New York State school district personnel are required by law to report alleged child abuse to New York State's Child Protective Services

In this appeal to New York State's Commissioner of Education Betty A. Rosa,  Dr. Rosa noted that the Petitioner challenged certain alleged actions by officers or employees of the school district's Board of Education [Board] involving a report of alleged child abuse to the Child Protective Services [CPS] of the New York State Office of Children and Family Services.

Petitioner had alleged that one or more of the school district's officers or employees knowingly filed, or contributed to the filing of, a false CPS complaint against Petitioner.  For relief, Petitioner asked the Commissioner to provide "prospective relief such as increased training, formation of an “oversight committee … to ensure accountability,” and an improved "and expanded hiring practices".

The Board contended that the appeal to the Commissioner must be dismissed as untimely, for lack of jurisdiction and that the Commissioner was unable to grant Petitioner the relief Petitioner had requested.

Commissioner Rosa dismissed Petitioner's appeal, explaining that New York State's “Social Services Law §§411-28 sets forth the scheme for mandatory reporting by school officials of suspected cases of child abuse or maltreatment”. Commissioner Rosa also opined that “the Commissioner of Education has no authority to review whether reports to CPS are appropriate pursuant to Social Services Law”.

In addition, Commission Rosa noted that the Commissioner of Education has no authority to request that school officials discontinue filing reports of suspected abuse to CPS or that school officials contact the student's parent [or guardian] prior to submitting such reports to CPS, citing Appeal of M.I.B., 55 Ed Dept Rep, Decision No. 16,847.

The Commissioner then dismissed Petitioner's appeal for lack of jurisdiction.

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

Employee's misconduct deemed sufficient to justify his termination from his position under the circumstances

New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ] Charlotte E. Davidson recommended termination of employment of the Employee [Respondent], a patient care associate, who made inappropriate comments to a patient and kissed the patient’s arm before drawing her blood. 

Judge Davidson, who had conducted this disciplinary hearing by videoconference, found that the Employer established that Respondent had kissed the patient’s arm and made a series of inappropriate comments to her, including referring to himself as a Chupacabra, a mythical blood-sucking monster; telling the patient he also sucks milk; asked the patient if she breastfed her children; and asked the patient if she was allergic to money. 

Judge Davidson, however, found that the Employer failed to prove the allegation that Respondent told the patient that he "loves veins". 

In considering the appropriate penalty to recommend to the appointing authority to be  impose on Respondent, the ALJ considered Respondent’s lack of a history of disciplinary action with the Employer, the inappropriate and sexual nature of Respondent’s misconduct and Respondent’s failure to demonstrate outstanding job performance during his short term of employment with the Employer. 

Accordingly, Judge Davidson recommended that the appointing authority terminate Respondent's employment with the facility.

Click HERE to access the ALJ's findings and recommendation posted on the Internet.

A Reasonable Disciplinary Penalty Under the Circumstances - An e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/7401.html

Employee failed to link his termination to his religion rather than his noncompliance with New York City's vaccine mandate

Supreme Court granted New York City's motion to dismiss the Plaintiff's [Employee] unlawful discrimination complaint and denied Employee's cross-motion to compel discovery as moot. The Appellate Division unanimously affirmed the Supreme Court's decision, noting that "Supreme Court properly dismissed the complaint as against defendant New York City Police Department, which is a non-suable agency of the City", citing Troy v City of New York, 160 AD3d 410.

Addressing the merits of the Employee's complaint, the Appellate Division said "Plaintiff failed to allege any nonconclusory facts linking his termination to his religion rather than his noncompliance with the [New York City's] vaccine mandate" as he cited no nexus to a religious prohibition against vaccination.

The Court also observed that Employee failed to establish he suffered "constructive discharge" as "he advanced no nonconclusory facts that the Employer deliberately created working conditions so intolerable, difficult or unpleasant that a reasonable person would have felt compelled to resign".

With respect to Employee's alleged "lack of cooperative dialogue" claim, the Appellate Division noted that Supreme Court had properly dismissed that contention as Employee had "availed himself of the approved appeals process and failed to establish how it fell short of the New York State or New York City Human Rights Law."

The Appellate Division also noted that Employee's "Free Exercise claim fails, as there is no private right of action to recover damages for state constitutional violations where alternative remedies exist".

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

Selected Internet blog posts for the week ending May 29, 2026

2026 AI Risk and Readiness Report Most organizations are making decisions about AI security without a full picture of how it’s being used across their environment. Based on new data from over 1,200 cybersecurity professionals, this report highlights where those visibility gaps commonly exist and what they mean for managing data and risk. DOWNLOAD

Broadband-Powered Mobile Is Changing the Marketplace Cable mobile uses the broadband infrastructure and Wi-Fi networks to deliver choice, competition, and more affordable plans to Americans. Learn more

Affordable Connectivity Supports Everyday Opportunity From homework to telehealth to job searches, families need reliable connectivity at a price they can manage. See how the cable industry helps. Learn more

Why Identity Is Now Core HHS Infrastructure For HHS agencies, identity verification is no longer a support function. This paper explains how modern identity platforms give agencies a consistent, risk-based way to verify new applicants and returning beneficiaries. DOWNLOAD

Solving AI Governance Across the Public Sector Many agencies are trying to create AI policies while employees are already using AI tools. This executive brief examines the operational realities behind AI governance, including how organizations can uncover hidden usage, clarify ownership, and manage risk without slowing down productivity. DOWNLOAD

Preventing Outbound Email Data Loss Across the Public Sector Learn how behavioral AI and adaptive email security help public sector organizations prevent misdirected emails and data loss.  WATCH NOW

Break the Silos: Real-Time Public Safety with 5G Learn how to improve public safety response with secure 5G communications that unite agencies in real time, fast. WATCH NOW

Fighting the Cyber 'Domino Effect' Join us with Google to learn practical strategies for securing endpoints, managing SaaS risk, and building a more resilient cybersecurity posture. WATCH NOW

Reimagining Cybersecurity Workflows with the State of Kansas Learn how agencies are modernizing endpoint visibility and strengthening their security operations. WATCH NOW

Mission Possible: Operationalizing AI in Government Learn how governments can turn AI experimentation into practical solutions that improve public services and agency efficiency. WATCH NOW

Proposed State-CSEA agreement would cover more than 55,000 employees of the State of New York

On May 29, 2026, Governor Kathy Hochul reported that her administration has reached a contract agreement with the Civil Service Employee Association (CSEA) for a five-year term running until April 1, 2031. The agreement is subject to ratification by union membership, which includes more than 55,000 New York State employees in a wide variety of roles.

CSEA President Mary E. Sullivan said, “We applaud Governor Hochul’s recognition of the hard work CSEA members provide to the state every day through this fair contract. This agreement delivers meaningful wage increases and helps address affordability challenges working people are facing.”

The agreement includes increases in salary for employees in each year of the agreement. 

The agreement also includes paid prenatal leave, increases in location pay and health insurance changes that reduce costs for employees by eliminating certain co-pays and minimizing reliance on out of network providers.

CSEA represents New York State employees in four collective bargaining units and the proposed contract agreement must be ratified by CSEA rank and file members.