Selected Education Law §§306 or 310 administrative appeals recently adjudicated by New York State's Commissioner of Education, Dr. Betty A. Rosa

Decision No. 18,844 - Application of Petitioner seeking the removal of the School District's "District Registrar, Attendance Officer and Director of Food and Nutrition Services". Click HERE to access the Commissioner's decision posted on the Internet.

Decision No. 18,845 - Application of Petitioner seeking the removal of a Member of the School District's Board of Education. Click HERE to access the Commissioner's decision posted on the Internet.

Decision No. 18,846 - Petitioner sought the removal of a Trustee from the School District's Board of Education. The Petitioner's application was denied as untimely. An appeal to the Commissioner must be commenced within 30 days from the decision or act complained of, unless any delay is excused by the Commissioner for good cause shown (8 NYCRR 275.16). Click HERE to access the Commissioner's decision.

Decision No. 18,848 - Appeal of Petitioner from certain actions taken by the School District's Board of Education. Click HERE to access the Commissioner's decision posted on the Internet.

Decision No. 18,850 - Consolidated Applications submitted by two Petitioners. One Petitioner sought the removal of the Superintendent of the School District and the second Petitioner sought the removal of the School Board's President and Trustee of the School District's Board of Education. Click HERE to access the decisions of the Commissioner posted on the Internet.

Decision No. 18,851 - Appeal of Petitioners on behalf of their children from a decision of the Board of Education concerning the School District's boundary. Click HERE to access the Commissioner's decision posted on the Internet.

New York State's Comptroller Thomas P. DiNapoli releases State Government Accountability audits

On October 2, 2026  New York State Comptroller Thomas P. DiNapoli announced that the State Government Accountability, Local government and School audits  audits listed below were posted on the Internet

Click on the text highlighted in COLOR to access the audit.

New York City Department of Citywide Administrative Services – Actions to Reduce Carbon Emissions From City Government Operations (2023-N-7)
In 2019, the New York City Council passed the Climate Mobilization Act, including Local Law 97, which requires New York City government operations to reduce greenhouse gas emissions by at least 40% by fiscal year 2025 and 50% by fiscal year 2030, relative to such emissions for fiscal year 2006. Auditors found that the city did not achieve the emissions reductions or energy efficiency improvements for 2025. While the city acknowledged that it was behind schedule due to “unforeseen and unprecedented challenges over the past years,” other factors such as missing documentation, missed reporting deadlines, inconsistent metrics and unclear guidance and communication from the Department of Citywide Administrative Services to agencies it was to collaborate with on emissions reductions also contributed to delays with achieving Climate Mobilization Act goals. 

Department of Health – Medicaid Program: Oversight of Electronic Transmitter Identification Numbers (2024-S-34)
An electronic transmitter identification number (ETIN) is a unique identifier used to submit fee-for-service claims to Medicaid. Per Medicaid policy, all entities that submit claims to Medicaid must have an active, certified ETIN affiliation on file before submitting claims. Auditors found that DOH has not implemented adequate controls to ensure that ETIN affiliations meet requirements. As a result, the Department of Health’s Medicaid claim processing and payment system processed nearly 10.8 million claims submitted with 783 ETINs that were not affiliated with the billing providers on the date of service. The control deficiencies identified reduce visibility into the claim submission process, creating uncertainty about whether claim submitters who may have been previously authorized are still authorized to submit claims.

Metropolitan Transportation Authority – Selected Aspects of the Metropolitan Transportation Authority Small Business Development Program (2023-S-47)
In 2010, the Metropolitan Transportation Authority (MTA) launched its Small Business Development Program (SBDP) to help eligible small business construction firms develop and grow by establishing business relationships with the MTA. SBDP includes the state-funded Small Business Mentoring Program (Mentoring Program) and the federally funded Small Business Federal Program. Auditors found an overall lack of formal written procedures for many aspects of SBDP, including the application and procurement processes, the identification of bidders and the Mentoring Program’s training and outreach. Auditors found errors or inconsistencies in the documents SBDP uses to select which contractors would be provided with an opportunity to bid on individual contracts. As a result, auditors found eligible contractors that should have been selected to bid but were not.

Division of Criminal Justice Services – Oversight of Adult Probation Services (2023-S-46)
The Division of Criminal Justice Services (DCJS) oversees and funds 58 probation departments across the state, covering 57 counties and New York City. It is responsible for promoting practices that improve public safety, hold probationers accountable, and reduce recidivism. Auditors found that DCJS should increase its monitoring and oversight to enhance the probation supervision practices provided by counties and maximize public safety for all state residents and provide guidance that establishes a balance between the counties expressed desire for standards and the need for flexibility from county to county. While DCJS has developed and implemented protocols to assist counties with their supervision responsibilities, auditors found that counties could use additional guidance and support in areas such as training, caseload and review practices, drug and alcohol testing, completing required periodic probationer assessment reports, sex offender supervision and the management of ignition interlock devices.

Department of Labor – Labor Investigations in New York City (Follow-Up) (2025-F-32)
The Department of Labor (DOL) is responsible for enforcing New York Labor Laws (Laws),which provide requirements related to minimum wage, overtime, hours of work, child labor and payment of wages and wage supplements—and DOL’s Division of Labor Standards (Division) is responsible for receiving and investigating labor complaints, and can assess penalties and fines if employers are found to be in violation of the Laws. A prior audit, issued in January 2024, identified weaknesses in several aspects of DOL’s oversight, including significant delays in the Division’s investigation activities that, in turn, diminished the efficiency of case resolution and restitution for workers. DOL made some progress in addressing the problems identified in the initial audit report. Of the initial report’s seven audit recommendations, two were implemented and five were partially implemented.

City of Albany – Budget Review (Albany County) OSC reviewed the city’s adopted fiscal year 2025 and 2026 budgets and determined that significant revenue and expenditure projections were not reasonable. City officials did not prepare budgets using realistic estimates based on historical trends, actual results and the most current and accurate information available. In addition, city officials relied on non-recurring revenues to finance recurring expenditures. The city experienced an unplanned operating deficit of approximately $25 million in fiscal year 2025, which significantly reduced available financial resources and limited the city’s ability to finance amounts included in the 2026 adopted budget. The 2026 adopted budget includes revenues that the city may not realize and appropriations that are underestimated. If current operating trends continue, auditors project the city will have a fiscal year-end deficit of approximately $26 million.

City of Oneonta – Cybersecurity (Otsego County) City officials did not provide adequate governance to safeguard Information Technology (IT) assets from cybersecurity threats. While the city’s third-party IT vendor created several cybersecurity policies, standards and guidelines, the city’s common council did not formally adopt the policies and city officials did not review, enforce or monitor employee compliance with the policies. In addition, officials did not communicate the policies to city employees in a timely manner, and they did not clearly document cybersecurity roles and responsibilities in city employees’ job descriptions. As a result, policy violations occurred, including officials not documenting risk assessment activities and employees not completing cybersecurity awareness training within 30 days of hire.

Lockwood Volunteer Fire Department – Financial Activities (Tioga County)  Department officials did not ensure that financial activities were properly supported, authorized, recorded and reported or provide the department board of directors with complete, accurate and timely information needed to effectively oversee the Department’s financial operations.

Town of Wallkill – Budget Review (Orange County) The town’s adopted budget for fiscal year 2026 risks negatively impacting the town’s financial condition and putting the town in a declining financial position. Because the town did not have complete, accurate and current accounting and financial records, auditors’ ability to determine the reasonableness of the town’s significant revenue and expenditure projections was limited. The budget included appropriated fund balance as well as significant revenue and expenditure projections that were not always reasonable or supported. While the one-time state aid of $4 million will ease concerns for the 2026 fiscal year, the combination of these factors puts the town at risk of having a declining financial condition.

Town of Washington – Financial Operations (Dutchess County) The board and officials did not effectively manage the town’s fund balances. As a result, officials maintained unrestricted fund balance in the main operating funds that exceeded the town’s 25% fund balance policy limit and adopted unrealistic budgets that generated operating surpluses and accumulated excess fund balances. Inadequate budgeting practices, including appropriating fund balance that was not needed to fund operations, may have resulted in taxpayers paying more in real property taxes than necessary. In addition, while officials stated that excess fund balance was set aside for future capital plans and maintenance, they did not develop a multiyear financial plan or a capital plan to identify, prioritize and fund those needs and guide budget development and decisions.

Village of Elmsford – Employee Benefits (Westchester County) Village officials did not ensure employees’ leave accruals and payments of unused leave accruals were accurate, approved and supported. Failing to ensure that employees’ leave accruals and payments are accurate resulted in employees being compensated for or taking leave to which they were not entitled and creates the potential for future errors. As a result, the village incurred unnecessary salary-related expenditures.

Village of Fonda – Water Fund Financial Operations (Montgomery County)  The board did not effectively manage the water fund’s financial operations, causing the fund balance to decline and reducing the board’s ability to respond to emergencies, infrastructure and service needs or other unanticipated occurrences. In addition, the board did not provide oversight of the clerk-treasurer’s water duties.

Village of Lansing – Procurement (Tompkins County) The board and village officials did not always use a competitive process to procure goods and services according to the statutory requirements in state law, the village’s procurement policy or best practices. As a result, village officials did not have assurance that purchases were made in a manner that guards against favoritism, improvidence, extravagance, fraud and corruption, while fostering honest competition for the village to obtain the best goods and services at the lowest possible price.

                                                                            ###

Join the New York State Bar Association Local and State Government Law Section for its Fall 2026 Meeting at Lake Placid

 

Friday, October 9 – Sunday, October 11, 2026 Cambria Hotel – Lake Placid, NY Register Now Join the Local and State Government Law Section for their Fall 2026 Meeting in Lake Placid!  Topics include: Cybersecurity Current Issues Election Law Update Labor Law – Dealing With Difficult Employees 2026 SEQRA Overhaul EverLaw Intro Supreme Court Update Prosecution: Prosecutor vs. Corporation Counsel Roles Urban Renewal and Economic Development Tools Battery Energy Storage Home Rule: Major Questions Doctrine, Boreali and Preemption Ethics-Attorney Discipline in New York FOIL and Open Meetings Law Update Sponsors Local and State Government Law Section Committee on Continuing Legal Education   For Public Officials: The New York State Bar Association is registered with the New York State Commission on Ethics and Lobbying In Government pursuant to the Lobbying Act to engage in lobbying activities. Consequently, public officials cannot accept certain benefits from the Association. Further information can be obtained by contacting an official's agency ethics officer or the Association at (518) 463-3200. Accommodations for Persons with Disabilities: NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, contact the Member Resource Center at 800-582-2452 or  mrc@nysba.org.

New York Public Personnel Law E-books

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State set out as an e-book. For more about this electronic handbook, click HERE.

A Reasonable Disciplinary Penalty Under the Circumstances - The text of this publication focuses 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. For more information click HERE.

Disability Benefits for fire, police and other public sector personnel - An e-book focusing on retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a or 207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information about this e-book click HERE.

The Layoff, Preferred List and Reinstatement Manual - This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. Click HERE for more information.

Selected items posted on the Internet during the week ending October 2, 2026

5 Public Safety Trends for 2026 From AI-powered situational awareness to integrated real-time crime centers, this paper reveals how agencies can modernize systems to keep pace with escalating risks. DOWNLOAD

Reports of kratom-related overdoses are prompting more states to consider bans on a product widely sold online and in convenience stores. Lawmakers are weighing those risks against its use for pain relief and the option of tighter sales and potency rules. Read More

Preparing for Medicaid's New Redetermination Mandates This paper explores practical strategies for preparing for more frequent eligibility reviews, strengthening constituent communications and reducing administrative burden without sacrificing the beneficiary experience. DOWNLOAD

Nominate a Rising HHS Leader Current leaders of state and local health and human services systems are invited to nominate Deputy Directors and program directors to participate in HHS 2030 programming. LEARN MORE

New research links housing scarcity and higher rents to increased poverty. In the most affected states, up to 34 percent of poverty can be attributed to skyrocketing housing costs. Read More

A Guide to AI Recruitment Technology for Public Sector Hiring Learn how AI-assisted recruiting can help agencies identify qualified candidates sooner, reduce sourcing work and manage the compliance and security considerations that come with hiring technology. DOWNLOAD

Improving Emergency Response with Modern Cellular Networks This e-book features real-world examples from police, fire, EMS, and 911 agencies that have strengthened connectivity across vehicles, stations, and temporary command sites. DOWNLOAD

Beyond Phones and Hotspots: Building True Connectivity for the Government Workforce No matter where government work happens, employees need secure, reliable access to the applications and data that keep public services moving. This paper explores how state and local agencies can rethink connectivity for field and hybrid work, reduce reliance on unsecured networks, apply Zero-Trust principles, and give employees the ability to complete more work at the point of service. DOWNLOAD

Keeping Public Services Accessible During Emergencies Power outages, severe weather, and equipment failures don't stop the need for public services. Learn how agencies can prepare for unexpected disruptions while maintaining reliable communications with staff and the communities they serve. DOWNLOAD

Better User Experiences, Better Government: Designing the Modern Workplace Learn five practical best practices for modernizing meeting spaces, supporting hybrid work and building workplaces that empower employees to focus on serving the public. DOWNLOAD

CLE/CPD-eligible webinar The obligations of lawyers using AI will be offered on Thursday, October 8 at 12 p.m. ET. AI Hallucinations, Confidentiality, and Compliance: What Every Lawyer Needs to Know

How Agentic AI Creates a New Operating Model for Higher Education Security Learn how higher education security teams use AI agents to prioritize threats, automate investigations and extend SOC capacity. WATCH NOW

Plaintiff held to have waived any right to personally proceed with his grievance once he authorized his Union to handle the grievance pursuant to the collective bargaining agreement

Plaintiff appealed a Federal District Court’s dismissal of his complaint against International Brotherhood of Teamsters and Teamsters Local Union No. 210 [collectively herein "Union"] and United Airlines, Inc. [United] for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). 

Plaintiff had secured the Union’s representation to challenge his termination from his job as an airline technician for United Airlines but after advocating for his claim through the initial steps of the contract grievance procedure, Union concluded that Plaintiff's grievance was not meritorious and declined to pursue it further. 

In his appeal before the U. S. Court of Appeals, Second Circuit [Second Circuit], Plaintiff argued that the District Court erred in determining that he did not separately have the individual right to pursue that grievance in arbitration pursuant to the Railway Labor Act [RLA], 45 U.S.C. §151 et seq., after the Union declined to go beyond the initial steps it had taken on behalf of Plaintiff after deciding Plaintiff's grievance lacked merit.

Plaintiff had been employed by United for almost 25 years prior to his being fired for timekeeping violations on June 11, 2024. During his employment, Plaintiff was a member of IBT’s affiliated local union, Local 210. The IBT and Local 210 constitutions contain substantially similar language regarding the relationship between a Union member and the Union for purposes of employment grievances whereby the Union and its officers, business representatives, and agents may decline to process any grievance, complaint, difficulty, or dispute if in their reasonable judgment such grievance, complaint, or dispute lacks merit. 

Under the terms of the relevant CBA, “[i]f the decision of the Company’s representative is not acceptable to the Union, the decision may be appealed by the Union to the System Board of Adjustment,” which is composed of two members designated by United and two members designated by the Union. After Plaintiff’s termination, the Union filed a grievance with United on his behalf pursuant to the relevant CBA’s grievance procedures. The grievance form, signed by Plaintiff states, “I hereby authorize the Union to settle my grievance as they deem proper, and I agree to accept and be bound by the settlement agreed to by the Union or its designees.” 

The Union subsequently notified Plaintiff that after a “full legal review” of Plaintiff’s grievance, and “based on [the Union’s] attorney’s legal opinion that any grievance on behalf of [Plaintiff] will be denied and unlikely to be sustained in a board of arbitration,” the Union “declined to pursue this grievance.” 

Plaintiff next filed the instant lawsuit, seeking;

(1) A declaratory judgment that, as an airline employee, he has the right to arbitrate his grievance as an individual, with or without the Union’s participation; and 

2) An order compelling such arbitration before a single arbitrator. 

In granting Unions’ motions to dismiss the District Court concluded that the RLA does not provide an individual right for airline employees to arbitrate a grievance and dismissed Plaintiff's complaint. 

Union had contended that the RLA provides no such right and, even if it did, Plaintiff waived it by entrusting the Union to settle his grievance in this case. The Second Circuit said it agreed with the Union, also concluding that Plaintiff waived any such right to individually pursue his grievance in this case by ceding it to the Union.

In the words of the Second Circuit: "we conclude that [Plaintiff ceded his grievance authority to the Union through his membership in the Union and by signing the grievance form, thus waiving any right to pursue arbitration as an individual under the RLA (assuming, without deciding, that such a right exists)," noting that "the IBT and Local 210 constitutions plainly provide that the Union has the authority to decline to process member grievances it finds to be without merit". 

The Second Circuit's decision observed that the "CBA interlocks with this provision, providing an appeal to the SBA through the Union and states that, if the SBA deadlocks, 'the Union may appeal the case to arbitration.'” 

Further and "most concretely", the Second Circuit's decision pointed out that the Plaintiff "had signed grievance form, specific to his termination grievance, clearly accepts the Union’s authority here, vesting the Union with full authority to act on his behalf". 

In particular, the Second Circuit noted that Plaintiff had agreed to “accept and be bound by” the Union’s exercise of its discretion in handling his grievance", and the Second Circuit said "we will enforce that agreement here". 

ln the words of the Court, Plaintiff "waived that right in connection with his termination by ceding it to the Union and, thus, his complaint failed to state a claim under Rule 12(b)(6) ", affirming the  judgment of the Federal District Court.

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

New York State Municipal and School audits released

On September 30, 2026 New York State Comptroller Thomas P. DiNapoli announced the release of the following local government and school audits.

Click on the text highlighted in COLOR to access the audit.

Transparency of Fiscal Activities in Towns - Complete, accurate and timely financial information enables governing boards to monitor a town’s financial condition, make informed financial decisions, establish future tax levies, plan for long-term operating and capital needs and demonstrate responsible stewardship of public resources. The Office of the State Comptroller (OSC) selected 18 towns across nine regions to review their fiscal year 2024 annual financial report (AFR) filing status. Auditors determined that 12 towns did not file their AFR with OSC, five towns filed late and one town filed on time. Auditors also determined eight of the 18 towns selected did not maintain complete and up to date accounting records and that most of the boards did not perform annual audits.

Big Indian-Oliverea Fire District – Board Oversight (Ulster County) - The board did not provide adequate oversight of the district’s financial operations. Auditors identified deficiencies in the board’s policies, budgeting practices, claims auditing, Length of Service Award Program administration, AFR filings and compliance with training requirements.

Broome County – Court and Trust Funds - Auditors reviewed the directors’, county clerk’s and Surrogate’s Court’s processes, procedures and records for the receipt and management of court and trust funds, as well as estates in the directors’ custody. The director did not establish adequate procedures that ensured all court and trust funds were received, accounted for and properly reported. Specifically, reconciliations were not performed in a timely manner among the director, county clerk and Surrogate’s Court clerk. 

City of Fulton – Clerk-Chamberlain’s Records and Reports (Oswego County) - While the city had two different clerk-chamberlains during the audit period, the former clerk-chamberlain did not maintain accurate and up-to-date financial records and, therefore, did not properly report the city’s financial position and activity to the council each month or file the city’s 2022 and 2023 AFRs with OSC in a timely manner. The current clerk-chamberlain has made progress towards improving the records, but the errors auditors identified during the audit have not been corrected and the city’s 2024 and 2025 AFRs have not been filed.

Greene Central School District – Building Access (Chenango, Broome and Cortland Counties) - District officials did not properly manage and monitor building access accounts and devices. Specifically, the district had active, but unneeded, accounts with assigned key cards in the system. As a result, there was a potential risk for unauthorized access to district school buildings, compromising building security and safety for students, teachers, staff and visitors.

Lawrence Union Free School District – Information Technology (IT) (Nassau County) - Although district training records support that officials generally provided IT security awareness training to staff, officials did not adequately manage all nonstudent network user accounts. As a result, officials cannot be assured that district IT systems are secured and protected against unauthorized use.

Town of Macedon – Ambulance Service Financial Operations (Wayne County) - The board and officials did not adequately oversee and manage the town’s ambulance service’s financial operations. The board did not ensure ambulance service charges were properly billed, collected and reconciled; authorize billing write-offs; adopt realistic budgets; develop long-term financial or capital plans; ensure only authorized claims were paid; and ensure emergency medical technicians (EMTs) were paid at board-approved rates. Officials also did not maintain complete and up-to-date financial and inventory records or comply with certain procurement requirements.

Village of Moravia – Procurement (Cayuga County) - Village officials did not always seek competition when procuring goods and services in accordance with statutory requirements set forth in state law and the village’s procurement policy. Specifically, village officials did not have supporting documentation indicating that they sought competition for goods and services totaling more than $1.3 million and procured the goods and services in the most economical manner.

City of Oneida – Bank and Receivable Control Account Reconciliations (Madison County) - City officials did not properly reconcile bank accounts or receivable control accounts for real property taxes and water and sewer rents. As a result, officials lacked assurance that financial records were accurate and complete and that errors, discrepancies or irregularities in collections, disbursements and amounts owed to the city would be identified and corrected in a timely manner.

Town of Rotterdam – Transparency of Fiscal Activities (Schenectady County) - The board did not provide for a timely annual audit of the town’s financial records for fiscal year 2024. In addition, the town comptroller did not prepare and file the 2024 AFR with OSC, as required by state law. Furthermore, the town comptroller did not provide the board with complete, accurate and reliable monthly financial reports. Had the board received complete, accurate and reliable monthly reports and ensured a timely annual audit of the town’s books, records and documents, it may have identified and potentially helped remedy these issues.

Twin District Volunteer Fire Company – Credit Cards (Erie County) - Company officials did not always ensure that credit card purchases were properly supported and made for appropriate company purposes. Although the company’s credit card policy assigned responsibility for monitoring credit card activity to the board of directors, the board did not review credit card purchases, statements or supporting documentation before approving payment. Instead, the board relied on card holders to monitor usage and review and approve their own purchases.

Town of Williamstown – Supervisor’s Records and Reports (Oswego County) - The supervisor did not maintain accurate accounting records, provide the board with adequate monthly financial reports and file the town’s AFRs, as required. As a result, the board’s ability to properly and effectively monitor and manage the town’s financial operations and make informed decisions was limited, and the town’s financial standing at year-end was not transparent to the board, town residents, OSC and other interested parties.

Woodhull Fire District – Financial Oversight (Steuben County) - The board did not provide adequate oversight of the district’s financial operations. As a result, the board could not ensure that the records and reports that it used to make financial decisions were complete and accurate, which made it difficult for the board to make informed decisions and adequately plan for future expenses.

                                                                          ###