TO SEARCH this database type in a word or phrase in the box in the upper left and any material containing the word or phrase will be displayed for your review.
Also, §22 of the New York State's General Construction Law, in pertinent part, provides that “Whenever words of the masculine or feminine gender appear in any law, rule or regulation, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male or female persons.” NYPPL typically follows this protocol.
January 31, 2013
Certain issues that the Commissioner of Education will decline to consider "for lack of jurisdiction"
January 30, 2013
Employee's acceptance of an appointment from an open-competitive eligible list to another position may be deemed a resignation from the employee's former position
[a] terminating him from his from his position during the required probationary period: and
[b] declining to reinstate the individual to his former “permanent position.”
* Typically a resignation from a position is required to be in writing to be effective.
January 29, 2013
If the question before a court is one of pure legal interpretation of statutory terms, deference to the agency's interpretation of the statutory term in question is not required
January 28, 2013
New York State Comptroller Thomas P. DiNapoli to classify financial condition of local governments to identify local governments experiencing financial strain
On January 28, 2013, State Comptroller Thomas P. DiNapoli announced that his office has finalized plans to implement a statewide fiscal monitoring system that would publicly identify local governments experiencing financial strain. The monitoring system will include nine financial indicators, such as cash-on-hand and patterns of operating deficits, together with broader demographic information like population trends and tax assessment growth. The system will start by analyzing those localities whose fiscal year ended December 31, 2012 and later apply it to villages and school districts whose fiscal years end at various periods throughout the year.
DiNapoli’s office drafted the ‘early warning’ monitoring system in September 2012 and shared details of the proposal with all of the state’s local governments and school districts for their review during a 60-day comment period. More than 85 local government and school district officials, as well as a number of affiliated organizations, submitted comments.
Using data already submitted by more than 3,000 local governments, DiNapoli’s office will calculate and publicize an overall score of fiscal stress for approximately 2,300 municipalities and school district across the state. They will be listed as in “significant fiscal stress,” in “moderate fiscal stress,” “susceptible to fiscal stress,” or “not in fiscal stress.”
Once the monitoring system has identified local governments and school districts experiencing fiscal stress, an array of services will be offered by DiNapoli’s office including budget reviews, technical financial assistance, guidance on multi-year financial planning, financial management publications and training.
Additional information concerning the Comptroller’s fiscal stress monitoring system is posted on the Internet at: www.osc.state.ny.us/localgov/fiscalmonitoring/index.htm
Presumably the appointing authority could elect to disregard a “retirement” under similar circumstances.***
** State Education Law §1133.1 provides that “[a] school administrator or superintendent shall not make any agreement to withhold from law enforcement authorities, the superintendent or the commissioner, where appropriate, the fact that an allegation of child abuse in an educational setting on the part of any employee or volunteer as required by [Article 23-B of the Education Law] in return for the resignation or voluntary suspension from his or her position of such person, against whom the allegation is made.
*** See Mari v. Safir, 291 AD2d 298, leave to appeal denied, 98 NY2d 61
January 27, 2013
State Comptroller Thomas P. DiNapoli last Friday announced he has approved a $3.14 billion contract between the state Thruway Authority and Tappan Zee Constructors to design and build the new Tappan Zee bridge.
Officers of Albany Nanotech Complex Safeguarding Public Funds
Fuller Road Management Corp., the not for profit corporation that runs the State University at Albany’s College of Nanoscale Science and Engineering, is fulfilling its duties to support and provide appropriate internal controls over operations and activities, and promoted an ethical business climate at the multi–billion dollar facility, according to a report released Friday by State Comptroller Thomas P. DiNapoli.
DiNapoli: State Tax Revenues Up, But Still Lag Projections
Tax collections through December totaling $46.4 billion were $48.3 million below the state’s latest estimates and $685.3 million below initial estimates in April. Higher than anticipated personal income tax collections in December likely reflect income paid before federal tax increases take effect in 2013 for high income taxpayers, New York State Comptroller Thomas P. DiNapoli said last week in releasing the December cash report.
New York State Comptroller Thomas P. DiNapoli announced his office completed audits of:
the City of Beacon;
the Village of Spring Valley.
Department of Health Medicaid Overpayments for Out-of-State Ambulatory Surgery Services (Follow-Up) (2012-F-26)
Department of Health Monitoring of Medicaid Payments for Nursing Home Bed Reserve Days (Follow-Up) (2012-F-28)
January 26, 2013
State Comptroller Thomas P. Dinapoli recommends that municipalities conduct background checks of employees providing youth program services
Local governments could do more to conduct background checks on individuals working in municipal youth program services, according to an audit released today by New York State Comptroller Thomas P. DiNapoli.
“Failing to perform background checks potentially jeopardizes the safety of children,” said DiNapoli. “It is essential that local officials take action to ensure they are consistently screening all persons who provide youth program services in their communities. Parents need to trust that all of the necessary steps have been taken to keep their children out of harm’s way.”
From January 2010 through May 2012, auditors examined youth program activities in the cities of Binghamton, Middletown, New Rochelle and Utica; as well as the towns of Amherst, Clifton Park, Manlius and Seneca Falls. These municipalities offer activities to more than 409,000 residents.
The Comptroller’s audit found seven of the eight municipalities did not conduct background checks on all of the individuals who deliver their youth program services. Only one, the town of Clifton Park [in Saratoga County], annually screened all program personnel against the state’s sex offender registry and other resources.
Two municipalities, the town of Manlius and the city of New Rochelle, did not screen applicants at all, except for those personnel providing programs where state law mandates screening. The remaining five municipalities performed some screening, but did not do it consistently or did not document the date and results of the screening process.
Of the 1,994 individuals working in youth program services in these municipalities, the Comptroller’s audit did not identify any persons with sex offender or significant criminal histories.
The Comptroller’s audit findings also include:
Municipal youth programs can include pre-school or afterschool activities, arts and crafts, exercise and fitness, summer camps, seasonal or holiday special events, sports, employment and literacy programs, safety programs, swim programs and therapeutic programs. Background checks are currently required by state law or regulation only for individuals who have contact with children in camps, childcare programs and therapeutic programs.
DiNapoli recommended municipalities conduct background checks for all employees, volunteers and contractors involved in youth programs. Minimally, local officials should utilize the sex offender registry maintained by the New York State Division of Criminal Justice Services. They can also perform various types of criminal history background checks and develop their own procedures to limit liability and ensure the safety of participating children.
Local officials generally agreed with the audit findings and the Comptroller’s recommendations. Their responses are included in the final audit report.
For a copy of the report visit: http://www.osc.state.ny.us/localgov/audits/swr/2013/backgroundchecks/global.pdf
January 25, 2013
Unless meeting specified time requirements to advance a grievance to the next step is expressly set out in a collective bargaining agreement, timeliness is an issue for the arbitrator to resolve
The relevant collective bargaining agreement (CBA) spelled out time frames for the processing of grievances and included a clause stating "[t]he failure on the part of [Rondout Valley Federation of Teachers] to advance a pending grievance to the next stage within the time periods set forth herein shall constitute an abandonment of the grievance."
January 24, 2013
"By way of example, after Robert J. Duffy resigned as mayor of the City of Rochester to become the lieutenant governor, the then deputy mayor, Thomas S. Richards, was sworn in as acting mayor. After a Hatch Act complaint was filed, Richards was forced to resign that position in order to run in a special election to succeed Mayor Duffy, forcing the appointment of a separate acting mayor in the interim.
January 23, 2013
Examples of such disciplinary actions are set out below:
In any event, there is another lesson here: posting information on a social network may prove to be an example of the Doctrine of Unintended Consequences should such postings be targeted for the purposes of discovery in the course of litigation or arbitration.
This is a legal issue that courts being asked to address with increasing frequency. In Patterson v Turner, 88 AD3d 617, the court ruled that material on Facebook, if relevant, was subject to discovery while in Abrams v. Pecile, 83 A.D.3d 527, the court declined to permit discovery of material posted on social network sites because the party seeking such access was unable to demonstrate that such material would be relevant in the lawsuit. Presumably the same criteria would be used in situations involving efforts to obtain information posted on a social network account such as Facebook in an administrative disciplinary action or an arbitration.
January 22, 2013
Governor Cuomo Outlines 2013-2014 Executive Budget to Maintain Fiscal Responsibility And Continue to Invest in Economic Growth
Governor Andrew M. Cuomo today unveiled the proposed 2013-14 Executive Budget and Management Plan that builds on two years of balanced, fiscally responsible budgeting and invests in economic development, education reform, rebuilding after Superstorm Sandy, provides support to local governments and school districts, and includes no new taxes or fees.
Highlights of the Executive Budget:
· Holds spending increases below 2 percent for third consecutive year.
· Increases education aid by $889 million, or 4.4 percent, driving an average increase of more than $300/student per year.
· Targets economic development spending to accelerate the commercialization of new technology, launches a third round of the Regional Economic Development Councils, and markets the state’s tourism assets to bolster economic growth, especially Upstate.
· Reforms the Workers' Compensation system to save employers, local governments, and school districts more than $900 million.
· Includes nearly $974 million in savings from government redesign and cost control efforts
· Builds on the significant mandate relief enacted in 2012-13 by providing a Stable Rate Pension Contribution Option to allow local governments and school districts to immediately realize Tier VI savings.
· Raises the minimum wage from $7.25/hour to $8.75/hour.
The Executive Budget includes:
· State Operating Funds spending of $90.8 billion, an increase of $1.4 billion, or 1.6 percent. State Operating Funds exclude federal funds and long-term capital spending.
A Continued Commitment to Fiscal Responsibility
Governor Cuomo’s Executive Budget eliminates a budget gap of $1.3 billion in 2013-14 and further lowers the budget gaps projected in future years.
· No New Taxes or Fees: For the third consecutive year, the Executive Budget closes the budget gap with no new taxes or fees.
· $974 Million in Savings from Government Redesigns and Cost Control Efforts: As a result of initiatives spearheaded by the Governor since he took office to streamline state agency operations, government is doing more with less. The state's 2013-14 fiscal plan takes into account $974 million in savings from state agency redesign and cost-control efforts.
With state finances steadied, New York has the means to target new spending to grow the economy and create jobs and train students for the demands of the 21st Century workforce. The 2013-14 Executive Budget continues to invest in rebuilding New York's economy by funding new initiatives and targeting spending to focus on accelerating the commercialization of new technology to create new businesses, providing additional resources for regional economic strategies guided by the Regional Economic Development Councils, and marketing the state’s tourism assets to bolster economic growth, especially Upstate. Major initiatives include:
· Next Generation Job Linkage Program: The Budget includes $5 million in performance grants to incentivize community colleges to place students in high demand jobs.
· Regional Councils: Since their launch in 2011, the Regional Economic Development Councils have leveraged close to $5 billion in total project investment, spurred by $1.5 billion in state funding. To build on this success, the Executive Budget includes $150 million for a third round of the Regional Council process.
· NY Works Economic Development Fund Program: The Executive Budget includes $165 million for capital grants that support job creation and retention and fund investments that facilitate business expansion and the attraction of new businesses.
· Market NY: To bolster Upstate economic growth, the Governor laid out in his State of the State address a multi-faceted marketing plan. The Executive Budget provides the funding needed to launch the Market NY program which includes the Taste-NY initiative and a new competitive grant program for regional tourism marketing.
· Commitment to Western New York: The Executive Budget provides $100 million in funding and Excelsior tax credits as part of the Governor’s ten-year $1 billion commitment to revitalize Buffalo’s regional economy, and $60 million as part of the state's contribution to keep the Bills in Buffalo.
· NYSUNY 2020 and NYCUNY 2020: The Executive Budget includes $55 million for a third round of NYSUNY 2020 and $55 million for a new NYCUNY 2020 program. The competitive funding will support projects that link the knowledge and innovation of higher education to regional economic revitalization.
· House NY: To finance the creation and preservation of more than 14,300 affordable housing units, the Executive Budget initiates a five year, $1 billion investment, including the transfer of the Mitchell-Lama affordable housing asset portfolio from Empire State Development to Homes and Community Renewal.
· Minimum Wage Increase: As called for in the Governor's State of the State address, the Executive Budget increases the minimum wage from $7.25 to $8.75 an hour, bringing it more in line with the cost of living. The change would take effect July 1, 2013. Over 705,000 workers would be affected and total wages would increase by an estimated $1.01 billion per year.
· Major Reform of Workers’ Compensation System: The Executive Budget includes a sweeping reform of the state's complex and inefficient Worker's Comp system that will provide $900 million in savings to employers, local governments, and school districts without affecting the rights of workers. The reform plan will allow the State Insurance Fund to release reserves no longer needed to fund future liabilities, which will be used to fund job-creating capital projects and help reduce the state's debt.
· Unemployment Insurance Reform: The Executive Budget proposes substantial reforms that will decrease costs to employers and modernize the Unemployment Insurance system. For UI claimants, reforms will increase both minimum and maximum weekly benefit rates. For employers, reforms will lower total costs, with a savings of $400 million over ten years.
· Enhance New York Film Production Tax Credit: The Executive Budget extends the Empire State film production tax credit of $420 million a year for an additional five years. Restrictions on claiming the post-production portion of the credit will be reduced and additional reporting will be required to document the effectiveness of the credit in creating jobs.
· Extend Historic Commercial Properties Rehabilitation Credit: To provide assurance to developers who are rehabilitating historic commercial property, or are considering doing so, the Budget extends the existing $5 million per project tax credit for five years (2015-2019) and makes the credit refundable beginning in tax year 2015.
The 2013-14 Executive Budget allows New York to take the next steps in reimagining state government, allow for even greater transparency and efficiencies, and improve citizen engagement. A new website – www.OpenBudget.NY.gov – has been launched to provide New Yorkers with unprecedented access to information and resources regarding the state budget.
· Improve DMV Customer Service. The Executive Budget proposes a comprehensive customer service improvement initiative at the Department of Motor Vehicles (DMV) that is designed to reduce office wait times to 30 minutes or less by early 2014, increase the number of transactions serviced via technology outside of DMV offices by 50 percent, and put in place Saturday hours in certain offices.
· Continue Right-Sizing Prison Capacity: To realign the prison system’s capacity with continuing declines in the offender population and to achieve recurring savings for taxpayers, the Executive Budget recommends the closure of two prisons – Bayview in Manhattan and Beacon in Dutchess County. The closures are expected to reduce bed capacity by more than 432, and will save $18.7 million in 2013-14 and $62.1 million in 2014-15. Closure of the facilities will impact 273 employment positions, all of which can be absorbed in the current system.
· Improve the Workforce Development System: The state's current workforce development system fails to train individuals to fill existing job openings, and is not equipped to prepare New Yorkers for the jobs that will be in demand over the next five to ten years. State agencies will adopt consistent and high performance standards for workforce training and development, in conjunction with and certified by the State Department of Labor.
· Improve Services to Veterans: The Executive Budget enables the New York Employment Services System to be expanded to serve as a centralized statewide case management system for services to veterans, funded through a federal grant.
· Government Consolidation and Mergers: The Executive Budget provides for a series of consolidations and mergers to make government more efficient and save taxpayer dollars:
o Transfer the Homeless Housing Assistance Program – which finances construction of housing units for homeless individuals – from the Office of Temporary and Disability Assistance to Homes and Community Renewal to give affordable housing developers a single point of contact and oversight
o Merge the Office of the Welfare Inspector General into the Office of the Inspector General.
o Merge the Governor’s Office of Employee Relations with the Department of Civil Service to create a single State Employee Workforce Development Center
o Coordinate and consolidate public health and environmental labs functions which are currently operated by five agencies.
o The Department of Health and the Department of Civil Service will adopt a common strategy for purchasing health insurance and medical services that could save taxpayers $50 million annually.
o Consolidate disparate state agency print facilities into designated anchor facilities, based on proximity and common printing capability. This will reduce the number of print shops by 63 percent (from 24 to 9), and improve services and consistency while saving taxpayer dollars.
o Consolidate warehouse functions, beginning with new policies to ensure a sound and reliable inventory system.
Mandate Relief and Local Government Aid
Building on the significant mandate relief enacted in 2012-13, the Executive Budget provides local government officials with additional tools to manage their finances in a responsible manner. The 2013-14 Budget contains several new proposals to continue to assist localities during this difficult economic period.
· Local Sales Tax Rate Renewals: The Executive Budget allows counties to renew their existing sales tax authority without action by the State Legislature. The current process creates unpredictability that makes it difficult for local officials to manage their budgets. Any proposed rate increase would continue to require State Legislative approval.
· Unnecessary Reporting Requirements: All local government and school district reporting requirements would be eliminated on April 1, 2014 unless the Mandate Relief Council approves continuing them. This will place the burden of proof on state agencies and authorities to justify continuing a report.
· Reform Early Intervention Program: The Executive Budget recommends a series of modifications to the Early Intervention Program that will expand insurance coverage and streamline eligibility determinations, without impacting services, to provide significant fiscal and administrative mandate relief to counties and generate savings totaling more than $60 million over five years.
· Enhance General Public Health Work Program: The General Public Health Work program provides state aid reimbursement to Local Health Departments for a core set of public health services. Reforms associated with the first major overhaul of this program since its enactment will promote state health priorities, incentivize performance, and provide administrative relief to counties. The Budget will achieve $3.5 million in savings in 2014-15 and provide mandate relief for local governments of more than $16 million over five years.
· Reforms to Preschool Special Education: To increase the incentive for local governments to find and recover fraudulent and inappropriate spending by providers, counties and New York City would be allowed to keep 75 percent of all recoveries from local audits, nearly double the 40.5 percent that they are currently allowed to retain. In addition, New York City will be given the authority to establish rates with approved Preschool Special Education providers.
· School District Mandate Relief: As recommended by the Mandate Relief Council, the Executive Budget will create a new waiver process which will allow school districts to petition the State Education Department for flexibility in special education requirements. In addition, the burdensome requirement of maintaining an internal auditor for school districts with fewer than 1,000 students will be eliminated. Parental input will be included as part of the waiver process.
· Local Government Assistance: Consistent with 2012-13, the Executive Budget would maintain $715 million in unrestricted aid (AIM) to cities, towns and villages. In addition, funding for a series of local government efficiency and citizen empowerment programs will be extended.
The Executive Budget provides support for Superstorm Sandy recovery and rebuilding projects, programs, and other initiatives. Specifically, the Budget includes appropriations of $21 billion for disaster-related recovery, rebuilding and mitigation. An estimated $30 billion of Federal aid will flow through these appropriations or be directly administered by the Federal government, local governments and other entities.
· The Recreate NY Smart Home and Recreate NY Home Buy-Out Programs: The programs will ensure that New York rebuilds to modern building standards and, in locations where rebuilding is impractical, provide a voluntary home buyout alternative.
· Rebuilding and Hardening of Critical Infrastructure: Investments will be made in the areas of transportation, fuel supply, water supply, wastewater treatment systems, and electric distribution and flood protection systems.
· Repair and Build Natural Infrastructure to Protect Coastal Communities: Address the need to restore damaged beaches, dunes, and berms, and build new natural infrastructure including wetlands, reefs, dunes, and berms to reduce the impact of wave action, storm surges, and sea level rise.
· Restore Healthcare Facilities: Improvements will be made at hospitals, nursing homes and clinics to ensure these critical facilities are more resilient to future storms.
· Universal Protocols for Emergency Response: To improve coordination among state and local emergency response professionals, the Division of Homeland Security and Emergency Services will collaborate with SUNY to develop a training program which covers incident command, response, recovery, and state emergency protocols.
· A New Resilient Information System: Existing mobile messaging and social networking technologies will be leveraged to integrate disaster planning, preparedness and response. This will include “NY-TEXT”, a program to allow mass text messages to be sent to all wireless phones in a chosen area.
· Specialized Training for National Guard Members: Training will be provided in key emergency response categories such as power restoration, search and rescue, heavy equipment operation, and crowd management. During Sandy, more than 4,500 Guard members provided relief and accelerated the recovery. With additional training and skills, these Guard members can have an even greater impact when responding to disasters.
· Pre-positioned Stockpiles of Essential Equipment: Critical equipment such as generators, water tankers, chainsaws, piping, light towers, and pumps will be purchased and pre-positioned in anticipation of the next emergency.
· A Statewide Volunteer Network: Establishment of a network if individuals, non-profit organizations and corporations will help the state meet critical needs in disaster relief efforts by matching volunteers with opportunities to assist.
· A Citizen Education Campaign: This program will better prepare New Yorkers by providing information, resources and supplies, reducing the number of families in need during a disaster and allowing first responders to focus greater attention on those who are most vulnerable.
· Establishment of Vulnerable Population Databases: First responders, outreach workers, and healthcare and human services personnel will have access to information to help find and serve those who may need assistance.
· Energy Sector Worker Training: This new program will ensure availability of skilled professionals to quickly diagnose and replace damaged components and maintain a state of good repair.
· Design-Build for Sandy Relief: The Executive Budget also authorizes Design-Build – a proven way to reduce costs and speed completion – for agencies that will implement disaster recovery projects.
· Strengthening the Public Service Commission: The Budget implements the Moreland Act Commission recommendations to strengthen the oversight and enforcement mechanisms of the Public Service Commission to ensure public utility companies are held accountable and responsive to regulators and customers.
· Implement Community Focused Plans: Counties affected by Sandy, Irene and Lee eligible
The 2013-14 Executive Budget reflects a continued commitment to supporting improved student outcomes, sustainable cost growth, and equitable distribution of aid. It builds on the foundational work of prior years, and begins the implementation of key recommendations of the New NY Education Reform Commission. The total year-to-year increase in aid for education is $889 million, or 4.4 percent.
· Extended Learning Time: In order to provide increased learning opportunities, $20 million will be prioritized to support high-quality extended school day or extended school year programs, with academically enriched programming. Schools that apply to participate in the program must agree to expand learning time by 25 percent. The grant will cover the full cost of expanding learning time for students.
· Community Schools: The Executive Budget supports an innovative program designed to transform schools into community hubs that integrate social, health and other services, as well as after-school programming to support students and their families.
· Reward High-Performing Teachers: The Executive Budget provides $11 million to offer $15,000 in annual stipends for four years to the most effective teachers, beginning with math and science teachers.
· Early College High School Programs: The Executive Budget provides $4 million in new state funding, bringing the state’s total investment in Early College High School programs to $6 million, to improve college access and success.
· Bar Exam for Teachers: To ensure the best and brightest are teaching our children, the State Education Department will increase the standards for teacher certification to require passage of a “bar exam,” in addition to longer, more intensive and high-quality student-teaching experience in a school setting.
· Target School Aid Increases to High-Need School Districts: The Executive Budget provides a $611 million increase in School Aid. High-need school districts will receive 75 percent of the 2013-14 allocated increase and 69 percent of total School Aid. The aid includes $272 million for general support, $289 million for increased reimbursement in expense-based aid programs, and $50 million for a new round of competitive grants.
· Provide Fiscal Stabilization Funding for School Districts in the 2013-14 School Year: In recognition of extraordinary increases in fixed costs, including pension contributions, the Executive Budget provides $203 million in one-time financial relief to school districts.
· Maintain the Commitment to Teacher Evaluation Reform: The Executive Budget will continue to link increases in State Aid to compliance with the teacher evaluation system to ensure implementation and accountability for improving student performance. School districts will not be eligible for aid increases unless they have fully implemented the teacher evaluation process for the 2013-14 school year by September 1, 2013.
Environment and Energy: The Executive Budget increases support for critical environmental protection and energy programs. The Environmental Protection Fund (EPF) will be increased by $19 million to $153 million. The Cleaner, Greener Communities program, administered by NYSERDA to fund energy efficiency and renewable energy projects, will be supplemented by a net $10 million in new state funding. To address a backlog of environmental capital needs, the Budget includes $135 million of new funding for DEC, OPRHP, the Department of Agriculture and Markets, and the Olympic Regional Development Authority under the NY Works program. In addition, the Budget provides the financial platform to implement the Moreland Commission recommendations that will strengthen the oversight and enforcement mechanisms of the Public Service Commission.
Health Care: The Executive Budget maintains the Medicaid spending cap enacted in 2011-12 and recommends funding consistent with its provisions. The Budget achieves $125.3 million in savings from public health and aging programs through program reforms, enterprise-wide efficiency measures, and general cost-control efforts in public health and aging programs. In addition, the Executive Budget continues the state's implementation of the New York Health Benefit Exchange that will serve as a centralized marketplace for the purchase and sale of health insurance, in accordance with the Affordable Care Act.
Higher Education: To ensure New York's students are prepared for the jobs of today and tomorrow, the Executive Budget changes the approach to funding community college workforce and vocational programs. Instead of funding based solely on enrollment, in order to receive State support for these programs, community colleges will be expected to partner with local employers and the Regional Economic Development Councils to identify job training needs. In addition, the Budget provides new funding to community colleges based on performance in measures of student success, including job placement.
Public Safety: The Executive Budget helps to implement the NY SAFE Act, including creating a database for gun permits to allow the state to identify those with a firearms license who no longer legally qualify to possess a firearm. The Budget proposes that an existing $11.4 million in funding for Alternatives to Incarceration be restructured as a competitive grant program targeting the highest risk offenders. The Budget includes legislation to reform the traffic adjudication process will help improve public safety and help reduce the loss of $58 million annually in state revenue that is caused by the existing process.
Revenue Action and Tax Reform: There are no new taxes or fees in the Executive Budget. The Budget proposes to strengthen the state’s already robust tax enforcement efforts to ensure all individuals pay their fair share. These provisions, as well as the extension of existing revenue sources, would generate an additional $403 million in collections on an All Funds basis.
Transportation: The Executive Budget includes $300 million of new transportation capital funding under the NY Works program. In addition, the Budget provides operating support totaling $4.7 billion to mass transit systems. The MTA will receive over $4.2 billion, an increase of more than $358 million from 2012-13, and other transit systems will receive over $454 million, which reflects an increase of $23.5 million. The Budget includes $307 million in General Fund support for the MTA to fully offset the revenue impact of the reform of the MTA payroll tax that the Governor signed into law in 2011.
Apply the public policy exception in considering confirming an arbitration award in situations where the alleged misconduct might constitute a felony
Supreme Court ruled that SUNY had failed to demonstrate that the requested documents were pertinent and material to the issues presented, explaining that “It is well settled that ‘[a]n arbitrator is not bound by principles of substantive law or rules of evidence, and may do justice and apply his or her own sense of law and equity to the facts as he or she finds them to be,’" citing Perilli v NYS Dept. of Correctional Services, 80 AD3d 617.
DiNapoli: $265 Million In Hurricane Relief Contracts and Payments Expedited in 2012
The State Comptroller’s office processed nearly $265 million in contracts and spending in November and December 2012 related to Hurricane Sandy recovery and has posted the details online so the public can access it in real time, Comptroller Thomas P. DiNapoli reported Wednesday.
DiNapoli: Slow Growth In Aid To New York’s Local Governments Over Last Decade
Local governments across New York are increasingly turning to local tax revenue to make up for sluggish growth in federal and state aid, according to a report issued Wednesday by State Comptroller Thomas P. DiNapoli. The report is the latest in a series of reports DiNapoli will issue to highlight the causes of fiscal stress in New York’s local governments.
DiNapoli: SUNY Downstate Medical Center Faces Insolvency
The State University of New York Downstate Medical Center, which includes the University Hospital of Brooklyn, faces insolvency as early as May if immediate actions are not taken, according to an audit assessing the hospital’s financial condition released Thursday by New York State Comptroller Thomas P. DiNapoli.
DiNapoli Freezes Pension Fund Investments in Commercial Firearm Manufacturers
New York State Comptroller Thomas P. DiNapoli announced Tuesday that the New York State Common Retirement Fund will freeze its investments in publicly–traded commercial firearm manufacturers.
DiNapoli: KeyCorp Agrees To Disclose Political Spending
KeyCorp has agreed to disclose all of its corporate political spending, lobbying and employee–sponsored political contributions in a comprehensive agreement announced Wednesday by New York State Comptroller Thomas P. DiNapoli on behalf of the New York State Common Retirement Fund.
New York State Comptroller Thomas P. DiNapoli Thursday announced his office completed audits of:
Comptroller DiNapoli Releases School Audit
New York State Comptroller Thomas P. DiNapoli Thursday announced his office completed an audit of
Public Personnel Law E-books
The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 700 page e-book. For more information click on http://booklocker.com/books/5215.html
A Reasonable Disciplinary Penalty Under the Circumstances - A 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a large, paperback print edition and as an e-book. For more information click on
The Layoff, Preferred List and Reinstatement Manual - A 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html
General Municipal Law §§207-a and 207-c - Disability Leave for fire, police and other public sector personnel - A 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on
SELECTED REFERENCES and BLOGS
- A Handbook addressing disciplining public employees
- A Handbook focusing on imposing reasonable disciplinary penalties
- A Handbook focusing on layoff and reinstatement
- A Handbook on Disability Benefits for public employees
- A sample personnel handbook
- Blogging Civil Rights Law
- Blogging Constitutional Law
- Blogging Disability Law
- Blogging Education Law
- Blogging Human Rights Law
- Blogging Legal Information
- Blogging Military Law
- Blogging public libraries
- Challenging Adverse Personnel Decisions
- COVID-19 - New York State maps and data
- Delaware Employment Law Blog
- Gotham schools newsroom - A NYC school news blog
- New York City ERS blog - by John Murphy
- NY Municipalities - NYMUNIBLOG
- St. Lawrence County Civil Service Web Site
Subsequent court and administrative rulings, or additions or amendments to laws, rules and regulations may have modified or clarified or vacated or reversed or otherwise have had an impact on 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, REMEMBER THAT 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 DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
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 in this blog is presented with the understanding that the publisher, editor, contributors or members of the staff are not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.