Court rejects Petitioner's proposed narrowing of a search for records sought pursuant to New York State's Freedom of Information Law following two refusals to do so

The New York City Department of Education [DOE] denied Petitioner's Freedom of Information Law (FOIL) request on the grounds that it did not seek "a record reasonably described". Supreme Court denied Petition's appeal seeking a court order directing DOE to conduct "an adequate search of responsive records, or in the alternative for a framed issues hearing." The Appellate Division unanimously affirmed the Supreme Court's decision, holding it was not affected by an error of law.

Petitioner sought all emails during a 17-month period between any DOE email address and any email address from a neutral arbitrator's firm. Citing Matter of Puig v New York State Police, 212 AD3d 1025, the Appellate Division said the administrative record and the DOE's affidavits demonstrate "that the descriptions provided are insufficient for purposes of extracting or retrieving the requested document[s] from the virtual files through an electronic word search ... [by] name or other reasonable technological effort".

The Appellate Division's decision notes that "DOE maintains over 1 million email mailboxes". When DOE searched its database using the description given by Petitioner, the "system searches never appeared to end during the course of the day, continuing through the next day, then stopping and timing out". 

When Petitioner was twice asked by DOE to provide a narrower timeframe, names or titles of DOE employees who might be custodians of the emails sought, and key terms to be searched, Petitioner "simply refused to do so."

Petitioner subsequently offered a proposed script that would reduce the number of mailboxes being searched which "[n]either the language of the original request nor that of the administrative appeal demonstrates that the limitations now proposed were previously enunciated or provided" to the DOE. The Appellate Division ruled that Supreme Court "appropriately declined to entertain [Petitioner's] proposed means of narrowing the search," which were advanced for the first time in a later reply submitted to Supreme Court.

As DOE did not deny the FOIL request based on Petitioner's seeking voluminous records or claim that conducting the search "would be unduly burdensome or require the creation of new documents," the Appellate Division held Petitioner was not entitled to a hearing to resolve certain purported issues of fact.

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

 

The Volunteer Firefighters' Benefit Law, incorporating by reference §29 of the Workers' Compensation Law, provides the exclusive remedies available to a firefighter injured in the line of duty

Plaintiff, a volunteer member of a Volunteer Fire Department [Defendant] allegedly was injured when he fell from the back of a fire truck operated by a fellow volunteer firefighter [Firefighter]. The accident occurred at a "fire track" allegedly owned by the defendant Ridge Fire District, sued as Ridge Volunteer Fire Department, Inc. [Ridge] during an event held in preparation for a firefighting competition. Based on a determination by the Workers' Compensation Board that Plaintiff was injured "in the line of duty," Plaintiff was awarded benefits under the Volunteer Firefighters' Benefit Law.

Plaintiff commenced this action to recover damages for personal injuries against the Defendants, Firefighter and Ridge, among others, alleging that Firefighter negligently operated the fire truck at a dangerous speed during preparations for the firefighting competition. Defendants, Firefighter and Ridge separately moved to dismiss the amended complaint insofar as asserted against each of them [See pursuant to CPLR 3211(a)]. Supreme Court granted those defendants' motions and Plaintiff appeal the Supreme Court's rulings.

The Appellate Division, citing §19 of the Volunteer Firefighters' Benefit Law, noted, in pertinent part, §19 provides that "[t]he benefits provided by this chapter shall be the exclusive remedy of a volunteer firefighter" for injuries sustained "in line of duty ... as against ... any person or agency acting under governmental or statutory authority in furtherance of the duties or activities in relation to which any such injury resulted."

Thus, opined the court, should a volunteer firefighter sustains an injury in the line of duty, the injured firefighter is barred from seeking recovery against either a fire company with which he or she had an employer/employee relationship or fellow firefighters acting "in furtherance of their duties and activities* [and §20 of the of the Volunteer Firefighters' Benefit Law] incorporates by reference subdivision 6 of §29 of the Workers' Compensation Law, which provides that compensation is the exclusive remedy of an employee injured by the negligence or wrong of another in the same employ" (See Malone v Jacobs, 88 AD2d 927)."

Accordingly, the Appellate Division held that Supreme Court properly granted the motions of Defendant and Firefighter pursuant to CPLR 3211(a)(7) to dismiss the amended complaint insofar as asserted against each of them.

With respect to Ridge, the Appellate Division said Ridge submitted documentary evidence conclusively establishing that it did not own the property where the accident occurred, and thus, that "a material fact as claimed by the [Plaintiff] is not a fact at all" and Supreme Court properly granted Ridge's motion to dismiss the amended complaint insofar as asserted against it.

* See Lima v State of New York, 74 NY2d 694 and Theodoreu v Chester Fire Dist., 12 AD3d 499).

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

 

Federal Rule of Appellate Procedure 28(a) requires all appellants to provide the court with a clear statement of the issues on appeal in their briefs

Plaintiff, proceeding pro se,* sued the school district where he previously work as well as certain administrators and another former colleague [collectively Defendants] for alleged discrimination and retaliation on the basis of race, gender, age, and disability status under various federal statutes. A federal district court dismissed the Plaintiff's claims as barred by a general release in a settlement agreement and as time barred. Plaintiff filed a timely appeal with the U.S. Circuit Court of Appeals, Second Circuit.

Plaintiff, however, did not challenge these federal district court’s rulings in the brief he submitted to the Circuit Court. Rather, observed the Circuit Court, Plaintiff "focused solely on the merits of his underlying claims", alleged acts of unlawful discrimination and retaliation undertaken by the Defendants. In the words of the Circuit Court, Plaintiff "does not dispute that his claims were precluded and time barred".

The Circuit Court affirmed the district court's ruling, explaining it liberally construes pleadings and briefs submitted by pro se litigants to raise the strongest arguments they suggest. However, said the court, pro se appellants must still comply with Federal Rule of Appellate Procedure 28(a), which requires all appellants “to provide the court with a clear statement of the issues on appeal” in their briefs.

Plaintiff had conceded the procedural issues that resulted in the dismissal of his complaints by the federal district court and he could not advance the merits of his "underlying claims" in the brief he submitted to the Circuit Court of Appeals.

* Pro se [Latin] meaning for or on one's own behalf.

Click HERE to access the decision of the Circuit Court of Appeal posted on the Internet.

 

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

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A Policy Primer for the 2024 Legislative Session In a discussion about the near future, the writers and editors at Governing walk through the legislative issues to keep an eye on this year. Technology, budget and transportation top the list. READ MORE

 

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Can Chatbots Transform the Unemployment Claim Experience? A glimpse into the future of claims handling as Wisconsin works to apply generative AI to a UI chatbot to provide customers with a more responsive experience. Meanwhile, Nevada plans to use a chatbot to help understand equity challenges and increase application accuracy. READ MORE

 

Cross-Agency Planning Key to Cybersecurity in San Francisco CISO Michael Makstman explains what it takes to secure San Francisco, how the city is approaching generative AI and the importance of sharing information in the Coalition of City CISOs. READ MORE

 

Dallas Cyber Attack More Extensive Than First Thought Hackers who targeted the city of Dallas had access to the addresses, Social Security numbers and other personal information of nearly 300 more people than what had been previously disclosed to the public, officials now say. READ MORE

 

Disaster Zone Podcast: Regulating Artificial Intelligence Regulation is needed for the AI industry. READ MORE

 

How Artificial Intelligence Is Changing Gymnastics Judging Proponents believe that artificial intelligence can eliminate biases in gymnastics judging, making the sport both more fair and more transparent for viewers and for the gymnasts themselves. READ MORE

 

How to Process Government Documents Smarter and Faster Discovering, organizing, and managing information across various documents is pivotal to state and local government work. To enhance efficiency and accuracy, agencies should consider the benefits of intelligent document processing (IDP). DOWNLOAD PDF

 

Illinois CISO Departs for New Job in the Private Sector NASCIO award winner Adam Ford has started a position in cloud security months after being recognized for his accomplishments in cybersecurity in Illinois. He worked for the state for more than two decades. READ MORE

 

IMF: Artificial Intelligence Could Impact 40 Percent of Jobs The world is at an AI crossroads that could either greatly benefit humankind or deepen inequality, depending on how we use it, the International Monetary Fund said in an analysis released Sunday. READ MORE

 

Inside Massachusetts' Proposed State IT Funding Plan The bill as currently written would maintain funding for tech modernization and single sign-on projects while also putting aside money for potential AI work in the future. READ MORE

 

Many States Have Data Privacy Laws. Where Is the Federal Law?

 

Marketplace: Gov Tech Firms Bring Expertise to Public Agencies The companies serving the gov tech market offer tools tailored for the public sector's unique needs. From justice and public safety to health and human services, these are some of the areas seeing major growth. READ MORE

 

Maryland Focuses on Modernization, Accessibility and Cyber CIO Katie Savage explains how the state is taking a more holistic, collaborative approach to updating legacy systems, maturing its cyber team and establishing user-friendly design processes. READ MORE

 

Meta’s Online Teen Safety Solution Draws Criticisms

 

New York Prepares Another Push to Promote Housing READ MORE

 

Nonprofit Aims to Help Govt Consider Risks of Generative AI CivAI is creating a toolkit that will help state and local government leaders address the risks as they start using the rapidly evolving technology for more use cases. READ MORE

 

NYC Transit Tech Lab Opens New Round of Challenge Applications Curb management is one of the latest areas the New York City Transit Tech Lab wants to explore as it opens its new call for applications to enter the lab’s sixth challenge event urging early growth stage companies to apply. READ MORE

 

Pennsylvania Detectives May Join Cyber Fraud Task Force North Huntingdon is expected to consider an agreement with the Secret Service that would allow its detectives to join the federal agency's cyber fraud task force and be trained to fight financially motivated cyber crime. READ MORE

 

Phishing, Disinformation Top 2024 Election Security Concerns A new study finds those areas are high on the list of election-related cybersecurity concerns, but public awareness campaigns, training for staff, tabletop exercises and free security tools can all help. READ MORE

 

Police Tech Firm Wrap Is Betting Big on Non-Lethal Weapons The gov tech firm has announced its highest sales ever for its BolaWrap product. It’s part of a larger trend among agencies and their tech providers to respond to changing police practices and citizen expectations. READ MORE

 

Protect Critical Infrastructure with Asset Management

 

Public Pensions Should Invest More in Talent. Here’s Where to Start. To compete for winning investment performance in capital markets, the plans need to build stronger internal bench depth. Compensation is part of the picture, but they also need to beef up their training camps. READ MORE

 

Schenectady, N.Y., Releases Tax Bills After Tech Snafu

 

Special: Securing America's Digital Infrastructure A round up industry best practices on topics such as security, threats, and privacy. See how companies are helping state and local agencies tackle and prepare for all things cybersecurity. NEWS, CONVERSATIONS AND RESOURCES

 

The Hidden Downsides of City-County Mergers Merging cities with their suburbs is sometimes seen as inspired urbanism. But it doesn’t always benefit everyone.  READ MORE