Items selected from blogs posted on the Internet through the week ending April 4, 2025

 

Is There a Robot in Your Future? Recent developments in humanoid robots are grabbing plenty of global attention. Here are some intriguing robot developments and why we all need to pay attention. READ MORE   2 More States Ban DeepSeek From State Devices, Citing Risks Alabama and Oklahoma are the latest states to block AI tools with overseas ties from being used on government devices. Concerns include a lack of security as well as data collection and storage practices. READ MORE Pennsylvania’s GenAI Pilot: Efficiency by the Numbers The Pennsylvania Generative AI Pilot Program report revealed that the technology can save employees time — on average, 95 minutes a day — and simplify tasks, but human nuance remains essential for effective use. READ MORE   With Industry, FedRAMP 20x Looks to Accelerate Cloud Adoption The U.S. General Services Administration’s Federal Risk and Authorization Management Program, known as FedRAMP, will develop and implement a new approach to authorizations to make them easier and cheaper. READ MORE   Report: Privacy-Enhancing Tech Protects Government Data Data plays an essential role in governance, and a new report from the Open Technology Institute illuminates an urgent need for public-sector adoption of technologies that help enable secure use of data. READ MORE Building for the Future: Public Sector Workforce Technology Trends With increasing pressure on public sector leaders, technology is transforming workforce safety, efficiency, and resilience. DOWNLOAD THE REPORT On-demand webinar: Experts break down how to: Automate records management and free up staff time; Cut down on records requests with a self-service portal; Stay compliant—without added complexity Watch now  Reflecting on Detroit's Return as a City of Hope A land of opportunity decades ago, Detroit fell into decline, but its revival is heartening. READ MORE   Hopes for Offshore Wind Are Blowing Away Legal challenges, economic factors and Trump administration policies are all creating problems for commercial wind farms. READ MORE   President Turns Toward Forced Treatment of Homeless Individuals The administration is shifting resources away from Housing First, the long-established approach of getting individuals into supportive housing as the first priority. READ MORE   Texas to Spend Billions Addressing Water Shortage Legislators have made water a priority this session, with the state falling short of ever-increasing demand. Ideas for addressing the problem range from conservation to desalination. READ MORE Streamline operations, free up resources for a safer community Smarter technologies to streamline operations, reduce costs, and free up resources for what matters most. Get your guide. Where Are State DOGE Groups? A Map of Efficiency Initiatives A Government Technology tracker of the evolving landscape of state government efficiency initiatives, distinguishing between those directly inspired by federal DOGE directives and independent programs. READ MORE   What the FedRAMP Updates Mean for States and Localities   Security experts are currently tuned in to FedRAMP program changes and the potential impact on the way businesses work with government agencies. Some outcomes from its emerging 20x initiative will likely take time to become clear. READ MORE   Boulder City, County Use Tech to Bring Aid to Coloradans In separate endeavors with the technology company AidKit, Boulder County and the city of Boulder are simplifying how they deliver financial relief to residents, child-care providers and nonprofits. READ MORE   Report: Local Governments Face Stiff Obstacles on Web Access As DOGE-driven cuts target services for people with disabilities, a new report finds that local government officials have bought into the concept of more accessibility. Even so, those officials see significant hurdles. READ MORE   Opinion: AI Laws Should Empower Innovation, Not Stifle It The Virginia governor's veto of a measure that would have regulated artificial intelligence, and the revision of an AI governance bill in Texas, signal a potentially noteworthy juncture in the creation of such policy. READ MORE  What's Behind the Push to Revive Nuclear Power? Increasing demand for power is leading lawmakers to promote an energy source that's languished for decades. READ MORE

New York States' Freedom of Information Law does not require the creation of records not in existence or not in the possession of the entity

The New York City Department of Citywide Administrative Services [DCA] denied Petitioners' FOIL requests for records pursuant to New York State's Freedom of Information Law, Public Officers Law §§84-90, seeking "[a] list containing the name, race, gender, current salary, current job title, city start date, salary on city start date, [and] title start date, of all employees of" several City agencies over a period of 10 years. Petitioners appealed DCAS' decision.

Supreme Court directed DCAS to produce certain records Petitioners had demanded of that entity. Supreme Court also denied a motion submitted by the Respondent Fire Department of the City of New York [FDNY] involving certain records Petitioners sought from FDNY.

 The Appellate Division "unanimously modified, on the law" with respect to the extent of the court's Supreme Court's denying the petition with respect to the FOIL requests Petitioners had submitted to DCAS. The Appellate Division sustained DCAS's denial of Petitioner's FOIL requests and, citing Matter of Oustatcher v Clark, 217 AD3d 478, opined that DCAS's rejection of the Petitioners' FOIL request was not "affected by an error of law".

Observing that Supreme Court had improperly ordered DCAS to produce information possessed by a different agency, the Financial Information Systems Agency [FISA], the Appellate Division explained that FOIL does not require an agency "to prepare any record not possessed or maintained by" that agency and DCAS's witness had given unrebutted testimony that several of the eight categories of requested information were maintained in a separate database by FISA, not DCAS. Thus, said the court, DCAS was "under no obligation" to provide the information held be FISA and Supreme Court improperly required DCAS to undergo a process that would constitute the creation of a new record. 

Addressing another aspect of Petitioners'  FOIL request, the Appellate Division observed that Petitioners had also sought FDNY "... records[] pertaining to cases initiated by the Bureau of Investigations and Trials ('BIT[S]')" . . . , including . . . details of all BIT[S] cases initiated against members of the FDNY, with a breakdown of each case identified by: [c]ase number; [b]ureau . . . ; [i]nfractions charged; [r]ace of charged party; [g]ender of charged party; [d]isposition of the case; and [d]iscipline imposed on charged party.".

The Appellate Division said Supreme Court "properly concluded that compliance with this aspect of the demand set out in Petitioners' FOIL request would constitute the "creation of a new record" as FDNY's witness gave unrebutted testimony that the database containing BITS case records does not contain race and gender information and to match BITS information with employees' races and genders contained in an independent database would entail much more than a simple manipulation of computers to transfer existing records.

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

Applying for accidental disability retirement benefits

 The Petitioner, a police officer, applied for accidental disability retirement benefits. His application was denied by the New York State Employees' Retirement System. Following a hearing, a Hearing Officer sustained the System's denial of Petitioner's application, finding that the underlying incident and injuries sustained by Petitioner arose from risks inherent in the performance of his duties as a police officer and, thus, did not constitute an accident for purposes of accidental disability retirement. 

The Executive Deputy Comptroller adopted the Hearing Officer's decision and Petitioner initiated a CPLR Article 78 proceeding challenging the Executive Deputy Comptroller's decision. The Appellate Division affirmed the Executive Deputy Comptroller's determination, opining:

1. As the applicant, Petitioner bore the burden of establishing that his disability was the result of an accident within the meaning of the Retirement and Social Security Law;

2. The Executive Deputy Commissioner's determination that Petioner's disability was not the result of an accident will be upheld if supported by substantial evidence in the record as a whole;

3. An event which is a risk inherent in the work performed is not an accident for purposes of [accidental disability retirement] benefits"; and, 

4. An event that is not a risk inherent in one's job must be a sudden, unexpected occurrence in order to amount to an accident.

 As the Court of Appeals explained, "a precipitating event that could or should have reasonably been anticipated by a person in [petitioner's] circumstances is not an accident for purposes of [accidental disability retirement] benefits". Thus, "an injury which occurs without an unexpected event as the result of activity undertaken in the performance of ordinary employment duties, considered in view of the particular employment in question, is not an accidental injury".*

Consequently, "where the injury-causing event constitutes a risk inherent in a police officer's duties, it is not unexpected and, thus, not an accident" Petitioner's application was denied upon a finding that the incident did not constitute an accident within the meaning of Retirement and Social Security Law §363. 

* See 2024 NY Slip Op 06234

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

Providing an accommodation of a disability not strictly necessary for an employee’s performance of essential job functions may still be reasonable

Plaintiff, a teacher, appealed a decision by the United States District Court, Northern District of New York, granting a Central School District's [CSD] motion for summary judgment dismissing Plaintiff's claim that the CSD had violated the Americans with Disabilities Act [ADA] when it failed to provide her with a reasonable accommodation for her disability. 

Plaintiff conceded that "notwithstanding her disability-related pain", she was able to perform the essential functions of her job “regardless of the alleged denial of her accommodation” by CSD. Accordingly, the federal district court held that she failed to satisfy her burden of proving that she was entitled to a reasonable accommodation within the meaning of ADA.

Such a ruling, said the United States Circuit Court, Second Circuit, was error, noting "A straightforward reading of the ADA confirms that an employee may qualify for a reasonable accommodation even if she can perform the essential functions of her job without the accommodation". Further, opined the Court, "an ability to perform the essential functions of the job is relevant to a failure-to accommodate claim, but it is not dispositive". 

The Circuit Court's decision noted that Plaintiff had worked for CSD for approximately 20 years and has suffered "for decades from post-traumatic stress disorder" [PTSD] related to sexual harassment and sexual assault by a supervisor in her former workplace and her PTSD symptoms "affected her neurological functioning, interfered with her ability to perform daily tasks, induced a stutter that impedes communication, and caused nightmares so severe she has awakened vomiting." 

Following a change in school administration, CSD began prohibiting teachers from leaving school grounds during preparation periods. When Plaintiff attempted to do so despite the new policy, she was reprimanded for insubordination and was told that "the documentation [Plaintiff] had on file was insufficient to establish her right to a reasonable accommodation". 

Rather than provide additional documentation, Plaintiff took paid sick leave and then requested leave pursuant to the Family and Medical Leave Act [FMLA].  Upon Plaintiff's return from FMLA leave, CSD granted her one of her requested breaks in the morning, plus a break in the afternoon on days when a school librarian could watch her students but when a librarian was unavailable, Plaintiff was unable to take an afternoon break. 

Viewing the evidence in the light most favorable to Plaintiff, the Circuit Court's decision noted that Plaintiff had "used breaks to compose herself away from the workplace", an environment that tended to trigger her symptoms. 

The Circuit Court of Appeals concluded that the District Court erred by holding that an employee’s ability to perform the essential functions of her job without a reasonable accommodation is fatal to her failure-to-accommodate claim. Vacating the lower court's judgment, the Circuit Court remanded the matter to the District Court "for further proceedings" consistent with its opinion. 

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

Counsel fees to a Claimant's attorney paid from a reimbursement made to the employer by the NYS Workers' Compensation Board

Claimant's application for Workers' Compensation benefits was not controverted by Claimant's employer or the employer's Workers' Compensation Insurance carrier and the Employer continued to pay Claimant's wages, initially as leave at full pay and subsequently as sick leave at half pay. 

Claimant returned to work and Claimant's attorney filed an application for counsel fees. The employer and the employer's Workers' Compensation carrier [jointly "Carrier"] filed an application for reimbursement for the wages that it had paid to Claimant as sick leave at full pay and as sick leave at half pay.

A Workers' Compensation Law Judge [WCLJ] granted awards for a temporary total disability for specified periods of time as a credit to the employer and the balance payable to Claimant. In a subsequent decision, the WCLJ approved counsel fees of $7,222.00 to Claimant's counsel, with $6,727 of that amount as a lien against the reimbursement award to the employer and the remaining $495 to be paid out of the money payable to Claimant.

The Carrier sought administrative review by the WCB, contending the WCLJ improperly approved counsel fees for Claimant's counsel as a lien on the amount of reimbursement awarded to the employer because there was no increase in the amount previously awarded or paid as is required under Workers' Compensation Law §24(2)(b). The WCB affirmed the WCLJ's decision, explaining because the WCLJ made an initial award that had increased the amount of compensation awarded and/or paid previously, it was proper under Workers' Compensation Law §24(2)(b) to award counsel fees in the amount of 15% of that award, "regardless of whether the awards were made as employer reimbursement." The Carrier appealed the WCB's ruling.

The Appellate Division affirmed the WCB's decision, explaining that Workers' Compensation Law §24, as relevant here, "governs the amount and manner in which attorneys and licensed representatives receive compensation for their representation of claimants." 

Noting that the law sets out, among other things, "a schedule for the amount of counsel fees based upon the type of benefits awarded to a claimant", the Appellate Division's decision, in particular, noted that the law provides that "[w]hen an award is made that increases the amount of compensation awarded or paid for a previous period or periods of temporary total or temporary partial disability, the [counsel] fee shall be fifteen percent of the increased compensation" and that such fees, when approved by the Board, "become a lien upon the compensation awarded . . . and . . . shall be paid therefrom only in the manner fixed by the [B]oard".

Further, the Appellate Division held that the WCB "did not abuse its discretion by directing that the counsel fees be made payable against the carrier's lien for reimbursement", citing §24[4].

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