Links to selected items focusing on governmental operations posted on the Internet during the week ending November 23, 2024

4 Ways to Get Ready for AI in Transportation Based on meetings that involved public sector transportation leaders, this thought leadership paper covers the steps transportation agencies need to take in four areas: data, workforce, cybersecurity and collaboration. DOWNLOAD

5 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

6 Great Use Cases for Public Sector GenAI Generative AI can help state and local government agencies simplify complex processes, elevate constituent experiences and secure sensitive data. Here are six ways your agency may be able to benefit from GenAI. DOWNLOAD

79 Communities Challenge Michigan Solar, Wind Farm Permit Rules Municipalities across the state have challenged the legality of the state’s processing of permitting requests for large-scale solar and wind energy facilities. The controversial law passed last year and diminishes local control. READ MORE

After Democratic Wins, N.C. GOP Rushes to Grab Power A proposed bill claims to provide disaster relief to those suffering the impacts of Hurricane Helene but in actuality focuses on obstructing power from the newly elected Democratic governor, attorney general and state schools superintendent. READ MORE

 Ahead of the L.A. Olympics, Officials Focus On Lone Drivers State and local transportation leaders discussed ideas intended to coax motorists away from driving alone at the CoMotion LA conference. The 2028 Summer Olympic Games in Los Angeles are looming as tech and policy options develop. READ MORE

AI Search Makes a Quick, Promising Splash in Palm Beach The Florida city’s newest technology is an effort to bring search further in the 21st century via a Polimorphic tool. A city official talks about use cases and lessons learned — experiences that could guide other towns. READ MORE

AI’s effectiveness depends on one critical factor: data quality. This guide covers how government agencies can modernize tech stacks, improve data accessibility, and clean data to unlock AI's potential and deliver smarter, more efficient services to constituents. DOWNLOAD

As Its CIO Prepares to Retire, Honolulu Selects a Successor Honolulu's new CIO and director of the Department of Information Technology will officially step in, in January. However, the transition is expected to get underway next month, affording an interval of collaboration. READ MORE

California Rent Control Rejection May Reflect Larger Desire for Change More than half of California renters spend at least 30 percent of their income on housing, making it the fifth-highest rate in the country. But a measure that would have lifted restrictions on local rent control failed this month by 22 points. READ MORE

California Schools Will Now Teach About Mistreatment of Native Americans A new state law will require public schools to incorporate Native American mistreatment into the Spanish Colonization and California Gold Rush curricula. The state Department of Education will consult with local tribes to make the updates. READ MORE

California’s Envision 2026 to Operationalize Best Practices The new three-year technology road map will serve state government as a whole. It builds on the work of a previous plan, Vision 2023, said state CIO Liana Bailey-Crimmins, director of the California Department of Technology. READ MORE

CDC Presents a Five-Year Plan for Rural Health Care Outlining rural health issues and priorities is the latest step in combating rural health disparities, according to leaders at the Centers for Disease Control and Prevention. READ MORE

Championing Economic Mobility Through Education and Innovation The Gates Foundation’s Allan Golston outlines a vision for equitable opportunities and the future of the American dream. READ MORE

Chief Data Officers Call for Governmentwide AI Strategy A new survey of federal chief data officers conducted by the Data Foundation and Deloitte reveals the need for more governmentwide clarity and guidance in the face of rapid artificial intelligence growth. READ MORE

Chief Data Officers Call for Governmentwide AI Strategy A new survey of federal chief data officers conducted by the Data Foundation and Deloitte reveals the need for more governmentwide clarity and guidance in the face of rapid artificial intelligence growth. READ MORE

CISA Director Jen Easterly, in Place Since 2021, to Step Down Easterly was unanimously confirmed by the U.S. Senate to lead the agency. The precise timing of her departure is unclear, but is expected to take place in advance of the incoming President-elect Donald J. Trump administration. READ MORE

Cloud-Smart Strategies for IT Infrastructure Modernization To improve cybersecurity, meet residents' evolving expectations, and alleviate workforce pressures, local governments must have modern, efficient systems. This thought leadership shares the steps that agencies need to take to guide their modernization efforts and simply cloud adoption. DOWNLOAD

Colorado Digital Service Team Implements Strategic Plan The state announced its multiyear Colorado Digital Government Strategic Plan in 2022. Leaders continue bringing it to life, engaging residents and focusing on three key initiatives to offer a simple, secure, fast experience. READ MORE

Cybersecurity and Change: Trump’s Second-Term Plans for Homeland Security What changes will President-elect Donald J. Trump implement in his second term regarding homeland security, technology, cybersecurity and more? Let’s explore. READ MORE

DHS Issues Guidance on Adopting AI in Critical Infrastructure A new series of recommendations from the U.S. Department of Homeland Security is designed to enable cloud providers, AI developers, public-sector entities and others to integrate AI while balancing risk and opportunity. READ MORE

Driving Change Through Authentic Community Engagement Author Fern Tiger discusses how genuinely connecting with communities before launching projects can drive progress by ensuring feedback is more than surface-level. Tailoring engagement can shape more accurate policies. READ MORE

Drone Cops: The Future of Policing American Cities? A Government Technology data analysis of the Chula Vista, Calif., police department’s six-year groundbreaking drone-as-first-responder program reveals impacts on response times, officer safety and citizen privacy. READ MORE

Election Shouldn’t Impact Pennsylvania to N.Y. Passenger Rail Officials hope the effort to restore passenger rail service between Scranton and New York City will be unaffected by federal leadership changes. A 2023 study estimated the line would generate $84 million in new economic activity annually. READ MORE

From Cybersecurity to Smart Tech: Insights for Event-Ready Cities This paper offers insights from host cities, with strategies any local government can adopt to enhance event security and streamline planning. DOWNLOAD

Get AI-Ready: How Governments Can Build a Strong Data Foundation AI’s effectiveness depends on one critical factor: data quality. This guide covers how government agencies can modernize tech stacks, improve data accessibility, and clean data to unlock AI's potential and deliver smarter, more efficient services to constituents. DOWNLOAD

Greg Abbott Wants Texas to Be No. 1 in Advanced Nuclear Power The governor’s office has proposed creating a Texas Nuclear Power Fund to incentivize nuclear growth as well as passing pro-nuclear legislation, creating a university research network and bolstering the nuclear supply chain. READ MORE

Help Communities Become Hubs of Economic Opportunity Opportunity-rich and inclusive communities are central to supporting families’ stability, access to social and economic opportunities, and children's chances to succeed. LEARN HOW 

How Arizona Police Use ‘Smart Transcription’ to Fight Crime As real-time crime centers gain popularity, police are turning to the latest tools to catch criminal suspects more quickly than before. Glendale, Ariz., offers a glimpse of what’s to come for more departments. READ MORE

How Can Cities Keep Nonprofit Groups Cyber Secure? A new study of San Francisco considers nonprofits’ unique cybersecurity challenges in that community as well as ways the local government could help. The research team hopes to study other cities soon. READ MORE

How Local Officials Can Help Residents Cope During Tough Times Mayors and other local leaders have an important role to play in the psychological well-being of their constituents, protecting them from harmful policies and helping them handle new uncertainties. READ MORE

How Much Do Hurricanes Cost Florida Businesses? Weeks after hurricanes Milton and Helene, businesses across the state are still feeling the financial impacts of the disasters. As of Nov. 1, storm damage had forced about 2,300 people across two counties out of work temporarily. READ MORE

How Nevada’s Second-Biggest City Measures Resident Satisfaction Henderson City Manager Richard Derrick has focused on improving city services in Nevada’s second-largest city. Community surveys suggest residents are reaping the benefits. READ MORE

How to Implement AI in State and Local Government Artificial intelligence (AI) holds limitless potential for agencies when it comes to enhancing operations, managing data and improving constituent experiences, but many governments don't know where to start. This issue brief explains how agencies can start using AI, why the cloud is important, and what needs to be done around data governance. DOWNLOAD 

If Trump Dismantles the Education Department, He’ll Regret It The view of the federal department as a source of malign leftist influence is backwards. Good ideas are out there, and there needs to be a central authority to disseminate best practices and insist on results, argues Matthew Yglesias. READ MORE

Implications for Public Finance in a Trump II Era His second presidency could recolor the landscape for federal spending, with ramifications for states, local governments, schools and public pensions. Governors and mayors will need to try to discern where the political wind is blowing — and what to watch out for. READ MORE

Investors Bet $3M on Procurement Startup Civic Marketplace The young company, which wants to make procurement easier for local governments, has its eyes set on geographic expansion and product development. The funding arrives as procurement offices face staffing challenges. READ MORE

Little Tech Can Have Huge Impact for State and Local Govt Small technology companies focused on specific sectors or niche markets have more to offer than meets the eye. They can help solve problems that might be too narrow for big tech to take on. READ MORE

Local Governments Work With Google.org to Design Digital Tools City and county officials discussed partnering with community organizations and technologists from Google.org on digital tools to resolve neighborhood issues, during a “Demo Day” webinar hosted by The Opportunity Project for Cities. READ MORE

Louisiana Is Making It Easier to Get a Job Without a Four-Year Degree There are an estimated 1 million people in Louisiana that have the skills and experience to qualify for higher wage jobs, but are being restricted due to not having a college degree. But the state is working to eliminate unnecessary degree requirements. READ MORE

Maine Must Address Struggling Youth and High Cost of Living The state’s 30th annual Measures of Growth Report found that Maine was performing well in environmental stewardship, Internet connectivity and transportation infrastructure, but needed to improve other areas to boost its economy. READ MORE

Maryland Leads States in Reducing Emissions In Maryland and several other states, many of the reductions have come thanks to the retirement of coal-fired power plants. READ MORE 

Michigan Approves Tax Breaks for Hyperscale Data Centers Michigan lawmakers have approved a bill that exempts data centers which make at least $250 million in capital investment from sales and uses taxes on equipment through at least 2050. READ MORE 

Minnesota Job Market Loses Steam, Residents Worry Over the Economy Seasonal retail and health-care hires did not offset the loss of jobs in the professional services and construction sectors in October, resulting in a net loss of 1,000 jobs in Minnesota. READ MORE

Mississippi State to Teach Students to Build, Train AI Systems A $1.2 million National Science Foundation grant will help train a cohort of 60 Mississippi State University students to develop artificial intelligence systems capable of analyzing digital images. READ MORE

N.H. County Underway on $17M Middle-Mile Broadband Build The state's second-largest county by land area is working with eX² Technology to stand up a 200-mile fiber-optic network, bringing high-speed Internet to more than 20 cities and at least one higher education institution. READ MORE

NASCIO Highlights Cyber Training Need for Locals, Underserved The work of state-level CISOs is expanding to help serve the cyber needs of small municipalities and vulnerable groups, a NASCIO report affirms. Whole-of-state cybersecurity and grants are helping drive the endeavor. READ MORE

Navigating the CJIS Security Policy Changes The new document addresses evolving concerns in areas such as incident response, cloud security and multifactor authentication. DOWNLOAD

Nearly Half of L.A.’s Homelessness Funds Went Unused Only $599 million of the record $1.3 billion homelessness budget last year was actually spent. City Controller Kenneth Mejia blamed “a sluggish, inefficient approach” for the underspending. READ MORE

Nebraska Innovates IT Through Reorganization, Modernization State CIO Matthew McCarville said he believes the state’s information technology reorganization and modernization efforts have laid the foundation for innovation, capacity building and cost savings. READ MORE

Nebraska’s New Sick Leave Bill Worries Businesses The new law will guarantee small business employees 40 hours of paid sick leave and 56 hours per year for people working at businesses with more than 20 employees. But business owners are concerned about the financial burden of the new rule. READ MORE

Partnerships Helped Secure Election Day Against New Threats Election officials and law enforcement worked together to fend off Election Day threats, with a new tactic emerging: hoax bomb threats made against polling sites with the aim to disrupt voting. READ MORE

Report: Computer Lapse Leaves Millions of Veterans’ Info Unguarded A Veterans Affairs office in Atlanta that determines health-care coverage for veterans failed to encrypt the records of more than 3 million people and ran outdated computer programs, according to an audit. READ MORE

Resource Explores Local Government AI Use, Offers Advice The National League of Cities released a report this week outlining strategic ways municipalities are using artificial intelligence to better serve constituents. An accompanying toolkit aims to facilitate analysis. 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, Nightlife and Taylor Swift: Cities and States Are Banking on Busy Weekends New consumer spending patterns fuel investment in entertainment venues. READ MORE

States Spend Billions on Transportation Projects. Are They Meeting Their Goals? A new report from Brookings shows how state departments of transportation have a free hand to spend on highway projects, but don’t keep good track of progress toward specific goals. READ MORE

Technology Helps Fill Gaps Amid Public Safety Staffing Shortages New emergency dispatch tools that offer automated services are more important than ever amid staffing shortages in law enforcement and emergency call centers. READ MORE

Texas Is Among Few States Experiencing a Surge in Energy Demand The increase of energy demand across the country is growing to rates that haven’t been seen since the end of World War II. READ MORE 

The Case for Cooperative Procurement Arizona's Cooperative Purchasing Program serves more than 1,000 agencies and nonprofits across the U.S. This paper explains how the state used a "source to pay" model to drive value, boost efficiency and grow its supplier base. DOWNLOAD

The Four Key Components of Successful Digital Transformation for Government This guide details four essential components for achieving successful digital transformation in Government: harnessing the power of SaaS and PaaS platforms, enabling data-driven decisions, improving access to comprehensive data, and fostering secure collaboration. DOWNLOAD

The Impact of Artificial Intelligence on the 2024 Election Experts at a Congressional Internet Caucus Academy briefing this week explored the role artificial intelligence played in the 2024 election, and the ways policy helped to reduce its negative impacts. READ MORE

The Peril — and Promise — of AI in Criminal Justice Innovation must come with transparency, safeguards and human oversight. We need to deploy the technology in ways that enhance rather than erode public confidence in the justice system. READ MORE

Three Steps for Getting Started with AI Chatbots This thought leadership paper details three steps your agency can take to kickstart an AI chatbot program. Real-world government examples show how AI chatbots can transform service delivery for constituents and improve efficiency for public sector employees. DOWNLOAD

Unauthorized Network Activity Downs Wash. Courts System The Washington state courts network remains offline more than a week after officials found “unauthorized activity.” The administrative courts office took it down Nov. 4 “out of an abundance of caution” and leaders are hopeful it can be restored next week. READ MORE

Unlocking Agility and Innovation with Modernization As agencies face stricter regulations and increasing demands for better services, updating their technology is crucial. 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

USDA Invests in AI, Funding a Pilot Program for Michigan The U.S. Department of Agriculture is funding a pilot program in Michigan with tech startup Syncurrent. The project will provide six rural communities with AI-powered tools to secure critical grant funding. READ MORE

Using a Sandbox to Explore Generative AI Creating a "sandbox" environment allows an agency to explore GenAI technology before broad rollout internally and to the public. The sandbox helps IT learn about appropriate uses and identify needed security controls and business policies. It can also support efforts to consolidate siloed data on a unified platform -- a key factor for AI to generate accurate content and search results. DOWNLOAD

Using AI to Transform Emergency Management — ICYMI Ladris CEO Leo Zlimen outlines how artificial intelligence can help government agencies and communities prepare for disasters, refine emergency response plans, mitigate risks and speed up the recovery process. READ MORE

Using HHS Data and Best Practices to Change Lives This thought leadership paper covers three major best practices, along with corresponding real-world examples, around how to use data more effectively for health and human services programs. The paper also explains the value of cloud-based tools for data transformation. DOWNLOAD

Washington Election Turnout Drops, Especially Among Young Voters Participation for Washingtonians 18-24 dropped 8.5 points from the 2020 election, but improved compared to 2016. READ MORE

What’s New in Digital Equity: All BEAD Proposals Approved Plus, the industry reacts to a new Federal Communications Commission chairperson, a North Carolina partnership with 211 aims to connect people to information in an emergency, and more. READ MORE

What’s the Future of Ranked Choice Voting After Tough Election Setbacks? Voters in five states rejected the voting system, while D.C. voters approved it. READ MORE

Why School Police May Not Be the Most Effective Way to Prevent Violence Properly trained and integrated into the school leadership team, they can be helpful in some ways, but they cannot fix societal problems and their presence can make students feel less safe. READ MORE

Why the NYC Tech Office Chose Cloud Modernization The New York City Office of Technology and Innovation (OTI) faced significant challenges with legacy applications, which struggled to meet constituent needs, posed security risks, and experienced frequent outages. To address these issues, OTI partnered with technology providers to migrate nearly 30 applications to the cloud. This case study details how OTI strategically handled its application modernization journey and shares critical lessons learned for other agencies. DOWNLOAD

With Connectivity as Its Goal, BEAD May Be Tech-Agnostic The North Star for the federal Broadband Equity, Access and Deployment program is comprehensive connectivity for all homes and businesses, officials said at the Connecting Communities Summit. That could come through fiber or fixed wireless. READ MORE

Workforce Development, Tech Investment Prepare IT Orgs for the Future In addition to upskilling and transforming their workforce, IT leaders in government are investing in enterprise technology that can scale for the future. READ MORE

State Comptroller DiNapoli and Uster County Executive Metzger report no evidence of any crimes having been committed by former Ulster County Commissioner of Finance Burton Gulnick Jr. in performing his official duties

On November 22, 2024, State Comptroller DiNapoli and Uster County Executive Metzger announced that there is no evidence of any crimes having been committed by former Ulster County Commissioner of Finance Burton Gulnick Jr.

A forensic examination and investigation of former Commissioner of Finance Burton Gulnick Jr. found no evidence of any crimes committed by Gulnick while he served in his government role, but did find weaknesses in county procedures that could leave it vulnerable to fraud, State Comptroller Thomas P. DiNapoli said.

“A thorough investigation by my office found no evidence that the former Commissioner committed fraud in his public position,” DiNapoli said. “Despite this, we have made several recommendations to Ulster County officials to strengthen financial practices and guard against potential fraud in the future. I thank County Executive Jen Metzger for referring this matter to my office and assuring the county’s full cooperation in this examination. I also thank County Comptroller March Gallagher, District Attorney Emmanuel Nneji, and the New York State Police for their work and assistance throughout our inquiry.”

“It was pretty shocking to learn less than three months after coming into office that the County's long-time top finance official was accused of pilfering funds from another organization, and I was very worried that he could have exploited his County position to steal from taxpayers," said Ulster County Executive Jen Metzger. "It comes as a great relief that the State Comptroller's Office found no evidence of fraud after an exhaustive 19-month investigation, and the comprehensiveness of the probe gives us great confidence in the findings. I thank Comptroller Tom DiNapoli and his team for their assistance in helping us to bring closure to this chapter and I will continue to do everything in my power to ensure the highest level of fiscal responsibility in Ulster County government.”

“I truly appreciate New York State Comptroller DiNapoli and his investigative team for reviewing Ulster County finances considering the criminal actions by our former Commissioner of Finance at other organizations,” said Ulster County Comptroller March Gallagher. “From the day I took office, former Commissioner of Finance Gulnick routinely resisted my information and access requests. I look forward to working with the Executive and Legislature to address the State Comptroller’s internal controls recommendations, particularly in the areas of cash collection and recording.”

In February 2024, Gulnick was sentenced to two years in jail after pleading guilty to stealing over  $100,000 total from local not-for-profit, Hurley Recreational Association, and from former County Executive Michael Hein’s campaign account. Gulnick had been removed from his position with the Association in February 2023 after the New York State Police opened an investigation into discrepancies in the Association’s finances. Unrelated to his positions with the Association or the campaign, at the time of his crimes Gulnick served as Ulster County’s Commissioner of Finance.  

After his crimes became known, Gulnick chose to resign rather than be placed on leave. In light of the allegations and Gulnick’s position in the county, County Executive Metzger requested DiNapoli’s office investigate Gulnick’s activities in his role at the county to determine if he had engaged in fraud against the public.

County officials initially raised the following concerns for review: potential time theft by one of Gulnick’s employees and concerns regarding a $120,000 payout from the county to Gulnick for unused accruals upon his separation from employment; potential theft from estate/trust accounts administered by the county; potential conflicts related to vendors hired in relation to estates administered by the county; and possible theft of cash collections from departmental revenues, including potential theft associated with real property tax collections.

These allegations, as well as various others which arose during the course of the examination, were fully investigated and no evidence was provided or uncovered to support the allegations of fraud. 

DiNapoli’s office reviewed and analyzed thousands of records, including an in-depth examination of county financial and bank records, estate files, Surrogate’s Court records, payroll records, and other pertinent documents. Additionally, investigators conducted dozens of interviews with relevant county officials and employees.

While no evidence of fraud was discovered, DiNapoli’s investigators found areas where the county could improve its policies and procedures to strengthen controls and safeguard county assets. 

DiNapoli recommended Ulster County:

• Ensure all supervisory adjustments or entries to employee timesheets and/or hours worked be adequately supported with appropriate documentation indicating the reason for the adjustment, entry, or modification;
• Review and revise the Personnel Policy Manual section related to management accruals and payout calculations to ensure equal application of the policy throughout the county;
• Develop policies and procedures over the administration of estates. This should include recordkeeping and reporting requirements, disclosure of conflicts, and vendor procurement for the estates;
• Ensure an estate file with sufficient supporting documentation is maintained for each estate administered by the county, and disbursements from each estate, as well as commission revenues, if applicable, are properly reflected in the county’s financial accounting system;
• Review the policies and procedures for the collection of parking fees at the county parking lot to maximize revenue and safeguard cash; and
• Ensure segregation of duties for all points of cash collection and reporting, including parking lot and real property installment payments.

In response, County Executive Metzger thanked the Comptroller’s office for its comprehensive investigation and agreed with the Comptroller’s findings and recommendations. Specifically, Metzger advised that in response to the recommendations:

• All supervisory employees were notified that they must enter a justification in the “notes” field for all manual time punches. Ulster County Information Services is working to implement software updates to the county’s timekeeping system so that the “justification” field must be filled out when supervisory adjustments are made to employee timesheets.
• The personnel director, with input from the county comptroller, will issue guidance to clarify payout calculation procedures and ensure a uniform application of those procedures across all county departments.
• The commissioner of finance will develop written, standardized policies and procedures for the administration of estates.
• The county will ensure all estates files contain sufficient supporting documentation, and all commission revenues are properly reflected in the county’s financial system.
• The county will review its policies and procedures for the collection of parking fees at the County Office Building.
• The county will ensure segregation of duties for all points of cash collection and reporting with regard to parking lot fees and real property installment payments.

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigations@osc.ny.gov or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.

Failure to exhaust administrative remedies held critical to a party filing a petition pursuant to Article 78 of New York State's Civil Practice Law and Rules

Supreme Court granted the motion of Board of Education of the City School District of the City of New York [DOE] to dismiss the Plaintiffs' petition to annul votes of the Panel for Education Policy [PEP] changing the utilization of New York City school buildings in Brooklyn and Queens because of Plaintiff's alleged failure to comply with provisions of the Education Law and [DOE] Chancellor's Regulation A-190.

Plaintiff appealed the Supreme Court's ruling.

The Appellate Division, citing Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, and Mulgrew v Board of Educ. of the City School Dist. of the City of N.Y., 88 AD3d 72, unanimously affirmed DOE's motion, without costs, opining "Supreme Court properly dismissed this proceeding based on [Plaintiffs'] failure to exhaust their administrative remedies, .

The court explained that Plaintiff's CPLR Article 78 petition challenged "the determination to locate or co-locate a charter school within a public school building . . . that has been approved by the board of education" for both buildings, which "may be appealed to the commissioner" of the New York State Department of Education under Education Law §310 (Education Law §2853[3][a-5]).

Thus, as shown by the DOE's exhibits, which included several decisions of the Commissioner of Education reviewing "the adequacy of educational impact statements and building usage plans, as well as compliance with procedural requirements, in challenges to PEP votes approving charter school co-locations in the City of New York", Petitioners' claims cannot be brought under CPLR Article 78, since they "can be adequately reviewed by appeal to a court or to some other body or officer", citing Education Law §§2590-h[2-a][b][i]-[vii], 2853[3][a-3][2][A]-[F].

Plaintiffs' had contended that the educational impact statements failed to adequately address the impact on class sizes. However, said the Appellate Division, "Even if this were such a violation", Plaintiffs would still be required to exhaust their administrative remedies by appealing to the Commissioner of Education.

In the words of the Appellate Division: "Contrary to the Plaintiffs' contention, the petition does not raise a pure question of law, as it challenges the facts underlying the DOE's assumptions of projected class size for the public schools to be housed with the co-located charter schools, and raises other factual allegations related to safety and traffic that they claim the DOE overlooked or insufficiently addressed, among other things".

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

 

Standing to file a petition pursuant to Article 75 of the CPLR seeking to modify an arbitrator's award

Section 7511(a) of Article 75 the New York State Civil Practice Law and Rules [CPLR] provides, in pertinent part, that "[a]n application to vacate or modify an [arbitrator's] award may be made by a party within ninety days after its delivery to him". 

Individual members of Corrections Unit 7800-09 [Corrections Unit], a collective bargaining unit [CBA] consisting of persons employed in certain titles by the Onondaga County Sheriff's Department are the Petitioners in this Article 75 action.

In the words of the Appellate Division: "Here, the CSEA brought the grievance on behalf of County employees covered by the CBA. The CBA provides that an employee may submit their own grievance to the County, however, it permits only the CSEA to submit a class action grievance". 

The CBA further provides that the CSEA may request arbitration with respect to a grievance, but no provision in the relevant CBA permits an employee to request arbitration, nor is there any provision in the controlling CBA that makes the employees a party to the collective bargaining agreement. Further, neither the Petitioners nor the Corrections Unit participated in the relevant arbitration and nothing in the record suggests that the Corrections Union instructed the CSEA to act on its behalf."

Accordingly, the Appellate Division concluded that the Petitioners in the instant appeal were not parties in the arbitration and thus they do not have standing to file a petition seeking to modify the arbitrator's award".

The Appellate Division's decision is set out below:

Matter of Brockway (County of Onondaga)

2024 NY Slip Op 05745

Decided on November 15, 2024

Appellate Division, Fourth Department

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.

Decided on November 15, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, NOWAK, AND HANNAH, JJ.

819 CA 23-01882

[*1]ADAM BROCKWAY, ET AL., PETITIONERS-APPELLANTS, AND COUNTY OF ONONDAGA, RESPONDENT-RESPONDENT.

THE TUTTLE LAW FIRM, CLIFTON PARK (JAMES B. TUTTLE OF COUNSEL), FOR PETITIONERS-APPELLANTS.

ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (MICHELLE K. DEKAY OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Danielle M. Fogel, J.), entered October 2, 2023. The order dismissed the petition to modify an arbitration award.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners are individual members of Corrections Unit 7800-09 (Corrections Unit), a collective bargaining unit consisting of persons employed in certain titles by the Onondaga County Sheriff's Department. Prior to January 30, 2019, the Corrections Unit was a part of the much larger bargaining unit, known as the Onondaga Local 834 of Civil Service Employees Association, Inc. (CSEA), which included virtually all employees of respondent County of Onondaga (County). In early 2020 and in response to the COVID-19 pandemic, the County closed its offices and facilities in whole or in part and instituted a series of measurements to address the emergency situation. The County required some County employees, however, to continue to work because they were deemed essential to County operations. Thereafter, the CSEA filed a grievance seeking additional compensation for covered employees who were required to report to work at County operations during emergency conditions, upon allegations that the employees were entitled to such compensation pursuant to a provision in the collective bargaining agreement between the CSEA and the County (CBA). The CSEA and the County, however, had entered into a Memorandum of Agreement (MOA) during the pandemic providing that employees would receive the "salary and/or regular daily wage or base rate of employees in the CSEA Bargaining Unit(s) through March 31, 2020 due to COVID 19, if employees in the CSEA Bargaining Unit(s) [were] scheduled to work or stand by from home by the County." The MOA further provided that it superseded all language in the CBA "as it relates to employee compensation and work assignments through March 31, 2020." After the CSEA and the County were unable to resolve the grievance, a demand for arbitration was filed by the CSEA. After a hearing, the arbitrator denied the grievance, finding, in relevant part, that the MOA superseded the relevant provision in the CBA. Petitioners assert that the CSEA's counsel's office advised the Corrections Unit that the County considered the arbitrator's award to apply to the Corrections Unit as well as the larger CSEA.

Petitioners thereafter brought the instant petition against the County, seeking an order modifying the arbitrator's award so that it provides that the award has no effect on the Corrections Unit or the collective bargaining agreement between the Corrections Unit and the County. Petitioners allege that, although the CSEA and the Corrections Unit have common representation through the CSEA's counsel's office, they are separate bargaining units with separate collective bargaining interests and separate collective bargaining agreements. [*2]Moreover, petitioners allege that the Corrections Unit was never asked to accept, nor did it sign off on, the MOA, and that the Corrections Unit did not authorize the CSEA to act on its behalf in the grievance. Supreme Court determined that petitioners did not have standing and dismissed the petition. We affirm.

CPLR 7511 (a) provides that "[a]n application to vacate or modify an [arbitrator's] award may be made by a party within ninety days after its delivery to him" (emphasis added). Further, when an arbitration results from a procedure outlined in a collective bargaining agreement, only those who are parties to the collective bargaining agreement can seek to vacate the arbitrator's award, unless the collective bargaining agreement grants those rights to a third party (see Matter of Alava v Consolidated Edison Co. of N.Y., 183 AD2d 713, 714 [2d Dept 1992]; see also Matter of City of Syracuse [Lee], 163 AD3d 1394, 1397 [4th Dept 2018]; see generally Matter of Wilson v Board of Educ. of City of N.Y., 261 AD2d 409, 409 [2d Dept 1999]).

Here, the CSEA brought the grievance on behalf of County employees covered by the CBA. The CBA provides that an employee may submit their own grievance to the County, however, it permits only the CSEA to submit a class action grievance. The CBA further provides that the CSEA may request arbitration with respect to a grievance, but no provision in the CBA permits an employee to request arbitration, nor is there a provision that makes the employees a party to the collective bargaining agreement (see generally Matter of Case v Monroe Community Coll., 89 NY2d 438, 442-443 [1997]; Matter of Diaz v Pilgrim State Psychiatric Ctr. of State of N.Y., 62 NY2d 693, 695 [1984]). Additionally, neither petitioners nor the Corrections Unit participated in the arbitration and nothing in the record suggests that the Corrections Union instructed the CSEA to act on its behalf. Thus, we conclude that petitioners were not parties to the arbitration, and therefore they do not have standing to petition to modify the arbitrator's award (see generally CPLR 7511 [a]; Matter of Widrick [Carpinelli], 155 AD3d 1564, 1564 [4th Dept 2017], affd 32 NY3d 975 [2018]; County of Westchester v Mahoney, 56 NY2d 756, 758 [1982]).

Entered: November 15, 2024

Ann Dillon Flynn

Clerk of the Court

The burden of establishing a prima facie case of unlawful discrimination within the meaning of New York States Human Rights Law is on the applicant or the employee, as the case may be

Petitioner, who had been born deaf, appealed a decision by the New York State Division of Human Rights [DHR] dismissing her complaint that the New York State Office for People With Developmental Disabilities [OPWDD] had unlawfully discriminated against her in violation of New York State's Human Right's Law [[NYSHRL] when OPWDD rescinded its offer to employ Petitioner "because of her hearing loss without first offering her a reasonable accommodation".

Citing Matter of Abram v New York State Div. of Human Rights, 71 AD3d 1471, the Appellate Division said a judicial review of the Division's determination, which adopted the findings of an Administrative Law Judge [ALJ] who had conducted DHR's public hearing of Petitioner's complaint, is limited to the issue whether the DHR's decision is supported by substantial evidence. 

The court then noted NYSHRL requires a petitioner to bear "the burden of establishing a prima facie case ... showing":

(1) the petitioner is a person with a disability within the meaning of the NYSHRL;

(2) an employer subject to the provision of the NYSHR had notice of the petitioner's disability;

(3) with a reasonable accommodation the petitioner could perform the essential functions of the job at issue; and

(4) the employer had refused to make such an accommodation.

The court opined that "there was no dispute that the first two elements" were satisfied as Petitioner was born deaf and used interpreters during her interview and physical examination with OPWDD. 

However, said the Appellate Division, DHR's determination as to the third element was not supported by substantial evidence, explaining that "Whether a job function is essential depends on multiple factors, 'including the employer's judgment, written job descriptions, the amount of time spent on the job performing the function, the consequences of not requiring the plaintiff to perform the function, mention of the function in any collective bargaining agreement, the work experience of past employees in the job, and the work experience of current employees in similar jobs'."

Rather than considering such factors and whether Petitioner made a prima facie case that she could undertake the essential functions of the job with or without reasonable accommodation, DHR adopted the conclusory determination that "[t]he physical requirements for the ... position" as set forth by the New York Department of Civil Service, and specifically the requirement that Petitioner must pass a hearing test, "are based on the essential functions of the job." That, opined the Appellate Division "was error".

Although written job descriptions, including the standards set by the Department of Civil Service, should be given deference in determining essential job functions in a reasonable accommodation analysis, no one factor is dispositive. Accordingly, said the Appellate Division, "DHR erred in making its determination based solely on the Department of Civil Service standards". Pointing out that the record established that "Petitioner had previously performed substantially similar work, that she was able to perform that job with an interpreter as an accommodation, and that OPWDD's governing accommodation policy provides that reasonable accommodation includes providing interpreters, the record demonstrates that petitioner met her prima facie burden as to the third element".

Addressing the fourth element, the Appellate Division said DHR determined that Petitioner "did not request a reasonable accommodation from" OPWDD, and then concluded that Petitioner failed to establish a prima facie case that OPWDD failed to provide reasonable accommodation. However, noted Appellate Division, "even where a petitioner 'did not request any specific accommodation' prior to initiating 'litigation, [NYSHRL] require[s] [employers] to engage in an interactive dialogue regarding possible accommodations once they bec[o]me aware of [a prospective employee's] condition' requiring accommodation."

In the words of the court, "... the implementing regulations specifically state that [t]he employer has a duty to move forward to consider accommodation once the need for accommodation is known or requested".* 

The Appellate Division concluded that Petitioner "met her prima facie burden as to the fourth element", thus shifting "the burden of production ... to [OPWDD] to rebut the presumption with evidence" that it chose not to hire Petitioner "for a legitimate, nondiscriminatory reason"

Noting that the ALJ's determination, "as adopted by DHR, erroneously concluded that [Petitioner] failed to demonstrate a prima facie case, no determination was made whether OPWDD rebutted the presumption", the Appellate Division annulled DHR's decision and remitted the matter to it "for a new determination".

* See 9 NYCRR 466.11[j][4], [Citation emphasized by the Appellate Division in its decision].

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

New York State Comptroller DiNapoli releases municipal and school audit reports

On November 18, 2024, New York State Comptroller Thomas P. DiNapoli announced the following municipal and school audits were posted on the Internet 

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

Edgemont Union Free School District – Information Technology (IT) (Westchester County) The IT director did not disable unnecessary user accounts in a timely manner. As a result, the district had an increased risk of unauthorized access to and use of the network. In addition to sensitive IT control weaknesses, auditors reviewed all 665 nonstudent network user accounts and determined that district officials did not disable 34 unneeded network user accounts that had last login dates ranging from July  2021 to July  2023. Officials also did not develop written procedures for adding, modifying or disabling nonstudent network user accounts.

Town of Albion – Supervisor’s Records and Reports (Oswego County)  The supervisor did not follow basic accounting practices by maintaining complete and accurate accounting records and financial reports. As a result, the supervisor provided financial records and reports to the board that contained significant errors, and the board lacked reliable information to manage the town’s financial operations. Auditors determined that the supervisor did not maintain a general ledger, subsidiary revenue and expenditure ledgers or cash receipts and disbursements journals to properly track financial activity. The supervisor’s 2023 revenue and expenditure budget-to-actual reports were not accurate. For example, the reports did not include $551,134 of real property tax revenue and a $109,000 expenditure for a storage building. In addition, budgetary transfers totaling $27,125 were improperly reported as actual expenditures. The supervisor also did not account for payroll-related liabilities, maintain proper cash control accounts and reconcile the town’s bank accounts. Lastly, the board did not conduct a thorough annual audit of the supervisor’s 2023 accounting records, as required by state law.

Caledonia Joint Fire District – Board Oversight of Long-Term Planning (Livingston County) The board and district officials did not develop written multiyear financial and capital plans or develop and adopt a written policy related to fund balance and reserves. For example, the board and district officials maintained a capital building reserve totaling $16,424 and planned to construct a multimillion-dollar fire station but did not develop a detailed written financial plan for this capital project. The board and district officials also did not develop a written vehicle and equipment replacement plan, and three board members did not know when these items needed to be replaced or their estimated replacement costs. Although the district had a capital equipment and apparatus reserve totaling $847,113, the board chair’s original estimated vehicle and equipment replacement needs indicated the district would need $2.7 million to replace these items over the next five years. Without written long-term financial plans, officials did not determine, among other things: how the construction and replacements would be funded long term; the sustained financial needs associated with constructing a new fire station and replacing old vehicles and equipment; or the effect these decisions would have on the district’s fund balance and the tax levy.

City of Lockport – Budget Review (Niagara County) Based on the results of the review, the significant revenue and expenditure projections in the proposed budget appear reasonable. Auditors expect 2024 fire department overtime expenditures to be within the adopted budget’s overtime appropriations. The overtime appropriations in the proposed 2025 budget were reasonable. City officials followed previous recommendations and decreased ambulance revenue estimates closer to actual revenues from $1,025,786 to $991,420; actual collections were approximately $941,000 as of Sept. 30, 2024. The city’s ambulance appropriations and revenue estimates in the proposed 2025 budget were reasonable and conservative.

Otisco Fire District – Audit Follow-Up (Onondaga County) The purpose of this review was to assess the district’s progress in implementing the recommendations in an audit report released in February 2017. Auditors found the district has not made progress in implementing corrective action. Of the three audit recommendations, two recommendations were not implemented, and one recommendation was not applicable for the period that we reviewed.

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Important reminders concerning New York State's Workers' Compensation Board hearings

With the New York State Workers’ Compensation Board’s [Board] reopening to the public by appointment for in-person hearings and other services, Board wishes to take the opportunity to issue a few important reminders:

• All hearings (whether in person or virtual) are formal, legal proceedings, and all parties of interest are required to abide by the Standards of Civility for Proceedings before the Board.
• Legal representatives are expected to attend hearings on time and in professional attire and should be prepared to address the outstanding issues at the hearing.
• All parties should be respectful in their communications at all times.
• Participants in virtual hearings should attend their hearing from an indoor, quiet location.
• Attorneys and representatives for the parties are encouraged to meet and confer prior to the hearing date to narrow and/or resolve the issues before the Judge.

Following these simple rules of etiquette will help ensure a better hearing experience for all involved.