transportation, leading the effort to successfully negotiate a public/private partnership agreement and securing authorization to advance the Dulles Rail Project. Ms. Rae was named WTS International Woman of the Year in 2010. She has a B.S. from East Stroudsburg State College.
Lola W. Brabham has been appointed Executive Deputy Commissioner of the Department of Civil Service. Previously, Ms. Brabham served as Deputy Commissioner for Administration and Chief and Financial Officer for the State Department of Labor and, prior, was Assistant Chief Budget Examiner for the State Division of the Budget. She was Assistant Secretary for Health, Medicaid and Oversight and Director of Human Services in the Executive Chamber under Governor David Paterson. She was also a Legislative Budget Analyst for the Assembly Committee on Ways and Means and, early in her career, was Chief of Staff to Assemblyman N. Nick Perry. Ms. Brabham has a dual B.A. in Criminal Justice and Sociology from the State University of New York and an M.P.A. from Rockefeller College of Public Affairs and Policy.
Christopher J. Schoepflin has been appointed Western New York Regional Director, Director of Special Initiatives & President of USA Niagara. Mr. Schoepflin has served as President of the Corporation since 2005 and will be gaining additional responsibilities as Regional Director and Director of Special Initiatives. He previously served as Senior Project Manager for the Corporation and, prior to his time there, worked for the Buffalo Sabres for ten years, including five as a member of the senior management team. Mr. Schoepflin has a B.S. in Business Administration from the State University of New York.
Felisa Hochheiser has been appointed Special Counsel to the President & CEO for Ethics, Risk and Compliance for Empire State Development, where she will work with ESD’s Director of Compliance and Senior Counsel for ethics. For over five years, Ms. Hochheiser served as Director of Investigative Reporting and Special Counsel in the Office of the New York State Inspector General, where she led major investigations into criminal activity and abuses of office in New York State. Prior to that, she was principal law clerk to New York State Supreme Court Justice Richard Lee Price. She was also an associate at Hochheiser & Hochheiser, LLP. Ms. Hochheiser obtained a B.A. from Barnard College, Columbia University and a J.D. from the Benjamin N. Cardozo School of Law.
Barbara Comninos Kruzansky has been appointed Special Counsel to the Commissioner for Ethics, Risk and Compliance for the Office of Children and Family Services. Ms. Kruzansky most recently served as Lawyer in Residence at Albany Law School’s Government Law Center, where she worked on priority projects for the Law School’s legal and public policy research center. She previously served as a Senior Court Attorney for the New York State Court of Appeals. Ms. Kruzansky has a B.S. from Cornell University and a J.D., summa cum laude, from Albany Law School of Union University.
Adam W. Silverman has been appointed Special Counsel to the Commissioner for Ethics, Risk and Compliance for the Department of Corrections and Community Supervision. Mr. Silverman previously served as an associate at Greenberg Traurig LLP focusing on complex civil litigation, regulatory and administrative law, governmental investigations and litigation, and media and First Amendment law. Prior to joining Greenberg Traurig LLP, he served in the New York State Attorney General’s Office as an Assistant Attorney General in the Litigation Bureau. While there, Mr. Silverman represented state agencies and their employees and was trial counsel for state employees in six different federal lawsuits. He spends his free time as a volunteer attorney at The Legal Project in Albany, NY, where he was the recipient of the Stanley A. Rosen Memorial Award for Service to Victims of Domestic Violence in 2014. Mr. Silverman has a B.A. from The George Washington University and a J.D. from Albany Law School.
Friday, April 10, 2015
A court’s review of an adverse disciplinary decision promulgated after a hearing is limited to considering whether the determination was based on substantial evidence
2015 NY Slip Op 02963, Appellate Division, Second Department;
Thursday, April 09, 2015
The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html
The Layoff, Preferred List and Reinstatement Manual - a 435 page handbook reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html
A Reasonable Disciplinary Penalty Under the Circumstances - A 600+ page guide to penalties imposed on public employees in New York State found guilty of selected acts of misconduct. For more information, click on http://booklocker.com/books/7401.html
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