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

July 26, 2024

Teaching about controversial issues in the classroom of a public school

A tenured physical education educator [Petitioner] appealed certain actions by the Board of Education [Respondent] and its Superintendent [collectively “Respondents”] involving the Respondent’s Policy 4810, “Teaching About Controversial Issues”.*

In response to a formal complaint against Petitioner submitted by a student alleging Petitioner made derogatory remarks to students in violation of the Dignity for All Students Act (“Dignity Act”), Respondents commenced a Dignity Act investigation and placed Petitioner on paid administrative leave. Petitioner met with district representatives and responded to the allegations against him. Immediately following this meeting, Respondents:

1. Restored Petitioner from paid administrative leave; and

2. Issued a counseling memorandum to Petitioner advising him that "the investigation had concluded" and, “although a technical violation of [the Dignity Act] was not found' ... going forward, Petitioner should refrain from engaging in “‘debates’ and/or conversations about ‘controversial’ political and societal topics” that fell outside the scope of the physical education curriculum.  The memorandum was added to Petitioner’s personnel file. Petitioner sent Respondents a “Letter of Counsel Rebuttal and Complaint” and ultimately appealed the Respondent's actions to the Commissioner of Education, alleging he "was wrongfully suspended and that the counseling memorandum constituted an impermissible reprimand imposed without the procedural protections of Education Law § 3020-a. Petitioner further alleged that Respondents discriminated against his religious beliefs in violation of Title VII of the Civil Rights Act of 1964 and that the restrictions imposed upon him by the counseling memorandum violate his First Amendment rights.  

For relief, Petitioner sought the removal of the counseling memorandum and any mention of his suspension from his personnel file as well as a name-clearing hearing.  Petitioner additionally sought unspecified relief “for neglect of duties in the form of remediation, training,” and prevention of any “future retaliation” against him.

After addressing several procedural issues, the Commissioner addressed the merits of Petitioner's appeal, holding:

1.  Petitioner failed to prove that Respondent placed him on administrative leave for an unreasonable amount of time;

2.  Citing Holt v Board of Educ., Webutuck Cent. Sch. Dist., et al.,* the Commissioner noted the Court of Appeals articulated a distinction between “admonitions to a teacher [that] are critical of performance” and “disciplinary determinations of a punitive nature.” The former, intended to address “relatively minor breach[es] of school policy,” may be imposed by management in its discretion while the latter may only be imposed following a hearing. 

The Commissioner identified two primary factors to be considered in determining whether written criticism constitutes an impermissible reprimand:  

(1) Whether the letter is directed towards an improvement in performance or a reprimand for prior misconduct; and 

(2) The severity of the misconduct and the admonition/reprimand, citing Appeal of Rogers, 63 Ed Dept Rep, Decision No. 18,364 and Matter of Richardson, 24 id. 104, Decision No. 11,333.

The Commissioner found that the counseling memorandum constituted an administrative evaluation. The Commissioner further opined that the nature of the misconduct was relatively minor:  Petitioner’s unnecessary interjection of his opinions—on topics including finances, politics, and government—into discussions that had no relationship to physical education class , noting that Respondents’ investigation indicated that these remarks did not rise to a violation of the Dignity Act. 

Concluding that Respondents’ admonition to Petitioner, which was factual in nature, explained why Petitioner’s actions and statements were inconsistent with board policy and the district’s expectations, the Commissioner opined that "As such, there is no basis to expunge the counseling memorandum from [Petitioner’s] personnel file".

As to Petitioner's seeking a "name-clearing hearing", the Commissioner noted that Petitioner was not terminated and there is no evidence in the record that Respondents publicly made any defamatory or stigmatizing comments about Petitioner in connection with the matter.

Additionally, to the extent that Petitioner raised claims pursuant to the New York Freedom of Information Law and Open Meetings Law, the Commissioner explained that such allegations are outside the jurisdiction of the Commissioner in an Education Law §310 appeal. 

* Policy 4810  provides that “[i]n the classroom, matters of a controversial nature shall be handled as they arise in the normal course of instruction and not introduced for their own sake. Such issues shall be neither sought nor avoided.”  It further provides that “[w]hen presenting various positions on a controversial issue, the teacher shall take care to balance major views and to assure that as many sides of the issues as possible are presented in a fair manner, with no position being espoused by the teacher as the only one acceptable.”

** 52 NY2d 625.

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

 

July 25, 2024

Former Fire Chief pleads guilty to stealing and repays more than $18,000 of fire company's funds

New York State Comptroller Thomas P. DiNapoli, Ontario County District Attorney James Ritts, and the New York State Police announced the guilty plea of John Morabito, former chief of the Border City Hose Company, for theft of $18,772 from the company.

“Mr. Morabito’s theft of money meant to protect his community was a violation of the public’s trust and a betrayal of his office,” DiNapoli said. “I thank District Attorney Ritts and the New York State Police for partnering with my office to hold him accountable and make the company whole.”

Ontario County District Attorney James Ritts said, “At a time when funding for our Fire Departments and Hose Companies is so important, restoring the funding, assuring accountability, and protecting the companies was our driving concern. I am pleased we were able to address these concerns. The investigation by the New York State Police and the Comptroller’s Office made accomplishing these goals possible. The District Attorney’s office appreciates everyone’s efforts.”

New York State Police Superintendent Steven G. James said, “I commend the diligent work of our State Police members, along with our partners at the State Comptroller’s Office and Ontario County District Attorney’s Office, for their hard work in putting an end to this dishonest act. Mr. Morabito knowingly defrauded, and preyed on the public’s philanthropy, all to fill his pockets and satisfy greed. We will not tolerate the conduct of those who take advantage of their position to steal money meant to benefit the community.”

Morabito served as chief of the Hose Company, which is one of two fire companies in the Border City Fire District that serves residents in the City of Geneva and the Village of Waterloo. While he was chief, from 2015 to 2021, he stole $16,000 in donations, rental hall payments, and income received by the Hose Company.

Morabito made $16,000 in cash withdrawals and also used the Hose Company’s home improvement store credit card to make $2,200 in unauthorized purchases of construction supplies, tools, bathroom light fixtures, and a table saw for his personal residence.

Morabito pleaded guilty to misapplication of property  and was sentenced to a conditional discharge and paid back full restitution of $18,772. Additionally, Morabito is prohibited from having fiduciary responsibilities within the Hose Company, if permitted to rejoin the company.

###

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigiations@osc.ny.gov, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.


Compelling the disclosure of records pursuant to New York State's Freedom of Information Law with respect to complaints and allegations made against police officers "that were not substantiated"

In the Matter of New York Civil Liberties Union v. Village of Freeport, 2024 NY Slip Op 03824, the Appellate Division held that upon repealing Civil Rights Law §90-a, the New York State Legislature amended the "Public Officers Law to specifically contemplate the disclosure of 'law enforcement disciplinary records,' which it defines to include 'complaints, allegations, and charges against an employee'".

Further, opined the court, if the State Legislature "had intended to exclude from disclosure complaints and allegations that were not substantiated, it would simply have stated as much", observing "[it] did not, and instead included 'complaints, allegations, and charges' in its definition of disciplinary records, along with 'the disposition of any disciplinary proceeding,' without qualification as to the outcome of the proceeding".

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


July 24, 2024

A member of the New York City's Education Retirement System retired based on the System's erroneous representation she was eligible to do so must file a timely CPLR Article 78 seeking retirement benefits denied her

The New York City Board of Education Retirement System [Retirement System] initially placed the Plaintiff in its "Age 57 Early Retirement Program". Plaintiff retired on April 21, 2019, allegedly based upon representations by the Retirement System that she was eligible to retire and started receiving retirement benefits.

The Retirement System subsequently notified Plaintiff that it had determined that placing Plaintiff in the 57/5 program was an error, and that she should have been placed in the "25-Year Early Retirement Program". As Plaintiff was not yet eligible to retire, Retirement System gave the Plaintiff several options to address her premature retirement. Plaintiff elected to return to service for approximately 10 months until she was credited with 25 years of service and then file for retirement under the 55/25 program.

In October 2021, Plaintiff commenced an action seeking a judgment declaring that Retirement System was estopped from denying the Plaintiff's entitlement to retirement benefits "for the period from April 21, 2019, to the date that she returned to service or, in the alternative, to recover damages for breach of fiduciary duty, negligent misrepresentation, and negligence." Supreme Court granted Retirement Systems motion to dismiss Plaintiff's action as "time barred" and Plaintiff appealed Supreme Court's ruling.

Citing Walton v New York State Dept. of Correctional Servs., 8 NY3d 186, the Appellate Division sustained the Supreme Court's decision, noting "where [the] proceeding could have been brought pursuant to CPLR Article 78, the four-month statute of limitations applicable to such proceedings applies". In the words of the Appellate Division, "although the complaint sought declaratory relief or monetary damages, the gravamen of the complaint concerned [Plaintiff's] challenge to the Retirement System's determination dated August 7, 2019, that her retirement as of April 21, 2019, was premature due to her erroneous placement in the 57/5 program...."

As the damages sought by Plaintiff concerning her unpaid retirement benefits for the period from her retirement on April 21, 2019, to the date that she returned to service arose from and were incidental to the Retirement System's determination dated August 7, 2019, Plaintiff could have commenced a CPLR Article 78 proceeding to challenge the Retirement System's determination dated August 7, 2019, and "the four-month statute of limitations applicable to such proceedings applies".

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


July 23, 2024

Second Circuit Court of Appeals holds New York State's Board of Law Examiners has Eleventh Amendment sovereign immunity

No. 22-1661

T.W., Plaintiff-Appellant,

v.

NEW YORK STATE BOARD OF LAW EXAMINERS, DIANE BOSSE, JOHN J. MCALARY, BRYAN WILLIAMS, ROBERT MCMILLEN, E. LEO MILONAS, MICHAEL COLODNER, Defendants-Appellees.

On Appeal from the United States District Court for the Eastern District of New York.

ARGUED: JUNE 5, 2023 DECIDED: JULY 19, 2024

Before: LIVINGSTON, Chief Judge, and NARDINI, Circuit Judge.*

Below is the summary of  the ruling preceding the court's decision.

"T.W. sued Defendant-Appellee the New York State Board of Law Examiners alleging, inter alia, that the Board violated Title II of the Americans with Disabilities Act (the “ADA”) and Section 504 of the Rehabilitation Act by denying her requests for certain accommodations on the New York State bar examination in 2013 and 2014. 

"The Board moved to dismiss T.W.’s complaint, asserting that the United States District Court for the Eastern District of New York (Raymond J. Dearie, District Judge) lacked subject matter jurisdiction because New York’s sovereign immunity barred T.W.’s ADA and Rehabilitation Act claims under the Eleventh Amendment. The district court denied the Board’s motion to dismiss, but this Court reversed, holding that the Board was immune from suit under Section 504 of the Rehabilitation Act** and remanding for consideration of the Board’s motion to dismiss as to T.W.’s Title II claim under the ADA. On remand, the district court granted the Board’s motion to dismiss, holding that the Board is entitled to immunity as an “arm of the state,” that Title II does not abrogate the Board’s sovereign immunity for money damages as applied to T.W.’s claim, and that T.W. could not maintain her requests for declaratory and injunctive relief under Ex parte Young. 

"On appeal, T.W. argues that the Board is not an arm of the state, and even if it were an arm of the state, Title II has abrogated Eleventh Amendment immunity in the context of T.W.’s claim. In addition, T.W. argues that even if the Board enjoys sovereign immunity, she may seek her requested declaratory and injunctive relief under Ex parte Young. We disagree and therefore AFFIRM the July 21, 2022, judgment of the district court."

* Judge Rosemary S. Pooler, originally a member of this Second Circuit panel, passed away on August 10, 2023. The two remaining members of the panel, who are in agreement, determined the matter. See 28 U.S.C. § 46(d); 2d Cir. IOP E(b); United States v. Desimone, 140 F.3d 457, 458–59 (2d Cir. 1998). 

** The Circuit Court found that the Board was not a program or activity of a department or agency that receives federal funds and was therefore immune from suit pursuant to Section 504 of the Rehabilitation Act.

Click HERE to access the text of the Second Circuit decision posted on the Internet.


July 22, 2024

New York Public Personnel Law E-books available from BookLocker, Inc.

The Discipline Book, - A concise guide to disciplinary actions involving public employees in New York State and its political subdivisions set out in an e-book. For more information and access to a free excerpt from this e-book, click here: http://booklocker.com/books/5215.html 


A Reasonable Disciplinary Penalty Under the Circumstances - an e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/7401.html


The Layoff, Preferred List and Reinstatement Manual - an e-book reviewing the relevant New York State laws, rules and regulations, and selected court and administrative decisions. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/5216.html


Disability Benefits for New York State and municipal public sector personnel - an e-book focusing on administering the Retirement and Social Security Law, the General Municipal Law Sections 207-a/207-c and similar laws providing disability benefits to employees of the State of New York and its political subdivisions. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/3916.html

 

Elements considered in determining the final average salary of a member of the New York State Teachers' Retirement System for the purposes of determining the pension portion of the member's retirement benefit

A Tier 4 member [Petitioner] of the New York Teachers' Retirement System [TRS] retired and commenced receiving a monthly retirement allowance that included a "pension" benefit. 

Petitioner subsequently received a letter from TRS advising that it was removing certain payments he had received from the School District during the last three years of his employment — i.e., a technology/wellness allowance, vacation buyback payments and raises he received outside of a negotiated agreement — from the calculation of his final average salary [FAS] for the purpose of determining his pension benefit. This change resulted in Petitioner receiving "a reduced benefit amount". Petitioner challenged TRS's determination.

Ultimately TRS issued a final determination in May 2022, which included the raise Petitioner received during the 2018-2019 and 2019-2020 school years in the calculation of Petitioner's FAS, but excluded a technology/wellness allowance and  vacation buyback payments from this calculation.

Petitioner initiated a CPLR Article 78 proceeding contending TRS's determination was arbitrary and capricious. After receiving additional documentary evidence, TRS issued a revised determination that found Petitioner's entire reported salary for 2019-2020 — i.e., when he was promoted to deputy superintendent — pensionable, but TRS adhered to its original determinations regarding the 2017-2018 and 2018-2019 school years. In addition, TRS "capped the increases" in Petitioner's salary for the three years used to calculate his FAS at 10% of his average salary for the preceding two years. 

Petitioner filed an amended petition challenging TRS's revised final determination, which was dismissed by Supreme Court. Petitioner appealed.

The Appellate Division affirmed the Supreme Court's ruling, explaining "Where, as here, "[a] challenged determination was made [by TRS] without a hearing, judicial review is limited to whether the determination is arbitrary and capricious and without a rational basis". Further, said the Appellate Division, "if the wages* earned during any year included in the period used to determine final average salary exceeds that of the average of the previous two years by more than [10%], the amount in excess of [10%] shall be excluded from the computation of final average salary".

Additionally, the Appellate Division observed that when determining a member's base salary for the purpose of computing retirement benefits, "lump sum payments for sick leave, annual leave or any other form of termination pay" are excluded, as are any form of termination pay "to prevent artificial inflation of final average salary by payments made in anticipation of retirement". 

In determining what constitutes average regular compensation within the meaning of the statute, the Appellate Division opined that courts "must look to the substance of the transaction and not to what the parties may label it".

Petitioner had given up a technology/wellness stipend during the 2017-2018 school year in exchange for the cash value of the stipend being rolled into his base salary. This was consistent with the terms of the relevant collective bargaining agreement, which deleted this benefit in exchange for increasing the salary step schedules of all unit members by the benefit amount. 

Also noted was the fact that Petitioner's vacation time was also reduced from 30 to 20 days beginning in the 2017-2018 school year, with a prior option to sell back unused vacation time omitted from his employment contract. In exchange for giving up 10 days of vacation time Petitioner's base salary was also increased.

Notwithstanding "averments by School District officials to the contrary," after considering the totality of the record, the Appellate Division concluded that TRS could rationally determine that rolling the cash value of these benefits into Petitioner's reported salary for the 2017-2018 and 2018-2019 school years constituted payments made in anticipation of retirement that should be excluded from the calculation of Petitioner's FAS. 

The Appellate Division also noted that the 10% cap is mandated by statute and Petitioner had cited no authority for the proposition that TRS has discretion to dispense with its application.

* The term "wages", said the court, refers to "regular compensation earned by and paid to a member by a public employer", citing Retirement and Social Security Law §601[l] [a]).

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


July 20, 2024

Selected links to items concerning government operations posted on the Internet during the week ending July 19, 2024


AI and The Law  A report posted on Sui Generis, a New York Law Blog" by Nicole Black, Esq., addressing using AI in and by law firms. Click the text following highlighted in blue to access the report:  New Report Highlights GenAI Adoption Trends in Law.

 

AI Gun Scan Company, ZeroEyes, Raises $53M  The company has raised more than $100 million in equity and debt from private investment firms, and it has hired more than 150 people, some of them veterans, half in the Philadelphia area. READ MORE

 

Are We More at Risk of Infectious Disease Now Than Ever?  From COVID to Lyme disease, there are numerous illnesses that residents across Connecticut and the nation are at risk of. But does that mean we are more at risk today than times in the past? READ MORE

 

Are We Only 20 Years from the Singularity?  When futurist Ray Kurzweil popularized the idea that AI would one day surpass human intelligence, he predicted its occurrence in 2045. With two decades to go, now is the time to get ahead on regulating it. READ MORE

 

At First Meeting, R.I. AI Task Force Considers Advisers  Rhode Island Gov. Dan McKee announced the group’s membership, and that he would host its inaugural gathering, on Friday. Members will assess the risks and opportunities in artificial intelligence. READ MORE

  

Atlanta AI Council Meets at Last, Looks to Create Committees  The new council, chaired by Sam Altman, CEO of OpenAI, held its inaugural gathering at the end of June, six months after it was announced. The group may create committees to get more heavily involved in day-to-day operations. READ MORE

 

Atlanta Cyclists Warn of E-Bike Dangers on Shared Paths  Atlanta limits e-bike motors to 20 miles per hour on shared-use paths, but there have been several reports of bikes traveling at speeds up to 70 mph. READ MORE

 

Big Batteries Were Key to California Grid Surviving Recent Heat Wave  The state’s power grid maintained service throughout a nearly three-weeklong record-setting heat wave. Officials are crediting investments in clean energy, particularly in 10,000 megawatts of battery storage.  READ MORE

 

Boston to Roll Out Tap-to-Pay Transit Fare Payment Option  The Massachusetts Bay Transportation Authority, in partnership with Cubic Transportation Systems, will introduce new contactless tap-to-ride technology, where riders tap a credit card or digital wallet to pay transit fares. READ MORE

 

Can a Gov Tech Supplier Help Reduce Recidivism Rates?  That’s one of the main ideas driving a deal between Geographic Solutions and California prison authorities. The company’s software is helping give soon-to-be-released inmates a chance to apply for jobs. READ MORE

 

ChatGPT and Google Gemini Pass Ethical Hacking Exams  Researchers at the University of Missouri say the automation and speed of large language models could be useful in cyber defense, but they can’t yet replace human cybersecurity experts. READ MORE

 

Chicago Teaches Barber Students How to Reverse Overdoses  Rush University Medical Center is using its classes of barber and hair stylist students to help combat the opioid crisis by providing them training about substance use disorders and how to administer Narcan. READ MORE

 

Chinese Tech Firm Files to Launch 10K Low-Orbit Satellites  Plus, Waymo reports 50,000 weekly driverless taxi rides in three major cities, research finds investments in renewable energy are paying off and parrots, it turns out, like to FaceTime their friends. READ MORE


Clay County, Ind., Declares Local Disaster After Cyber Attack  The local government declared a “local disaster emergency” due to a “significant disruption in services as a result of a criminal ransomware attack.” This follows disruptions to the county courthouse and probation/community corrections. READ MORE

 

Cloud Procurement: Myths and Opportunities  With the expiration of emergency procurement provisions, many agencies have returned to traditional procedures after a period of unprecedented flexibility and rapid delivery of cloud-based services. But government IT leaders may have more latitude to take advantage of cloud-based solutions than they realize. This thought leadership paper debunks common misconceptions about cloud procurement and outlines strategies for simplifying procurement processes.
DOWNLOAD

 

Connecticut’s Digital Equity Work Supports Regional Efforts  Digital Equity Program Manager Lauren Thompson on building a people-centered program, maximizing federal funding and making sure residents have the tools they need to get online in Connecticut. READ MORE

 

FBI Revamps Criminal Justice Data Security Policy  Revisions to the FBI’s Criminal Justice Information Services Security Policy affect all entities who have access to that data, including education departments, police, vendors and more. READ MORE

 

Feds Give Georgia’s Blue Bird $80M for EV School Buses  The bus maker will receive the money under the Domestic Auto Manufacturing Conversion Grants program plan, which aims to spur U.S. production of electric, hydrogen or hybrid vehicles. It will convert a factory to produce the buses. READ MORE


First-of-its-Kind Gender-Based Violence: Law, Policy, and Practice Course Gives Students Real-World Experience  Albany Law School continues to find innovative ways to advance its curriculum to prepare students for a career in law. A fitting example is the new Gender-Based Violence: Law, Policy, and Practice class. The two-credit course, first offered in the spring semester of 2024, focuses on the first-of-its-kind federal plan U.S. National Plan to End Gender-Based Violence: Strategies for Action, which was adopted in the spring of 2023. READ MORE 


Floodbase Aims to Bring More Real-Time Clarity to Flood Risk  The company, which already serves the federal government, has released a data-based product to other public agencies. The goal is to help officials with flood response, management and recovery operations. READ MORE

 

Florida Welcome Signs With DeSantis Motto Cost $60K  The state now has signs that welcome visitors to “The Free State of Florida” at 24 locations along highways and two welcome centers. The slogan has been used in Gov. Ron DeSantis’  ampaign since at least 2022.  READ MORE

 

Florida Will Pull Digital ID App from Stores, Redo It  In an email Wednesday, the Florida Department of Highway Safety and Motor Vehicles said it will revise the Florida Smart ID application, and asked users to delete it. The app has since been deactivated. READ MORE

 

Future-Proofing the Public Sector with Technology Modernization  As advancements in technology speed up, government agencies face a decision: maintain old legacy systems or invest in modern technology. The imperative for leaders is not just about keeping pace with technological advancements but about reducing risks by making smart choices that will stand the test of time. By all measures, migrating legacy IT system functions to the cloud is the smart choice. DOWNLOAD

 

Google Public Sector unveils AI thought leadership hub: Helping organizations innovate  Google launches new thought leadership hub detailing AI tools designed to address public sector challenges, from healthcare to sustainability.  Explore Real-world AI in Action For the Public Sector

 

Google's AI hub: How AI is empowering the public sector  Discover how adaptive, secure, and responsible AI is helping modernize government services. Explore case studies, white papers, and expert insights.  Discover How AI is Transforming Citizen Services

 

Guarding Gold: Cybersecurity Challenges Ahead of the Paris Olympics  Preparations for the Paris Summer Olympics have been going on for years. And given the expected global audience and international participation, cybersecurity is at the center of the action. READ MORE

 

Harford County Approves AP African American Studies Curriculum  The Maryland county’s Board of Education unanimously approved the updated coursework this week following hours of public comments. The elective course will be offered next year to juniors and seniors at six schools. READ MORE

 

Heavy Rains, Floods Force Hundreds to Flee St. Louis Area  Heavy rains on Tuesday threatened failure of the 89-year-old Nashville, Mo., City Reservoir Dam, forcing about 200 people to evacuate their homes. More rain is expected across the region. READ MORE

 

How ‘Alternative Investments’ Are Dragging Down Pension Performance  The major public funds have almost doubled their investments in high-fee, nontraditional vehicles, and important new research shows how costly it’s been. It’s a wake-up call for greater scrutiny of fee structures and consultants’ assumptions. READ MORE

 

How Contact Centers Can Innovate Without Disruption  Contact centers are essential to creating a satisfying customer experience (CX) for government agencies and their constituents. In this Government Technology Q&A, Jerry Dotson, vice president of public sector, Avaya Government Solutions, explains how the right CX platform lets government organizations implement new contact center technologies easily and efficiently.  READ MORE

 

How Governments Are Using AI and GIS to Fast-Track Permits  State and municipal agencies and one of the nation’s most populous counties are integrating AI and GIS into their permitting systems, adding automation and enhancing transparency to improve service and accountability. READ MORE

 

Is Minnesota’s Governor Taking Fraud Claims Seriously?  Recent reports from the legislative auditor about stolen millions have sparked questions about Gov. Tim Walz’ administration and its oversight of public funds. READ MORE


Massachusetts City Doubles Number of Surveillance Cameras  Officials in Methuen, Mass., have started the process of installing 50 public police cameras in recent weeks as part of the citywide camera network that will cover all 23 square miles of the city. READ MORE

 

Minnesota Housing Agency Accused of Making Racial Segregation Worse  The Minneapolis-based Stairstep Foundation works with more than 100 Black churches and argued that the Minnesota Advisory Committee has not encouraged or allocated subsidized housing appropriately.  READ MORE

 

Nebraska Court Rules State Workers Must Return to the Office  Gov. Jim Pillen ordered state workers back in the office at the start of the year, but the employees union balked. A labor court said the union had "engaged in a pattern of willful, flagrant, aggravated, persistent and pervasive prohibited misconduct." READ MORE

 

New England Attorneys General Notify Cyber Attack Victims  Officials in Massachusetts and New Hampshire are contacting and offering resources to people whose personal and health information may have been compromised in the February Change Healthcare incident. READ MORE

 

New Jersey Braces for School Smartphone Ban Fighting Officials in Middletown, N.J., have proposed a policy banning smartphone use in classrooms, bathrooms, locker rooms and most spaces outside of high school free periods, as a statewide ban is discussed. READ MORE

 

Often Overlooked, Printers Require Protection Strategies  We rely on printing and document sharing so often it’s easy to overlook the security vulnerabilities inherent to them. However, both pose significant risks. DOWNLOAD

 

Political and Labor Leader in Philadelphia Sentenced to 6 Years in Prison  On Thursday, John Dougherty was sentenced to federal prison following convictions of bribery and embezzlement. Dougherty led the state’s most powerful labor union for nearly 30 years. READ MORE

 

Prepare for a New Dust Bowl  No rainmaker, aqueduct or prayer can save the Ogallala Aquifer from depletion. The battle over its decline pits good policy against powerful agricultural and political interests. READ MORE

 

Protect Digital Identities from Fraud  Discover strategies to enhance digital identity security and reduce fraud risks. READ THE WHITE PAPER

 

Ransomware Attack Hits Florida Department of Health  This new cyber attack has disrupted the state’s ability to issue death and birth certificates, and the breach might be putting sensitive patient data at risk. READ MORE

 

Report: Police Must Evolve to Combat New Age of Cyber Threats  Public safety threats are increasingly blending physical violence, cyber attacks and online influence campaigns. The report calls for new law enforcement training, a national threat system and more. READ MORE

 

San Francisco Elevates Seasoned Exec to CIO  IT Leader  Interim CIO Michael Makstman, in place since Jan. 1, has been made permanent and will lead the city-county’s Department of Technology. Makstman has been with San Francisco more than six years and was previously its CISO. READ MORE

 

Seattle to Vote on Record $1.55 Billion Transportation Levy  The proposal would increase property taxes to fund new sidewalks, bike lanes, and other transportation infrastructure. It would replace a $930 million levy expiring this year. READ MORE

 

See the USA in Your Chevrolet, for About 11 Cents a Mile  Traveling across the West in an electric car turned out to have unexpected thrills, and occasional frustrations. Our reporter found that the chargers were out there — but connecting with them sometimes meant taking the long way around. READ MORE

 

Self-Service, Automation Driving Public-Sector IT Innovation  Learn how the convergence of self-service and automation in public-sector IT enhances efficiency for government agencies — streamlining access to services, freeing up resources and fostering innovation. LEARN MORE

 

Should Noncitizens Be Able to Be Cops and Firefighters?  This fall, Denver voters will decide whether people who are legal residents but not U.S. citizens should be able to work as city firefighters and police officers. If approved by a majority, the citizenship requirement will be removed.  READ MORE

 

Some Police Leave Big Cities to Avoid Scrutiny  Larger departments struggle to hire, despite big salaries and bonuses, while smaller agencies are seeing their incentives yield more hires. READ MORE

 

South Carolina’s Blueprint Reveals How It Will Leverage AI  The state’s Artificial Intelligence Strategy details how agencies will leverage the technology for predictive analysis, to improve resident services and drive workforce development. Ethics and security are part of the plan. READ MORE

 

State of Local Government Survey Results - 2024  A recent survey of over 500 local government leaders and if there’s one thing that the results tell us, it’s that the need to do more with less is greater than ever. Download this year’s annual survey to see what the biggest opportunities and obstacles facing the public sector are.  SEE THE RESULTS

 

States Tighten Funeral Home Rules After Decades of Lax Oversight  Lawmakers in Colorado, Illinois and Michigan are seeking to tighten regulations on the funeral home industry after numerous incidents prompted outrage from the public and grieving families. READ MORE

 

Strengthen Your Digital Identity Today  Learn effective methods to safeguard digital identities and prevent online fraud.  ACCESS THE FULL WHITE PAPER

 

Strengthening Supervision for Safer Communities  Staff shortages and rising caseloads are contributing to an increase in the average time adults remain incarcerated. Supervision software can streamline pretrial, probation and parole processes and help officers manage cases more efficiently. This paper explains how modern supervision software can help improve outcomes and protect communities.  DOWNLOAD

 

The Contributions Older People Could Make to Government  When it comes to public-sector jobs and elective office, age discrimination is real. Governments would do well to tap into the experience and the particular type of intelligence that people of a certain age can bring to bear. READ MORE

 

The Emerging Strategy for Getting Drivers of the Biggest Gas Guzzlers Into EVs  The top 10 percent of drivers in the U.S. consume more than a third of the gasoline. Some lawmakers hope targeting them with EV incentives will help reduce emissions more quickly. READ MORE

 

The Expensive Help Texas Is Getting at the Border  The federal government has deployed the National Guard to Texas’ border with Mexico for years, but a number of states have dug into their own budgets to send more military and law enforcement personnel. Some states have spent millions. READ MORE

 

The Mission: Connect Every American  From tough terrains to harsh climates, connecting every American requires resilience. Witness the relentless efforts to bridge the digital divide. [CONTENT PROVIDED BY NCTA] STREAM THE DOCUFILM NOW

 

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 Winners and Losers of Pennsylvania’s $47.6B Budget  The state’s budget will include big changes to how the state funds its public schools and offers a new approach to higher ed. But residents earning minimum wage and SEPTA won’t be so lucky in financial allocation this year.  READ MORE

 

Two Years In, Americans Still Learning What the 988 Crisis Line Is All About  The national Suicide and Crisis Lifeline is two years old. Americans know it’s there, but not many know what it does.  READ MORE

 

Under Watchful Eyes, Guilford County Upgrades Its 911 Center  One of North Carolina's largest counties is deploying a new emergency communications system from Hexagon. The exec running the 911 center — now the new president of NENA — details what will happen and what’s at stake. READ MORE

 

Use This Framework to Modernize Your Government Grant Programs  This framework accommodates the uniqueness of each government grant program so you can modernize at your own pace. LEARN MORE

 

Washington State Launches Food Poisoning  Reporting Tool  Announced  Monday, the Foodborne Illness Notification System from the Washington Department of Health is an online platform residents can use to notify authorities about illness or food safety concerns. READ MORE

 

West Virginia Appeals to SCOTUS Over Transgender Sports Ban  State Attorney General Patrick Morrisey filed a petition with the court asking it to overturn an appellate court finding that the ban violated Title IX rights. READ MORE

 

What’s New in Digital Equity: Rating Low-Cost Internet Plans  Plus, the FCC is taking steps to update broadband data collection, more states have had their initial proposals for BEAD funding approved, Oakland got a grant to expand broadband infrastructure, and more. READ MORE

 

When ‘Universal’ Pre-K Really Isn’t: Barriers to Participating Abound  A lack of awareness, limited hours and a shortage of teachers are among the hurdles.  READ MORE

 

Why Scammers Are Targeting Cryptocurrency ATMs  Experts say crypto ATMs have become a vehicle for international criminal enterprises, and that millions of dollars’ worth of fraud is carried out using the machines in the U.S. alone. READ MORE

 

Will the 2024 Elections Lead to a Massive CIO Changeup?  With 11 gubernatorial elections impending, should state and local governments expect to see major changes in the leadership of technology and innovation? Government Technology digs into the data. READ MORE

 

Winning Online Budget Books  From budget books to open data, see how local government teams around the country are making their voices, and impact, heard with these online publications. SEE HOW

 

Yolo County, Calif., Moves to Gov Domains for Security  Yolo County is proactively enhancing the security and trustworthiness of its online presence by transitioning all county professional email accounts and webpages from the ".org" domain to the ".gov" domain. READ MORE

 


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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