Approval of a motion to serve a late notice of claim against a governmental entity reversed

Supreme Court granted Petitioner's motion for leave to file a late notice of claim against the City of New York. The Appellate Division unanimously reversed the Supreme Court's ruling "on the law, without costs".

The Appellate Division said Petitioner's motion should have been denied by the Supreme Court, noting:

1. The Respondent City of New York did not own the property where Petitioner alleged he was injured and the New York City Housing Authority [NYCHA] owned the property.

2. The motion for leave to file a late notice of claim against NYCHA should have been denied by Supreme Court "because [Petitioner} failed to establish any of the relevant statutory factors that would warrant leave to serve a late notice of claim."

3. Petitioner did not show that NYCHA acquired actual knowledge of the essential facts constituting the claim within the statutory period, or a reasonable time thereafter.

4. There was no evidence that NYCHA received Petitioner's workers' compensation claim forms, which, in any event, make no mention of the allegations against NYCHA.

5. Petitioner's contention that he did not learn of the seriousness of his shoulder injury until months later did not constitute a reasonable excuse for his delay in serving a notice of claim in view of the fact he filed the workers' compensation claim a few weeks after the accident.

6. Petitioner failed to demonstrate the lack of substantial prejudice to NYCHA through the photographs he took of the accident area and of the scaffold on which he was allegedly injured.

Click HERE to access the Appellate Division's decision posted on the Internet.

 

Department of Environmental Conservation Commissioner Basil Seggos announces new leadership appointments

On April 12, 2024 New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos announced three key appointments to leadership positions at the agency.

"I am pleased to announce key promotions to DEC’s leadership team to ensure the continued success of New York's environmental protection policies, programs, and operations across the state," Commissioner Seggos said. "Patrick Foster and Carey Merrill contribute a wealth of experience and knowledge to DEC during an agency-wide effort to modernize systems and upgrade technology to meet the evolving needs of our work safeguarding New York’s air, land, and water. The promotion of Bernette Schilling to a new leadership position will strengthen DEC’s important work in the Finger Lakes and Southern Tier. I remain confident that these experts will enhance DEC’s ongoing efforts to advance the agency mission to protect the people and natural environment of New York State.”

Patrick Foster was appointed to serve as DEC’s new Deputy Commissioner for Environmental Remediation and Materials Management. Foster will oversee the Divisions of Materials Management, Environmental Remediation, and Mineral Resources, as well as the Office of Sustainability. He started at DEC in 2013 as an Assistant Regional Attorney in Region 9 (Western New York) before transferring to Central Office where he helped establish the Natural Resource Damages section in the Office of General Counsel. Foster also served as DEC Region 2 (New York City) Regional Attorney, and most recently as Region 2 Regional Director since 2021. He is also an adjunct professor of environmental and administrative law at the City University of New York School of Law.

 

Carey Merrill was appointed as DEC’s first Deputy Commissioner for Risk and Innovation. Merrill will lead the Office of Compliance, Risk, Innovation, and Strategic Planning to advance DEC’s information technology modernization efforts, realize the agency’s strategic objectives, facilitate enterprise risk reduction and agency compliance, and support transparency of data and business practices. Most recently, Merrill served as DEC’s Special Counsel to identify, manage, and mitigate risks, and improve risk awareness throughout the agency. Her additional experience includes serving as Special Counsel to the Chief Information Officer for Ethics, Risk and Compliance in the New York State Office of Information Technology Services, and Counsel to Professional Risk, Cyber and Surety underwriters at ACE North America. Merrill was previously a Major in the United States Air Force; she served as a Judge Advocate specializing in environmental law, labor and employment relations, and military justice.

 

Bernette Schilling was named Assistant Regional Director for Region 8, which includes Chemung, Genesee, Livingston, Monroe, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, and Yates counties. Schilling has more than 30 years of experience with DEC, starting as an Environmental Monitor on the Kodak project team and including work in the Division of Air Resources. She later managed the region’s Hazardous Waste Remediation group and most recently served as Regional Engineer. Schilling represents management on DEC’s Regional Health and Safety Committee, is an active member of the Regional Sustainability Committee, participated in the agency’s Strategic Planning process, helped establish DEC’s Women’s Initiative, and was part of a multidisciplinary team awarded DEC’s Peter A.A. Berle Memorial Award for their work on the Kodak bankruptcy proceedings and transition of Eastman Business Park.

Selected links to items focusing on government operations posted on the Internet during the week ending April 12, 2024

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Are We on the Verge of a Public-Sector Performance Renaissance? The promise of "10x government" may be at hand, meaning a dramatic multiplication in service delivery, operational efficiency and mission attainment, thanks to AI and other technologies. READ MORE

 

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Bipartisan Federal Data Privacy Deal Close, Lawmakers Say Two lawmakers said they have reached an agreement on the broad outlines of a pact that would create the United States’ first federal data privacy standard. A national data privacy law has eluded Congress for years. READ MORE

 

Bridge The Gap From Being Just Data-aware to Truly Data-informed You'll learn how to build a stronger data infrastructure, create support for the better understanding and use of data systems,, implement research-to-practice feedback loops, and more! REGISTER NOW

 

California Doesn’t Know If the Billions Spent on Homelessness Helped The state auditor’s office found that a council created to oversee the implementation of homelessness programs has not consistently tracked spending or outcomes. READ MORE

 

California Lawmakers Have High Hopes for AI Task Force The group seeks to create guardrails against potential threats posed by AI — like election interference and intellectual property theft — while ensuring the U.S. remains the leader of this evolving technology. READ MORE

 

Can States Without Digital IDs Manage Age Verification Laws? Laws requiring age verification for adult content and social media are spreading. That raises a question: How can companies and government reliably verify ages in the absence of centralized state digital ID systems? READ MORE

 

Conn. CISO Raises Security Concerns Over BadGPT, FraudGPT Almost everyone has heard of ChatGPT. But Jeff Brown, CISO for the state of Connecticut, shares his concerns on some of the other “dark side” apps that have emerged with generative AI. READ MORE  

 

Cyber Risk Reduction in the Era of Accelerating Digital Transformation This report details how to understand your organization's cyber risk, what should be prioritized, and how to effectively reduce it. DOWNLOAD

 

DOJ Mandates Accessibility on State, Local Gov Websites Daniel Castro, vice president of the Information Technology and Innovation Foundation, said the U.S. Department of Justice’s rule on government content “... obligates state and local governments to ensure their online services are accessible.” READ MORE

 

Eaton Debuts Modular Data Centers for Edge Computing, AI The new product line could help public agencies and other organizations embrace edge computing and its faster data-transmission speeds. Public-sector spending on edge computing is set for significant growth. READ MORE

 

Farebox Cheats, Shoplifting and the Dilemmas of Crime and Punishment There’s a movement toward cracking down again on minor offenses. It raises larger questions about what transgressions we should be punishing — and why we should. READ MORE

 

FCC Chair: U.S. Needs National Net Neutrality Policy Net neutrality — a long-debated policy that was solidified under President Barack Obama — required Internet service providers to treat all communications on their networks the same regardless of content. READ MORE

 

Fire and EMS Tech Supplier First Due Wins FedRAMP Approval The company, in business for eight years, sells software for records management and response. First Due also serves state and local customers, along with the Department of Defense and other agencies. READ MORE

 

Generative AI Use Proceeding Apace, Florida CISO Says State Chief Information Security Officer Jeremy Rodgers talked about the Sunshine State’s approach to artificial intelligence at a recent cybersecurity conference. A centralized legislative framework around AI does not yet exist, he said. READ MORE

 

How Procurement Can Support IT Sustainability Energy consumption has become an important concern for both environmental impact and cost controls as governments store more data, use more applications and create more digital services. DOWNLOAD

 

Mayor’s Office of Gang Reduction and Youth Development (GRYD), about their organization’s approach to incorporating data as an everyday tool to better understand, implement, and improve their programs. REGISTER NOW

 

In San Fernando Valley, L.A. Metro Makes Buses a Priority The Los Angeles County Metropolitan Transportation Authority recently opened another 5.6 miles of bus priority lanes, giving the region a total of 51 lane miles designed specifically for public transit. Another 46 miles are coming next year. READ MORE

 

Is AI Ready to Replace Human Policy Advisers? A 50-state investigation in data journalism suggests the answer is, not yet. The AI agent was insightful on a number of fronts; but, while not descending into hallucinations, its mind strayed from instructions as the experiment went on. READ MORE

 

Jackson County, Mo., Struck by Ransomware Attack The assessment, collection and recorder of deeds offices remain shuttered as the city updates systems following the cybersecurity incident. READ MORE

 

Kansas Bill Would Create Judicial, Legislative CISOs A recent cyber attack on the state court system underscored the need to boost government defenses. The bill would also bring more consolidation to executive branch IT operations. READ MORE

 

Making the Most of Federal Dollars for Post-Pandemic Learning Recovery Many school districts still have a lot of money that could be spent on effective long-term interventions. States should help them build federal dollars into their budgets for years to come. READ MORE

 

Maryland Approves Economic Relief Following Bridge Collapse The Maryland Protecting Opportunities and Regional Trade Act went into effect immediately after Gov. Wes Moore signed it. The program will assist workers and businesses affected by the Key Bridge collapse. READ MORE

 

Millions of Americans Are Struggling With Medical Debt Medical debt is growing and hitting middle-class Americans hardest. States have started acting to relieve the burden, but more can be done. READ MORE

 

Mississippi’s New Medicaid Plan Makes Expansion More Lucrative On Thursday Gov. Tate Reeves announced federal approval for the second part of his 2023 proposal for increased reimbursements to state hospitals from Medicaid. READ MORE

 

Montana Updates Groundbreaking Property Information App The redesigned platform — believed to be the first of its kind at launch — enhances how residents, businesses and governments can access and view statewide land ownership data. Mobile performance and print functions are also improved. READ MORE

 

New Dallas Police System Will Monitor Off-Duty Work The City Council unanimously approved a three-year, $815,000 contract with RollKall Technologies. The move comes in direct response to a 2018 audit that criticized the agency’s lack of oversight. 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. LEARN MORE

 

New Ransomware Actor Threatens Change Healthcare Change Healthcare has reportedly already paid off one set of cyber attackers, but now a second group is claiming that it has stolen data, too. READ MORE

 

New Regional Centers Focus on Electrical Grid Cybersecurity There are six university-led, federally funded projects, and they focus on training specialists and developing defense tools to protect against attacks aimed at hobbling the country’s energy sector. READ MORE

 

New Vermont CISO Has Extensive Federal, Private-Sector Resume John Toney, the new chief information security officer for the state of Vermont, replaces Scott Carbee, who stepped down in August to join the University of Vermont as ISO. Toney spent more than a decade at the U.S. Secret Service. READ MORE

 

Ohio DOT Pioneers Drone Traffic Management System The new initiative is expected to enhance safety by advancing drone airspace management and navigation. It is designed as a peer-to-peer model for statewide use, and is aimed at avoiding conflicts in shared airspace. READ MORE

 

Older Floridians Return to Work as Living Costs Rise By 2030, an estimated 12 percent of people ages 75 and older will be working, more than doubling from 2000, due to longer lifespans and rising costs of living. In Florida, soaring insurance rates add to financial pressures. READ MORE

 

OpenGov, Pavilion Team on Digital Procurement Push The two gov tech vendors have built a large online library of public contracts. The goal is to make it easier for suppliers and public agencies to study and evaluate contracts, and craft the best deals. READ MORE

 

Pinole Becomes Latest Calif. City to Ban New Gas Stations The Bay Area city voted on April 2 to approve a temporary moratorium on new fuel stations. The measure also limits expansion of existing stations in an effort to reduce greenhouse gas emissions. READ MORE

 

Procurement Sciences AI Raises $10M as It Eyes New Markets The procurement software vendor could soon have a bigger presence in local contracting, according to the CEO. The funding comes among other changes for companies in procurement. READ MORE

 

Public Service and the Still-Relevant Causes of the Civil Rights Era More of today's public officials and candidates should remember the principles that Martin Luther King Jr. and his colleagues and supporters put their lives on the line for. READ MORE

 

Public Trust in Government by the Numbers Explore the pivotal role of public trust in government for professionals at all levels — local, state or federal. Learn how understanding and addressing public trust issues can enhance governance effectiveness, credibility and integrity, as highlighted in our informative infographic featuring key statistics and insights. READ MORE

 

Researchers Expect ‘Extremely Active’ Hurricane Season The Colorado State University Tropical Meteorology Project team forecasts 23 named storms, including 11 hurricanes. The Climate Adaptation Center in Florida is predicting 24 named storms, 12 hurricanes. READ MORE

 

Rural Mortality Rates Far Higher Than for City Dwellers In 1999, the natural cause mortality rate for people ages 25 to 54 in rural areas was only 6 percent higher than for city residents of the same age. By 2019, the gap had widened to 43 percent. READ MORE

 

San Jose Is Using AI to Detect Homeless Camps. Will It Work? City officials are optimistic that the pilot program will help connect homeless people with needed services and shelter or housing, as well as identify trash, graffiti, potholes and parking violations. READ MORE

 

The Campaign to Shield the Personal Information of Judges  A federal judge who experienced the unthinkable is advocating for laws that restrict access to personal information about state and local judges. READ MORE

 

The Nation's Homeless Population Is Aging Dramatically As with society as a whole, the homeless population is naturally aging. But now more people are falling into homelessness for the first time in their later years due to high housing costs. READ MORE

 

The State of Local Government Survey Report Explore OpenGov's latest report on the State of Local Government Survey, featuring insights from over 510 public sector agencies nationwide and reveals top challenges, evolving trends, and key priorities for improvement in 2024. DOWNLOAD

 

Tips for Overcoming IT Resource Drain in the Public Sector Here are five things you can do to help eliminate IT resource drain within your organization and provide improved IT service to employees and citizens. READ MORE

 

Transforming Government with Document Process Automation Document process automation (DPA) technology gives agencies a single, cohesive solution to manage their document-based projects. A DPA solution pulls documents from disparate systems into a centralized location that is accessible and visible to all collaborators. The result is a more efficient process that can save government agencies time and money. DOWNLOAD

 

Trolls and Their Tolls on Social Media Communicators This eBook from CivicPlus offers strategies for dealing with online trolls and guidance on how social media communicators can keep the peace on their websites without restricting free expression and meaningful and productive conversations. DOWNLOAD

 

Vermont's Approach to Primary Care Is Driving Down Costs A visit to your doctor won’t cover everything that could lead to chronic disease. Vermont’s primary-care system helps fill the void. READ MORE

 

Washington State Owes $5.4M to Wage Theft Victims The state’s Department of Labor and Industries has failed to collect millions of dollars from employers that the agency says it owed to more than 1,800 workers across the state. Last year the department collected zero dollars for workers. READ MORE

 

Webinar - Confidence Through Competence™: How to Shift Your Mindset and Use IPAWS With Authority Learn to send timely alerts and minimize hesitation to save lives. Join us on April 24th to master IPAWS with Confidence Through Competence™. REGISTER NOW

 

Webinar: K-12 Schools Move to Cloud to Enhance Data Security At an Education Week webinar, panelists from the cloud software provider Softdocs said schools can enhance data security by moving away from on-premise data management and using third-party cybersecurity expertise. READ MORE

 

What Does Law Enforcement Really Think About Digital IDs? While many states have rolled out digital ID programs, the number of law enforcement agencies who accept them remains limited. One agency shared with Government Technology the challenges and successes they’ve experienced conducting traffic stops with users of digital wallets. READ MORE

 

Without Internet Subsidies, Many Will Lose Telehealth Access The federal Affordable Connectivity Program has helped 23 million low-income households afford Internet connections to schedule or attend health-care appointments. But the program will soon run out of funds. READ MORE