Links to selected items focusing on govenmental operations posted on the Internet during the week ending December 6, 2024

A different health insurance company scam  "Ghost Networks" – provider directories which list doctors who supposedly accept the health insurance plans listed but don't. See New York attorney Steve Cohen's article about these scams, "Haunted by Ghost Networks," published on the Internet in KevinMD.com by clicking READ THE ARTICLE HERE

 

About the admissibility of AI evidence  A New York Surrogates Court addresses the admissibility of AI evidence. Posted on the Internet by Nicole Black, a Rochester, New York attorney. For more click HERE.

 

Actually, Pardons Aren’t Issued Often Enough  Fearing political backlash, governors use their clemency powers far less than they once did. But it’s a powerful tool for addressing injustice.  READ MORE

 

Adults Struggle in One of Nation’s Richest States  In Connecticut, 40 percent say they’re either struggling or just getting by financially.  READ MORE

AI is an Energy Hog, and Government Needs to be Aware  The environmental costs of using artificial intelligence tools is an area of growing concern for government technology officials. Transparency from vendors can shed light on their energy and water usage. READ MORE

 

AI Takes Center Stage at New York School Boards Convention  The New York State School Boards Association convention featured a keynote speech by an AI-driven robot and discussions about creating IEPs and lesson plans. READ MORE

At a Glance: Digital States Awards 2024 (Infographic)  In the biannual Digital States Survey, top performers are prioritizing cybersecurity and constituent services, as well as harnessing AI. The following takeaways offer a snapshot view. READ MORE

Austin Responds to Inflammatory AI-Generated Public Comment  Officials in Austin, Texas, received a racially targeted public comment during a recent City Council meeting, generated by artificial intelligence. They are now working to ensure this time is reserved for actual constituents.  READ MORE

 

Auto Insurers to Pay $11M+ to N.Y. State After Cyber Attack  GEICO and Travelers, the national insurance companies, will pay the penalties for poor data security. A 2020 cyber attack that leaked data from more than 120,000 New York customers enabled hackers to use that information to file fraudulent unemployment claims. READ MORE

 

Bureaucracy-Tangled Federal Fire Managers Are Failing the States  Wildfires will continue to rage out of control unless federal forest managers learn from Western states how to properly steward public lands and contain their fires.  READ MORE

 

California Utilities Produce More Solar Energy Than the State Can Use  Solar farms are being shut off, losing more than twice as much potential power than in 2021. The surplus would be worse if utilities weren’t paying other states to take some of the excess.  READ MORE

 

Charlotte, N.C., Appoints Markell Storay as City CIO He takes over for Reenie Askew, who had held the job since 2019. Charlotte has recently won recognition for its technology leadership, and Storay brings both city and federal experience to his new job. READ MORE

 

CISA Learning Offers Cyber Training for Government Staff, Veterans and More  The Cybersecurity and Infrastructure Security Agency is launching CISA Learning, a new learning management platform to help with cybersecurity training and much more. READ MORE

 

Cities Cut Red Tape to Promote Office-to-Housing Conversions  With a fifth of the nation’s office space sitting empty, cities from Atlanta to Seattle are easing or ending regulations to make conversions more affordable and therefore more likely.  READ MORE

Climate Change Tech, Research Faces Challenge The 2024 Republican platform could have a ripple effect on climate change research. Two California university researchers say the next four years will be stressful, but technological innovations give them hope. READ MORE

 

Connecticut City Could Use AI for Police Field Reports  The City Council in Meriden, Conn., voted to increase its body camera, taser and training budget to allow for an artificial intelligence program that, among other things, quickens police report writing. READ MORE

 

Could Robots Be the First Responders of the Future?  Humanoid robots could offer valuable support before human first responders arrive on the site of an emergency. The Italian Institute of Technology has a prototype in the works. READ MORE

 

Cybersecurity and Critical Infrastructure Under Trump  The president-elect is expected to take a predominantly deregulatory approach to technology, and to aggressively pursue foreign cyber threat actors. He returns to office in a time of international tension in cyber space. READ MORE

 

Denver’s New CISO Prioritizes People to Bolster Security  Denver appointed a new chief information security officer, Merlin Namuth, in October. He is building relationships as the foundation for a people-centered approach to cybersecurity in the city and county. READ MORE

 

Do You Trust Your Mass Notification Capabilities?  When It Counts the Most, Be Confident in Your Emergency Notifications  Get the eBook

 

Does Tennessee’s Ban on Transgender Care Violate the Constitution? The Supreme Court will hear arguments on Wednesday in a case contending the ban violates the Equal Protection clause. If the Court upholds the law, Congress could pass a national ban.  READ MORE

 

DOGE Can Work By Sending Power to the States The way to make the federal government more efficient on a permanent basis is not one-time cuts but devolving authority over many programs to state governments. READ MORE

 

Eliminating Weak Links: Securing Evolving IT Landscapes  In today's fast-changing environment, modern solutions are needed to strengthen security, improve visibility and simplify administration across networks, clouds, applications, users and endpoints.  DOWNLOAD

 

Executing Organizational Change Management for System Implementations  OCM increases the success of new system implementations, business processes, and organizational structures. DOWNLOAD NOW

 

Facing $1.5B Budget Hole, San Diego Considers Emergency Cuts The city’s finances were already in poor shape but suffered a blow last month when voters rejected a $400 million-per-year sales tax hike. READ MORE

 

Few States Still Require High School Graduation Exams  Last month, Massachusetts voters approved a measure ending the requirement that students pass a test to graduate. In 2012, half the states required such tests, but the number will soon drop to a half-dozen.  READ MORE

 

Free Template: Crisis Management and Communications Plan  Rely on a structured, proven, preestablished crisis management and communication plan designed specifically for your municipality.  Download Toolkit

 

FTC Slams Weapons-Detection Tech Firm Evolv for Marketing  The federal agency accused the company of making false claims about its tools, which are used in schools and by public transit. The company denies wrongdoing but might have to let some clients cancel contracts. READ MORE

 

Generative AI in Patent Drafting and Prosecution  Designed for attorneys interested in integrating AI into their legal work. The webinar covers several key areas: An introduction to AI's impact on legal practice An overview of various AI tools available for legal.  View More

 

GovTech Leaders Building Stronger Communities  Find out why your organization may want to partner with these leaders to transform your operations and services! DOWNLOAD PAPER

 

Hackers Steal $950K from Marin County, Calif., Housing Authority  Jason Balderama, a county technology official, has started working as a consultant for the housing authority to coordinate the investigation and advise on how to strengthen its Internet defenses. READ MORE

 

Higher Ed Changes Loom Under a Second Trump Administration  Trump has vowed to eliminate the Department of Education in his second term. Even if he stops short, the administration will bring policy changes to colleges and universities and new scrutiny to diversity, equity and inclusion policies.  READ MORE 

 

Homebound Seniors Living Alone Slip Through Health System's Cracks  Far more seniors live by themselves and can only leave their homes with difficulty than live in nursing homes, yet they receive less policy attention. That can lead to bad health outcomes.  READ MORE

 

How AI Could Help Victims of Domestic Violence, Other Crimes  With more than 10 million people physically abused by an intimate partner each year, according to statistics, domestic violence experts and software developers say artificial intelligence can help. READ MORE

 

How Community College ‘Deserts’ Deter Students from Getting a Degree Black and Hispanic high schoolers in Texas who have to drive more than 30 minutes to a community college are more likely to forego college altogether, a new report finds.  READ MORE

 

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 Smart Governments Are Cutting Costs While Better Engaging Residents  Your boss will love you when you provide these cost-cutting solutions. Learn to harness the power of digital government and its digital channels to engage residents better and reduce bottom-line expenses.  Download Now

 

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 brief explains how agencies can start using AI, why the cloud is important, and what needs to be done around data governance.  DOWNLOAD

 

How U.S. Cities Can ‘Upzone’ Without Compromising Affordability  Critics of liberalizing housing construction are concerned that looser zoning rules could make existing houses more expensive. Fortunately, this worry is somewhat overblown.  READ MORE

 

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

 

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

 

Intel Gets CHIPS Act Funding for Ohio Semiconductor Plants  The U.S. Department of Commerce has awarded Intel more than $7.8 billion under the CHIPS incentives initiatives for commercial fabrication facilities. The company has said it needs the money to build semiconductor fabrications plants in the Columbus, Ohio, area.  READ MORE

 

Iowa Gov. Seeks to Ban Cellphone Use in Schools  Gov. Kim Reynolds praises districts that have already restricted phones but says a statewide ban will be a 2025 priority. Such policies around the country have run into problems with courts.  READ MORE

 

Is a Bus Ticket Home a Solution for Homelessness?  Cities in California and other states offer unhoused people transportation to somewhere else. But the number of people who can benefit is small, and it’s hard to tell what happens to them where they end up. READ MORE

 

Keeping up With Cybersecurity Threats Across Government Systems  How agencies are evolving to address cybersecurity threats and safeguard against vulnerabilities.  DOWNLOAD NOW

 

Kentucky Program Teaches Students How to Hear Different Opinions  The program brings together students from four universities. Coming from different backgrounds, they learn how to interact respectfully and absorb challenging perspectives.  READ MORE

 

Labor’s Future After Wisconsin Anti-Union Law Struck Down  A judge has ruled unconstitutional the core of Act 10, the state’s famous 2011 law that ended collective bargaining for most public employees. Republican legislators vowed to appeal the decision. 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 Redesigning Your Website Fast and Easy  Ready to elevate your community's online presence? Download our comprehensive website redesign kit to get expert advice, tailored timelines, and scalable solutions for cities and counties of any size!  Get My Checklist

 

N.J. AI Task Force Report Addresses Workforce, Innovation Created by Gov. Phil Murphy in October 2023, the group wrapped up last month by issuing a required report with recommendations. It could be re-formed if needed, but the state’s work in artificial intelligence continues. 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

 

Number of Young Offenders Receiving Diversion Offers Doubles in South Dakota  Thanks to new funding from the state, county diversion programs for juveniles have increased dramatically. A new report finds that they’re successful more than 80 percent of the time.  READ MORE

 

NYC Moves to 3D Records for Property Valuation  New York City’s latest migration from 2D to 3D records helps remove frustrating delays and ambiguity in the complex property tax system.  READ MORE

 

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. READ MORE

 

Pennsylvania Props Up Transit Systems Across State  Big city transit systems receive more than half their operational funds from the state. That’s a far higher percentage than Boston, Chicago or New York.  READ MORE

 

Pennsylvania Still Struggles to Attract New Businesses  There’s a lot of talk in Harrisburg about reducing regulations, but much of the economic development effort still focuses on tax credits. Four different programs meant to draw businesses have little to no participants.  READ MORE

 

Philadelphia Rethinks Its Approach to Public Housing  After tearing down high-rises and building more townhomes, the city is trying a mixed-used approach that blends towers with other amenities.  READ MORE

 

Portland, Ore., Man With Autonomous Vehicle Suit  His lawsuit, filed last week, alleges a Tesla in self-driving mode ran through a stop sign and broadsided his car; it’s one of the first of its kind in Oregon. The suit, however, does not list Tesla as a defendant.  READ MORE

 

Providing Cloud-Enabled Assistance to Empower Government  This thought leadership paper covers how these five govtech leaders have enhanced healthcare, public safety, transportation, agency processes and more.  DOWNLOAD NOW

 

Recreation Management software:  To access a self-guided demonstration of this program click HERE.

 

Rural City Embraces Art as a Prescription for Community Health 
Evidence is growing that participation in art has public health benefits. Rhinelander, Wis., is using it as a remedy for social isolation. READ MORE

 

Seattle Area Buses Deploy AI Cameras to Spot Lane Violations  Last month, King County Metro started a pilot project mounting cameras equipped with artificial intelligence on two buses to watch for drivers in transit-only lanes. READ MORE

 

Sioux Falls’ Mayor: “This could not be going better.”  The city's new tech-enabled transit service is winning over residents and city leaders alike. READ NOW

 

Some municipalities may waive imposing court sentences on homeless people  Mostly adopted in Central Florida, this new procedure allows prosecutors to waive court sentences in exchange for homeless people getting treatment, housing and jobs.  READ MORE

 

Snow Emergency Closes Government Offices in Ohio Mountains of snow continue to provide problems for area governments, school districts and residents, as more than three feet of snow accumulated across the northern parts of Ashtabula County. 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

 

Stanford Case Study Probes Positive Change at Calif. DMV  The report examines how the once-beleaguered state Department of Motor Vehicles has, under the leadership of Director Steve Gordon since 2019, transformed many processes, migrated transactions online and eased public interactions. 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

 

Steps for Getting Started with AI Chatbots Real-world government examples show how AI chatbots can transform service delivery for constituents and improve efficiency for public sector employees. DOWNLOAD

 

Strengthening Multicloud Security in Government  Learn how a CNAPP empowers governments with visibility, automation, and Zero Trust strategies to protect against evolving cloud security risks. DOWNLOAD PAPER

 

Tech-Powered Transit Wins Big in 2024 Election  One encouraging trend from the ballot box: major transit measures won, including expanding on-demand microtransit. READ NOW

 

Texas Tech Discloses Cyber Attack on Health Sciences Centers  A cyber attack on Texas Tech University's health sciences centers in September resulted in access to, or removal of, files containing private data such as names, birthdates, financial accounts and medical information. 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 Steps That Can Achieve Real Government Efficiency  It makes sense that the Trump administration is looking for ways to cut spending. But the way they’re going about it is all wrong. READ MORE

 

Thinking Twice About Sales Tax Holidays  ’Tis the season: State politicians love to proclaim temporary tax respites, but they rarely achieve their stated objective of boosting economic activity. Poor timing, poor design — or just a bad idea?   READ MORE

 

Three Steps for Getting Started with AI Chatbots  Real-world government examples show how AI chatbots can transform service delivery for constituents and improve efficiency for public sector employees. DOWNLOAD

 

UCLA Wireless Bus Charging Project Aims for Broader Impact  The endeavor, on the University of California, Los Angeles campus, is intended to make charging seamless. Its infrastructure, to be in place by the 2028 Summer Olympic Games, could be used by numerous transit operators. READ MORE

 

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

 

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

 

Westmoreland County, Pa., Chip Maker to Get $3M from Feds  The award, part of the federal CHIPS Act, will aid a company in business since 1986. Powerex may be one of the last such vertically integrated entities in the U.S., creating silicon chips for power systems in MRI machines and elsewhere. READ MORE

 

What Lies Ahead for Local Environmental Policies  The Trump administration is likely to reverse some climate policies but local officials are determined to continue addressing impacts on their communities. READ MORE

What’s New in Digital Equity: San Diego Creates Master Plan  Plus, Kansas will soon open funding applications to expand connectivity, a Colorado county is receiving federal funding for broadband, the economic benefits of improving Internet access in Harlan County, Ky., and more. READ MORE

 

What’s New in Digital Equity: U.S. Supreme Court Addresses USF  Plus, more states have been awarded federal funding from the Digital Equity Capacity Grant Program, and the city of Boulder, Colo., has announced a new partnership to expand community broadband.  READ MORE

 

New York City Office of Administrative Trials and Hearings [OATH] posted a recent decison on the Internet

OATH Administrative Law Judge Seon Jeong Lee recommended dismissal of charges brought against a captain who allegedly engaged familiarity by retrieving an envelope containing narcotics contraband from the jail cell of one person in custody and delivering it to another person in custody.

The Agency's proof principally consisted of surveillance footage of the captain retrieving envelopes from the jail cell of a person in custody, as well as audio recordings of phone calls made by two persons in custody arranging for the delivery of contraband.

Judge Lee determined that the agency failed to establish the charges because it did not prove that one of the detainees was on the audio recordings arranging for delivery of contraband and that the surveillance footage did not show the captain transporting the alleged contraband.

The ALJ also found gaps and inconsistencies in the agency’s proof, such as its  failure to offer testimony of any witnesses and the investigator’s failure to interview material witnesses, including the captain. 

Click HERE to access Judge Lee's decision and recommendation posted on the Internet.

The tolling of the Statute of Limitations with respect to the timely filing an application seeking the removal of a member of a school board with the Commissioner of Education

Two members of a school board [Petitioners] filed separate applications seeking the removal of another member of the school board [Respondent] with the New York State Commissioner of Education. The Commissioner consolidated the Petitioners' applications for decision as they concern common questions of law and fact.

Petitioners contended that Respondent disclosed confidential information at a public board meeting and, as such, should be removed from the board. Respondent argued that the applications should be denied as untimely and, further, claimed that Petitioners have failed to meet their burden of proving that Respondent's removal is warranted.

Citing 8 NYCRR 275.16, the Commissioner denied both applications on the ground that both were untimely, explaining that an appeal to the Commissioner must be commenced within 30 days from the decision or act complained of, unless any delay is excused by the Commissioner for good cause shown and that this 30-day limitation "also applies to a removal application pursuant to Education Law §306. Observing that the Commissioner has held that a removal application is timely when commenced within 30 days of the petitioner’s good faith discovery of the challenged conduct, even if the actual conduct occurred more than 30 days prior, the Commissioner noted that Petitioners, as members of the board, executive sessions in which board members discussed the alleged confidential information.

The Commissioner pointed out that the 30-day “time limitation is not tolled until petitioners obtain a satisfactory explanation for the actions about which they complained".  Noting that the Petitioner applications were served on June 25, 2024, far more than 30 days after an attorney’s April 2024 report provided additional information and insights concerning the matter, the Commissioner ruled that Petitioners' applications must be denied as untimely.

Another issue noted by the Commissioner: Although the record in this matter is limited, [1] it was not apparent how the general issue presented by Petitioners "fits within any of the enumerated purposes for an executive session" as defined in Public Officers Law §105 and [2] the revelation cited by Petitioners as uttered during the public session would not likely support removal of the Respondent.

Lastly, the Commissioner granted Respondent's requests a Certificate of Good Faith pursuant to Education Law §3811(1).  Such a certification is solely for the purpose of authorizing a board of education to indemnify a respondent for costs incurred in defending against a proceeding arising out of the exercise of the respondent’s powers or the performance of the respondent’s duties in good faith as a board member or other official listed in §3811(1). As Petitioners' applications were dismissed on procedural grounds without any findings on the merits, the Commissioner certified that Respondent was entitled to the requested certification.

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

A civil penalty in the amount of $6,500 is imposed on a former New York City employee by the New York City Conflicts of Interest Board

The New York City Conflicts of Interest Board adopted New York City Office of  Administrative Trials and Hearings Administrative Law Judge [ALJ]  Seon Jeong Lee’s recommendation to impose a $6,500 civil penalty on a former project manager [Respondent] who operated a private ticket-selling business while employed by a New York City agency.

The ALJ found the agency established that Respondent, a project manager at this City agency, violated Section 2604(b)(2) of the New York City Charter by storing files related to his private business in his employer's computer and using his agency e-mail account for that business. 

Click HERE to access Judge Lee's findings and recommendation and the Conflicts of Interests Board's decision posted on the Internet.

Paid Family Leave webinar for employers and HR professionals scheduled by the New York State Workers' Compensation Board

Paid Family Leave [PFL] is employee-paid insurance that provides employees with job-protected, paid time off from work to bond with a new child, care for a family member with a serious health condition, or assist when a spouse, domestic partner, child, or parent is deployed abroad on active military service.

Since PFL began in 2018, benefits have been significantly enhanced to further improve the lives of working New Yorkers and their families, including more time off, more uses for PFL, and more financial security.

The New York State Workers’ Compensation Board [WCB] will host a free PFL webinar specifically for employers and HR professionals to share what’s new for 2025 on Tuesday, January 14, 2025; 12:00 p.m. – 1:00 p.m. The presentation will include information concerning the higher maximum weekly benefit amount and the updated employee contribution rate. This one-hour, online webinar session will also provide an overview of New York State’s landmark PFL benefit, including eligibility, and "how you take it". In addition, there will be time at the end of the webinar for questions.

Click here to Register.

New York State offers complete details on PFL at PaidFamilyLeave.ny.gov, including updates for 2025. Visit the employer page for helpful resources, including employer forms, fact sheets and past webinars.

Click here to Sign up to receive PFL news via e-mail, including information on future webinars. Help is also available via a toll-free PFL Helpline at (844) 337-6303, Monday through Friday, 8:30 a.m. – 4:30 p.m.

If interested individuals cannot attend this webinar, the WCB invites those interested to visit its Internet site by clicking Webinar FAQs.

New York State Comptroller posted the following on the Internet of particular interest to members of the New York State and Local Retirement System

Protecting Yourself from Scams Your retirement account can be an attractive target for scammers and imposters who continue to find new ways to try to impersonate government agencies, such as NYSLRS or the Social Security Administration. Learn to distinguish fake messages from official NYSLRS communications and protect yourself from scams. Read More...

Requesting Additional Service Credit Service credit is one of the major factors in calculating your NYSLRS pension. You earn a year of service credit for each year of full-time employment with a public employer in New York State. In some cases, you may also be able to request additional credit for past or military service, which could increase your pension. Read More...

How School Employees Earn NYSLRS Service Credit While most New York teachers and administrators are in the New York State Teachers’ Retirement System, other school employees are members of NYSLRS. In fact, 1 out of 5 NYSLRS members works for a school district. Usually, their employment is tied to the school year, which is often 10 or 11 months long. So how does NYERS determine service credit for school employees? Read More...

 

New York State Comptroller Thomas P. DiNapoli releases Municipal and School District audits

On December 2, 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 item posted.

Town of Oxford – Procurement (Oswego County)  Town officials did not always use a competitive process when purchasing goods or services, as required. Of the purchases totaling $1.7 million reviewed, town officials did not seek competition for purchases totaling $848,783. As a result, the board did not ensure that the town obtained the most favorable terms in the best interests of its taxpayers.

Randolph Academy Union Free School District – Capital Asset Inventory Records (Cattaraugus County)  District officials did not maintain complete and accurate capital asset inventory records. The superintendent was responsible for maintaining these records but was unfamiliar with the requirements of, and did not comply with, the district’s capital asset policy. As a result, of the 90 capital assets with a total cost of approximately $93,000 that were selected for review - four laptop computers with a purchase cost totaling approximately $2,000 could not be located, and five capital assets with a purchase cost totaling approximately $3,000, including a gaming laptop, a karaoke machine and noise canceling headphones, were not included on the inventory records, making them more susceptible to theft.

Oakfield-Alabama Central School District – Procurement (Genesee County)  District officials did not always comply with state law or the district’s procurement policy and supplemental procedures when procuring goods and services. Of the 62 purchases totaling $4.9 million that were tested, district officials did not have evidence that goods and services totaling $930,806 were competitively procured. As a result, there is an increased risk that goods and services were not obtained at a favorable cost.

Town of Volney – Financial Operations Oversight (Oswego County)  The supervisor did not perform his financial responsibilities, and the board did not provide adequate oversight of financial operations. As a result, the town may have levied more taxes than necessary. Specifically, the supervisor did not maintain financial accounting records or present records to the board for audit as required by state law. Because of this, the board was unable to monitor the town’s overall finances or conduct required annual audits. The board also adopted budgets for fiscal years 2023 and 2024 that were not based on prior-year results of operations. In addition, transparency was impaired because the town’s 2021, 2022 and 2023 Annual Financial Reports were not filed with the Office of the State Comptroller.

Village of Sloan – Clerk-Treasurer (Erie County)  Although the clerk-treasurer generally recorded financial transactions accurately, transactions were not always recorded in a timely manner. The clerk-treasurer also did not provide timely or accurate financial reports to the board. As a result, the board may have made financial decisions with inaccurate and out-of-date financial information. Auditors also found the cash balances reported on the monthly treasurer’s reports that were provided to the board approximately six weeks after month-end were not accurate. Had the clerk-treasurer performed and the board reviewed bank reconciliations, these inaccuracies would have been identified and corrected.

City of Newburgh – Budget Review (Orange County)  The city’s use of approximately $3.2 million of fund balance to close gaps in the budget decreases the fund balance that is available to cover unforeseen circumstances. The city should refrain from including the additional $1.5 million revenue and corresponding expenditures in its 2025 adopted budget for the New York State Touring Route Program because there is no assurance the state will appropriate additional money for this program in fiscal year 2025-26. The city could potentially face a shortfall of $1.2 million in metered water revenue and $752,730 in sewer usage revenue if revenue estimates are not realized. The city has budgeted $23.9 million for personnel services in the general fund. However, the city’s proposed budget includes a reduction of $3.7 million in the general fund for a “vacancy factor,” a budgeting technique used by the city to account for open personnel positions, which may not be prudent, as it leaves personnel services appropriations with insufficient amounts to cover expenditures. Auditors found the appropriations for personnel services are likely underestimated by as much as $3.7 million. In addition, budgeted funding for police overtime of $748,605 is likely underestimated by at least $982,269. The proposed budget does not include a contingency appropriation in the general fund. Nor does it include a tax overlay, which could potentially create a revenue shortfall in 2025. Finally, the proposed budget includes a tax levy of $24.5 million, which is $115,087 from exceeding the tax levy limit.  

Jefferson County Industrial Development Agency (JCIDA) – Audit Follow-Up  The JCIDA has demonstrated minimal progress implementing recommendations in an audit report released in October 2020. Of the five audit recommendations, one recommendation was fully implemented, two recommendations were partially implemented, and two recommendations were not implemented.

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Applying the Ministerial Exception doctrine to complaints filed with the New York State Division of Human Rights

The New York State Division of Human Rights [DHR] dismissed Plaintiff's hostile work environment claim filed against his former employer, the Diocese of Buffalo [Diocese], concluding that the "ministerial exception"* that flows from the First Amendment to the Constitution of the United States deprived the DHR of jurisdiction over Plaintiff's complaint. 

Plaintiff appealed DHR's ruling.

A New York State Supreme Court, holding that "the absence of controlling authority does not constitute a rational basis" to determine that the ministerial exception barred review of [Plaintiff's] hostile work environment complaint, ruled that DHR's determination to that effect was an error of law. Reversing DHR's dismissal of the  Plaintiff's complaint, Supreme Court remanded the matter to DHR. 

Both DHR and the Diocese appealed the Supreme Court's ruling.

The Appellate Division, holding that Supreme Court did not give "requisite deference" to DHR, applied that standard of review to the matter and opined that DHR's "determination with respect to the hostile work environment claim is not arbitrary and capricious or affected by an error of law" because "there is no controlling ... precedent and the federal courts that have addressed the issue are divided on the extent to which the ministerial exception applies to [such] claims".

Plaintiff appealed the Appellate Division's ruling.

Noting that the United States Supreme Court has expressly held that the ministerial exception is an affirmative defense, not a jurisdictional bar, the New York State Court of Appeals concluded that DHR's determination was affected by an error of law, reversed the order of the Appellate Division and remitted the matter to the Appellate Division with directions to remand the Plaintiff's hostile work environment claim to the DHR "for further proceedings ...".

In the words of the Court of Appeals, "[because] DHR erred in treating the ministerial exception as a jurisdictional bar rather than an affirmative defense, its determination was affected by an error of law." The court said that in its reaching that conclusion it expressed "no view on whether any of the Diocese's defenses are meritorious" and "the order of the Appellate Division should be reversed, with costs, and matter remitted to that Court with direction to remand to DHR for further proceedings in accordance with this opinion".

* The Court of Appeals' decision noted the "ministerial exception is a doctrine grounded in the First Amendment to the Constitution of the United States and recognized by the United States Supreme Court in two recent decisions: Hosanna-Tabor Evangelical Lutheran Church and School v EEOC (565 US 171 [2012]) and Our Lady of Guadalupe School v Morrissey-Berru (591 US 732 [2020])." 

Those decisions, said the court "explain that the ministerial exception 'protects the right of religious institutions to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine' by supplying an affirmative defense to claims brought under 'laws governing the employment relationship between a religious institution and certain key employees'".

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