Hearing officer considers failed efforts at “progressive discipline” in setting disciplinary penalty
Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.
August 25, 2016
Hearing officer considers failed efforts at “progressive discipline” in setting disciplinary penalty
Hearing officer considers failed efforts at “progressive discipline” in setting disciplinary penalty
September 10, 2010
School district ordered to reimburse Medicare-eligible retirees enrolled in Medicare the cost of Medicare premiums
Matter of Bryant v Board of Educ., Chenango Forks Cent. School Dist., Supreme Court, Broome County, 2010 NY Slip Op 20360, Decided on September 3, 2010, Supreme Court, Broome County, Judge Philip R. Rumsey
The Chenango Forks Central School District discontinued reimbursing its Medicare-eligible retirees and their dependents participating in its health insurance plan the premiums they were required to pay for participating in Medicare.
The District’s Health Insurance Plan was underwritten by “Blue Cross/Blue Shield” [Plan] that did not require that eligible individuals enroll in Medicare. However, the Plan would not cover services that would be provided to a Medicare recipient by Medicare even if an eligible individual or his or her covered dependent failed to enroll in Part B.*
Theodora Q. Bryant and a number of other school district retirees or the survivors of such retirees brought an Article 78 action in an effort to annul the School District’s failure to reimburse them for the Medicare premiums that were required to pay for their Medicare coverage. Bryant contended that the District’s action violated the statutory moratorium against reducing the health insurance benefits of school district retirees, or the contributions made to obtain such benefits, in the absence of a similar decrease in benefits or contributions for active employees.**
All petitioners are 65 years of age, or older, and are eligible to receive Medicare benefits, including Part B, which provides coverage for physician and outpatient services. A monthly premium for Part B coverage is deducted from the Social Security benefits payable to an enrolled individual. In 1987 and 1988, in accordance with a collective bargaining agreement, respondent provided health insurance to teachers and eligible retirees through NYSHIP, New York’s health insurance plan for State officers and employees and the officers and employees of political subdivisions of the State electing to become “participating employers.”
NYSHIP required Medicare-eligible individuals to enroll in Medicare as NYSHIP but reimburse the Medicare premiums that they were required to pay in accordance with the provisions of Civil Service Law §167-a.
In 1988, the collective bargaining agreement between the District and the Chenango Forks Teachers Association replaced NYSHIP with a Blue Cross/Blue Shield Plan (Plan), which does not require that eligible individuals enroll in Medicare. However the Plan did not provide benefits services that would be provided to a Medicare recipient in the event a Medicare-eligible participant failed to enroll in Medicare. Although the new collective bargaining agreement was silent with respect to the District reimbursing Medicare premiums to the Medicare-eligible participants, the District reimbursed such retirees for their Medicare premiums continuously since at least 1980.
The District discontinued making such reimbursements effective July 1, 2003.
Bryant, however, contended that the Moratorium precluded any diminution in health insurance benefits provided to retirees or their dependents, or contributions made toward the payment of retiree health benefits, "unless a corresponding diminution of benefits or contributions is effected from the present level during this period by such district or board from the corresponding group of active employees for such retirees, [emphasis Judge Rumsey's]. Judge Rumsey agreed and, annulling the District’s discontinuing it practice of reimbursing Medicare-eligible retirees their Medicare premiums and directed it to pay Bryant and her co-litigants “the amounts of such premiums that would have been so reimbursed, in the absence of the challenged determination.”
* The State’s NYSHIP health insurance plan incorporates a similar limitation in that its health insurance plan does not pay for those services that would be otherwise paid by Medicare on behalf of a Medicare-eligible individual thereby requiring such an individual and his or her dependents to enroll in Medicare and pay the premiums required for such Medicare coverages in order to have such coverages.
** Initially enacted in 2003 (see Chapter 48 of the Laws of 2003), the prohibition was periodically extended and made permanent in 2009 [Chapter 504, Laws of 2009, §14(b)].
The Byrant decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_20360.htm
For additional information concerning the issues concerning reimbursing Medicare-eligible retirees for their Medicare premiums, please go to:
http://publicpersonnellaw.blogspot.com/2010/05/reduction-of-medicare-premiums.html
.
July 09, 2010
Workers’ compensation leave pursuant to Civil Service Law Section 71
Bryant v City of New York, App. Div., 3rd Dept, 252 A.D.2d 777, Motion for leave to appeal denied, 92 N.Y.2d 813
Section 71 of the Civil Service Law, commonly referred to as “workers’ compensation leave,” requires a public employer to give an employee who is injured on the job and as a result is unable to perform his or her duties a leave of absence for at least one year unless he or she is permanently disabled. The standard applied: the employee’s disability must result from an occupational injury or disease as defined in the Workers’ Compensation Law [WCL].
Many Taylor Law agreements provided for workers’ compensation leave, incorporating by reference the provisions of Section 71 of the Civil Service Law. However, not every injury or disease suffered at work that prevents an individual from performing the duties of the position is an “occupational injury or disease” within the meaning of WCL. As the Court of Appeals held in Mack v Rockland County, 71 NY2d 1008, for the purposes of determining eligibility for workers’ compensation benefits, “an occupational disease derives from the very nature of the employment, not a specific condition peculiar to the employee’s place of work.”
The Bryant case illustrates the fact that not every disease or injury arising in the work place is an occupational injury or disease for the purposes of receiving workers’ compensation benefits and thus such a claim does not automatically trigger eligibility for workers’ compensation leave.
Meridie Bryant, a word processor employed by the City of New York, applied for workers’ compensation benefits claiming that neck, shoulder and back ailments she suffered were caused by the physical layout of her work site and the chair in which she sat while at work. The Workers’ Compensation Board rejected her application on the grounds that she had not suffered an occupational injury or disease within the meaning of the Workers’ Compensation Law.
Byrant’s appeal from the Board’s ruling was rejected by the Appellate Division.
The court, citing the Court of Appeals’ decision in Mack, said that in order to be eligible for workers’ compensation benefits, the applicant “was required to demonstrate a recognizable link between the disease from which [he or] she allegedly suffers and some distinctive feature of [his or] her employment.”
The Appellate Division decided that Byrant’s condition related to her particular work area and not the “very nature of her employment.” Accordingly, the court upheld the Board’s determination rejecting Byrant’s workers’ compensation claim and dismissed her appeal.
The practical effect of this for the purposes of Section 71, however, is not as drastic as it might appear. Section 71 leave is provided as a leave without pay, although the employee may be continued on the payroll using his or her leave credits in order to continue to be paid.
If the individual viewed as being on workers’ compensation leave by the employer is later found not to have suffered an occupational injury or disease as was the situation in Bryant’s case, all that need be done is to amend the employee’s personnel record to show that he or she is on Section 72, rather than Section 71 leave.
Section 72 leave is available to an employee who is unable to perform his or her duties because of a disability other than a disability resulting from an occupational injury or disease as defined in WCL. Again employees are entitled to such a leave of absence without pay as a matter of law. As is the case in a Section 71 situation, “an employee on such leave of absence shall be entitled to draw all accumulated, unused sick leave, vacation, overtime and other time allowances standing to his [or her] credit” while on such leave.
There is, however, one significant difference between Section 71 leave and Section 72 leave. The one-year leave period allowed under Section 71 is determined on the basis of the individual’s cumulative absence while the minimum leave period under Section 72 is based on the employee’s consecutive absence for one year.
In other words, under Section 72, the employee may be terminated pursuant to Section 73 of the Civil Service Law if he or she has been absent from work for an uninterrupted period of at least one year. On the other hand, an employee absent on Section 71 leave may be terminate after he or she has been absent for a cumulative total of at least one year, even if such absences are intermittent whereby the employee returns to work and then goes on Section 71 leave again because of the same injury or disease.
It should be remembered that under both Section 71 and Section 72, separating an employee from service after the employee has been absent for the minimum period mandated for such leave is discretionary and the appointing authority is not required to terminate the employee.
June 18, 2013
Bryant v Board of Educ., Chenango Forks Cent. Sch. Dist., 2013 NY Slip Op 04379, Appellate Division, Third Department
June 16, 2016
Reimbursment of Medicare premiums paid by retirees participating in their former employer’s health insurance plan
Supreme Court, Broome County, granted Theodora Q. Bryant’s CPLR Article 78 application to annul a determination of Chenango Forks Central School District to terminate reimbursement of certain Medicare premiums.*
The Public Employment Relations Board directed the School
District to rescind its June 2003 memorandum in which it notified
employees and retirees that it was terminating its practice of reimbursing
Medicare Part B premiums.
In a companion case PERB ruled that the school district must
reinstate its former practice of reimbursing retirees for Medicare Part B
premiums -- the same relief sought in the current proceeding.
The Appellate Division noted that PERB's order in the
companion case has been upheld by the Court of Appeals [see 2013 NY Slip Op
04039 (2013)]. Accordingly, Bryant received the full relief challenged by School
District in the current appeal as a result of that determination, .
Accordingly, the court ruled that the instant appeal is now moot.
As to argument advanced under color of an exception to the
mootness doctrine, the Appellate Division held that the claimed exception “does
not apply in that, although the issue advanced herein may recur and is
significant, it is not likely to evade review.”
* The underlying
facts are set forth in the Appellate Division’s prior decision (21 AD3d 1134
[2005]) and in the companion case brought by the Chenango
Forks Central School
District (Matter
of Chenango Forks Cent. School Dist. v New York State Pub. Empl. Relations Bd.,
95 AD3d 1479 [2012], affd ___ NY3d ___, 2013 NY Slip
Op 04039 [2013]). See, also, NYPPL’s summary of that decision posted on the
Internet at http://publicpersonnellaw.blogspot.com/search?q=bryant
The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2013/2013_04379.htm
May 26, 2022
Challenging a central school district's decision to discontinue reimbursements for certain Medicare Part B premium surcharges
In various collective bargaining agreements [CBA] between the Chappaqua Central School District [District] and the Chappaqua Congress of Teachers [CCT], an association representing certain District employees, the District agreed to provide healthcare benefits for active and retired employees and their spouses and dependents. Retired employees over age 65 were required to enroll in a Medicare Part B program [Part B] and, in keeping with the provisions set out in the several CBAs, the District reimbursed retirees the cost of Part B coverage.
Some retirees, based upon their household income, were subject to a surcharge in addition to the standard Part B premium, the so-called "income-related monthly adjustment amount" [IRMAA]. Prior to August 2018, the Districtreimbursed retirees for IRMAA surcharges in addition to the standard Medicare premium cost.
The CCT challenged the District's action. Supreme Court granted CCT's petition, annulled the District's determination, and directed the District to reinstate reimbursement for the Medicare Part B surcharges.
In response to the District's appeal, the Appellate Division sustained the lower courts ruling. The text of its decision is set out below:
Matter of Bailenson v Board of Educ. of the Chappaqua Cent. Sch. Dist. |
2021 NY Slip Op 03318 |
Decided on May 26, 2021 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on May 26, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
HECTOR D. LASALLE, P.J.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
ANGELA G. IANNACCI, JJ.
2019-08292
(Index No. 70427/18)
[*1]In the Matter of Myrna Bailenson, et al., respondents,
v
Board of Education of the Chappaqua Central School District, et al., appellants.
Shaw, Perelson, May & Lambert, LLP, Poughkeepsie, NY (Mark C. Rushfield of counsel), for appellants.
Robert T. Reilly, New York, NY (Oriana Vigliotti of counsel), for respondents.
DECISION & ORDER
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Education of the Chappaqua Central School District dated August 16, 2018, which discontinued reimbursements for certain Medicare Part B premium surcharges, the appeal is from a judgment of the Supreme Court, Westchester County (Susan Cacace, J.), dated May 20, 2019. The judgment granted the petition, annulled the determination, and directed the respondents to reinstate reimbursement for the Medicare Part B surcharges.ORDERED that the judgment is affirmed, with costs.
Pursuant to collective bargaining agreements (hereinafter CBAs) between the Chappaqua Central School District (hereinafter the district) and the Chappaqua Congress of Teachers (hereinafter the CCT), an association representing district employees, the district agreed to provide healthcare benefits for active and retired employees and their spouses and dependents. Retired employees over age 65 were required to enroll in a Medicare Part B program (hereinafter Part B) and, in keeping with the CBAs, the district reimbursed retirees the cost of Part B coverage. Some retirees, based upon their household income, were subject to a surcharge in addition to the standard Part B premium, known as the income-related monthly adjustment amount (hereinafter IRMAA). Prior to August 2018, the district reimbursed retirees for IRMAA surcharges in addition to the standard premium cost.
On August 16, 2018, the district informed retirees that it would no longer reimburse them for IRMAA surcharges. In response, the petitioners commenced this CPLR article 78 proceeding against the Board of Education of the Chappaqua Central School District, the district, and Christine Ackerman, as superintendent of the district, seeking to annul the August 16, 2018 determination on the ground that it violated chapter 729 of the Laws of 1994 (as amended by L 2007, ch 22), known as the Retiree Health Insurance Moratorium Act (hereinafter the moratorium statute), and seeking reinstatement of the reimbursements.
The Supreme Court agreed that the district's discontinuation of reimbursements violated the moratorium statute, granted the petition, and directed the district to reinstate the reimbursement, including retroactive reimbursements. This appeal ensued.
The moratorium statute sets "'a minimum baseline or "floor" for retiree health benefits'" which is "'measured by the health insurance benefits received by active employees. . . . In other words, the moratorium statute does not permit an employer to whom the statute applies to provide retirees with lesser health insurance benefits than active employees'" (Matter of Altic v Board of Educ., 142 AD3d 1311, 1312, quoting Matter of Anderson v Niagara Falls City Sch. Dist., 125 AD3d 1407, 1408). Thus, a school district may not diminish retirees' health insurance benefits unless it makes "a corresponding diminution in the health insurance benefits or contributions of active employees" (Matter of Baker v Board of Educ., 29 AD3d 574, 575). The purpose of the moratorium statute is to protect the rights of retirees who "'are not represented in the collective bargaining process, [and] are powerless to stop unilateral depreciation or even elimination of health insurance benefits once the contract under which they retired has expired'" (Matter of Bryant v Board of Educ., Chenango Forks Cent. School Dist., 21 AD3d 1134, 1135, quoting Assembly Mem in Support, 1996 McKinney's Session Laws of NY at 2050; see Matter of Jones v Board of Educ. of Watertown City School Dist., 30 AD3d 967, 970).
Here, it is undisputed both that the CBAs between the district and the CCT did not address Part B or IRMAA reimbursements and that the district in fact provided such reimbursements, even if, as it claims, the reimbursements were made inconsistently. Thus, the reimbursements were "retiree health insurance benefits that were voluntarily conferredas a matter of school district policy" (Kolbe v Tibbetts, 22 NY3d 344, 358). Accordingly, the Supreme Court correctly concluded that the discontinuation of IRMAA reimbursements was a matter subject to the moratorium statute (see Matter of Anderson v Niagara Falls City Sch. Dist., 125 AD3d at 1408-1409; Matter of Baker v Board of Educ., 29 AD3d at 575; Matter of Bryant v Board of Educ., Chenango Forks Cent. School Dist., 21 AD3d at 1136; see generally Matter of Albany Police Officers Union, Local 2841, Law Enforcement Officers Union Dist. Council 82, AFSCME, AFL-CIO v New York Pub. Empl. Relations Bd., 149 AD3d 1236, 1238; Matter of Chenango Forks Cent. School Dist. v New York State Pub. Empl. Relations Bd., 95 AD3d 1479, 1480-1481, affd 95 AD3d 1479).
Like the Supreme Court, we find unpersuasive the district's claim that IRMAA reimbursements were disbursed for a decade as the result of an administrative error without the district becoming aware of the error. However, even if proved, the district has pointed to no authority suggesting that this alleged error removes the matter from the scope of the moratorium statute. Similarly, the court correctly rejected as "circular reasoning" which was "entirely inconsistent with the legislative intent" of the moratorium statute the district's claim that the new policy would cause a corresponding diminution in active employees' benefits since, upon retirement, they, too, would not receive IRMAA reimbursements. The purpose of the moratorium statute was to tie retiree benefits to active employee benefits so that retirees could benefit from the collective bargaining power of the active employees. To accept the district's argument would eviscerate that purpose (see Matter of Bryant v Board of Educ., Chenango Forks Cent. School Dist., 21 AD3d at 1135; Assembly Mem in Support, 1996 McKinney's Session Laws of NY at 2049-2050). Accordingly, the court correctly determined that discontinuation of IRMAA reimbursements violated the moratorium statute and properly granted the petition.
LASALLE, P.J, CHAMBERS, AUSTIN and IANNACCI, JJ., concur.
2019-08292 DECISION & ORDER ON MOTION
N.B.
In the Matter of Myrna Bailenson, et al., respondents,
v Board of Education of the Chappaqua Central
School District, et al., appellants.
(Index No. 70427/18)
Motion by the petitioners to strike footnote 2 on page 5 of the appellants' reply brief on the ground that it refers to matter dehors the record. By decision and order on motion of this Court dated July 31, 2020, the motion was held in abeyance and referred to the panel of Justices [*2]hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeal, it is
ORDERED that the motion is granted, and footnote 2 on page 5 of the appellants' reply brief is deemed stricken and has not been considered in the determination of the appeal.
LASALLE, P.J, CHAMBERS, AUSTIN and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
June 10, 2024
As Plaintiff received inpatient and rehabilitative treatment for more than two months following an accident he was found to have a reasonable excuse for the delay in his motion to serve a late notice of claim
Matter of Talavera v New York City Tr. Auth. |
2024 NY Slip Op 03098 |
Decided on |
Appellate Division, First Department |
Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431. |
This opinion is uncorrected and subject to revision before
publication in the Official Reports. |
Decided and Entered:
Before: Kern, J.P., Moulton, Friedman, González, Pitt-Burke, JJ.
Index No. 155051/23 Appeal No. 2443 Case No. 2024-00448
In the Matter of
Angel Talavera, Petitioner-Respondent,
v
New York City Transit Authority et al., Respondents-Appellants.
Anna J. Ervolina, MTA Law Department,
Mischel & Horn, P.C.,
Order, Supreme Court, New York County (Denise M. Dominguez, J.), entered
January 17, 2024, which, to the extent appealed from as limited by the briefs,
granted petitioner's motion to serve a late notice of claim, unanimously
affirmed, without costs.
Supreme Court providently exercised its discretion in
granting petitioner leave to file a late notice of claim (General Municipal Law
§ 50-e[5]). Petitioner served respondents only two days after expiration of the
90-day time limit and made the application for leave to file a late of claim
less than a week later. Not only was the delay minimal, but plaintiff received
inpatient and rehabilitative treatment for more than two months following the
accident, and therefore had a reasonable excuse for the delay (see Matter of
Rijos v New York City Tr. Auth., AD3d , 2024 NY Slip Op 02510 [1st Dept
2024]; Matter of Mejia v New York City Tr. Auth., 224 AD3d 546,
546 [1st Dept 2024]). Moreover, neither party disputes that respondents were
aware of the accident, which was witnessed by the train conductor and
investigated by a
We reject respondents' contention that the motion court should not have considered petitioner's medical records. The medical records, which petitioner submitted at the court's direction, constituted evidence to corroborate his application, not to improperly advance a new argument or theory of liability.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
January 18, 2016
Administrative Appointments Announced on January 15, 2015
Administrative Appointments Announced on January 15, 2015
David Perino, Esq. has been appointed assistant counsel to the Governor with a focus on legislative matters. Prior to this role, Mr. Perino served as special counsel at the New York State Legislative Bill Drafting Commission. Before that, he was a special prosecutor for the City of Watervliet. Mr. Perino was also assistant corporation counsel for the City of Cohoes Corporation Counsel’s Office and performed assigned counsel work for the New York State Appellate Division – Third Department. He holds a J.D. from Albany Law School of Union University and a B.S. in Chemical Engineering from Carnegie Mellon University.
Terrance Pratt, Esq. has been named assistant counsel to the Governor with a focus on education. Mr. Pratt previously served as assistant director for government relations with the New York State Council of School Superintendents. Mr. Pratt has also worked as an associate attorney at Malkin & Ross, providing legal services to a diverse client group on a wide range of critical policy issues. Prior to that, Mr. Pratt served as counsel to former New York State Assemblyman Pete Grannis and the Assembly Insurance Committee. In 2007, Mr. Pratt served as an assistant counsel at the New York State Department of Environmental Conservation. Mr. Pratt holds a J.D. from Albany Law Schooland a B.A. from Monmouth University.
Rosemary J. Powers has been appointed deputy director of state operations for programs. Ms. Powers previously served as chief operating officer of the New York State Department of Transportation where she was responsible for regional office functions, all statewide business service initiatives and the Office of Right of Way. Ms. Powers has held a variety of positions in state and local government, including deputy chief of staff in the Office of Massachusetts Governor Deval Patrick. In this position, Ms. Powers was a lead strategist for Governor Patrick, providing advice and counsel to him and many other senior members of the Patrick Administration. Achievements included enactment of the Transportation Finance Reform bill, groundbreaking legislation related to controlling the cost of health care and proposals to address youth and gun violence. Prior to that, Ms. Powers served as both chief of staff at the Massachusetts Department of Environmental Protection and as government affairs director for the Department of Conservation and Recreation. Ms. Powers received her B.A. from Suffolk Universityand an M.P.A. from Harvard’s John F. Kennedy School of Government.
Brenda Torres has been appointed assistant secretary for the environment. Ms. Torres most recently served as director of the Northeast Regional Office in the Unites States for the Puerto Rico Federal Affairs Administration. In that role, Ms. Torres managed and coordinated community service programs for more than 3 million people living in the Tri-State region; and represented the Commonwealth of Puerto Rico before federal, state and local governments on issues related to infrastructure, health care, and economic development. Ms. Torres has also served as a consultant for El Puente where she helped develop two major sustainability initiatives. Prior to that, Ms. Torres was the executive director of Santa Clara Valley Audubon Society in California, and the San Juan Bay National Estuary Program in Puerto Rico. Ms. Torres is a LEED AP and holds a masters in environmental management from Yale University. She has also completed a certificate executive program for nonprofit leaders at Stanford University’s Graduate School of Business and finished her B.S. in Environmental Sciences at the University of Puerto Rico.
Andrew Ball has been appointed director of scheduling for Governor Cuomo. Previously, Mr. Ball served as confidential assistant to the Governor where he coordinated many aspects of the Governor’s travel and schedule, including helping manage advance and logistical operations for public events statewide. Mr. Ball joined the Cuomo administration in 2011 as special assistant for legislative and intergovernmental affairs, where he served as a liaison between local elected officials and the administration, including addressing constituent issues and facilitating coordination between legislative members and state agencies. A Long Island native, Mr. Ball graduated from Syracuse Universityin 2010.
Reid Sims has been appointed deputy director of Executive Chamber operations. Mr. Sims previously served as an operations coordinator for the New York State Executive Chamber, where he oversaw advance and event operations for the Governor. Mr. Sims previously worked on Governor Cuomo’s 2010 gubernatorial campaign. Mr. Sims holds a B.A. in political science from the City University of New York.
Camille Joseph Varlack, Esq. has been appointed deputy director for ethics, risk and compliance in the Executive Chamber. Until recently, Ms. Varlack was special counsel to the superintendent of the Department of Financial Services for ethics, risk and compliance. In her new role, Ms. Varlack will coordinate the Governor's statewide ethics, risk and compliance program across agencies and authorities, working with the state's chief risk officer. She will continue to directly advise the superintendent of the Department of Financial Services. Ms. Varlack previously served as a principal law clerk for the New York State Supreme Court and assistant vice president and counsel at AXA Financial, Inc. Ms. Varlack has also served as an assistant district attorney for the Kings County District Attorney’s Office, legal assistant in the law department of News Corporation and an investigative assistant for the New York State Attorney General. Ms. Varlack holds a B.A. from the State University of New York at Buffaloand a J.D. from Brooklyn Law School.
Kevin Amien Younis has been appointed chief operating officer for Empire State Development. Mr. Younis has worked for ESD for the past nine years – serving in a variety of high-level positions, including executive vice president of public policy, planning and incentives; senior vice president for government affairs and regional president; vice president for intergovernmental and legislative affairs; and director of state legislative affairs. Prior to that, Mr. Younis was policy director for the Civil Service Employees Association and chief of staff to former New York State Assemblyman David Koon. Mr. Younis holds a certificate in trade union management and leadership from Harvard University, an M.P.A. from Nelson A. Rockefeller College of Public Affairs and Policy and B.A. from SUNY Cortland.
Maria Lehman has been appointed chief operating officer for the New York State Thruway Authority where she is currently the interim director of maintenance and operations. While at the Thruway, Ms. Lehman served as the program manager for New York Stateon the Peace Bridge, and the project director for risk management and project controls on the new New York Bridgeover the Hudson. Before working in state government, Ms. Lehman was the vice president and corporate business sector lead for transportation at Bergmann Associates, and the corporate director for quality assurance at URS Corporation. She has also served as the commissioner of public works for Erie County, New York. Ms. Lehman holds a B.S. in civil engineering from SUNY Buffalo and is a licensed professional engineer in several states.
Lindsey Boylan has been appointed chief of staff at the Empire State Development, after previously serving as the vice president of business development. Prior to her time at ESD, Ms. Boylan was the vice president of RBC Capital Markets. She has also held a number of roles at the Bryant Park Corporation, including director of business affairs, associate director of operations and operations manager. Ms. Boylan has also served as a project manager for Alex Garvin & Associates, a planning and consulting firm. Ms. Boylan holds an M.B.A from Columbia Universityand a B.A. in Political Science from Wellesley College.
Richard J. Zahnleuter, Esq. has been appointed general counsel at the New York State Department of Health, where he recently served as acting general counsel. Mr. Zahnleuter has held multiple roles at the Department of Health over the past 15 years, including director of the Bureau of Litigation and associate counsel for the Bureau of Professional Medical Conduct. Mr. Zahnleuter was a trial attorney in the private sector between 1989 and 1999, served as deputy special counsel to Governor Mario Cuomo for four years, and was an attorney with the Department of Health from 1981 to 1985. Mr Zahnleuter holds a J.D. from Albany Law Schooland a B.S. in Biology from SUNY College of Environmental Science and Forestry at Syracuse University.
Karen M. Hunter has been appointed Chief of Staff at the New York State Thruway Authority, after previously serving as interim executive director. Prior to that, Ms. Hunter served as Director of Financial Administration at New York State Homes and Community Renewal. In that role, Ms. Hunter oversaw banking, investment and payment processes, contracting and purchasing functions, federal and state reporting requirements, and regulatory compliance. Before that, Ms. Hunter worked as upstate regional director for the Housing Finance Agency and was an associate budget examiner for the New York State Division of the Budget. Ms. Hunter has an M.B.A. from SUNY Albany, and holds a B.A. from University of Illinoisat Urbana-Champaign.
Stephanie Davis has been appointed deputy commissioner of policy and communications at the Division of Homes and Community Renewal. Since 2003, Ms. Davis has worked at Excellus BlueCross BlueShield where she held positions as the regional vice president of communications for the Utica Region and the director of communications for the Southern Tier. From 1992 to 2003, she held multiple roles working for the New York State Senate. She is former chair of the Greater Utica Chamber of Commerce Government Affairs and Economic Development Council and holds a B.A. in Political Science from Union College.
Janet Ho has been appointed deputy commissioner at the New York State Department of Motor Vehicles. Ms. Ho most recently served as the assistant secretary for transportation for Governor Cuomo. Prior to her time at the Executive Chamber, Ms. Ho worked for the New York State Senate Finance Committee as a deputy director of budget studies concentrating primarily in the areas of transportation, environment, economic development, energy and housing. Before that, she was a senior legislative budget analyst for the New York State Assembly Waysand Means Committee. She holds an MPA from John Jay College of Criminal Justice, a B.A. in Psychology, as well as a B.A. in Criminology, Law and Society, from U.C. Irvine.
Maria Knirk, Esq. has been appointed deputy commissioner of the New York State Department of Agriculture and Markets, where she has held multiple titles, including special assistant for federal policy and assistant commissioner. Prior to working in New York Stategovernment, Ms. Knirk was a regulatory policy analyst at the Delaware Department of Agriculture. Ms. Knirk has previously served as a law clerk for Varnum Attorneys at Law, and an adjunct instructor at Southwestern Michigan College. She holds a B.A. in communications, a B.B.A. and an M.B.A. from Ferris State University. She also holds a J.D. from Michigan State University College of Law.
Raymond LaMarco has been appointed assistant commissioner for administrative services at the New York State Department of Transportation. Mr. LaMarco has more than 33 years of experience working in New York Stategovernment. He has held multiple positions at the Department of Transportation, including director of human resources management and employee relations. He has previously held positions as the Director of Labor Relations at the NYS Office of Children and Family Services and Director of Human Resources Management at the NYS Office of Alcohol and Substance Abuse. He holds a B.S. in organizational management from Nyack College, an A.A.S. degree in construction technology from Herkimer Community College and an occupational health and safety certification from Cornell University.
Thomas A. Pohl, Esq. has been appointed deputy counsel for the New York State Office of General Services. Mr. Pohl has been with OGS for more than 40 years, previously serving as an associate attorney for Legal Services. In this role, Mr. Pohl worked with senior staff on New York State’s real property issues, including the development of public policy and management of litigation and defense. Prior to that, Mr. Pohl served as a senior attorney for Realty in the OGS Division of Land Utilization, chief of the OGS Bureau of Land Disposition, and attorney in the OGS Bureau of Land Disposition. Mr. Pohl holds a J.D. from Albany Law Schooland a B.A. from Siena College.
Patrick Meredith has been appointed assistant commissioner for regional operations at the Department of Transportation, Western New York. Mr. Meredith has nearly two decades of experience in the public sector, overseeing the management and construction of capital improvement projects including roads, parks, storm water and sewer systems. Mr. Meredith previously served as commissioner of public works for the Town of Irondequoit, and before that, as deputy commissioner for the Town. Previously, Mr. Meredith owned his own construction company and served as assistant engineer for the Town of Penfield. Mr. Meredith holds an A.O.S. from Alfred State College, State University of New York.
John J. McCarthy has been appointed special advisor for agency operations and initiatives at the Metropolitan Transportation Authority, where he previously served as deputy press secretary. Most recently, Mr. McCarthy was a senior advisor at Everytown for Gun Safety. Prior to that, he served as deputy commissioner for public information at the New York City Police Department. Mr. McCarthy has also held positions under Mayor Bloomberg, including senior advisor for public safety and deputy press secretary. Mr. McCarthy has previously worked for a number of government agencies including, the Port Authority of New York and New Jersey, the New York State Office of Homeland Security and the United States General Services Administration. He holds a J.D. and a B.A. from Fordham University.
John McKay has been appointed executive officer of corporate communications, branding and marketing at the Metropolitan Transit Authority. Mr. McKay most recently served as the director of communications for the New York City Comptroller’s Office. Prior to that, he was the vice president of corporate communications at NBC Universal. Mr. McKay has held a number of roles at Sony Music Entertainment/SONY BMG, including vice president of Communications, vice president of media relations, senior director of communications and director of editorial services. Mr. McKay holds a B.A. in East Asian studies with a minor in religious studies from Pennsylvania State University.
Kelli Owens has been appointed legislative coordinator at the New York State Office of Child and Family Services. Ms. Owens has more than two decades of experience in both the public and private sector. She previously served as vice president for external affairs at Planned Parenthood Advocates of New York, where she was the principal in-house lobbyist. Prior to that, Ms. Owens worked as the government relations and public policy director for the YWCAs of the northeast region, supervising legislative and media affairs for New York, Connecticut, Massachusetts, and New Jersey. Ms. Owens holds a B.A. in Political Science from Utica College of Syracuse University.
June 29, 2024
Selected links to items concerning government operations posted on the Internet during the week ending June 28, 2024
‘We
Were Here Before Fort Worth’: The Struggle to Preserve Historic Black
Settlements
10
Mayors Transforming Their Cities with Tech-enabled Public Transit These mayors saw transportation
challenges and took action to implement new microtransit services from scratch.
[CONTENT PROVIDED BY VIA TRANSPORTATION] LEARN
MORE
AI
Ethics Council to Begin Expert Briefings Next Month The group, announced in December, is
co-chaired by Sam Altman, CEO of OpenAI, and
Americans
Love Their Cars, Even If It Means Sitting in Traffic Despite the staying power of remote work,
traffic congestion in the
Amid
Labor Shortages, More Companies Pay Kids’ Way Through College
Nebraska’s Jump Start Scholarships program offers up to 100 percent tuition
reimbursement along with signing bonuses for high school graduates to pursue
degrees. READ
MORE
An
Interstate Effort to Address Healthcare Shortages A dozen states have joined a compact to
give physician assistants a universal license. It's not a complete solution for
the shortage of primary care doctors, but it should help. READ
MORE
Arkansas Raises Pay for New Teachers, Angering Veterans
Arlington Mayor: Microtransit Supported 3 Taylor Swift Concerts Flawlessly Mayor Ross highlights how the Via-powered transit network manages major events, including Taylor Swift concerts.[CONTENT PROVIDED BY VIA TRANSPORTATION] LEARN MORE
As
Budgets Tighten, States Weigh Whether to Tap Rainy Day Funds Despite reserves bulging and revenues
receding, many lawmakers remain reluctant to spend savings. READ
MORE
Audit:
Denver Lacks Comprehensive Approach to Cybersecurity The city’s approach
can best be described as informal, the auditor said, particularly when it comes
to oversight of independent city agencies or cultural facilities that operate
on subnetworks. READ
MORE
Best
Practices For Strengthening Mobility and Connectivity With a Public-private
Approach For agencies focused on
service delivery, getting the right connectivity approach in place is essential
to meet current and future demands of public service. [CONTENT PROVIDED BY
T-MOBILE FOR GOVERNMENT® ] LEARN
MORE
Better
Cities Start with Better Transit
Big city, small town, anywhere in between: Via-powered public transit
brings everything within reach. [CONTENT PROVIDED BY VIA TRANSPORTATION] LEARN
MORE
Birmingham
Pilot Blossoms into a Lifeline to Jobs, Housing
California
Looks to AI for Health, Social Services Translation Timing and cost are not yet clear, but
the state is seeking bids from vendors to harness artificial intelligence to
translate a range of documents and websites around “health and social services
information, programs, benefits and services.” READ
MORE
California
Voters Prefer Term Limits for Local Offices
A new poll found that roughly three-quarters of registered voters
would like to see term limits enacted or shortened for county supervisors,
district attorneys and sheriffs. READ
MORE
Car-free
Living Becomes a Reality in this Utah Community
The region's new transit network connects downtown with the
surrounding mountains, and residents are raving. [CONTENT PROVIDED BY VIA
TRANSPORTATION] LEARN
MORE
Carnegie
Mellon Police Department Replaces LMR System
The university’s police department is switching to a P25-compliant
digital simulcast system after experiencing difficulties with coverage when
communicating via the existing system with other local agencies. READ
MORE
Comcast
Awards $1.5M Worth of Digital Equity Grants to Cities The grants range between $75,000 and
$150,000 each, and they are spread out between 10 different cities across the
country, many of which are working to boost digital skills training. READ
MORE
Craig
Orgeron, Veteran Mississippi Tech Lead, Returns as CIO The nine-year state CIO and leader of the
Mississippi Department of Information Technology Services, who stepped down in
2020, will return in both roles starting Monday. READ
MORE
Create
a Seat at the Policymaking Table for Young Americans There are strong models for combating
youthful disillusionment.
Cybersecurity
Exec Sentenced in Medical Center Hacking
An
Denver
Lacks Comprehensive Approach to Cybersecurity, Auditor Finds The city’s approach to cybersecurity
risks is at best “informal,” according to
Education
'Miracle' Worker Seeks Success in a Second State As Mississippi's schools chief, Carey
Wright lifted test scores faster than any other state in the nation. Now she
needs to show results in
Election
Disputes Have Torn a California County Apart
A
Enhance
Public Sector Services with Generative AI Take the new Microsoft
Learn course to discover how AI can enhance productivity, improve cognition,
and accelerate discovery in public sector organizations. [CONTENT PROVIDED BY MICROSOFT] START
THE COURSE
Florida
Supreme Court Allows Judicial Candidates to Campaign on Ideology
The decision bars judicial hopefuls from declaring partisan affiliation but
not positions. “To describe oneself as a ‘conservative’ does not signal bias,
pro or con, toward anyone or on any issue,” the court found. READ
MORE
For
Transit Agencies, On-Demand Services Can Fill the Gaps Providers around
Former Missouri CIO
to Lead Des Moines, Iowa IT Department
Jeffrey Wann, the former CIO of Missouri, has returned to the public
sector as leader of the IT department for the city of
Frederick County, Md., Appoints Ty Howard as Next CIO Howard's past experience includes years
of working in public-sector technology for several local governments throughout
General
Services Administration Launches AI-Focused Cohort The federal oversight agency has launched
its first cohort focused on artificial intelligence for its Presidential
Innovation Fellows program, aiming to create a talent pipeline for AI in
government. READ
MORE
Get
the Latest 5G Devices For the Front LinesGet
the Latest 5G Devices For the Front Lines
Stay connected when it matters most with Verizon Frontline. [CONTENT
PROVIDED BY VERIZON] LEARN
MORE
Governments Empower
Citizens by Promoting Digital Rights
Two local governments have taken steps to make residents aware of their
digital rights. Experts argue that cities actually have a responsibility to do
so. READ
MORE
Highway
Projects in Minnesota Must Now Consider Climate Effects A recently-expanded law covers more than
12,000 miles of road that account for 60 percent of all miles driven in the
state. As part of its climate strategy,
Hospitals stuck with
unpaid bills will sometimes sell to debt collectors at a discount. The
county’s investment could erase 100 times as much in medical debt. READ
MORE
How
7 Cities Funded Their New Microtransit Services See the federal, state, and
local grants that turn public transit dreams into reality. [CONTENT PROVIDED BY VIA TRANSPORTATION] LEARN
MORE
How
California Lawmakers Are Trying to Regulate AI
California legislators are rushing to address concerns through
roughly 50 AI-related bills, many of which aim to place safeguards around the
technology, which lawmakers say could cause societal harm. READ
MORE
How
Mayors Use Microtransit to Transform Their Communities Better transit drives economic
development and spurs opportunities. It's easier to launch than you think. [CONTENT PROVIDED BY VIA TRANSPORTATION] LEARN
MORE
How to Navigate IT Challenges in Government The public sector faces some unique
challenges when it comes to IT management. Here’s what government IT
organizations are doing to tackle problems and deliver a great user experience.
READ MORE
How Will AI Impact Your Organization? Introducing Generative AI to your workforce opens the door to new levels of productivity. Download Microsoft's CIO Guide on how to introduce and manage AI in your government organization. [CONTENT PROVIDED BY MICROSOFT] GET THE CIO STRATEGY GUIDE
Illinois
Creates a New Department of Early Childhood
The new agency will combine programs that provide services for
children under 6, which had primarily been divided among three different
departments. READ
MORE
Inside the Participatory Budget Project in Cambridge,
Mass. The city has launched a
digital map so the public can track progress for community improvement projects
that they approved through the city’s participatory budgeting process. READ MORE
Keeping
First Responders Safe: The Latest Tools and Strategies This paper from Verizon details how
network upgrades, additional data and artificial intelligence applications are
set to change how agencies respond to emergencies and keep first responders
safe. DOWNLOAD
Less Big Three, More Gen Z: Michigan’s Growth Strategy Michigan is betting its future on a sought-after natural resource — people — guided by one person in particular. Hilary Doe, the first state chief growth officer anywhere, discusses what’s next. READ MORE
Medicaid
Systems in Many States Plagued by Errors
Deloitte has Medicaid contracts with half the states worth at least
$5 billion. Critics charge the company with errors that have delayed
care. READ
MORE
Michigan County Restores 80 Percent of Systems After Cyber
Attack The computer-aided dispatch
system for
Michigan Senate Votes to Apply Open Records Law to Governor and Legislators Breaking a years-long impasse, the Senate voted overwhelmingly to increase transparency for the governor and lawmakers. The bill still offers them some loopholes, however. READ MORE
Navigating the CISO Role: Common Pitfalls for New Leaders What are the top mistakes that I see new security leaders continue to make in 2024 as they start their CISO careers or take on new roles? How can these challenges be addressed? READ MORE
Need
Access to Housing and Jobs? Jersey City Delivers a One-two Punch Via
New
App Looks to Smooth Service Delivery to Reno’s Homeless The application, DROPS, or Direct
Resource Outreach and Placement Service, enables city staff to create and track
digitized case files. It’s intended to streamline access to resources and avoid
disconnections in the process. READ
MORE
New
Digital and IoT Solutions Are Transforming How Cities Connect and Adapt To navigate the complex web of government
operations and unlock city-wide IoT benefits, departments and agencies need the
right mix of coverage and capability. [CONTENT PROVIDED BY T-MOBILE FOR
GOVERNMENT®] LEARN
MORE
New
Haven, Conn., Notifies Hundreds That Personal Info Breached Officials are notifying more than 400
people that personal information could have been compromised during a cyber
attack that led to the city’s Board of Education being defrauded out of nearly
$6 million. READ
MORE
New
Vermont Fee Will Help Pay for EV Charging Infrastructure
New York City Gets More Aggressive About Building
Inspections The City Council passed
a bill requiring “proactive” inspections for high-risk buildings, following two
devastating collapses last year. READ MORE
Only True Independents Still Make Up Their Own Minds About
Issues Political independents —
those who don’t vote consistently for one party or the other — have views that
align with their lived experience. Democrats and Republicans? They just follow
the party line. READ MORE
Opinion:
Teachers Need the Support of Formal AI Policies
The founder of the Learning Engineering Virtual Institute makes the
case for giving teachers structured guidance and ongoing support to experiment
with artificial intelligence tools and incorporate what works. READ
MORE
Oregon DMV Cuts Wait Times With New Lobby Management
System The Oregon Department of
Motor Vehicles is using a new real-time customer management system known as
Next in Line in 59 field offices, helping to improve wait times for more than 3
million. READ MORE
Oregon
Launches New Public Defender Division to Stem Crisis A federal judge has ordered the state to
release unrepresented defendants, with about 2,500 now out of custody as a
result. The state is now hiring more attorneys rather than relying on contracts
with private defenders. READ
MORE
Outdoor
Tech Firm Kalkomey Acquired by PE Firm Macquarie Kalkomey, previously owned by a Boston-based
private equity firm, sells outdoor certification and safety education tools to
all
Permitting Tech Firm Clariti Raises $10M After Acquisition The capital, which closely follows another fundraising round, will help the company’s ongoing integration of Camino Technologies. A Clariti executive explains what’s going on and what the future holds. READ MORE
Phishing
Attack May Impact L.A. County Public Health Data The February cyber attack may have
compromised personal information belonging to roughly 200,000 clients,
employees and others, the Los Angeles County Department of Public Health said
last week. READ
MORE
Schools
and Law Enforcement Get on the Same Page
Critical Response Group has taken the floor plans of nearly 14,000
schools, updated them and integrated that data with local law enforcement
systems, developing a solution that helps when seconds count. READ
MORE
Seattle
Libraries Network Outage Nears a Month A ransomware attack that has
impacted the Seattle Public Library and its 27 branches continues to be felt
nearly a month after its discovery May 25. E-book access has been restored, but
computer networks remain down. READ
MORE
Senate
Proposal Would Set Government AI Procurement Standards A bipartisan bill now under consideration
would require each federal agency to create a chief artificial intelligence
officer position. The measure would also require systems be graded on risk,
from low risk to unacceptable. READ
MORE
Senate Proposal Would
Set Government AI Procurement Standards
A bipartisan bill now under consideration would require each federal
agency to create a chief artificial intelligence officer position. The measure
would also require systems be graded on risk, from low risk to
unacceptable. READ
MORE
Silicon
Valley Takes a Bite Out of Congestion with Microtransit
Small
Businesses Aren’t Getting Enough Defense Work. Here’s How to Help Them. State and local economic development
organizations can ease barriers to defense contracting for local businesses,
benefiting both companies and communities. READ
MORE
States
Falling Behind on Data? This Tool Aims to Help With AI rapidly transforming
government, state leaders are scrambling to improve their data governance and
management practices. The
States
Need Stronger Identity Verification as Online Services Grow New research
shows reliance on outdated identity verification methods. READ
MORE
Supreme
Court Limits Bribery Law Used in Chicago Corruption Cases Justices found that a federal statute
that bans bribery does not apply to “gratuities” paid to elected officials for
past acts. The case pertained to a former mayor but has implications for
charges against former Illinois House Speaker Michael Madigan. READ
MORE
The
15-Minute City: Hope, Hype and Hostility The concept of having most needs
met within walking distance remains beguiling as an urbanist vision, but it
hasn’t gotten very far in the U.S. READ
MORE
The
Agency-by-Agency Strategy Government Needs for Its Workforce Crisis In the midst of a “skills tsunami,” agencies
and their workers understand the problems better than central HR offices do.
And workforce planning should focus on local labor markets. READ
MORE
The Factors Driving Housing Costs to All-Time Highs Prices increased last year in 97 of the
nation's 100 largest markets. Home insurance costs are soaring and rent is
increasingly unaffordable, contributing to growth in homelessness. READ MORE
The
Roads That Tear Communities Apart Urban
interstate highways displaced hundreds of thousands of households, destroyed
neighborhoods and enforced racial segregation, and they continue to harm
low-income communities. We need to ameliorate this tragic history. READ
MORE
The
Role Dark Money Plays in Local Races Last
year’s contest for
Transforming
and Scaling Your Optimal Resident Experience
This eBook provides an in-depth exploration of the role of constituent
experience in community growth and development. It examines the challenges
municipalities face in delivering seamless services and the importance of
digitizing service delivery. DOWNLOAD
Traverse
City, Mich., Still Grappling With Ransomware Fallout After last week's ransomware attack shut
down the network for
Uncontested:
The Surprising Political Invulnerability of Sheriffs Sheriffs argue that being elected makes
them directly accountable to voters, but the reality is that few face real
competition. READ
MORE
Updates
to the CJIS Security Policy – What You Need to Know Join our July 11 webinar to learn about
the new baseline security standards and changes in the CJIS Security
Policy. REGISTER
NOW
What’s
New in Digital Equity: NTIA Reports on Minority Access Plus, the USDA is
providing $25 million for rural broadband;
Who
Should Be on Your State AI Task Force?
Why
Taxpayers Get Stuck With the Bill for Nuclear Power Plants Construction of nuclear plants is often
only feasible thanks to public subsidies that mitigate risk. Then that risk
gets shifted back onto government. READ
MORE