Links to selected items focusing on govenmental operations posted on the Internet during the week ending December 13, 2024

AI & Local Gov: 5 Ways to Better Resident Service  Learn how you can start using AI to improve services and avoid the biggest pitfalls. Plus, how other agencies are being awarded for AI use.  Get the Guide

 

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

 

Are you using software specifically designed for legal professionals? New York attorney Nicole Black addresses using legal-specific tools for meeting an attorney's ethical obligations to comply with confidentiality and data security requirements. Click HERE for 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

 

California Police Use AI to Transcribe Body Cam Videos A new front in the battle over the benefits of AI versus its risks is opening up in law enforcement, where police are increasingly using the software to write up incident reports — to the concern of civil libertarians. READ MORE

 

Colorado Springs E-Bike Debate Yields City Council Split  The city’s Parks, Recreation and Cultural Services Advisory Board has approved a policy to expand electric bike access on city trails, but an official City Council decision won’t come until February. READ MORE

 

Constituents Say Identity Verification is Difficult  Weak and outdated identity verification methods aren’t just risky — they’re frustrating for the public. READ ARTICLE

 

Cyber Attack Threatens Part of Mich. Township’s Bond Money  White Lake Township was “a victim of a sophisticated cybersecurity attack,” its police chief said. The incident has compromised a portion of $29 million in infrastructure bond funds. Federal authorities and local police are investigating. READ MORE

 

Cybersecurity Heads Up NASCIO’s 2025 Top 10 CIO Priorities  Artificial intelligence may have been the topic on many minds this year, but cybersecurity and risk management topped NASCIO’s annual list of the top 10 priorities for state CIOs. AI did, however, rise to second place this year. READ MORE

 

Cybersecurity Steps Every Local Government Should Take Cyberattacks pose a threat to all levels of government, but they can be especially disruptive to local government organizations. This thought leadership paper breaks down all the actions local governments need to take to be fully prepared for evolving cyber threats. DOWNLOAD

 

Dade Phelan Bows Out as Texas House Speaker Phelan narrowly survived a primary challenge and lacked the support of a majority of House Republicans. Having angered conservatives with the impeachment of Attorney General Ken Paxton, Phelan dropped out the day before leadership elections. READ MORE

 

Digitized Discrimination: A Study of Hiring Assessments  Many organizations have incorporated technology into their hiring processes. The Center for Democracy and Technology studied how one hiring technology — digitized assessments — impacts job seekers with disabilities. READ MORE

 

East Coast States’ Climate Coalition Considers Ways to Expand  Eleven states belong to the 20-year-old Regional Greenhouse Gas Initiative, which created the nation’s first regional cap-and-invest system for reducing carbon emissions. With the change in administration, RGGI may set more aggressive emissions reduction goals. READ MORE

 

Electric School Buses Are Helping Out the Grid in Illinois  A Bus2Grid project in Illinois will not only send electric school buses to 13 school districts, but enable them to discharge unneeded power back to the district, or an electric utility, when needed. 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

 

Factors Associated with Economic Success For local leaders to improve the conditions that lead to upward mobility and racial equity, they need to know what to change and how. VIEW THE UPWARD MOBILITY FRAMEWORK

 

Florida Delays Expansion of Children’s Health Insurance Until Trump Term The Biden administration approved the state’s own plan to offer coverage to 42,000 families. But Gov. Ron DeSantis is worried about its requirement to offer coverage for a full year. READ MORE

 

From Europe to South Africa: Where Is the World on Cyber Defense? As we wrap up 2024, two new reports suggest that Europe and leading African nations share many of the same cyber threats and potential cybersecurity solutions as their U.S. counterparts. READ MORE

 

GM Puts the Brakes on Cruise, Turns to Autonomous Tech  After a year of trying to refocus and relaunch the robotaxi program following an October 2023 pedestrian crash, the automaker will instead shutter Cruise. GM will pivot to focus on delivering autonomous tech in personal vehicles. READ MORE

 

Government Must Be Willing to Reimagine Says San Jose Mayor  Matt Mahan, mayor of San Jose, Calif., politely pushed back on calls to slash government and cautiously answered a question about the planned federal Department of Government Efficiency, during the GovAI Coalition Summit. READ MORE

 

Government Wrapping Up Its Corruption Case Against Former Illinois Speaker  Prosecutors allege that Mike Madigan, the former Democratic speaker, and associates directed companies to provide campaign contributions and no-show jobs to allies. The defense will begin its presentation at trial next week.  READ MORE

 

Have Weather Events Cost Your Jurisdiction? Local governments and the business communities they serve should be close allies in the fight against severe weather. DOWNLOAD PAPER

 

How AI, Security, Inclusion Redefined Government in 2024  In a pivotal year, governments enacted AI laws, strengthened defenses, bridged the broadband gap, and prioritized accessible, user-friendly digital services. As 2025 nears, most jurisdictions still lack fully mature AI frameworks.  READ MORE

 

How Award-Winning Governments Are Using AI In our guide, see how agencies are using AI to improve service for both residents and internal teams. Plus: AI pitfalls to watch for.  Get Your Copy

 

How Birmingham, Ala., Used Tech to Support Youngest Learners  Mayor Randall Woodfin writes about how collaboration between cities helped shape the Birmingham Talks program, which was inspired by work in other cities that used tech to help children with language. READ 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 Massachusetts Went 'All In' on Cloud Modernization The Massachusetts Executive Office of Education (EOE) needed to modernize more than 130 applications in order to track students' educational journeys. This case study covers how EOE handled its monumental cloud transition, the cost savings it realized through the project and lessons learned that other government organizations can follow. DOWNLOAD

 

How New AI Dashcams Could Improve Small-Town Policing  Hickman County, Tenn., is a sparsely populated county with a limited budget for law enforcement. But the deployment of new dashcams backed by artificial intelligence is giving fresh advantages to the police there. READ MORE

 

How to Increase Weather Resilience Of 96 agencies surveyed, NONE of them said they were engaged in extensive public-private collaboration around weather. That’s pretty shocking! DOWNLOAD NOW

 

How Your Data Strategy Leads to Better AI This paper highlights the necessity for a unified data strategy in state and local government to facilitate effective AI implementation. Fragmented data systems create barriers to AI by complicating data access, management, and security. DOWNLOAD

 

Huge Field Taking Shape for 2025 New Jersey Governor’s Race  Mayors, state legislators, members of Congress – much of New Jersey’s political class hopes to succeed term-limited Democrat Phil Murphy next year.  READ MORE

 

In 2024, the Powerful Potential of AI Took Hold  The transformative power of AI was embraced by many state and local governments this year. Dedicated AI leadership positions and task forces have emerged to guide responsible use. READ MORE

 

In an EV-Hype World, Automakers Are Discovering Hybrids Are Hot Again More hybrid vehicles are coming on the market because customers seem to lack the appetite for all-electric vehicles. The Trump administration may cut back on tax credits and other EV support. READ MORE

 

In New AI Coalition, Government Thought Leaders Plan Ahead  Gov tech officials have joined the GovAI Coalition, formed late last year, to collectively shape policies and best practices for introducing AI-enabled tools. They're looking to flank the fast-moving technology. READ MORE

 

Indiana Expands Cyber Analysis to Include Water Facilities The state is broadening a cybersecurity vulnerability assessment program to include water and wastewater utilities. Officials aim to do at least 342 tailored security examinations by 2026 to help local governments. READ MORE

 

Innovation Leadership Is Not Easy, but Tools, Help Are There As a new federal administration prepares to assume control, the GovAI Coalition Summit showed the local promise of artificial intelligence, from solutions available to the leaders ready to make them work. READ MORE

 

Insiders: Data Center Energy Demands Could Trigger Blackouts  A panel of authorities on the data center industry told Northwest energy planners Wednesday that the tech sector will take all the electricity it can get its hands on, warning of severe consequences. READ MORE

 

Is foreign software running on your computer? Get a free I.T. security health report to mitigate the risks of shadow I.T., nation-state attacks, and unpatched vulnerabilities. Download Now

 

It's becoming harder to discern who a good person is from one fabricated or made up through AI.  Ironically, AI is going to be our number-one tool to combat this. WATCH INTERVIEW

 

Kansas and Missouri Legislators Consider Constitutional Changes in Court Selections GOP lawmakers want to alter the way state supreme court justices are selected or elected. Some conservative causes in the states, notably abortion bans, have been undermined by court rulings.  READ MORE

 

KPMG Experts Outline 4 Main Approaches to AI in Higher Ed After working with higher education institutions on their approaches to integrating generative artificial intelligence, consultants at KPMG think of their clients as trailblazers, synergists, mavericks or stragglers. READ MORE

 

Landlords Are Using AI to Raise Rents. California Cities Are Leading the Pushback.  Eight states and the U.S. Justice Department have sued over the practice. The company whose software is used by many landlords says it helps renters as well. READ MORE

 

Life Experiences That Impact Lifetime Income  We analyzed hundreds of research studies and surveyed thousands of Americans to understand economic mobility.  SEE THE RESULTS

 

Make Tech Procurement Easy with These Proven Tips This quick guide offers 5 practical tips to simplify government technology procurement. DOWNLOAD

 

Maximize Community Connection: Your Guide to Seamlessly Integrating Nextdoor for Direct Resident Alerts Unlock the full potential of community engagement by integrating Nextdoor into your communications strategy. Check Out Fact Sheet

 

Missoula, Mont., Police Evaluating AI Report Software  City officials have approved a request from Missoula police for 120 new Tasers and a bundle of add-on services, including AI software that writes up to 80 percent of police reports. READ MORE

 

Missouri Senators File Multiple Bills to Cut and Flatten Tax Rates  Incoming GOP Gov. Mike Kehoe campaigned on a pledge to eliminate personal income taxes. Several bills would cut the income tax to 4 percent while imposing sales taxes on services.  READ MORE

 

Moving Courts to the Cloud Courts are inundated with tasks -- particularly in large jurisdictions and statewide systems that manage records across a wide geographic area. By migrating on-premises systems to the cloud and using software-as-a-service solutions, courts can simplify processes, improve security and performance, and enhance constituent services.  DOWNLOAD

 

New Indiana County Site Tracks Blocked Train Crossings  The recently deployed website monitors railroad crossings, to alert drivers and first responders in southern Elkhart County. Crossings blocked by stopped trains have long been a source of frustration for officials.  READ MORE

 

New Jersey Offers AI Translation Tools to Other States  The state’s unemployment office reports significant benefits from the new technology, which officials said could help government agencies in and outside the state avoid long-term contracts with vendors. READ MORE

 

New Mexico Launches Electronic IDs, Driver’s Licenses  Approved by the governor earlier this year, New Mexico drivers now can add their driver's licenses and state identification cards to Apple Wallet and Google Wallet to use at certain businesses or venues. READ MORE

 

New NIST Guidance Offers Update on Gauging Cyber Performance  The National Institute of Standards and Technology has released an updated edition of a publication that covers running a program to measure cybersecurity performance, and choosing what to measure. READ MORE

 

Nine States Will End Medicaid for 3 Million People if Trump Cuts Program  The states have trigger laws to end coverage if the feds end funding for expansion under the Affordable Care Act. Other states may make cuts if funding gets rolled back.  READ MORE

 

North Carolina Legislators Pass Bill Stripping Power from Governor  A measure that provided some hurricane relief was a vehicle for taking power away from executive offices that will be controlled by Democrats next year. The GOP’s legislative supermajority overrode a veto from Democratic Gov. Roy Cooper.  READ MORE

 

North Carolina Police Turn to Training to Stop Taser Misuse Unclear police policies, inefficient training and too little accountability is resulting in some North Carolina officers misusing tasers and similar devices, civil rights lawsuits and advocates say. READ MORE

 

Operational Resiliency and AIOps in State and Local Government This thought leadership paper covers the advantages of an AIOps approach, what you need to look for in a modern incident response system, and implementation best practices. Read more to see how your agency can take resiliency to the next level! DOWNLOAD

 

Overcoming AI Risks, Workforce Challenges in Cybersecurity  An expert offers insights on how government agencies, frequent targets online, can safeguard critical infrastructure and future-proof their cybersecurity. Also under consideration: artificial intelligence’s dual role in security. READ MORE

 

Pillars that Support Upward Mobility Discover how housing, education, good jobs, health, and governance create the foundation for economic success, dignity and belonging, and power and autonomy for all. LEARN MORE

 

Remote workforces are a ticking time bomb! Download a free eBook and learn about how to secure your company's remote workforce. Check Your Device Now!

 

Rhode Island Could Create a 'Public Developer' to Address Housing Crisis  The model, which has been gaining popularity throughout the U.S., presents an opportunity for direct state investment in affordable housing without relying on uncertain federal funds.  READ MORE

 

San Diego Schools Could House 10 Percent of District Workforce  The school board is considering a plan to use five of its properties to build 1,000 affordable housing units. It’s a strategy more California districts are pursuing.  READ MORE

 

Spatial Infrastructure: How GIS Data Can Transform Government Operations  Embracing spatial infrastructure can help state and local governments by enhancing GIS data integration with everyday technologies and systems. This paper explains spatial infrastructure and explores use cases where it can improve government operations.  DOWNLOAD

 

Stadiums Don’t Have to Be a Drain on Taxpayer Dollars  St. Louis voters rejected a $60 million proposal for a new soccer stadium, but the city got one anyway. Here’s how it did that with minimal public funding.  READ MORE

 

State-Provided Software Helped Stop Cyber Attack in Texas  According to city of Odessa officials, state-provided software meant to enhance cybersecurity effectively protected city systems, and staff is now restoring operations using secure backups. READ MORE

 

States Look to Crack Down on Companies Bilking Veterans  Federal law prohibits companies from charging vets for help in filling out disability claims, but there’s no penalty. Maine, New Jersey and New York have passed laws to close this loophole, with more expected to follow.  READ MORE

 

Texas Agency Asks for $300 Million to Address Medicaid Backlog  If legislators approve the request, the Texas Health and Human Services Commission would also get $100 million from Washington to address huge Medicaid and food stamp application delays.  READ MORE

 

The Continuing Threats to Voting Rights  As a new administration takes power in Washington, the work of state and local public officials who champion free and fair elections will become even more critical.  READ MORE

 

The Digital Public Sector of the Future This paper explores the many ways state and local governments can address their biggest digital transformation challenges. Read more to find out which tools can help your organization become more efficient, cost-effective and secure! DOWNLOAD

 

The Lasting Effects of a Ban on Bilingual Education in California  A 1998 ban on dual-language courses was repealed in 2016, but they still have not fully bounced back or hired enough teachers. Texas enrolls 40 percent of its English learners in such programs compared to 10 percent in California.  READ MORE

 

The Nation’s Largest County Is Changing Its Form of Government Los Angeles County voters have approved changes that include an expansion of the county Board of Supervisors and creation of a separate executive leader. Reform advocates had pushed for such changes for decades and an atmosphere of scandal helped them succeed. READ MORE

 

The Ongoing, Unnecessary Obstacles HBCUs Must Confront  Beset by funding issues and questionable program duplication from predominantly white institutions, too many historically Black colleges and universities are struggling. We must ensure that these valuable institutions thrive.  READ MORE

 

The Texas GOP Has a Bold Agenda — If It Can Stick Together   School vouchers, border enforcement, and energy infrastructure are on the GOP agenda in Texas. A fight for speaker of the House could determine its prospects.  READ MORE

 

Thousands of Social Security Numbers Stolen from New Jersey City Workers Hoboken suffered a “massive” cybersecurity break. Personal information including payroll and health records of city workers — some dating back to 1987 — was stolen, along with information about residents who’d applied for rental assistance. READ MORE

 

Time Is Running Out for State and Local Governments to Protect Pandemic Funds  State and local governments will be forced to return pandemic relief funds if they aren’t properly obligated by the end of December.  READ MORE

 

Transforming Public Services  New technologies and strategies are important for modernizing government services. But government workforces must also to new ways of working. This paper shares advice from top public sector leaders on navigating change, engaging stakeholders and fostering innovation. DOWNLOAD

 

Unlocking Agility and Innovation with Modernization  By leveraging tools like artificial intelligence (AI), data analytics and cloud computing, organizations can transform legacy systems and build a foundation for future growth and public trust. Learn more about the benefits of modernizing by downloading the full publication.  DOWNLOAD

 

Using AI for Public Sector Cybersecurity This rapid roadmap details how AI strengthens security, outlines the major AI security challenges and explains how you can measure your cyber progress. DOWNLOAD

 

Vermont CISO’s New Role Entails Learning from Policymakers  John Toney, the state’s chief information security officer, has been appointed a visiting fellow by the National Security Institute. Through this position, he will learn from cyber execs, building his knowledge to better serve Vermonters. READ MORE

 

Voices of Those Who Have Experienced Poverty We listened to thousands of Americans about their journeys navigating economic mobility.  LEARN MORE

 

Western States at an Impasse Over Water Rights Negotiations  Seven states rely on water from the Colorado River. They’ve split into two camps and have made “zero progress” ahead of current apportionment rules expiring in 2026.  READ MORE

 

What’s New in Digital Equity: Arizona Initiative Launches  Plus, the Federal Communications Commission is pushing for greater network security measures after a cyber attack, additional funding has been awarded through the Digital Equity Capacity Grant Program, and more. READ MORE

 

When to Send Emergency vs. Routine Notifications Learn the key differences between emergency and routine alerts to ensure effective, timely communication in your mass notification strategy. Read Now

 

Why the NYC Tech Office Chose Cloud Modernization This case study details how OTI strategically handled its application modernization journey and shares critical lessons learned for other agencies. DOWNLOAD

 

Will Congestion Pricing Really Ease New York City’s Traffic Woes? Charging motorists to drive in a large swath of Manhattan has been decades in the making, and the idea has had some success elsewhere in the world. READ MORE 

 

Will Dallas Regulate Forthcoming Food Delivery Robots? Autonomous robots delivering Uber Eats orders are hitting downtown Dallas sidewalks this month, and city officials say they have limited options for ensuring the self-driving machines are good operators. READ MORE

 

Will Syracuse, N.Y., Code Inspectors Soon Wear Body Cams?  Mayor Ben Walsh’s administration wants to expand the use of body-worn cameras to its code enforcement staff, but city lawmakers want questions answered before they’ll go along with buying the equipment. READ MORE

 

Year in Review 2024: AI Impacts All Areas of Gov Tech  The biggest news in artificial intelligence, accessibility, cybersecurity, ed tech, government experience and public safety. Our annual review of the top headlines from 2024 also looks at what’s in store for state and local IT next year. READ MORE

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

On December 12, 2024, New York State Comptroller Thomas P. DiNapoli issued the following local government and school audits were issued and posted on the Internet.

  Click on the text highlighted in color to access the item posted on the Internet

Village of Riverside – Clerk-Treasurer’s Records and Reports (Steuben County)  The former and current clerk-treasurers did not prepare or maintain complete, accurate or timely accounting records. As a result, the board’s ability to make informed financial decisions was inhibited because the village’s true financial position was unknown. The clerk-treasurers did not record investment transactions and interfund transfers, improperly recorded receipts, disbursements and budget transfers, and did not record water and sewer adjustments. In addition, the current clerk-treasurer did not file the required Annual Financial Report (AFR) for the last four fiscal years and the current AFR was overdue as of Aug. 9, 2024. The clerk-treasurers also did not file payroll reports or remit withholdings timely to the Internal Revenue Service or the New York State Department of Taxation and Finance, which could result in fines and penalties.

 

City of Dunkirk – Budget Review (Chautauqua County)  The lack of complete, accurate, and current accounting and financial records significantly limited the auditors’ review and precluded them from determining the reasonableness of all of the city’s revenue and expenditure projections.  As of Dec. 31, 2022, unassigned fund balance in the general, water, wastewater, refuse and boardwalk funds were ($6,827,480), ($1,163,085), ($247,482), $0 and $0; respectively. The mayor anticipates that the city’s reported operating results in the 2023 audited financial statements will be significantly worse than the deficits in 2022 and officials are also projecting deficits in 2024. The 2025 proposed budget includes a planned deficit in water, wastewater and boardwalk funds, which will further negatively impact the city’s overall financial condition and exacerbate cash flow issues. The city’s known outstanding liabilities totaled more than $20.5 million and the 2025 proposed budget does not provide for satisfying these obligations. These liabilities exceed the $18.5 million maximum amount authorized by an act of the state Legislature for the city to issue debt to liquidate the deficits.

 

Village of North Haven – Collections (Suffolk County)  Village officials did not ensure collections were properly collected, recorded and deposited in a timely manner. As a result, the village has an increased risk that funds could be lost, misused or misappropriated. Auditors reviewed 922 collections totaling $1.4 million and identified 486 collections totaling $829,694 that had one or more discrepancies. Seventy-two collections totaling $238,032 did not indicate the form of payment (cash or check). Auditors found 358 collections totaling $537,175 did not indicate the date of receipt. Therefore, officials and auditors could not confirm whether the collections were deposited in accordance with village law. Also, 48 collections totaling $53,722 were not deposited in a timely manner and 69 collections totaling $57,426 were not recorded on a timely basis. In addition, officials did not properly segregate the duties of, or review the work performed for, collecting, recording and depositing of collections.

 

Caledonia-Mumford Central School District – Financial Management (Genesee County)  ty)The board and district officials did not effectively manage fund balance, the difference between revenues and expenditures accumulated over time. As a result, the district’s surplus fund balance is two times the statutory limit. District officials were not transparent with taxpayers and more real property taxes were levied to fund operations. In the 2020-21 through 2022-23 fiscal years, the board-adopted budgets made it appear the district would have budget deficits requiring fund balance to be appropriated and real property taxes to be increased. However, the district had operating surpluses totaling $5.1 million. Appropriating unneeded fund balance circumvents the statutory limit. In addition, three general fund reserves totaling $1.4 million were not necessary or reasonably funded and the debt reserve in the debt service fund had $337,777 in unidentified money that should be returned to the general fund.

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New York State Comptroller Thomas P. DiNapoli releases State Department and Agency audits

On December 11, 2024, New York State Comptroller Thomas P. DiNapoli issued the following State Department and Agency audits.

Click on the text highlighted in color to access the item posted on the Internet

Department of Health: Medicaid Program – Overpayments for Medicare Part C Claims (2023-S-13)

Under Medicare Part C, private insurance companies administer Medicare benefits through Medicare Advantage Plans. From a judgmental sample of 89 claims identified as high-risk, totaling $1,325,452, from five hospitals, auditors determined Medicaid made improper payments for 49 Part C claims (55%) totaling $881,233. The improper payments occurred in part because hospitals misinterpreted state regulations and billing guidelines, did not properly submit Claim Adjustment Reason Codes on claims, or indicated Medicare Advantage Plans did not cover services when they actually did. Auditors also found improvements are needed to the Department of Health’s automated claims processing and payment system to prevent incorrect payments.

Homes and Community Renewal: Housing Trust Fund Corporation – Internal Controls Over and Maximization of Federal Funding for Various Section 8 Housing Programs and the COVID Rent Relief Program (Follow-Up) (2024-F-21)

Homes and Community Renewal (HCR) receives federal funding from the U.S. Department of Housing and Urban Development (HUD) through the Housing Trust Fund Corporation to administer the Section 8 Housing Choice Voucher Program (HCV) and the Section 8 Performance-Based Contract Administration Program across the state. HCV provides rental and homeownership assistance. A prior audit, issued in March 2023, found that HCR was not fully utilizing its HUD-authorized HCV vouchers or budget to help families in need of housing assistance, HCR did not meet HUD’s voucher utilization threshold during any year covered by the initial audit scope, and HCR could not fully reconcile its HCV financial figures. HCR made progress in addressing the issues identified in the initial audit report, implementing two recommendations and partially implementing another (one recommendation was no longer applicable).

Department of Health: Medicaid Program – Excessive Payments for Durable Medical Equipment Rentals (Follow-Up) (2024-F-18)

Medicaid recipients receive necessary durable medical equipment (DME, i.e., devices and equipment available on a monthly rental basis) as a benefit of the Medicaid program. There are typically limits (or caps) on the number of monthly rental payments. A prior audit, issued in April 2023, found about $1.5 million in overpayments and $503,619 in questionable payments for DME rentals. DOH made little progress in addressing the issues identified in the initial audit report. For example, DOH had not formally determined whether it is efficient and appropriate to require a cap on the number of rental payments for oxygen equipment. Of the initial report’s seven audit recommendations, one was partially implemented and six were not implemented.

New York City Department of Parks & Recreation – Park Accessibility for People With Disabilities (Follow-Up) (2024-F-13)

Title II of the 1990 Americans with Disabilities Act (ADA) prohibits discrimination against individuals with a disability in all programs, activities, and services of public entities, such as the New York City Department of Parks & Recreation (Parks). A prior audit, issued in March 2023, found that Parks’ accessibility efforts were primarily focused on ensuring newly funded capital projects are ADA compliant, rather than removing identified barriers at existing facilities. In addition, the audit found that agency officials did not adequately monitor concession contractors to ensure they were complying with contractual obligations and other accessibility requirements, nor did Parks ensure that the facility accessibility information posted on its website was accurate and updated. Parks officials made some progress in addressing the issues identified in the initial audit report, partially implementing five recommendations and not implementing two.

Office for the Aging, Department of Financial Services, Department of State, State University of New York, Office of Temporary and Disability Assistance – Selected State Agencies’ Roles in Financial Literacy (Follow-Up) (2024-F-7)

In 2021, New York State enacted legislation that essentially creates a single repository of links to all State agency and authority financial literacy information and programs. The law required all agencies and authorities to initially provide relevant financial literacy-related education information to the Department of Financial Services (DFS). Those subject to the law are also required to send any updates, revisions, and new information to DFS annually for posting. A prior audit, issued in September 2022, found that, although each of the five agencies assessed was involved to some degree in financial literacy efforts and some collaboration existed, there didn’t appear to be a coherent strategy or plan to coordinate these efforts statewide, nor was there a shared understanding or definition of “financial literacy.” The agencies made progress in addressing the problems identified in the initial audit report, implementing four of the five recommendations.

Homes and Community Renewal – Internal Controls Over the Governor’s Office of Storm Recovery’s Federally Funded Programs (2022-S-37)

The Governor’s Office of Storm Recovery (GOSR), which operates within the Housing Trust Fund Corporation, a component of Homes and Community Renewal (HCR), was established in June 2013 as a temporary agency to coordinate and direct statewide administration of the federal funds used for recovery and rebuilding efforts in storm-affected municipalities across the state. Auditors identified potential weaknesses in GOSR’s methods for determining applicant eligibility to receive assistance and in determining award amounts. There were also delays in redevelopment of some properties and weaknesses in GOSR’s practices related to both recapturing funds and handling uncollectible accounts. Though sample results cannot be projected to the related populations of the funded properties, the implications and significance of the findings warrant prompt and appropriate action to better manage the remaining open projects and to inform other HCR housing programs.

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Board of Trustee's decision denying Petitioner's application for accidental disability benefits under color of the World Trade Center Disability Law sustained

Supreme Court denied Plaintiff's petition to annul the relevant Board of Trustees' determination rejecting Petitioner's application for accidental disability benefits pursuant the World Trade Center Disability Law and dismissed the proceeding brought by Plaintiff pursuant to CPLR Article 78. The Appellate Division unanimously affirmed the Supreme Court's ruling, without costs.

The Appellate Division noted that "Credible evidence supported the Board's conclusion that [Petitioner] failed to meet the threshold requirement showing that she participated in the rescue, recovery, or cleanup operations at the World Trade Center site during the first 48 hours after the attack or for 40 hours over the following year as set out in New York Retirement and Social Security Law §2[36][e], [g]. Further, the Appellate Division noted that:

1. "Petitioner's overtime slips from September 2001 indicated that she had worked in the Bronx, not at the World Trade Center site, in the days and weeks after the 9/11 attack;" and

2. Conclusory statements from two other New York City employees that they saw Petitioner at the World Trade Center site were insufficient to support her claim.

In addition, the Appellate Division noted that a remand for further consideration of the matter was not required as an "undated color photographs and a safety helmet bearing a signature purportedly by former President Bill Clinton failed to connect [Petitioner] to the statutory time frame" and courts cannot substitute their judgment for that of the Board of Trustees.

Citing Matter of Picciurro v Board of Trustees of the N.Y. City Police Pension Fund, Art. II, 46 AD3d 346, the Appellate Division pointed out that the Board of Trustee's determination must stand as long as there is any credible evidence to support its determination.

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

Probationary employee's compliant that her termination was based on her race and gender dismissed for failure to allege acts of unlawful discrimination

In this action the Appellate Division found that the Supreme Court correctly granted the City of New York's motion to dismiss the Plaintiff's complaint. Plaintiff, said the court, had failed to sufficiently allege that her termination occurred under circumstances "giving rise to an inference of unlawful discrimination". 

The Appellate Division observed that Plaintiff's complaint alleged, "in a conclusory fashion", that Plaintiff's employment was terminated based on her race and gender but it failed to allege that any decision-makers "made remarks evidencing discriminatory intent" or alledge that "other similarly situated employees outside of her protected class were treated more favorably", or "any other act or omission giving rise to an inference of discrimination".

In contrast, the Appellate Division noted that the City's documentary evidence indicated that the appointing authority terminated Plaintiff's employment "as of right within [Plaintiff's] probationary period"* and Plaintiff "fails to allege that a facially neutral employment practice had a disparate impact on her protected class".

Citing Sedgwick v New York City Department of Educ., 215 AD3d 607, the Appellate Division commented that "To the extent [Plaintiff] argues that the [Appointing Authority's] decision to terminate her employment was arbitrary and capricious, such a claim should have been brought in a CPLR article 78 proceeding".

* V.5.7 of the Personnel Rules and Regulations of the City of New York provides, in pertinent part, "... the agency head may terminate the employment of any probationer whose conduct and performance is not satisfactory after the completion of a minimum period of probationary service and before the completion of the maximum period of probationary service by notice to the said probationer and to the commissioner of citywide administrative services."

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

 

The New York State Workers’ Compensation Board to host a Paid Family Leave webinar for employers and HR professionals on Tuesday, January 14, 2025

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 for this Webinar.

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

NYS Comptroller DiNapoli tracks NYC agency performance, recommends greater transparency

New York City’s government workforce reached more than 300,000 employees in June of 2024, the first year-over-year increase since the COVID-19 pandemic. Still, some city agencies remain understaffed, resulting in critical services being impacted, according to a new report released on December 6, 2024, by New York State Comptroller Thomas P. DiNapoli.

The analysis is based on data from his office’s Agency Services Monitoring Tool, which launched in November 2023 to help the public and lawmakers better evaluate agency performance. The tool uses the performance indicators (“tracked services”) that are included in the Mayor’s Management Report, but also displays funding, staffing levels and service performance for 36 city agencies. This data is updated regularly and provides additional insight and context to 144 unique services and 238 service goals established by agencies.

“My office developed a comprehensive data tool to increase transparency and accountability, while advancing innovation in government data availability and accessibility,” DiNapoli said. “Looking at performance management and service delivery at city agencies is critical when serving more than 8 million New Yorkers. City officials can use our findings to inform and improve managerial decisions and resource allocation, and the public can see what progress is being made with city services.”

Key Highlights:

Staffing Has Not Rebounded at Many Agencies

New York City’s public workforce stood at 306,248 employees at the end of City Fiscal Year (CFY) 2024, but staffing at the city Law Department (1,396), Fire Department (17,095), Administration for Children’s Services (6,455), Department of Health and Mental Hygiene (5,372) and Department of Investigation (270) remain below pre-pandemic levels. A decline in staffing since 2019 at these agencies coincides with a reported decline of at least 50% of tracked services.  For example, the Law Department saw the number of cases pending in state courts grow from 22,611 in June 2019 to 32,873 in June 2024, a 45% increase. While the Department of Investigation saw case times balloon from 145 days in June 2019 to 297 days in June 2024, a 105% increase. 

Some Agencies Delivered Improved Services

Eight of 36 city agencies saw an improvement in at least 50% of tracked services from 2019 to 2024, including the Departments of Citywide Administrative Services, Homeless Services and Youth and Community Development. Some of these agencies did this while remaining below pre-pandemic staffing levels, while others like the Department of Youth and Community Development and Parks and Recreation increased staff. Parks planted 38% more trees in the city in June 2024 compared to June 2019. Homeless services reduced the time people were in shelters by 10% for single adults, 28% for families, and 19% for families with children when comparing June 2019 to June 2024. 

Some Improvements and Declines in Delivery of Critical Indicators

Critical indicators are defined by the city as necessary for an agency’s operations. Twelve agencies delivered improved critical services, including the Departments of Citywide Administrative Services, Homeless Services, Correction, Probation, Parks and Recreation and the Taxi and Limousine Commission. For example, the Department of Citywide Administrative Services is processing civil service exam results more quickly, from 323 days in June 2019 to 276 days in June 2024, 15% faster.

However, 11 of 36 agencies covered in the monitoring tool saw at least 50% of their critical indicators decline, including the Chief Medical Examiner, the Department of Transportation and the Administration for Children’s Services. For example, the median time to complete autopsy reports increased by 90% from 48 days in June 2019 to 91 days in June 2024 at the Office of the Chief Medical Examiner.

DiNapoli recommends the city improve transparency by:

Enhancing the quality of the data it collects by ensuring agencies have reported in a timely, accurate and complete manner.

Including an agency’s division-level staffing and funding information alongside service performance in management reports to best evaluate goals and programming.

Creating classifications for performance indicators, including 311 services, based on whether they measure service demand, workload capacity or performance outcomes.

Report

Click New York City Agency Services Update to access Comptroller DiNapoli's report posted on the Internet.