Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.
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.
A school district [District] challenged an arbitration decision which reversed its reassignment of one of its teachers [Teacher] represented by the Teachers' Association from a second grade class to a Kindergarten class. Ultimately, the arbitrator determined that District did not properly weigh the factors for reassignment, sustained the grievance and directed District to reassign Teacher back to a second grade class.
District subsequently commenced this proceeding seeking to vacate the arbitration award pursuant to CPLR 7511 (b) (1) (iii), contending that the arbitrator's decision was irrational and that he had exceeded his powers. Supreme Court, deciding the District had not satisfied its burden of proof to demonstrate grounds for revocation of the award, denied the petition. District appealed.
Noting that "Judicial review of arbitral awards is extremely limited" and a court may vacate an award "when it violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on an arbitrator's power," the Appellate Division opined that "courts may not vacate an award based on their disagreement with the reasoning or outcome, even if the arbitrator made errors of law or fact".
Citing Matter of Douglas Elliman of LI, LLC v O'Callaghan, 220 AD3d 945 and noting that "an award is irrational if there is no proof whatever to justify the award", said that the party "seeking to overturn an arbitration award bears a heavy burden and must establish a ground for vacatur by clear and convincing evidence".
As stipulated by the parties, the issue for the arbitrator to decide was whether District had violated the relevant provision of the Collective Bargaining Agreement [CBA] when it reassigned Teacher to a kindergarten class.
The court's decision noted that the relevant provision set out in the CBA provides that the following principles shall be applied in the reassignment or transfer of teachers:
(a) the educational welfare of the child;
(b) the convenience and wishes of the teacher applicant;
(c) individual qualifications;
(d) instructional requirements;
(e) staff availability;
(f) the special needs of the school;
(g) the recommendations of the principal; and
(h) where the foregoing factors are substantially equal in the opinion of the superintendent, preferences in assignments or transfer shall be given to "the incumbent applicant with the greater number of years of service" in the school district.
In the words of the Appellate Division, the arbitrator ultimately found that, "[u]pon review of the record in this case, . . . it is clear that in making his decision to involuntarily transfer [Teacher] from second grade to kindergarten, [the principal's] attention was focused solely on criterion (a), the educational welfare of the child, and (g) the recommendation of the [p]rincipal."
In reaching this determination, the arbitrator also found that, when deciding whether to reassign Teacher to kindergarten, the principles of (b), the convenience and wishes of the teacher, (c), individual qualifications, (d), instructional requirements and (e), staff availability, were "lacking".
The court said it disagree with District that the arbitrator's decision was irrational because he based his decision on events that occurred subsequent to the decision to reassign Teacher for the 2021-2022 school year, explaining even if [the court] were to find that the arbitrator's consideration of subsequent events was erroneous, "it would not justify vacating the award" as the arbitrator's consideration of events subsequent to the superintendent's decision primarily affected the analysis as to the principles of (d), instructional requirements and (e), staff availability.
Further, the court said the arbitrator's determination that the principles of (b), the convenience and wishes of the teacher and (c), individual qualifications had not been sufficiently considered was based largely on circumstances known to the principal at the time of his decision and thus District had not demonstrated that "there was no proof whatever to justify the award so as to render it entirely irrational".
Accordingly, the Appellate Division concluded that Supreme Court properly determined that District failed to meet its burden of proof in demonstrating that the award was irrational and thus exceeded the arbitrator's authority.
Click HERE to access the Appellate Division's decision posted on the Internet.
The New York State Court of Appeals held that the City of New York is required to pay up to the statutory cap for any health insurance plan it offers to its employees and retirees.
The Court did not reach the question of how the statutory cap should be determined, explaining that "the City has not demonstrated that the question was preserved, and its answer depends on 'further evidence' not presented on the record below."
The full text of the decision of the Court is set out below.
| Matter of NYC Org. of Pub. Serv. Retirees, Inc. v Campion |
| 2024 NY Slip Op 06291 |
| Decided on December 17, 2024 |
| Court of Appeals |
| Wilson, Ch. J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Richard Dearing, for appellants.
Jacob S. Gardener, for respondents.
New York City Municipal Labor Committee, Donald Berwick, New York City Correction Captains Association et al., Physicians for a National Health Program-New York Metro,
The Public Sector HealthCare Roundtable, amici curiae.
At issue on this appeal are the portions of Administrative Code of the City of New York § 12-126 requiring New York City ("City") to pay, for active employees, retirees and their dependents, "the entire cost of health insurance coverage," defined as "[a] program of hospital-surgical-medical benefits," in an amount "not to exceed one hundred percent of the full cost of H.I.P.-H.M.O. on a category basis." The statute requires that the City's program includes "hospital[,] surgical [and] medical benefits." The statute also requires the City to pay the full cost of the program, so long as that cost does not exceed the comparator in the statute. The question in this case is what section 12-126 requires the City to do when it offers more than one health insurance plan to employees and retirees. Petitioners argue that section 12-126 requires the City to pay, up to the statutory cap, for any plan it offers. The City contends that its section 12-126 obligation is satisfied if it pays up to the cap for one health insurance plan providing hospital, surgical and medical benefits. It argues that it may offer additional plans but has no statutory obligation to pay any portion of their cost, and explains that when it has paid for additional plans in the past, it has done so because it agreed to in collective bargaining, not because it was statutorily required to do so. The parties also disagree as to which health insurance plan sets the statutory cap for Medicare-eligible retirees.
We hold that section 12-126 requires the City to pay up to the statutory cap for any plan it offers to employees and retirees. We do not reach the question of how the statutory cap should be determined because the City has not demonstrated that the question was preserved, and its answer depends on "further evidence" not presented on the record below.
New York City provides health insurance coverage to active employees and retirees. Many of the City's retirees are 65 and over and therefore eligible for Medicare. Because Medicare covers a large share of an individual's health insurance costs, the health insurance plans available to Medicare-eligible individuals require enrollment in Medicare. The plans offered to such persons may be either Medigap or Medicare Advantage plans. Medigap plans supplement regular Medicare by insuring costs that Medicare does not cover. Under a Medigap plan, the retiree is covered by Medicare and by a supplemental private insurance plan. Medicare Advantage plans, in contrast, replace the federal government with a private insurer as the primary provider of health insurance. The insurance company receives subsidies from the federal government to pay for the costs of healthcare.
This case arises out of the City's plan to discontinue payment for any portion of the premiums for Senior Care, a Medigap plan which petitioners are enrolled in and wish to keep. Historically, the options offered to Medicare-eligible City retirees included two plans: the HIP VIP Premier (HMO) plan ("HIP VIP") and Senior Care. Until 2021, the City paid the full cost of premiums for both. If a retiree selected a plan that was more expensive than Senior Care, the City would pay the premium up to the cost of Senior Care, and the retiree would be responsible for the remaining cost. As of 2021, the majority of City retirees (approximately 200,000 out of 250,000) were enrolled in Senior Care.
In July 2021, the City and the Municipal Labor Committee (MLC)—an association of unions that bargains, on behalf of its constituent unions, with the City on Citywide health benefits—agreed to change the health insurance benefits offered to Medicare-eligible retirees. Under the plan, retirees enrolled in Senior Care would be automatically enrolled in a new NYC Medicare Advantage Plus Plan (MAPP) unless they opted out by October 31, 2021. The City would continue to offer Senior Care as an option for Medicare-eligible retirees but would no longer cover any portion of its premiums. The City argues that the changes would reduce its healthcare costs.
Petitioners are Medicare-eligible retirees and a new organization created to represent them. In September 2021, they brought a CPLR Article 78 proceeding seeking to block the City's transition to MAPP. Petitioners moved for a preliminary injunction. The City opposed the motion and cross-moved to dismiss the petition. On October 21, 2021, Supreme Court preliminarily enjoined the City from enforcing the October 31, 2021, opt-out date. On December 14, 2021, Supreme Court extended the preliminary injunction to April 1, 2022.
On January 31, 2022, petitioners moved for "summary judgment."[FN1] That motion responded to the arguments raised by the City in its cross-motion to dismiss. The next day, the City sent a letter to the court asserting its "strong desire for a determinative ruling as soon as possible in an effort to proceed with the Medicare Advantage Plus Plan as scheduled." On February 4, 2022, the City responded to petitioners' motion. On February 28, 2022, the court held a hearing on the merits of the petition.
By letter dated March 2, 2022, the City raised a new argument, asserting that the City is not statutorily required to pay Senior Care's premiums because the statutory cap is lower than the cost of Senior Care. The City's letter asserted that the statutory cap for Medicare-eligible retirees "would not be the one for the active employee HIP-HMO plan, as Petitioners argue, but the retiree HIP-HMO plan called HIP-VIP (HMO)." Petitioners responded by letter the next day, objecting to the City's argument on timeliness grounds and on the merits.
That same day, Supreme Court denied the City's motion to dismiss and granted the petition in part (see 2022 NY Slip Op 30657[U] [Sup Ct, NY County 2022]). The court permanently enjoined the City "from passing along any costs of the New York City retirees' current plan to the retiree or to any of their dependents, except where such plan rises above the H.I.P.-H.M.O. threshold" (id. at *4). With respect to the statutory cap, the court wrote that it was "the Court's understanding that the threshold is not crossed by the cost of [Senior Care]," though the court's opinion did not identify how the relevant cap was determined, what dollar amount it represented, or what the cost of Senior Care was (id. at *3).
The Appellate Division affirmed the judgment insofar as appealed from by the City. The Court agreed that Administrative Code § 12-126 (b) (1) requires the City to pay the full cost, up to the statutory cap, of any health insurance plan it offers to retirees (210 AD3d 559, 560 [1st Dept 2022]). The Appellate Division held that the question of which plan sets the "statutory cap" was "improperly raised for the first time on appeal" and involved factual issues such as the interpretation of "on a category basis" and the cost of HIP VIP (id.).
We granted respondents leave to appeal (39 NY3d 915 [2023]), and now hold that the Appellate Division correctly determined the City must pay the full cost, up to the statutory cap, of any plan it offers. We therefore affirm.
Administrative Code § 12-126 (b) (1) constrains the City's collective bargaining over health insurance (cf. Matter of City of Watertown v State of N.Y. Pub. Empl. Relations Bd., 95 NY2d 73, 79 [2000] ["(B)argaining is mandatory even for a subject 'treated by statute' unless the statute 'clearly preempt[s] the entire subject matter' or the demand to bargain 'diminish[es] or merely restate[s] the statutory benefits'"]). Section 12-126 (b) (1) provides: "The city will pay the entire cost of health insurance coverage for city employees, city retirees, and their dependents, not to exceed one hundred percent of the full cost of H.I.P.-H.M.O. on a category basis." The term "health insurance coverage" is defined in section 12-126 (a) (iv) as "[a] program of hospital-surgical-medical benefits to be provided by health and hospitalization insurance contracts entered into between the city and companies providing such health and hospitalization insurance." The question in this case is whether the City is statutorily required to pay up to the statutory cap for every plan it offers retirees, or whether section 12-126 is satisfied if the City offers one subsidized plan for hospital-surgical-medical benefits and others for which it does not pay at all.
"In matters of statutory interpretation, our primary consideration is to discern and give effect to the Legislature's intention" (Matter of Albany Law School v New York State Off. of Mental Retardation & Dev. Disabilities, 19 NY3d 106, 120 [2012]). Where the text is ambiguous, "we inquire into the spirit and purpose of the legislation by examining the statutory context of the provision as well as its legislative history" (Simmons v Trans Express Inc., 37 NY3d 107, 113 [2021] [internal quotation marks omitted]).
Here, the statutory text is ambiguous. In favor of petitioners' interpretation, "a program of" medical benefits is different from "a plan of" medical benefits. That reading aligns with the City's longstanding practice of offering multiple health insurance plans as part of a program that included options. Additionally, the City refers to the array of health benefits it offers as the "New York City Health Benefits Program," further supporting the idea that "program" refers to all plans offered by the City. Moreover, paragraph (iv) specifies that this program of medical benefits is to be provided by "insurance contracts" between the City and health insurance "companies." The use of the plural for these terms could be read to suggest that "program" would include multiple plans offered by several companies.
In favor of the City's interpretation, the term "program" could also be read refer to the collection of benefits—i.e., hospital-surgical-medical benefits—under a single health insurance plan; not to a variety of insurance plans offered by the City. The use of the plural "contracts" might merely allow the City to obtain one type of benefit (e.g., medical) from one provider and another type of benefit (e.g., surgical) from a different provider. The City's interpretation is somewhat supported by subdivision (b) (2) (iii), which states that when an employee "dies and is enrolled in a health insurance plan, the surviving spouse shall be afforded the right to such health insurance coverage" (Administrative Code § 12-126 [b] [2] [iii]). Reading "health insurance coverage" in that context to include a program of whatever the City offered to all employees appears inconsistent with the use of "such," which evidences an intent to limit the surviving spouse to the plan the decedent had. Similarly, the statutory scheme refers to "health insurance coverage" predicated on Medicare enrollment (see id. § 12-126 [b] [1], [2] [i]-[iv]), which would not cohere for similar reasons if the Court adopted petitioners' interpretation of "program."
Given the lack of clarity in the statutory language, we turn to the legislative history. That history better supports the view that when enacting section 12-126, the City Council and the Mayor intended to require the City to pay, up to the cap, for any plans it offered as part of its health insurance program. That reading is consistent with the Council's contemporaneous use of "program" to refer to the City's "program" of health insurance plans. It is also consistent with the many references to employee and retiree choice in the state-law amendments and City Council resolutions that preceded section 12-126.
The legislative history of section 12-126 began in early 1965, when the City entered into a collective bargaining agreement with the Patrolmen's Benevolent Association, the Uniformed Firemen's Association, the Correction Officers' Benevolent Association and the Transit Policemen's Benevolent Association. The City agreed to offer employees a choice among three private health insurance plans and to pay the full cost of each "not to exceed 100 per cent of the full cost of HIP-Blue Cross (21-day plan) on a category basis." On February 11, 1965, the Board of Estimate (Board) adopted a resolution authorizing the City to enter into contracts with the relevant private insurers (2 Journal of Proceedings of the Board of Estimate of City of New York, from Jan. 29, 1965, to Mar. 11, 1965, at 1123 [Cal. No. 155, Feb. 11, 1965]). Resolution 155's language capping the City's required expenditures at the cost of HIP-Blue Cross (21-day plan) was later incorporated into section 12-126.
But there was one problem: Resolution 155 was unlawful. State law forbade the City from providing health care insurance through contracts with private insurers, and also forbade the City from paying more than 50% of the cost of employee and retiree health insurance. Unlike other municipalities and the State itself, the City could enter into health insurance contracts only with non-profit insurance carriers and could pay only up to 50% of employee/retiree costs. Seeking to make its agreement legal, the City passed a home rule request asking the state legislature to amend the General Municipal Law and General City Law. In July 1965, the State granted the City the authority to (1) contract with private insurance carriers to provide employee and retiree health insurance, and (2) pay up to the full cost of that insurance (see L 1965, ch 782; see General City Law § 20 [29], [29-a]). The amendments were enacted in July 1965 but applied retroactively to authorize contracts entered into beginning on January 1, 1965 (see L 1965, ch 782, § 5).
The Mayor's office described the state-level amendments as a way to broaden the health insurance choices available to New York City employees and retirees. In New York City's memorandum in support of the 1965 amendments, Assistant to the Mayor Paul E. Bragdon wrote that the bill "would be of great benefit to all persons employed by cities and other municipalities because it expands the range of available health insurance coverage for such employees and their families" (Mem of City of NY in Support, L. 1965, ch. 782, at 3 [emphasis added]). In another memorandum, he explained: "The choice of coverage which could be offered under these amended statutes would permit each employee to obtain the form of insurance most advantageous to himself in the light of his personal circumstances" (Revised Mem of City of NY in Support, Bill Jacket, L. 1965, ch. 782, at 18). The Mayor's office asserted that the "primary thrust" of the bill was to allow the city to "institute a choice of health insurance plan" like that previously negotiated for certain City employees (id. at 17).
Resolution 155 did, in fact, provide retirees and active employees with a choice of health insurance plans. The Resolution itself explained that the City intended to give certain employees "a choice among several hospital-surgical-medical insurance plans." In December 1965, the Board of Estimate extended Resolution 155's choice of plans to all City employees and retirees through Resolution 292, explaining: "It is the desire and intent of the City to grant to all its employees . . . a choice of health plans consisting of H.I.P.-Blue Cross, G.H.I.-Blue Cross and Blue Cross-Blue Shield-Major Medical." (Cumulative Annual Index to the Journal of Proceedings of Board of Estimate of City of New York, from Jan. 1 to Dec. 31, 1965, at 8557 [Cal. No. 292, Dec. 16, 1965]).
In 1967, the City Council codified the Board's resolutions. The Council's first attempt to do so would have required the City to "provide and pay for the entire cost of any basic health insurance plan providing for medical and hospitalization coverage" (Council of City of NY Intro No. 430-1967 [emphasis added]). The proposal did not define the phrase "basic health insurance plan," nor did it incorporate any cap on the City's financial obligations.
On September 12, 1967, the Mayor vetoed the proposal, which he said would subject the City to unpredictable financial burdens. He explained that "[t]he phrase 'basic health insurance plan' is nowhere defined, except to say that it does include, but is not limited to, Title XVIII benefits. Thus, the City would be bound to an open-ended obligation to pay for coverages which it cannot now possibly anticipate" (2 Proceedings of the Council of the City of New York from July to December 19, 1967, at 75 [M-389, Sept. 12, 1967]). In response, the City Council enacted Local Law 120 (1967) of City of New York, which added the definition of "health insurance coverage" found in Administrative Code § 12-126 (a) (iv): "[a] program of hospital-surgical-medical benefits to be provided by health and hospitalization insurance contracts entered into between the city and companies providing such health and hospitalization insurance " (see Council of City of NY Intro No. 474-1967). Local Law 120 also incorporated the "statutory cap" from the Board's resolutions, requiring the City to pay only up to "the full cost of HIP-Blue Cross (21-day plan) on a category basis."[FN2]
In context, Local Law 120's definition of "health insurance coverage" sought to control the City's potential expenditures by limiting retirees to the program of plans offered by the City. Whereas the previous iteration of the law might have required the City to pay the cost of any insurance plan a retiree selected, Local Law 120 requires the City to pay only for the "program" of insurance plans offered by the City. Equally important, Local Law 120 limited the City's exposure by capping its legal obligation at the "full cost of HIP-Blue Cross (21-day plan) on a category basis," thus providing a financial exposure limit that addressed the Mayor's principal concern.
Reading the definition of "health insurance coverage" to extend to the full array of health insurance plans offered by the City also aligns with contemporaneous use of the word "program." Resolution 292, for example, referred to the City's "health insurance program," which at the time consisted of three plans (Cumulative Annual Index to the Journal of Proceedings of Board of Estimate of City of New York, from Jan. 1 to Dec. 31, 1965, at 8561 [Cal. No. 292, Dec. 16, 1965]). Specifically, the Resolution directed the Director of Personnel "to study the effect of the Medicare program on the City's health insurance program and to report to the Board of Estimate . . . his recommendations concerning any adjustments or revisions in the City's program" (id.). Moreover, a 1965 report on behalf of the Mayor requesting funding for the "implementation of choice of health insurance plans" authorized in the Board's resolutions described the array of plans offered by the City as a "program":
"In order to provide a choice of health insurance plans for employees not previously eligible for this program as of January 1, 1966, and to cover the cost of providing such choice to employees . . . it is necessary to provide funds for the implementation of said program" (10 Journal of Proceedings of the Board of Estimate of the City of New York from Nov. 19, 1965, to Dec. 31, 1965, at 8249 [Cal. No. 5, Dec. 16, 1965]).
We are asked to resolve what requirements section 12-126 (b) (1) imposes upon the City. We conclude that the City must pay—up to the statutory cap—for each health insurance plan that it offers employees and retirees.
We are also asked to resolve whether Medicare eligibility is a "category" under section 12-126's "statutory cap." The City has not demonstrated that this question is preserved for our review.
The City first raised the argument that HIP VIP sets the statutory cap for Medicare-eligible retirees in a post-hearing letter to Supreme Court, weeks after it had requested a final determination of the petition "as soon as possible," and on the literal eve of Supreme Court's decision. The record does not establish that Supreme Court was even aware of the parties' submissions when it issued its final determination. The court's decision does not expressly reference the letter or address petitioners' objection to its belated submission. The decision is most clearly read to hold that, on the motion before it, the court did not need to determine what the statutory cap was, because of the court's "understanding" that the cost of Senior Care was below the statutory cap however it was determined—a conclusion Supreme Court could have drawn based on the undisputed facts at the time of the hearing. We thus cannot conclude that Supreme Court considered the issue raised in the letters as timely or in any way ruled on the issue in its decision.
The order of the Appellate Division should be affirmed, with costs.
Order affirmed, with costs. Opinion by Chief Judge Wilson. Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.
Decided December 17, 2024
The New York State and Local Retirement System [NYSLRS] office in New York City has reopened for in-person consultations.
If you’re a NYSLRS member nearing retirement or need help filing for a disability retirement, you can make an appointment to review your benefits and get answers to any questions you may have.
Appointments are also available by phone and at our offices in Albany, Buffalo and Hauppauge. Click Read More... for additional information.
In this appeal the Court of Appeals sustained the judgment
of the Appellate Division holding that "Substantial evidence supports the [
Petitioner, a former police officer, was injured when, on routine patrol. Petitioner testified that the hole had been dug for a sewer line on the property involved and that he knew at the time that the house was under construction. The Retirement System had denied Petitioner's application for ADR on the ground that the incident was not an "accident" within the meaning of Retirement and Social Security Law §363 because it "resulted from a risk inherent in petitioner's job".
In the words of the Court of Appeals, "in determining whether an accident occurred, [NYSLRS] considered the duties of Petitioner's particular employment", and whether the incident was caused by "an inherent risk of [those] regular duties".
On this record the Court of Appeals said it concluded that NYSLRS "reasonabl[y] and plausibl[y]" determined that Petitioner's risk of being injured by an unseen hazard while investigating a potential crime in the dark "was inherent in his ordinary job duties" and affirmed the Appellate Division's judgment sustaining NYSLRS' determination.
Click HERE to access the Court of Appeals' decision posted on the Internet.
In 1957, the
In 2020, the
In 2021, the Plaintiff, as successor in interest to Boy Scouts, commenced an action for a judgment declaring that NRCSD's plan to install the solar panels violated the deed because it was inconsistent with the provision mandating that [1] the property be used for school purposes, and [2] requiring the School District to sell the property to the Plaintiff for the price of $1,000 per acre. The complaint also sought monetary damages based on the same alleged violation of the deed.
NRCSD moved, pursuant to CPLR 3211(a), to dismiss Plaintiff's complaint. Supreme Court, among other things, granted NRCSD motion to dismiss Plaintiff's complaint and Plaintiff appealed the Supreme Court's ruling.
The Appellate Division affirmed Supreme Court's decision, explaining:
1. "On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the court must accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory";
2. "Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), and the motion is not converted into one for summary judgment, the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one and, unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate"; and
3. "[U]pon a motion to dismiss for failure to state a cause of action, a court may reach the merits of a properly pleaded cause of action for a declaratory judgment where no questions of fact are presented [by the controversy]. Under such circumstances, the motion to dismiss the cause of action for failure to state a cause of action should be treated as one seeking a declaration in [the] defendant's favor and treated accordingly".
Here, opined the Appellate Division, Supreme Court properly determined that NRCSD was entitled to a judgment declaring that its proposed use of the property does not violate the deed, and properly granted that branch of NRCSD's motion to dismiss so much of the complaint as sought monetary damages. NRCSD, said the court, "is authorized to provide, among other things, "fuel ... and other necessaries for the use of said schools", citing Education Law §1709[14], and demonstrated that "it planned to install solar panels in accordance with the 'K-Solar' program to generate energy for school purposes".
Accordingly, the Appellate Division ruled that Supreme Court had "properly determined that no issue of fact regarding the use of the property for school purposes was presented" and remitted the matter to the Supreme Court for entry of a judgment declaring that NRCSD's proposed use of the property does not violate a condition in the deed requiring that the property be used for school purposes.
Click HERE to access the Appellate Division's decision posted on the Internet.
Supreme Court denied Plaintiff's petition seeking to annul the determination of the Metropolitan Transportation Authority [MTA] and the MTA Defined Benefit Pension Plan [MTADBPP] placing Plaintiff in Tier 6 in the MTACBPP. The Appellate Division unanimously affirmed the Supreme Court's decision, without costs.
MTA had denied Plaintiff, an officer with the MTA Police Department, pension credit for his prior nonuniformed service as a traffic enforcement agent with the New York City Police Department [NYPD].
Citing Matter of Peckham v Calogero, 12 NY3d 424, the Appellate Division found that MTA's decision had a "rational basis", noting that letters from the New York City Police Pension Fund [NYCPPF] show that Plaintiff became a member of the NYCPPF when he joined the NYPD as a uniformed police officer on January 9, 2013 and the MTADBPP plan classifies members who joined MTADBPP on or after April 1, 2012, as Tier 6.
The Appellate Division opined that the MTADBPP reasonably interpreted the provision in issue to include Plaintiff's service as a uniformed officer but exclude his nonuniformed service as a traffic enforcement agent with NYPD.
Noting that NYPD had credited Plaintiff's nonuniformed service and granted him Tier 2 status in the NYCPPF, the Appellate Division observed that Plaintiff cited no statute or provision of the MTADBPP "requiring MTA to do the same".
Further, explained the court, Retirement and Social Security Law §645 does not apply in this instance because MYADBPP is not among the enumerated "public retirement system[s]" between which the statute authorizes the cross-honoring of a member's membership starting date.
Click HERE to
access the Appellate Division's decision posted on the Internet.
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Florida
Delays Expansion of Children’s Health Insurance Until Trump Term The Biden
administration approved the state’s own plan to offer coverage to 42,000
families. But Gov. Ron DeSantis is worried about its requirement to offer
coverage for a full year. READ
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From
Europe to South Africa: Where Is the World on Cyber Defense? As we wrap up
2024, two new reports suggest that
GM Puts the Brakes on Cruise, Turns to Autonomous Tech After a year of trying to refocus and relaunch the robotaxi program following an October 2023 pedestrian crash, the automaker will instead shutter Cruise. GM will pivot to focus on delivering autonomous tech in personal vehicles. READ MORE
Government Must
Be Willing to Reimagine Says San Jose Mayor Matt
Mahan, mayor of
Government
Wrapping Up Its Corruption Case Against Former Illinois Speaker Prosecutors allege that Mike Madigan, the
former Democratic speaker, and associates directed companies to provide
campaign contributions and no-show jobs to allies. The defense will begin its
presentation at trial next week. READ
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Have
Weather Events Cost Your Jurisdiction? Local governments and the business
communities they serve should be close allies in the fight against severe
weather. DOWNLOAD
PAPER
How
AI, Security, Inclusion Redefined Government in 2024 In a pivotal year, governments enacted AI
laws, strengthened defenses, bridged the broadband gap, and prioritized
accessible, user-friendly digital services. As 2025 nears, most jurisdictions
still lack fully mature AI frameworks. READ
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How
Award-Winning Governments Are Using AI In our guide, see how agencies are
using AI to improve service for both residents and internal teams. Plus: AI
pitfalls to watch for. Get
Your Copy
How
Birmingham, Ala., Used Tech to Support Youngest Learners Mayor Randall Woodfin writes about how
collaboration between cities helped shape the Birmingham Talks program, which
was inspired by work in other cities that used tech to help children with
language. READ
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How
Governments and Businesses Can Team Up for Weather Resilience Find out how
to kickstart collaboration, break down information silos, and pool resources to
boost resilience and keep everyone safe when storms strike. DOWNLOAD
How
Massachusetts Went 'All In' on Cloud Modernization The Massachusetts
Executive Office of Education (EOE) needed to modernize more than 130
applications in order to track students' educational journeys. This case study
covers how EOE handled its monumental cloud transition, the cost savings it
realized through the project and lessons learned that other government
organizations can follow. DOWNLOAD
How
New AI Dashcams Could Improve Small-Town Policing Hickman County, Tenn., is a sparsely
populated county with a limited budget for law enforcement. But the deployment
of new dashcams backed by artificial intelligence is giving fresh advantages to
the police there. READ
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How to Increase Weather Resilience Of 96 agencies surveyed, NONE of them said they were engaged in extensive public-private collaboration around weather. That’s pretty shocking! DOWNLOAD NOW
How
Your Data Strategy Leads to Better AI This paper highlights the necessity
for a unified data strategy in state and local government to facilitate
effective AI implementation. Fragmented data systems create barriers to AI by
complicating data access, management, and security. DOWNLOAD
Huge
Field Taking Shape for 2025 New Jersey Governor’s Race Mayors, state legislators, members of
Congress – much of New Jersey’s political class hopes to succeed term-limited
Democrat Phil Murphy next year. READ
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In
2024, the Powerful Potential of AI Took Hold The transformative power of AI was embraced by
many state and local governments this year. Dedicated AI leadership positions
and task forces have emerged to guide responsible use. READ
MORE
In
an EV-Hype World, Automakers Are Discovering Hybrids Are Hot Again More
hybrid vehicles are coming on the market because customers seem to lack the
appetite for all-electric vehicles. The Trump administration may cut back on
tax credits and other EV support. READ
MORE
In
New AI Coalition, Government Thought Leaders Plan Ahead Gov tech officials have joined the GovAI
Coalition, formed late last year, to collectively shape policies and best
practices for introducing AI-enabled tools. They're looking to flank the
fast-moving technology. READ
MORE
Indiana
Expands Cyber Analysis to Include Water Facilities The state is broadening
a cybersecurity vulnerability assessment program to include water and
wastewater utilities. Officials aim to do at least 342 tailored security
examinations by 2026 to help local governments. READ
MORE
Innovation
Leadership Is Not Easy, but Tools, Help Are There As a new federal
administration prepares to assume control, the GovAI Coalition Summit showed
the local promise of artificial intelligence, from solutions available to the
leaders ready to make them work. READ
MORE
Insiders: Data
Center Energy Demands Could Trigger Blackouts A panel of authorities on the
data center industry told Northwest energy planners Wednesday that the tech
sector will take all the electricity it can get its hands on, warning of severe
consequences. READ
MORE
Is
foreign software running on your computer? Get a free I.T. security
health report to mitigate the risks of shadow I.T., nation-state attacks, and
unpatched vulnerabilities. Download
Now
It's
becoming harder to discern who a good person is from one fabricated or made up
through AI. Ironically, AI is going
to be our number-one tool to combat this. WATCH
INTERVIEW
Kansas
and Missouri Legislators Consider Constitutional Changes in Court Selections
GOP lawmakers want to alter the way state supreme court justices are selected
or elected. Some conservative causes in the states, notably abortion bans, have
been undermined by court rulings. READ
MORE
KPMG
Experts Outline 4 Main Approaches to AI in Higher Ed After working with
higher education institutions on their approaches to integrating generative
artificial intelligence, consultants at KPMG think of their clients as
trailblazers, synergists, mavericks or stragglers. READ
MORE
Landlords
Are Using AI to Raise Rents. California Cities Are Leading the Pushback. Eight states and the U.S. Justice Department
have sued over the practice. The company whose software is used by many
landlords says it helps renters as well. READ
MORE
Life
Experiences That Impact Lifetime Income We
analyzed hundreds of research studies and surveyed thousands of Americans to
understand economic mobility. SEE
THE RESULTS
Make
Tech Procurement Easy with These Proven Tips This quick guide offers 5
practical tips to simplify government technology procurement. DOWNLOAD
Maximize
Community Connection: Your Guide to Seamlessly Integrating Nextdoor for Direct
Resident Alerts Unlock the full potential of community engagement by
integrating Nextdoor into your communications strategy. Check
Out Fact Sheet
Missoula,
Mont., Police Evaluating AI Report Software City officials have approved a
request from Missoula police for 120 new Tasers and a bundle of add-on
services, including AI software that writes up to 80 percent of police
reports. READ
MORE
Missouri
Senators File Multiple Bills to Cut and Flatten Tax Rates Incoming GOP Gov. Mike Kehoe campaigned on a
pledge to eliminate personal income taxes. Several bills would cut the income
tax to 4 percent while imposing sales taxes on services. READ
MORE
Moving
Courts to the Cloud Courts are inundated with tasks -- particularly in
large jurisdictions and statewide systems that manage records across a wide
geographic area. By migrating on-premises systems to the cloud and using
software-as-a-service solutions, courts can simplify processes, improve
security and performance, and enhance constituent services. DOWNLOAD
New Indiana
County Site Tracks Blocked Train Crossings The recently deployed website monitors
railroad crossings, to alert drivers and first responders in southern Elkhart
County. Crossings blocked by stopped trains have long been a source of
frustration for officials. READ
MORE
New
Jersey Offers AI Translation Tools to Other States The state’s unemployment office reports
significant benefits from the new technology, which officials said could help
government agencies in and outside the state avoid long-term contracts with
vendors. READ
MORE
New Mexico
Launches Electronic IDs, Driver’s Licenses Approved by the governor earlier this year,
New Mexico drivers now can add their driver's licenses and state identification
cards to Apple Wallet and Google Wallet to use at certain businesses or
venues. READ
MORE
New
NIST Guidance Offers Update on Gauging Cyber Performance The National Institute of Standards and
Technology has released an updated edition of a publication that covers running
a program to measure cybersecurity performance, and choosing what to
measure. READ
MORE
Nine
States Will End Medicaid for 3 Million People if Trump Cuts Program The states have trigger laws to end coverage
if the feds end funding for expansion under the Affordable Care Act. Other
states may make cuts if funding gets rolled back. READ
MORE
North
Carolina Legislators Pass Bill Stripping Power from Governor A measure that provided some hurricane relief
was a vehicle for taking power away from executive offices that will be controlled
by Democrats next year. The GOP’s legislative supermajority overrode a veto
from Democratic Gov. Roy Cooper. READ
MORE
North
Carolina Police Turn to Training to Stop Taser Misuse Unclear police
policies, inefficient training and too little accountability is resulting in
some North Carolina officers misusing tasers and similar devices, civil rights
lawsuits and advocates say. READ
MORE
Operational
Resiliency and AIOps in State and Local Government This thought leadership
paper covers the advantages of an AIOps approach, what you need to look for in
a modern incident response system, and implementation best practices. Read more
to see how your agency can take resiliency to the next level! DOWNLOAD
Overcoming
AI Risks, Workforce Challenges in Cybersecurity
An expert offers insights on how government agencies, frequent
targets online, can safeguard critical infrastructure and future-proof their
cybersecurity. Also under consideration: artificial intelligence’s dual role in
security. READ
MORE
Pillars
that Support Upward Mobility Discover how housing, education, good jobs,
health, and governance create the foundation for economic success, dignity and
belonging, and power and autonomy for all. LEARN
MORE
Remote
workforces are a ticking time bomb! Download a free eBook and learn
about how to secure your company's remote workforce. Check
Your Device Now!
Rhode
Island Could Create a 'Public Developer' to Address Housing Crisis The model, which has been gaining popularity
throughout the U.S., presents an opportunity for direct state investment in
affordable housing without relying on uncertain federal funds. READ
MORE
San
Diego Schools Could House 10 Percent of District Workforce The school
board is considering a plan to use five of its properties to build 1,000
affordable housing units. It’s a strategy more California districts are
pursuing. READ
MORE
Spatial
Infrastructure: How GIS Data Can Transform Government Operations Embracing spatial infrastructure can help
state and local governments by enhancing GIS data integration with everyday
technologies and systems. This paper explains spatial infrastructure and
explores use cases where it can improve government operations. DOWNLOAD
Stadiums
Don’t Have to Be a Drain on Taxpayer Dollars St. Louis voters rejected a $60 million
proposal for a new soccer stadium, but the city got one anyway. Here’s how it
did that with minimal public funding. READ
MORE
State-Provided
Software Helped Stop Cyber Attack in Texas According to city of Odessa officials,
state-provided software meant to enhance cybersecurity effectively protected
city systems, and staff is now restoring operations using secure backups. READ
MORE
States
Look to Crack Down on Companies Bilking Veterans Federal
law prohibits companies from charging vets for help in filling out disability
claims, but there’s no penalty. Maine, New Jersey and New York have passed laws
to close this loophole, with more expected to follow. READ
MORE
Texas Agency Asks for $300 Million to Address Medicaid Backlog If legislators approve the request, the Texas Health and Human Services Commission would also get $100 million from Washington to address huge Medicaid and food stamp application delays. READ MORE
The
Continuing Threats to Voting Rights
As a new administration takes power in Washington, the work of state and
local public officials who champion free and fair elections will become even
more critical. READ
MORE
The
Digital Public Sector of the Future This paper explores the many ways state
and local governments can address their biggest digital transformation
challenges. Read more to find out which tools can help your organization become
more efficient, cost-effective and secure! DOWNLOAD
The
Lasting Effects of a Ban on Bilingual Education in California A 1998 ban on dual-language courses was
repealed in 2016, but they still have not fully bounced back or hired enough
teachers. Texas enrolls 40 percent of its English learners in such programs
compared to 10 percent in California. READ
MORE
The
Nation’s Largest County Is Changing Its Form of Government Los Angeles
County voters have approved changes that include an expansion of the county
Board of Supervisors and creation of a separate executive leader. Reform
advocates had pushed for such changes for decades and an atmosphere of scandal
helped them succeed. READ
MORE
The
Ongoing, Unnecessary Obstacles HBCUs Must Confront Beset
by funding issues and questionable program duplication from predominantly white
institutions, too many historically Black colleges and universities are
struggling. We must ensure that these valuable institutions thrive. READ
MORE
The
Texas GOP Has a Bold Agenda — If It Can Stick Together School vouchers, border enforcement, and
energy infrastructure are on the GOP agenda in Texas. A fight for speaker of
the House could determine its prospects.
READ
MORE
Thousands
of Social Security Numbers Stolen from New Jersey City Workers Hoboken
suffered a “massive” cybersecurity break. Personal information including
payroll and health records of city workers — some dating back to 1987 — was
stolen, along with information about residents who’d applied for rental
assistance. READ
MORE
Time
Is Running Out for State and Local Governments to Protect Pandemic Funds State and local governments will be forced to
return pandemic relief funds if they aren’t properly obligated by the end of
December. READ
MORE
Transforming
Public Services New technologies and
strategies are important for modernizing government services. But government
workforces must also to new ways of working. This paper shares advice from top
public sector leaders on navigating change, engaging stakeholders and fostering
innovation. DOWNLOAD
Unlocking
Agility and Innovation with Modernization
By leveraging tools like artificial intelligence (AI), data
analytics and cloud computing, organizations can transform legacy systems and
build a foundation for future growth and public trust. Learn more about the
benefits of modernizing by downloading the full publication. DOWNLOAD
Using
AI for Public Sector Cybersecurity This rapid roadmap details how AI
strengthens security, outlines the major AI security challenges and explains
how you can measure your cyber progress. DOWNLOAD
Vermont
CISO’s New Role Entails Learning from Policymakers John Toney, the state’s chief information
security officer, has been appointed a visiting fellow by the National Security
Institute. Through this position, he will learn from cyber execs, building his
knowledge to better serve Vermonters. READ
MORE
Voices
of Those Who Have Experienced Poverty We listened to thousands of Americans
about their journeys navigating economic mobility. LEARN
MORE
Western
States at an Impasse Over Water Rights Negotiations Seven states rely on water from the Colorado
River. They’ve split into two camps and have made “zero progress” ahead of
current apportionment rules expiring in 2026.
READ
MORE
What’s
New in Digital Equity: Arizona Initiative Launches Plus, the Federal Communications
Commission is pushing for greater network security measures after a cyber
attack, additional funding has been awarded through the Digital Equity Capacity
Grant Program, and more. READ
MORE
When
to Send Emergency vs. Routine Notifications Learn the key differences
between emergency and routine alerts to ensure effective, timely communication
in your mass notification strategy. Read
Now
Why
the NYC Tech Office Chose Cloud Modernization This case study details how
OTI strategically handled its application modernization journey and shares
critical lessons learned for other agencies. DOWNLOAD
Will
Congestion Pricing Really Ease New York City’s Traffic Woes? Charging
motorists to drive in a large swath of Manhattan has been decades in the
making, and the idea has had some success elsewhere in the world. READ
MORE
Will Dallas
Regulate Forthcoming Food Delivery Robots?
Autonomous robots delivering Uber Eats orders are hitting downtown Dallas
sidewalks this month, and city officials say they have limited options for
ensuring the self-driving machines are good operators. READ
MORE
Will Syracuse,
N.Y., Code Inspectors Soon Wear Body Cams? Mayor Ben Walsh’s
administration wants to expand the use of body-worn cameras to its code
enforcement staff, but city lawmakers want questions answered before they’ll go
along with buying the equipment. READ
MORE
Year
in Review 2024: AI Impacts All Areas of Gov Tech The biggest news in artificial intelligence,
accessibility, cybersecurity, ed tech, government experience and public safety.
Our annual review of the top headlines from 2024 also looks at what’s in store
for state and local IT next year. READ
MORE