ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

October 28, 2024

Proceeding with a disciplinary hearing notwithstanding the employee's failure to appear at the hearing

New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge [ALJ] Seon Jeong Lee recommended termination of employment for a community coordinator [Respondent] who was excessively absent, attempted to engage a client in an inappropriate personal relationship, failed to appear for a mandatory interview, and submitted false documents.

Respondent did not appear at disciplinary hearing and following the ALJ granting Respondent's attorney’s motion to withdraw as counsel, the disciplinary hearing proceeded notwithstanding the Respondent’s absence.*

The ALJ found that Respondent was absent for approximately 148 work days over a period of 11 months. Respondent was also found to have sent an inappropriate and unauthorized text message to a shelter client in an attempt to engage the client in a personal relationship, and when the employer attempted to investigate the incident, Respondent ignored multiple notices to appear for a mandatory interview.

Judge Lee, noting that Respondent was given multiple opportunities to refute the charges filed against him and, or, provide explanations in his defense, but Plaintiff  ignored the employer’s repeated inquiries; failed to appear at disciplinary hearing; and had expressed no remorse for Respodent's proven misconduct, recommended dismissal "as the only appropriate penalty." 

In the words of the ALJ: "This tribunal typically applies the principles of progressive discipline, which aims to achieve employee behavior modification through increasing penalties for repeated or similar misconduct. See Health & Hospitals Corp. (Woodhull Medical & Mental Health Ctr.) v. Ford, OATH Index No. 2383/09 at 11 (July 10, 2009). But certain acts of misconduct are so egregious that termination of employment is the only appropriate penalty. Here, the proven misconduct against [Respondent] specifically involving sexually predatory behavior toward a vulnerable client and submission of fraudulent documents warrants termination, despite [Respondent’s] lack of any prior discipline".

* New York courts have held that a disciplinary hearing may proceed and the employee tried in absentia provided, however, the appointing authority has complied with a number of procedural steps, including the following:

1. The appointing authority must properly serve the employee with the disciplinary charges and advise him or her, among other things, of the date, time and place of the hearing.

2. That a diligent effort was made to contact the individual to determine if he or she has a reasonable explanation for his or her absence before the hearing officer proceeds with holding the hearing in the absence of the accused employee.

3. A formal hearing must be conducted and the appointing authority is required to introduce evidence proving its charges to the hearing officer.

4. A formal record of the hearing must be made and a transcript provided to the appointing authority and, if requested, to the employee.

5. The employee must be advised of the appointing authority’s determination and of the employee's right of appeal if he or she has been found guilty of one or more of the charges.

Click HERE to access Judge Lee's findings and recommendation to Commissioner Molly Wasow Park posted on the Internet. 


October 26, 2024

Selected links to items focusing on government operations posted on the Internet during the week ending October 25, 2024

Click on the text highlighted in color to access the item posted on the Internet.

 5 Ways Secure Cloud Infrastructure Fuels Innovation Discover how organizations accelerate time-to-market, focus on user outcomes, increase agility, manage risks, and optimize resources. DOWNLOAD

A County’s Comprehensive Approach to Training Latinos in Tech Latinos make up ever increasing shares of student bodies and the workforce but lag behind whites in science and technical education. One North Carolina county has a promising approach. READ MORE 

A Government Leader’s Guide to Meeting Website Accessibility and Compliance Requirements Ensure your government website meets ADA standards to avoid non-compliance fines and better serve residents; learn more in our white paper on ADA and Section 508 requirements. Download Guide

Accelerating the Public Sector's Zero Trust Journey Explore a comprehensive roadmap for building a Zero Trust architecture, offering key principles, real-world use cases, and practical steps for implementation to enhance security and business agility. DOWNLOAD

AI ‘Revives’ Victims in Kansas City, Mo., Anti-Fentanyl Campaign An advertisement being shown in a movie theater and headed to social media uses artificial intelligence to depict three people under the age of 25 who died from fentanyl overdoses. It was created by the city and partners.  READ MORE

AI Cameras Spot Wildfire in Rural San Luis Obispo County The ALERTCalfornia camera system notified first responders of the fire on La Panza Ranch south of Highway 58, and state firefighters extinguished it. Mapping estimated its size at 16 acres. READ MORE

AI Cameras Spot Wildfire in Rural San Luis Obispo County The ALERTCalfornia camera system notified first responders of the fire on La Panza Ranch south of Highway 58, and state firefighters extinguished it. Mapping estimated its size at 16 acres. READ MORE

Albuquerque, N.M., AI Working Group to Guide, Analyze Use The Albuquerque City Council has approved a resolution directing administration to create an artificial intelligence working group to develop an official city policy shaping the technology’s use. Residents will be among its members. READ MORE


Amid Expansion Elsewhere, Oakland’s Ranked Choice Voting Struggles The California city was an early adopter of the election format but after clerical errors in the general election two years ago, local residents are ready to ditch the method despite its growing popularity nationwide. READ MORE

An Opportunity to Address Americans’ Retirement Savings Crisis Millions are falling behind on their retirement goals. There are proven policy solutions at the state level, and federal policymakers could build on those to help all workers save what they will need and reduce the burden on taxpayers. READ MORE

As Floods Become Bigger and More Common, Risks from Insurance Gaps Also Grow Few homeowners are protected against flood damage. What can be done to reduce the burden of recovery on them and their communities? READ MORE

Benefits of Urban Trees Research has linked the presence of urban trees to 8 key benefits. How many did you already guess? VIEW THE INFOGRAPHIC

BROADBAND AND NETWORK In Case of Disaster, Communication Is King in Maryland States are navigating an ever-growing number of emergencies, including unprecedented weather events, infrastructure failures and cybersecurity incidents. Response plans must stay agileREAD MORE

Building Healthier Communities Through End-to-End Data Analytics Addressing social determinants of health and well-being requires cross-sector coordination and inclusive data solutions. LEARN MORE

Building Trust Through Data for Dallas County Public Health After guiding the Texas county through the COVID-19 pandemic, Dr. Philip Huang, its health director, pushed for collaboration and long-term strategies to prepare for future crises. Data modernization proved to be crucial. READ MORE

Can 2 Pizzas Help Mississippi Make Up Ground With AI? CIO Craig Orgeron has a plan to help the state spark more innovation with AI — one that includes a “two-pizza team” and an executive order. He talked at NASCIO about what’s already happened and what he hopes will come with AI. READ MORE

Carlisle, Pa., Schools Apply for FCC's Cybersecurity Pilot Carlisle Area School District has applied for funding from the Federal Communications Commission's Strategic Cybersecurity Pilot Program, which could yield $200,000 for cybersecurity defense over the next three years. READ MORE

Central Wash. Confronts Challenges as Tech Industry Grows Sila Nanotechnology is renovating a factory in Moses Lake, Wash., to make silicon anodes for lithium-ion batteries. Officials must train the skilled workforce the renewable energy industry needs, and they must secure energy sources. READ MORE

Chicago Police Stop More Black Drivers, but Cameras Are Unbiased A study has found that Black drivers in Chicago receive approximately 54 percent of automated camera citations, but they make up 70 percent of police stops. READ MORE

Defending Democracy and Democracies Robert A. Michaels, author of “Civics and Science:  Contemporary Issues for Civil Democracy”, presents an objective, non-partisan analysis that suggests voters would benefit from coalescing around a common interest in preserving, protecting, and defending American and other democracies. Click HERE for more.

Denver’s New Data Center to Use as Much Water as 16,000 People As city leaders try to reduce carbon emissions and conserve water amid a 20-year drought, a proposed tax break for a new, water-intensive data center is drawing scrutiny.  READ MORE

Does L.A. Have Enough Time, Money to Host a ‘Car Free’ Olympics? The Los Angeles Metropolitan Transportation Authority has a $3.3 billion list of projects to achieve ahead of the 2028 Games that is only 5.2 percent funded so far. READ MORE

Election officials are fighting a tsunami of voting conspiracy theories With less than two weeks before Election Day, a resurgence in conspiracy theories and misinformation about voting is forcing state and local election officials to spend their time debunking rumors and explaining how elections are run at the same time they’re overseeing early voting and preparing for Nov. 5. READ MORE.

Explore the Five Pillars that Support Upward Mobility Discover how housing, education, good jobs, health, and governance create the foundation for economic success, dignity and belonging, and power and autonomy for all. LEARN MORE

Flock Safety Buys a Drone Company, Prepares Product Launch The public safety tech firm, which sells license plate readers and other tools, has bought Aerodome, which specializes in making drones useful for law enforcement. Flock Safety has big drone plans for the upcoming year. READ MORE

Florida County Elections Websites Back Online After Outages After intermittent problems, elections websites in Florida counties appear to once again be operating as expected. Issues popped up in Broward County and in Palm Beach County too, where an official noted they had nothing to do with systems connected to actual voting and tabulation. READ MORE

Given the Child-Care Crisis, More Mayors Knit Together Early Childhood Services Child care involves a mix of public, private and nonprofit providers. Mayors are trying to make systems easier for parents to navigate and afford. READ MORE

Guide to State and Local Fiscal Recovery Funds (SLFRF) Reporting Requirements Whether you're a grant manager in state, local, territorial, or Tribal government, this resource will help you understand SLFRF reporting requirements and deadlines to maintain compliance. DOWNLOAD

Help Communities Become Hubs of Economic Opportunity Opportunity-rich and inclusive communities are central to supporting families’ stability, access to social and economic opportunities, and children's chances to succeed. LEARN HOW

How a Small Government Team Efficiently Manages Grants for Big Impact Discover how Cache County, Utah, streamlined its grants management process using a specialized platform. With just one administrator overseeing $24M in federal funding, they centralized oversight, reduced compliance risks, and funded over 70 community projects. DOWNLOAD

How Emergency Agencies Can Manage a Storm of Misinformation Fear and confusion in the aftermath of disasters create fertile ground for misinformation. Social media and AI can amplify it, but there are ways to weather the storm. READ MORE

How Government IT Prepares to Withstand Natural Disasters Puerto Rico faces earthquakes, hurricanes and tsunamis. North Carolina was hard-hit by Hurricane Helene. Through it all, government needs to keep critical digital services running. Here’s how they do it. READ MORE

How Puerto Rico Is Revamping Its ID Experience Digitally The territory’s digital ID initiative, IDEAL, lets government agencies do a better job of sharing information they already have on residents, after securing their permission. It’s aimed at simplifying processes and making them quicker. READ MORE

How to Bring Modern Solutions to Public Services Discover how the State of Utah and California's DHCS have successfully transformed service delivery using these modern solutions. DOWNLOAD

Indiana Offers Free Website Hosting for Local Governments In a move to enhance cybersecurity and digital services statewide, the Indiana Office of Technology is offering no-cost websites to all local governments, using its purchasing power with Tyler Technologies. READ MORE

Is Flooding Protection Infrastructure Worth It? When Hurricane Francine hit Louisiana last month, much of Terrebonne Parish lost power and some roads and houses flooded, but most flood-protection measures held strong. READ MORE

Key Decision Near for Proposed Eastern Wash. $5B Data Center The Port of Walla Walla Commission is expected to decide later this month whether to sell 500 acres of land to Advance Phase for $32 million. Should the company go ahead with its $4.8 billion plan to build 16 data centers, it would rival similar ones developed in OregonREAD MORE

Lawsuit Says AI Car-Tracking Cameras Are Unconstitutional The San Francisco Police Department's high-tech means of catching criminals is facing a challenge in a federal court after a nonprofit filed suit against the maker of Flock Safety license plate reading cameras. READ MORE

Legislative Efforts Against ‘Forever Chemicals’ Grow Across Nation At least 11 states have enacted laws to restrict the use of PFAs in apparel, cleaning products, cookware, cosmetics and menstrual products. Since 2007, 30 states have approved 155 PFA policies. READ MORE

Louisiana Plan Would Tax Everyone but Hurt Poorest Most The proposed plan would lower the top individual and corporate tax rates to establish a flat tax rate, raise the standard dedication for individuals and eliminate the corporate franchise tax. READ MORE

Maine to Receive $65M for ‘Smart Grid’ Technology The funds will come from $2 billion the U.S. Department of Energy has allotted for 32 projects in 42 states and D.C., to improve the resilience of electricity grids. READ MORE

Mayor Cherelle Parker’s Search for a United Philadelphia Cherelle Parker is the 100th mayor of Philadelphia and the first woman to hold the job. She has forged ahead on her first-year agenda, but some constituencies feel left out. READ MORE

Modernized 911 Kept N.C. Connected During Hurricane Helene Next-generation 911 with the resilience of a modern, digital, Internet protocol-based network was essential to North Carolina’s storm response. It enabled officials to answer nearly 90,000 emergency calls in three days. READ MORE

Municipal Utilities and the Persistent Push to Privatize Given tax-exempt financing and other advantages, continued municipal ownership would seem the way to go. But other pressing public needs can make cashing out these valuable assets seem attractive. A new wave of privatization efforts will give localities a lot to think about. READ MORE

New Grant Aims to Boost Alternative Paths Into Cybersecurity The Massachusetts-based program supports upskilling candidates to fill the state's workforce expertise needs, doing so via non-academic degree training programs that offer hands-on experience. READ MORE

North Carolina Proposes $3.9B for Hurricane Relief  The total damage in Western North Carolina is estimated at $53 billion; Gov. Roy Cooper has proposed a small fraction from state funds for costs that won’t be covered by the federal government or private insurance. READ MORE

One Senator Versus 300 Experts on Connecticut’s Election Security State Sen. Rob Sampson’s concerns about the state’s election security have risen again after a noncitizen was allowed to register to vote in Bridgeport. But election officials across the state assure election integrity. READ MORE

OpenGov Journeys Into the Pipes in Latest Tech Deal The company, best known for its budgeting, planning and procurement tools, has teamed with pipeline inspection firm ITpipes. The deal is a result of an OpenGov gov tech acquisition in 2022. READ MORE

Payment Delinquencies Roadmap: Overcoming Roadblocks to Timely Bill Payments Besides interrupting cash flow, staff time and organizational resources are wasted by manually printing and mailing late payment notices. Not to mention, continuous delinquencies have long-lasting impacts, like service shutoffs. DOWNLOAD

Playing True or False With Michigan’s TV Election Ad Claims Michigan voters are in the crosshairs of hundreds of millions of dollars in political advertising ahead of the November election. But deciphering what claims are true isn’t always easy. READ MORE

Portland’s Wide-Open Municipal Election There are more ways to vote for mayor of Portland this November than there are people in the state of Oregon. Nearly 100 people are running for City Council. READ MORE

Preparing for an AI World: The Future of Data in State & Local Government AI and generative AI are reshaping government operations, but data readiness remains a critical hurdle. This whitepaper explores how state and local governments can prepare their data for AI and leverage these technologies for better governance, transparency, and efficiency. Learn from real-world case studies and expert insights on building a sustainable, AI-powered future. DOWNLOAD

Public Safety Data Platform ForceMetrics Raises $22M The company gets real-time data to officers so they can have a fuller understanding of emergency calls and the people involved. ForceMetrics last year became part of an Amazon gov tech innovation push. READ MORE

Report: Cities Use Nature's Solution to Extreme Heat By increasing tree canopy in arid cities, researchers estimate air temperatures could drop by up to 1.2°C, offering a vital strategy to protect frontline communities from the intensifying heat waves. DOWNLOAD NOW

School Choice Goes Before Voters in 3 States, Faces Pushback in Others Voters in Colorado, Kentucky and Nebraska have school choice questions on the November ballot. READ MORE 

Teaching, Transferable Skills and Cybersecurity: A Career Shift Story Sara Snell started her career as an elementary school teacher. Here is her journey to becoming a state government cyber professional. READ MORE

The Fatal Consequences of Giving Violent Men Access to Their Children Far too often, family courts award shared custody to fathers accused of domestic violence. Hundreds of children have been murdered. There’s much that policymakers could do to prevent some of these tragic outcomes. READ MORE

The Most Important Divide in American Politics Democrats receive increasing levels of support from college-educated Americans, but this has triggered a populist backlash and sharpened polarization. READ MORE

The Real Reason Local Governments Are Facing More ADA Non-Compliance Fines Perceived redesign costs, unknowledgeable website design partners, and limited maintenance resources are holding too many municipalities back from ADA compliance. Learn More

The Under-Appreciated Power of Political Texting It’s an emerging form of grassroots activism that could have a big impact, from educating voters to calling out political shenanigans. READ MORE

The Whole of State Approach: Safeguarding our Digital Communities This comprehensive guide showcases how a Whole of State approach empowers agencies to collaborate, pool resources, and implement advanced security measures. DOWNLOAD

Three Years in, Missouri Cyber Commission Awaits Members A state-level Cybersecurity Commission, enacted by law in 2021, is required to meet quarterly at a minimum, and to report annually to Gov. Mike Parson. The governor, however, has not appointed any commission members. READ MORE

Upgrading Tech Skills for Municipal and State Agencies Whether it be moving to the cloud or adopting artificial intelligence, the technology needs of government continue to evolve, and agencies must make sure that their technologists' skills evolve as well. READ MORE

Virginia Activates Its Artificial Intelligence Task Force Created by executive order at the start of the year, Virginia has now set its AI Task Force in motion, aiming to support and advise policymakers on the technologies. Ten members have been named; more may follow. READ MORE

Virginia Governor Orders Further Permitting Improvements A new executive order adds teeth to the state’s permit transparency and streamlining work. It instructs agencies to do more to simplify the user experience on their platform, and bring more approval processes on board. READ MORE

Westmoreland County, Pa., Recovers $800K from Cyber Scam Officials at the Municipal Authority of Westmoreland County said the entity, a water and sewer utility, recovered more than $826,000 stolen in a “vendor impersonator” phishing scheme. This, an expert said, is a rare occurrence. READ MORE

Will L.A. County’s Voters Tax Themselves More to Fight Homelessness? A ballot measure would replace an existing tax with a larger one, raising more than $1 billion annually to fund a wider variety of services. It faces an uncertain future at the ballot box. READ MORE

Wisconsin’s New Legislative Maps in Effect for November Election When residents head to the polls on Nov. 5, they will be voting under new legislative maps that are expected to create near-equal chances that either party will gain control of the Legislature. READ MORE


CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com