Links to selected items focusing on govenmental operations posted on the Internet during the week ending January 24, 2025.

A 442 page E-book describing administrative and judicial penalties for misconduct imposed on public employees. Focusing on disciplinary penalties imposed on public employees of the State of New York and its political subdivisions found guilty of misconduct from Abandoning a post without authorization to Zero drug tolerance policy violation, this e-book may be of interest to public employers, employee organizations and attorneys in other jurisdictions. FREE EXCERPT

A Media Literacy toolkit for educators available  New York State Governor Kathy Hochul announced the release of New York State’s first media literacy kit, an ideologically neutral product which gives teachers resources to develop the students’ ability to analyze, evaluate and assess all forms of media, including information delivered through social media. READ MORE

A Tale of Two Accelerators: One Closes, One Opens New Push New York-based URBAN-X is no more, after working with gov tech firms since 2016. But New York City’s Transit Tech Lab is looking for help to solve mass transit problems as congestion pricing kicks off in Manhattan. READ MORE

After Skyrocketing, Rents in Austin Have Dropped 19 Straight Months The reason is simple: A boom in apartment construction. Developers are pulling permits at a rate nearly triple that of San Antonio on a per capita basis. READ MORE

AI and Cloud Strategies for State and Local Agencies This guide explores how AI-powered tools and cloud infrastructure can help government agencies overcome the challenges of tight budgets and aging infrastructure. Case studies from California and Utah demonstrate the transformative impact of these strategies, saving dollars and accelerating service delivery. DOWNLOAD

AI Aspirations Drive Hartford, Conn.’s Innovation Funding Bid The city is among those vying for funding from the $100 million “Innovation Clusters” state program to promote development of key industries. In its case, Hartford would expand its work in artificial intelligence. READ MORE

AI guide released by the Florida Bar - Rochester NY attorney Nicole Black reports that a handy generative AI Guide for Lawyers has been posted by the Florida bar in her Law Blog, Sui Generis. Read the whole entry 

AI in State and Local Government: Everything You Need to Know Artificial intelligence (AI) often dominates technology discussions. But with so many implementation and policy considerations around the technology, many government leaders can feel overwhelmed at the idea of getting started with AI. This go-to guide shares everything you need to know to quickly begin implementing AI and developing the appropriate policy for the technology DOWNLOAD

ANNOUNCING CDG-NACo’s Digital Counties Survey 2025! The Center for Digital Government and National Association of Counties invite all U.S. counties to participate in the Digital Counties Survey. DIGITAL COUNTIES SURVEY ONLINE

Aurigo Gives Capital Planning Software an AI Boost The Texas-based seller of technology used by public agencies and others says its new Lumina platform can more quickly access vital project management data. The tool employs natural language search and machine learning. READ MORE

Casinos in Ohio Now Accept Digital IDs — What’s Next? More than 350,000 Ohio mobile driver's licenses have been added to Apple Wallets in the state. Lt. Gov. Jon Husted spoke with Government Technology about the state’s next steps in the new age of digital identity. READ MORE

Childhood Vaccination Rates Continue to Slip The 2023-24 school year saw the highest percentage of kindergarteners exempted from vaccinations, with increases in 40 states and Washington, D.C. In some localities, the so-called health freedom message has led to nonmedical exemption rates as high as 50 percent. READ MORE

Cybersecurity in Transition: Biden Administration Warnings and What’s Next for the U.S. From a new White House executive order on cyber to a blog from the outgoing CISA director to more scary details on the Treasury hack, the outgoing administration has strong words on cyber threats. READ MORE

Digital Done Right: A Real-World Modernization Success Story  Discover how one state agency tackled record backlogs, streamlined access to documents, and fortified security by digitizing decades of data.  DOWNLOAD

Does California Have Enough Money to Rebuild Its Schools? Voters approved $10 billion in school construction bonds last November. Facing big maintenance backlogs, districts around the state are worried the money could be quickly depleted by the need to rebuild Los Angeles schools after the fires. READ MORE

Eighteen Homelessness Programs Face Cuts in San Diego County The programs depend on temporary sources of funding from Washington and the state that may be drying up. Finding sustainable funds has been a challenge. READ MORE

Empowering Local Governments to Accelerate Economic Mobility A national partnership aims to help local governments deliver better results for their residents. Learn More

End of Federal Remote Work Welcomed by Virginia and D.C. Leaders President Trump’s executive order abolishing remote work for most employees will be good for the local economy and transit systems. Twenty percent of the federal workforce lives in the D.C. area. READ MORE

FCC Announces School, Library Cyber Pilot Participants Schools and districts comprise 645 of the 707 participants selected to receive funding through the Federal Communications Commission’s three-year, $200 million Schools and Libraries Cybersecurity Pilot Program. READ MORE  

Federal Agency Outlines Recommendations for Accessible AI  The U.S. Access Board highlighted its initial findings on the risks and benefits of artificial intelligence for people with disabilities, offering recommendations to promote responsible use. READ MORE

FETC25: Data Masking to Protect Schools from Data Theft By creating “fake” versions of their data to interface with ed-tech vendors, school districts can limit what kinds of personally identifiable information those companies have in the event they experience a data breach. READ MORE

From Scooters to Cars, Feds Give EV Charging a Funding Boost The U.S. Joint Office of Energy and Transportation has awarded funding to 25 projects, to advance the use of electrified urban transportation. The money is intended to expand at-home charging and electrified fleets. READ MORE

GenAI in Courts: How Artificial Intelligence Improves Efficiency and Accuracy in Court Systems State and local court systems are strained. Even routine legal processes can overburden staff and delay crucial judicial processes. The right AI assistant can transform the way courts are run, letting legal staff focus on helping more people get justice quickly and reliably. DOWNLOAD

Helping Local Governments Deliver Better Results for Their Residents A national partnership has the power to reach tens of thousands of government leaders. Learn More

How Baltimore Convinced Officers to Seek Help for Alcoholism and Depression The city’s police department has put a focus on officer mental health and well-being. That’s a big cultural change because officers often feel they need to hide their struggles. READ MORE

How New Administration’s Priorities Will Impact State, Local Government A look at key changes, their implications and emergent best practices as the start of President Donald Trump's second term brings shifts likely to have influence across state and local organizations. READ MORE

Idaho IT Staffs Up to Set Stage for Future Consolidation Two January appointments in the Idaho Office of Information Technology Services will help enable the state to better deliver technology services and prepare for future consolidation plans. READ MORE

Indiana’s Modernization Designed to Support AI Enablement The Indiana Secretary of State’s Office is migrating its divisions from legacy systems to the cloud; this supports artificial intelligence implementations such as the recent launch of two new AI-powered chatbots. READ MORE

Invest in Your Organization's Future with Microsoft The Public Sector Center for Digital Skills is intended to help organizations advance their digital transformation through skilling. Explore resources today 

Is It Possible to Stop Terrorists Who Act Alone? Lone wolf attackers can be harder to detect than those who work in a group. But strategies involving police, the public and mental health professionals can help. READ MORE

Massachusetts Tech Agency’s New Role Will Shape Strategy Massachusetts’ Executive Office of Technology Services and Security’s first deputy secretary, Erica Bradshaw, plays an instrumental role in guiding planning for the agency and the state. READ MORE

Memo to Big-City Progressives: Get Back to Basics The No. 1 job of urban leaders is to deliver core services. Some of them have forgotten that. READ MORE

Michigan Kills Plan to Road Test Replacement for Gas Taxes Like other states, Michigan is seeing declining revenues due to electric vehicles. It’s pulled a pilot program to try out a fee system based on miles traveled due to lack of funding, which critics call short-sighted. READ MORE

Mississippi House Passes Bill to Phase Out Income Tax The plan would reduce the state’s $7 billion general fund by $1.1 billion over 10 years. Losses would be partially offset by increases in sales and gas taxes. READ MORE  

Missouri Tackles Gig Economy Benefits to Speed Up Payments Missouri is joining other states tackling income verification for the gig economy, investing in new tech backed by basketball legend Shaquille O’Neal to reduce caseworker processing times and get faster assistance to those in need. READ MORE

Modesto, Calif., Police Attribute Traffic Stop Jump to Software At a Community Police Review Board meeting, Modesto Police Chief Brandon Gillespie attributed an apparent leap in traffic stops in 2023 to software issues that affected data reporting in 2022. READ MORE

Navigating Modern Threats with Consistent Security Strategies [Jan 23] Join this webinar to explore how modern security solutions are eliminating weak links and giving agencies the tools to respond rapidly to threats while simplifying the security landscape. REGISTER

Nevada Lawmakers, Locals Gear Up to Confront Deepfakes Public- and private-sector leaders are guarding against artificially generated impersonations, AI-generated disinformation and scams. But, officials say, their task is becoming increasingly difficult and complex. READ MORE

Pennsylvania DOT Using Tech to Reduce Congestion, Pollution PennDOT plans to pilot Freight Signal Priority tech at two high truck traffic locations, which it hopes will help relieve congestion and reduce air pollution while ensuring goods can more quickly get to market. READ MORE

Philadelphia Rolls Out New Model for Drug Courts The city is launching “neighborhood wellness courts,” a diversion program designed to issue citations and offer addiction treatment and other services in lieu of misdemeanor sentences. READ MORE

Policy+Action With Dan Kim: How Technology Modernization Funds Are Changing the Game These funds can be key to breaking the innovation stalemate. In California, funding nimble, high-impact solutions can help replace inertia with action to modernize IT systems and deliver better services for the public. READ MORE

Power Plays: The Need to Revive ‘Energy Federalism’ The Trump administration has an opportunity to return authority over energy generation and natural resource development to the states. READ MORE

Public Officials Need to Embrace New Ways to Communicate In an era of diminished credibility for traditional media, government leaders can no longer count on it to educate and inform the public. There are alternatives, and leaders should make greater use of them. READ MORE

Public Retirees’ Big Win — and What Might Happen Next As 2024 came to a close, the White House and Congress approved big giveaways to two subsets of state and local government employees and pensioners. There could be political backlash, and for equity’s sake there might be a case for some corrective tax policies. READ MORE

Record Snow Could Keep Louisiana Residents Homebound for Days The state faced its worst storm in decades with up to 10 inches shutting down roads. States of emergency were declared across the South due to unusual wintry conditions. READ MORE

Redesigned S.F. Site Targets Accessibility, Flexibility San Francisco has launched a re-platformed SF.gov, with new content management for better flexibility and in-house management. A new design system is intended to improve access and visual consistency. READ MORE

Ridership, Maintenance Among Transit Tech Lab Challenges  For its seventh round of technology questions, the New York City organization will focus on understanding and growing ridership, and on doing more with maintenance. To date, the program has yielded 37 scalable solutions. READ MORE

Ridgefield, Conn., Schools Affected by Nationwide Data Breach Although Ridgefield school officials initially thought the district wasn't affected by the PowerSchool data breach impacting educational institutions nationwide, they're now saying that's not the case. READ MORE  

Texas State Employees Fired After Stealing Money from Public Assistance Programs Seven employees were fired after accessing tens of thousands of Medicaid and food stamp accounts and stealing at least $270,000. READ MORE

The 2025 GT100: Our 10th Annual List of Who's Who in Gov Tech See who made the latest edition of the GovTech 100 as we analyze the market serving state and local government IT. With ever-more investment in gov tech, several large firms have begun merging with startups and niche players. READ MORE

The Dilemma of Disaster Insurance Just Got Worse Catastrophes like the L.A. wildfires are going to happen again. There’s no easy way to make sure victims can be made whole. READ MORE

The New Email Battlefield: Defending Against AI-Powered Threats [Jan 23] Join this webinar to learn how today's email threats work, why they’re escalating, and what specific steps you can take to protect your organization. REGISTER

The Superpower Behind AI Is You AI is revolutionizing the way government organizations operate, but the driving force isn’t the technology itself—it’s you. Learn how to enhance your team with AI. Get the guide

Traffic on the Rise as Employers Scale Back Remote Work Tech-heavy cities like San Jose and Seattle saw significant declines in remote work last year and the traffic to show for it, the INRIX 2024 Global Traffic Scorecard found. Elsewhere, other trends drove roadway congestion up. READ MORE

Trump Announces Billion-Dollar Strategic AI Investment  On his second day in office, President Donald Trump unveiled a joint, private-sector venture to fund billions of dollars in U.S. artificial intelligence infrastructure. Dubbed Stargate, it will deploy $100 billion “immediately,” the CEO of SoftBank said. READ MORE

Trump’s HUD Nominee Calls for “Millions More Homes” During a confirmation hearing, Eric Scott Turner said his priority as secretary would be increasing the supply of affordable housing and homes in general. READ MORE  

What Trump’s Infrastructure Announcements Mean for States The Trump White House has ordered a pause on infrastructure spending approved during the last administration, and is promoting new spending on digital infrastructure to support artificial intelligence. READ MORE

What’s New in Digital Equity: BEAD Final Proposals Approved  Plus, $117 million in NTIA grants go out, Indiana funds county broadband expansion, the E-BRIDGE Act is now the law of the land, new legislation aims to support rural broadband development, and more. READ MORE

Will Insurance Cover the Fire Next Time? Insurance companies were fleeing fire-prone parts of California even before the disaster in Los Angeles. Policymakers are under pressure to find solutions as the risks grow. READ MORE

Your Comparative Guide to Advanced Cloud Firewalls  Discover which advanced cloud firewalls lead the pack in security efficacy, operational efficiency, and resilience. This in-depth report, backed by real-world testing across 12 solutions, offers a detailed comparison of how top firewalls perform against today's evolving threats. DOWNLOAD

 

New York State Governor Kathy Hochul announced the release of New York State’s first Media Literacy toolkit for educators

The kit is an ideologically neutral product which gives teachers resources to develop students’ ability to analyze, evaluate and assess all forms of media, including information delivered through social media. READ MORE

Municipality, its police department and a police officer sued for injuries plaintiff suffered after being bitten by a police department K-9 Unit police dog

Plaintiff sued the municipality and others [Defendants] to recover damages for injuries he allegedly sustained when he was bitten by a municipality police department's police dog.

The incident occurred during a training exercise in explosives detection in which the police dog and his handler were participating. As part of the training, the police dogs were off-leash. Plaintiff, who was participating in a different training event in a different building, entered the building where the explosives detection training exercise was being held and was still in progress when he was bitten by the police dog. 

Supreme Court denied Defendants' motion for summary judgment dismissing the complaint and Defendants' appealed the court's decision. The Appellate Division reversed the Supreme Court's order "on the law, with costs" and granted the Defendants' motion for summary judgment.

Citing Applewhite v Accuhealth, Inc., 21 NY3d 420, and other decisions, the Appellate Division, said "[w]hen a negligence cause of action is asserted against a municipality, and the municipality was exercising a governmental function, a municipality may not be held liable unless it owed a special duty* to the injured party".

The Appellate Division noted that the Defendants had established that its police officer "was an attendee at a training program" at a New York State facility and that its police officer "merely participated in the training exercise" and that he "took direction" from a New York City Police Department canine instructor.

Here, said the court, Defendants established, prima facie, that they did not owe a special duty to the Plaintiff as there was no evidence that the police officer took positive control of a known and dangerous safety condition which gave rise to Plaintiff's injuries.

As the Plaintiff failed to raise a triable issue of fact, the Appellate Division opined the Supreme Court should have granted the Defendants' motion for summary judgment and dismissed the complaint.

*  The Appellate Division's decision noted that such a special duty is present where the defendant "took positive control of a known and dangerous safety condition".

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

Compelling disclosure of certain records pursuant to New York State's Freedom of Information Law

The Appellate Division reversed a Supreme Court's decision dismissing branches of a Freedom of Information petition seeking [1] certain certain records pertaining to the creation or maintenance of a police department's current databases and [2] attorney's fees and litigation costs. 

The court noted the requirement that a FOIL request reasonably describing the records sought is to enable the agency to locate the records in question, citing Matter of Konigsberg v Coughlin, 68 NY2d 245 and Matter of M. Farbman & Sons v New York City Health & Hosps. Corp., 62 NY2d 75. 

In order for an agency to deny a FOIL request for overbreadth, the Appellate Division  said the agency must demonstrate that the description is "insufficient for purposes of locating and identifying the documents sought", citing Matter of Konigsberg v Coughlin, 68 NY2d at 249.

The matter was then remitted to the Supreme Court for further proceedings. 

Click HERE access the Appellate Division's decision.

RULE REVIEW - New York State Department of Civil Service

Pursuant to Section 207 of the State Administrative Procedure Act (SAPA), notice is hereby provided of rules adopted by the New York State Civil Service Commission and the President of the New York State Civil Service Commission during calendar years 2000, 2005, 2010, 2015 and 2020 which remain in effect. 

Below is a brief description of each rule, including the statutory authority therefor; and where appropriate, a statement setting forth the ongoing need for each rule without further modification.

2000 Amendment to Chapter I of Title 4 of NYCRR (Rules for the Classified Service) Statutory Authority: Civil Service Law section 6 

Description of the Regulation: The resolution added a new subdivision (vii) to paragraph (2) of section (b) of Rule 4.5 to provide for a probationary term for positions of “Thruway Maintenance Worker” of not less than 26 weeks nor more than 52 weeks.

Action: The rule has functioned consistent with the purposes underlying its adoption and the Department of Civil Service recommends continuation without modification. 

Amendments to Chapter IV of 4 NYCRR (Regulations of the State Civil Service Commission [Commission’s Regulations]) Statutory Authority: Civil Service Law section 6 

Description of the Regulations: A new section 55.5 was added to the Commission’s Regulations and the previous sections 55.5 and 55.6 were renumbered 55.6 and 55.7, respectively. Section 55.5 codified the long-standing Civil Service Commission practice of granting prior approval for certain examination rating keys, according to the conditions and standards set forth within such section, upon the request of the Department’s Director of Examinations or his or her designee. 

Action: The rule has functioned consistent with the purposes underlying its adoption and the Department of Civil Service recommends continuation without modification.

2005 Amendment to Chapter I of Title 4 of NYCRR (Rules for the Classified Service) Statutory Authority: Civil Service Law section 6 

Description of the Regulation: The resolution added a new paragraph (viii) to subdivision (1) of subsection (b) of Rule 4.5 to provide for a probationary term for positions of “University Police Officer 1 and “University Police Officer 1 (Spanish Language)” of not less than 52 weeks nor more than 78 weeks. 

Action: The rule has functioned consistent with the purposes underlying its adoption and the Department of Civil Service recommends continuation without modification.

2010 Amendment to Chapter V of Title 4 of NYCRR (Regulations of the Department of Civil Service [President’s Regulations]) Statutory Authority: Civil Service Law sections 7 and 80

Description of the Regulation: The resolution added a new paragraph to Rule 72.1 designating the Authorities Budget Office as a separate unit for suspension, demotion or displacement within the Department of State. 

Action: The rule has functioned consistent with the purposes underlying its adoption and the Department of Civil Service recommends continuation without modification. 

2015 No current rules or regulations were adopted during calendar year 2015. 

2020 No current rules or regulations were adopted during calendar year 2020. 

 

Various amendments to the Appendices to the Rules for the Classified Service 

Appendix 1 (Exempt Class) Appendix 2 (Non-competitive Class)

Statutory Authority:

                Appendix 1: Civil Service Law, sections 6 and 41; 4 NYCRR 2.1

                Appendix 2: Civil Service Law, sections 6 and 42;

NYCRR 2.2 Description of the Regulations: Civil Service Commission rules relating to the jurisdictional classification of positions were specifically exempted from compliance with Executive Order No. 20 review requirements by the former Governor’s Office of Regulatory Reform, upon a finding that such review lacked substantial benefit. Based upon this determination, and pursuant to SAPA section 207(5), a full recitation of amendments to Appendices 1 and 2 to Title 4 of NYCRR adopted by the Civil Service Commission during calendar years 2000, 2005, 2010, 2015 and 2020 is hereby omitted. 

Public Comments There will be a forty-five (45) day public comment period following publication of this Notice in the New York State Register [Published on January 22, 2025]. 

Requests for information and public comments regarding the foregoing may be directed to: Eugene Sarfoh, Esq., Counsel, New York State Department of Civil Service, Empire State Plaza, Albany, NY 12239, (518) 473-2624, e-mail: public.comments@cs.ny.gov

 

Former deputy clerk sentenced for stealing more than $320,000 of county funds

New York State Comptroller Thomas P. DiNapoli, Erie County District Attorney Michael J. Keane, and Erie County Sheriff John C. Garcia recently announced former Deputy Erie County Clerk Alexander McDougall was sentenced to 1 1/3 to 4 years in state prison and ordered to pay full restitution after pleading guilty to stealing over $320,000 in county funds. 

“Today’s sentence sends a clear message that those who abuse their positions in government to line their own pockets will be caught and punished,” DiNapoli said. “Alexander McDougall abused his authority and diverted funds meant to benefit taxpayers for his own use.* I thank Erie County District Attorney Michael Keane, Erie County Sheriff John Garcia, and Erie County Comptroller Kevin R. Hardwick for their partnership in bringing him to justice.”

In August, McDougall pleaded guilty to felony counts of grand larceny and offering a false instrument for filing. 

District Attorney Keane said: “For more than four years, this defendant used his position in the Clerk’s Office to steal a significant sum of money from the residents of Erie County,” Keane said. “In addition to uncovering this brazen theft, I want to commend the Erie County Comptroller’s Office as well as our partners in the New York State Comptroller’s Office and Erie County Sheriff’s Office for their work on the case. I also commend the Erie County Clerk’s Office for their full cooperation in this investigation. While uncovering financial crimes can be an extensive and time-consuming process, I want the public to know that we are committed to obtaining justice and restoring their trust in government by prosecuting the offenders and seeking full restitution.” 

"Confidence in government requires confidence and trust in its public officer,” Garcia said. “I commend Detective Dan Brinkerhoff and the Erie County Sheriff's Office Investigative Services Unit for their thorough investigation into this matter. I would also like to thank Comptroller DiNapoli, District Attorney Keane and Comptroller Hardwick for their partnership throughout this case."

“Personally, I’m deeply saddened for Alex and his family, who I’ve known for years,” Hardwick said. “At the same time, I’m also proud of my staff, who uncovered the situation and saved the county hundreds of thousands of dollars.”

In early 2023, the Erie County Comptroller’s Office conducted an internal audit of the Erie County Clerk’s Registrar Division and referred its findings to DiNapoli’s office. DiNapoli’s office, in partnership with the Erie County District Attorney’s Office and the Erie County Sheriff, conducted a forensic audit and investigation and expanded the scope of the initial inquiry to include the period from Jan. 1, 2019, when McDougal became Deputy Clerk, through June 30, 2023.

The Erie County Clerk’s office collects a variety of fees such as court filings, mortgage taxes, and pistol permits. Staff prepare deposit slips for each payment. As deputy clerk, McDougall was responsible for reviewing each deposit slip and reconciling them with daily collection reports to ensure accuracy and accountability.

Investigators found that in hundreds of instances cash was collected but not deposited. In most instances, the total amount of cash collected by one of the clerks was missing.

The investigation uncovered that cash was deposited into McDougall’s personal bank account on several days the cash was not deposited into the county clerk’s bank account. DiNapoli’s auditors determined over $320,000 of recorded cash receipts were not deposited into the clerk’s account. 

* As noted in previous NYPPL reports of such acts of such misconduct by a public official, there is a term for such breaches of the public trust, "jobbery." Mirriam-Webster defines jobbery as "the improper use of public office or conduct of public business for private gain".

###

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 emailing a complaint to 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.

Claimant, who suffered suffered from posttraumatic stress disorder as a result of being orally threatened denied Workers' Compensation benefits

Claimant, an applicant for Workers' Compensation Benefits, was operating a bus that was stopped at a red light when a man pounded on the door and demanded to be let onto the bus. When Claimant refused to open the door, the man climbed onto the front bumper of the bus, banged on the glass, bent a wiper blade and, after unsuccessfully attempting to reach in through a side window, broke a side mirror.

Claimant testified that the man orally threatened her, but she managed to close the window before he could reach inside. 

The employer's representative testified that encountering irate bus passengers was not uncommon and that, although most people simply "curse at the driver" and walk away, some do become sufficiently irritated to punch or kick the bus. 

In its decision, the Workers' Compensation Board [Board] found that "the job responsibilities of a bus operator necessarily involve interacting with the general public ..., including unruly ones," and that "it is expected that bus operators could be exposed to unruly individuals and property damage to the vehicle."

The Appellate Division said it "recognize that the record on appeal could also support a contrary conclusion". However, "we do not second-guess the Board's factual determination that this type of incident is one that, as a bus operator, 'claimant should reasonably and ordinarily be expected to encounter in [her] normal work environment,' as it is supported by substantial evidence in the record". Consequently, the court opined it "[found] no reason to disturb the Board's decision."

Justice Lynch, respectfully dissenting, said that in his view "the incident as described by the majority should not in any civilized society be deemed part of 'the normal work environment' of a transit bus operator. There is nothing 'normal' about being victimized by such dangerous conduct. Since it is undisputed that claimant suffered from posttraumatic stress disorder as a result, the Board erred in disallowing her claim."

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

Martin Luther King Jr. Day

Martin Luther King Jr. Day, a federal holiday in the United States of America, is observed on the third Monday of January each year.

Wikipedia notes Martin Luther King Jr. was the chief spokesperson for nonviolent activism in the Civil Rights Movement, which protested racial discrimination in federal and state law and civil society. It has been observed for 39 years.