ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

Mar 21, 2026

Selected items from blogs posted on the Internet during the week ending March 20, 2026

CALL FOR ENTRIES for the AI 50 Awards 2026! The Center for Public Sector AI invites all US state, local, and tribal governments, education and nonprofit entities, as well as private industry partners, that are advancing artificial intelligence, to participate in the AI 50 Awards 2026. Submissions are due April 10. LEARN MORE

4 Ways Government Organizations Are Driving Efficiency Government and education organizations are under growing pressure to do more with fewer resources. This thought leadership white paper explores four proven ways SLED organizations are driving efficiency through modernization, from process mapping and AI-powered automation to cloud adoption and improved constituent experiences. DOWNLOAD 


5 Steps for Adopting AI Responsibly in Government Government agencies must modernize services while safeguarding transparency, security and public trust. AI can help — but only with disciplined implementation. This paper shares five concrete steps for adopting AI responsibly, from prioritizing use cases to establishing governance and preparing your workforce. DOWNLOAD 

9 Best Practices for Modernizing Hybrid Government Workspaces Discover nine proven tactics government agencies are using to build more efficient and flexible work environments. DOWNLOAD

Future-Proof Your Workforce with Cross-Skilling This paper examines how cross-skilling can help government organizations build a more agile and resilient workforce.   DOWNLOAD

Why SD-WAN is the Future of Government Networking Government networks are under growing pressure as agencies adopt cloud services, deploy AI tools and deliver more digital services to residents. This paper explains why software-defined wide area networking (SD-WAN) is emerging as a critical foundation for modern government infrastructure, helping agencies increase capacity, strengthen security and reduce networking costs. DOWNLOAD

Fighting AI with AI: How State and Local Governments Can Stop Fraud This thought leadership paper covers common misconceptions about AI in identity verification and the technology components agencies need to combat to prevent AI-driven fraud. Read more to learn how your agency can enhance its approach to identity verification. DOWNLOAD

How Public-Private Partnerships Help Governments Keep Promises Tight budgets meet rising expectations — partnerships offer a path forward. READ NOW 

A Nationwide Study of Truck Parking on Interstate Ramps Every night, hundreds of trucks park on interstate ramps. This report maps where and why ramp parking occurs and what it means for corridor planning, safety, and funding strategy. DOWNLOAD

Building and Evaluating an RFP for Digital Grants Software This guide gives public sector professionals the clarity they need to craft and evaluate a digital grants software RFP. Learn how to set expectations, streamline responses, and select a solution that fits your mission and your budget.   DOWNLOAD 

The 2026 State of Online Payments This sixth annual report delivers essential insights into how, when, and why Americans are paying their bills digitally.   DOWNLOAD

Reconnecting Communities After Disasters Takes Coordination When the worst happens, restoring connectivity takes coordination. America's cable industry brings teamwork, readiness, and experience to disaster recovery. Watch the new docufilm

Managing the Risks of Shadow AI Explore how public sector leaders can strike the right balance between enabling innovation and protecting sensitive data. This paper outlines why visibility is the foundation of effective AI governance, how adaptive Zero Trust security models can reduce risk in real time, and what practical steps agencies can take to establish guardrails without slowing productivity.   DOWNLOAD

A Platform Approach to Smarter Device Fleet Management Managing today’s device fleets is only growing more complex. In this session, we’ll explore what it truly means to manage your device fleet strategically and why a platform-based approach is critical for modern government and education environments. WATCH NOW 

Building Resilient Government Services for Rural Communities Learn how rural agencies are scaling services, reducing risk, and improving access with automation, data sharing, and cross-agency collaboration. WATCH NOW

Flexible Tech Strategies for Uncertain Terrain Get fresh insights and actionable advice into the shifting government landscape and making the most of your technology investments. WATCH NOW

Secure Collaboration for Modern Government Learn how organizations are leveraging certified, secure video and communication solutions to support productivity and public engagement.   WATCH NOW

Exposing Software Supply Chain Blind Spots in Government Learn how to make invisible risks to the software supply chain visible, and what government leaders can do about them. WATCH NOW




Mar 20, 2026

SUNY Research Webinar highlighting the women who shaped New York State’s past and continue to inspire its future

Join the SUNY Research Foundation Webinar on Wednesday, March 25, 2026 highlighting the women who shaped New York State’s past and continue to inspire its future. Hear from the Radley Fellows as they share their groundbreaking research.

This event honors the vision of Dr. Virginia Radley, whose fellowship uplifts SUNY scholars exploring women’s leadership, the humanities, and inclusive civic impact.

Register today at https://ow.ly/6y6C50YwwLW

New York State Comptroller releases local government audits

On March 19, 2026 New York State Comptroller Thomas P. DiNapoli issued the local government audits described below.

Click on the text highlighted in color to access the text of the audits.


Village of Asharoken – Claims Audit and Treasurer’s Duties (Suffolk County)  Auditors found the board did not always conduct a thorough audit of individual claims for non-payroll disbursements because supporting documentation was not consistently included with claims submitted for review. Of the 232 disbursements totaling $877,625 reviewed, 51 disbursements totaling $69,707 were not properly audited due to missing invoices, unsigned vouchers, late fees and claims that showed no evidence of board review. Auditors also found that some payments were withdrawn directly from the village’s bank account without being audited by the board.


Town of Gorham – Distribution of Foreign Fire Insurance Tax Proceeds (Ontario County)  Town officials did not properly distribute the 2023 and 2024 Foreign Fire Insurance tax proceeds in accordance with state law and relevant case law. The bookkeeper incorrectly calculated the allocation by using an inaccurate formula that included the fire district and based the distribution on contract payments and budgeted appropriations rather than the number of active members in the fire companies. Auditors determined that the fire district should not have been included in the calculation and that the proceeds should have been distributed based on a pro-rata formula using active membership totals. As a result, one fire department received $681 more than its share, another received $4,076 less than its share and the fire district improperly received $3,395. In addition, town officials did not review the allocation calculations to ensure the funds were accurately distributed.


Fairview Fire District – Procurement and Claims Audit (Dutchess County)  The board and district officials did not always procure goods and services in a cost-effective manner or ensure claims were properly audited for accuracy and completeness. As a result, officials could not support the district procuring a $1.2 million ladder truck in the most cost-effective manner and did not pursue competition or document the competitive process for 11 purchases totaling $178,347 out of 18 purchases totaling $414,458. In addition, officials did not effectively audit 50 claims totaling $124,600, made 15 purchases totaling $5,784 that were not appropriate because they were gifts and did not approve reimbursement payments to 27 employees totaling $19,419.


Preston Fire District – Board Oversight (Chenango County)  The board did not provide proper oversight of the district’s financial activities. The board did not adopt an investment policy, correctly monitor investments, establish a procurement policy, effectively audit claims, annually audit the treasurer’s records or ensure the district’s annual financial reports were filed in a timely manner. Although the district’s investments were legal, safe and liquid, officials maintained the capital reserve fund in a savings account earning 0.02% interest and realized only $125 in earnings during the three completed fiscal years of the audit period. If officials invested in an alternative permissible investment, such as treasury bills with an average interest rate of 3.89%, the district could have realized approximately $26,000 in additional earnings during the same period.


Town of Ridgeway – Health Insurance Benefits (Orleans County)  Auditors found the board did not properly authorize or monitor health insurance benefits provided to current and former officials. Because internal controls and oversight were not established, the supervisor did not ensure officials were eligible to receive post-employment health insurance benefits or that required premium contributions were paid to the town. As a result, the town incurred $236,885 more for health insurance premiums than it should have during the audit period, representing approximately 34% of the town’s total health insurance premiums over the seven-year period. In addition, the supervisor did not ensure certain former officials were eligible for benefits, resulting in $179,325 in unauthorized payments, and did not collect $52,659 in required premium contributions owed to the town.


Middlesex Fire District – Procurement (Yates County)  District officials did not ensure that goods and services were procured in an economical manner. These deficiencies occurred because officials did not follow the procurement policy adopted by the board of fire commissioners or demonstrate that the emergency exception to competitive bidding applied when purchasing a new tanker truck. As a result, officials did not competitively bid and awarded a contract valued at $564,065 to purchase the tanker truck. In addition, officials did not seek competition by obtaining verbal or written quotes for 14 purchases totaling $82,727, which reduced assurance that purchases were made in the most prudent and economical manner and in the district’s best interest.


Middlesex Fire District – Fiscal Transparency (Yates County)  The treasurer prepared and provided monthly and annual financial reports to the board. However, the treasurer did not prepare and file the district’s annual financial reports with the Office of the State Comptroller (OSC) in a timely manner for fiscal years 2018 through 2024. The treasurer indicated that the former treasurer’s records were disorganized and incomplete and that she did not initially have access to the OSC’s online portal to file the reports.


Town of Marathon – Transparency of Fiscal Activities (Cortland County)  The board did not conduct or provide for an annual audit of the supervisor’s financial records and reports for fiscal year 2024 in accordance with state law. In addition, the supervisor did not prepare and file the 2023 and 2024 annual financial reports with OSC and did not provide the board with complete monthly financial reports. The supervisor also did not properly maintain accounting records, record the dates cash receipts were collected or properly reconcile bank accounts and cash records.


Town of Coventry – Transparency of Fiscal Activities (Chenango County)  The board did not conduct or provide for an annual audit of the supervisor’s financial records and reports for fiscal year 2024 in accordance with state law. In addition, the supervisor did not prepare and file the town’s annual financial reports for fiscal years 2022 through 2024 with OSC and did not provide the board with sufficient financial information to monitor the town’s fiscal activities. Auditors also found that the supervisor did not ensure debit card purchases were approved by the board, review payroll reports or provide the board with monthly budget status reports.

###


Mar 19, 2026

An appeal to the Commissioner of Education pursuant to Education Law §310 is appellate in nature and is not ripe for review by the Commissioner until the decision is final

Petitioner filed an appeal pursuant to Education Law §310 with New York State's Commissioner of Education concerning an action of the Board of Education of a school district [Respondent] involving its filling an administrative position [Coordinator Position] for which the Petitioner had earlier applied and had been interviewed.

In the instant appeal Petitioner alleged Respondent "declined to hire him for the vacant Coordinator Position in retaliation for, among other things, multiple lawsuits he commenced against a member of Respondent’s hiring committee. In addition, Petitioner alleged that Respondent had violated certain provisions of New York State's Constitution, certain provisions of New York State's Civil Service Law, and board policy.

Respondent had posted a job announcement for the Coordinator Position and subsequently reposted the job announcement in which it stated that "previous applicants need not reapply" but was otherwise identical to the previous posting.

Citing Appeal of Frey, 57 Ed Dept Rep, Decision No. 17,308, and other decisions of the Commissioner of Education, the Commissioner said Petitioner's appeal "must be dismissed as premature as the Commissioner will not render an advisory opinion on an issue before it becomes justiciable". 

The Commissioner explained the Commissioner’s jurisdiction under color of Education Law §310 is appellate in nature and an action is not ripe for review by the Commissioner until it is final and results in an actual, concrete injury.

Noting that Respondent’s Policy 9240 requires that an interview committee recommend three or more candidates for second round interviews for administrative positions such as the Coordinator Position and Respondent had reposted the Coordinator Position:

1. In an effort to obtain the requisite number of candidates;

2. At the time Petitioner's  appeal was filled Respondent indicated that “none of the candidates … interviewed at the first-level were rejected; and

3. Petitioner had not submitted a reply or otherwise contested these assertions by the Respondent;

the Commissioner found that Petitioner's appeal must be dismissed as premature.

The Commissioner also observed that to the extent Petitioner suggests that Respondent was required to conduct "a competitive examination of merit and fitness" to fill the Coordinator Position, such examinations are not required for positions such as the Coordinator Position as the duties of the positions involve “the function of administration of teaching” and dismissed Petitioner's appeal.

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


Mar 18, 2026

Challenging a New York State statute alleged to be unconstitutionally vague and overbroad

Executive Law §70-b established the Office of Special Investigation [OSI] within Office of the Attorney General [Respondent] to "investigate and, if warranted, prosecute" any alleged offense by a peace officer or police officer, "whether or not formally on duty", concerning any incident in which the death of a person, "whether in custody or not, is caused by an act or omission of such police officer or peace officer or in which the attorney general determines there is a question as to whether the death was in fact caused by an act or omission of such police officer or peace officer".

An off-duty state trooper was driving his private vehicle when another vehicle crossed over the center line of a highway and struck the trooper's vehicle head on. The trooper and a passenger were seriously injured and the driver of the other vehicle died. This triggered an investigation by OSI* pursuant to Executive Law §70-b.

The Police Benevolent Association of the New York State Troopers, Inc. [PBA], contending that Executive Law "§70-b was unconstitutionally vague and overbroad", brought an action challenging the statute.

Supreme Court granted Respondent's motion to dismiss PBA's complaint "for lack of standing" and PBA appealed the Supreme Court's ruling. In the course of the appeal Respondent conceded that PBA had standing to bring the action and asked the Appellate Division to address the merits of PBA's allegations. The Appellate Division declined Respondent's request and remitted the case to Supreme Court to allow Respondent to serve an answer to PBA's complaint. 

Following remittal and service of Respondent's answer, Supreme Court granted Respondent's motion for summary judgment dismissing the complaint and granted, among other things, a declaratory judgment in Respondent's favor, holding that Executive Law §70-b is not void for vagueness and overbreadth. PBA appealed the Supreme Court's decision.

Addressing PBA's contention that Executive Law §70-b is unconstitutionally vague and overbroad, the Appellate Division, citing White v Cuomo, 38 NY3d 209said "It is well settled that legislative enactments are entitled to a strong presumption of constitutionality, and courts strike them down only as a last unavoidable result after every reasonable mode of reconciliation of the statute with the Constitution has been resorted to, and reconciliation has been found impossible". The Court then noted that "To rebut that presumption, the party attempting to strike down a statute as facially unconstitutional bears the heavy burden of proving beyond a reasonable doubt that the statute is in conflict with the Constitution", explaining that "A statute, or a regulation, is unconstitutionally vague if it fails to provide a person of ordinary intelligence with a reasonable opportunity to know what is prohibited, and it is written in a manner that permits or encourages arbitrary or discriminatory enforcement".

Concluding that PBA "has not met its heavy burden of demonstrating that the statute is unconstitutionally void on its face", the Appellate Division opined that PBA's conclusory assertion that Executive Law §70-b is constitutionally overbroad lacks merit as it does not infringe on any constitutionally protected conduct.

* In a footnote to its decision in the instant matter the Appellate Division observed that after an initial investigation OSI found that the underlying incident involving the death of the driver was not under the jurisdiction of Respondent's office because the death of the driver of the other vehicle was not caused by a police officer.


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

Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, 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.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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