ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

Feb 8, 2025

Links to selected items focusing on governmental operations posted on the Internet during the week ending February 7, 2025

3 Cornerstones of Constituent Engagement This paper examines how state and local government agencies can improve constituent engagement and experience by strengthening identity and access management, adopting GenAI chatbots and offering mobile apps. It offers best practices for implementing and measuring the impact of these vital technologies. DOWNLOAD

5 Essential Strategies for Security and Compliance in the Cloud This thought leadership paper shares the five strategies your organization needs to hit all your security and compliance goals. Read more to learn how visibility, automation and more can provide the best protection for your data in the cloud. DOWNLOAD

A Decade’s Worth of Knowledge About the Gov Tech Market The technology market serving state and local government has changed a lot since we first published the GovTech 100 in 2015. Here’s what we’ve learned. READ MORE

A New Role for Opportunity Zones: Rebuilding After Disasters A combined federal and state effort to redesign the boondoggle-prone economic development program could also provide the blueprint for rebuilding devastated communities. READ MORE

Advance your AI transformation through skilling Discover essential AI skills for public servants at the Public Sector Center for Digital Skills. EXPLORE THE RESOURCES

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 Disruption: The DeepSeek Effect on Wall Street, Governments and Beyond The past week has been full of headlines regarding DeepSeek AI. So what lessons can we learn from this whirlwind of media stories and the corresponding reactions from governments and Wall Street? READ MORE

AI for Public Finances: Keeping Data Safe as You Modernize [Feb 5] Join us for a live webinar exploring essential strategies for ensuring the integrity and security of AI-driven finance systems. REGISTER 

An Underused Workforce Solution at the Border A visa program created under NAFTA allows Canadian and Mexican professionals to work in the U.S. with minimal red tape. But to take advantage of it, states need to look at the Catch-22 situation created by their occupational licensing requirements. READ MORE

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

Are Independents Showing Us a Path Away from Political Polarization? They split their tickets in last year’s elections more than they have in the past, and they were more likely to identify as moderates. It’s cause for optimism. READ MORE

Arizona Invests in Cyber, Workforce for Economic Growth As Arizona's recent economic growth has created new job market opportunities, the state has been supporting cybersecurity initiatives and collaborations to bolster evolving workforce needs. READ MORE

Boost Economic Mobility in Your Community Discover tools and strategies that help local governments create economic opportunities for residents. READ MORE

California City Considers Law Making It Illegal to ‘Aid’ or ‘Abet’ Homeless Camps Republican Gov. Mike DeWine has proposed a new refundable child tax credit and increases in child care and children’s health funding, along with full funding for public schools. READ MORE

California Might Kick 400,000 Kids Off Medicaid Last year, legislators approved funding to fill a coverage gap. The law, however, was overridden by a ballot measure involving pay increases for doctors. READ MORE 

California’s Ethics Board Opens Door to Greater Political Influence from Lobbyists After a two-year investigation into a sprawling donor network, the Fair Political Practices Commission found it did not violate any rules. This finding will make it easier for groups to coordinate fundraising and donations. READ MORE

Can a Charter School Be Religious? The Supreme Court Could Redraw the Lines. At stake in a case from Oklahoma is whether the court will expand the boundaries of government aid to faith-based institutions. It would be a sea change in education law. READ MORE 

Can the Minnesota House Salvage A Bipartisan Session? A tense fight over party control of the Minnesota House ended with a power-sharing agreement this week. But hard feelings could remain. READ MORE 

Cannabis Law and Policy Symposium Join the Government Law Center and Government Law Review at Albany Law School for an enlightening symposium examining cannabis law, policy, and governance.  Registration is required. The deadline to register is February 21, 2025. Click to Register

Changing the Search Cycle to Find Government IT Staffers As tech positions go unfilled across public-sector organizations, recruiting experts recommend lowering the hurdles. Suggested strategies include clarifying job descriptions and tailoring hiring processes. READ MORE

Collaboration Can Enable an Age of AI Innovation To harness the transformative power of GenAI, technologists must reimagine traditional approaches to procurement. READ MORE

Creating Seamless Public Services Through Automated Software Testing Watch this on-demand webinar for an insightful discussion of how automated testing is transforming government services. WATCH NOW

Do You Back Up Google Workspace & Microsoft 365? Safeguarding your SaaS data is on you. Let SysCloud make it easy. LEARN MORE

Drowning in Data, Law Enforcement Turns to Video Analytics A global survey of law enforcement reveals the top tech tools, from those empowering criminals to those aiding law enforcement. The North American data reveals unique challenges and priorities. READ MORE

Every Woman Who Leaves This Texas Prison Program Comes Out With a Job A re-entry program near Waco, Texas, has proven successful. Not only does every participant come out with a job, but their recidivism rate is 73 percent lower than incarcerated women throughout the state as a whole. READ MORE

Gov Tech Biz Quarterly Roundup: Q4 2024 With Jeff Cook As gov tech market expert Jeff Cook expected, the final quarter of 2024 was slow — though the year, overall, was notable. However, he also anticipates a major uptick in activity coming in the first quarter of 2025. READ MORE

Health Experts Are Flying Blind Amid Vanishing Public Health Data “The removal of critical health information from governmental public health sites is chilling and puts the health of the public at risk,” said Richard Besser, a former acting director of the CDC. READ MORE

Here’s What Digital Inclusion Looks Like on the Ground Digital navigators across the country show up for their communities by teaching the technical skills people need in an increasingly digital world. READ MORE

How Alabama Made Tax Services More Accessible The Alabama Department of Revenue faced significant operational challenges with its legacy systems, which were not meeting evolving needs for scalability, security and efficiency. Learn how the agency decided to move to the cloud to address these challenges, and more. DOWNLOAD

How Indiana Is Driving Down Its Hospital Costs Gloria Sachdev has spent years taking on the health care establishment in Indiana, working to pull down high hospital prices and make information public to patients. Now, in a newly created position in the governor’s Cabinet, she’s no longer fighting from the outside. READ MORE

How Minnesota Created a Text Message System for Family Benefits The Minnesota Department of Human Services (DHS) revolutionized its outreach efforts by launching an innovative SMS text messaging system to connect with constituents during the COVID-19 pandemic. This system enabled real-time communication about critical benefits, ensuring that families received timely and vital support. Download this paper to explore how Minnesota DHS overcame challenges, achieved measurable success, and laid the groundwork for scalable innovation. DOWNLOAD

How to Avoid the Most Common Cryptocurrency Scams Cryptocurrency has revolutionized the financial landscape, offering a decentralized way to buy, sell and invest. But with innovation comes risk. READ MORE

How Will L.A. House Everyone Now? The city was already in the grip of an affordability crisis – last month’s massive fires just made everything worse. What can L.A. learn from other disaster recovery efforts? READ MORE

Ideal Partners: Do Tech Leaders Prefer Big Providers or Startups? We spoke to technology leaders to understand whether they prefer to partner with small or large tech providers to support their IT work. READ MORE

Improve Economic Mobility in Your Community Equip your team with data-driven tools to address barriers and enhance local opportunities. LEARN MORE

In Massachusetts, Cybersecurity Is First a People Issue The state has been successful at reducing its cyber vulnerabilities by nearly 50 percent in the last year, its CISO said, as it undertakes a statewide strategy to grow a cybersecurity culture. READ MORE

Inaugural Phoenix CPO Will Lead Its Data Protection Efforts Officials at Arizona’s capital city have elevated an executive into the new role of chief privacy officer. She will help to improve data governance, mitigate privacy risks and ensure compliance with privacy laws. READ MORE

It's Time to Consolidate Cybersecurity Regulations An ever-growing number of regulations and standards leaves many government cyber experts wondering if more guidelines necessarily equate to better cybersecurity. READ MORE

L.A. District Sets Aside $2.2 Billion to Rebuild Schools Voters approved $9 billion in school construction bonds last fall. The district must rebuild schools destroyed or damaged by smoke or fire and intends to make them more resilient. READ MORE

Looking for a Surefire Political Win? Ban Junk Fees. It’s an opportunity for state lawmakers. The public hates these surprise charges, and they put businesses that price their services transparently at a disadvantage. READ MORE

Louisiana Technology Leader Heads to Dell Technologies Derek Williams was elevated to state CIO last year after having served as deputy CIO since late 2022. He is a veteran Louisiana technologist, and has been with the Office of Technology Services since its creation. READ MORE

Mankato, Minn., Police Look to Expand Video, AI Use Police there are preparing to use high-definition camera systems, license-plate tracking, software powered by artificial intelligence and a nationwide law enforcement surveillance network. READ MORE

Maximizing the Impact of On-Site Solar Energy for Local Governments Read about this comprehensive approach to on-site solar energy can catalyze local government transformation. READ MORE

Minnesota County Launches Mobile App to Fight Food Insecurity The Hometown Food Security Project has launched an innovative mobile app designed to transform how the community addresses food insecurity. READ MORE

Missouri Opens Prison Nursery to Keep Babies With Moms Pregnant women who are incarcerated will move into the facility next week. For now, only women with 18 months or less to serve can participate but the program may expand over time. READ MORE

New ChatGPT Gov Enables Use of Non-Publicly Available Data ChatGPT Gov is the latest artificial intelligence tool from OpenAI, geared toward expanded use by government agencies, and offering another way to access advanced machine learning models. READ MORE 

New Michigan House Elections Chair Is an Election Denier GOP state Rep. Rachelle Smit, a former local clerk, continues to spout false claims about the 2020 election. She’s now the chair of the Michigan House’s newly renamed Election Integrity Committee. READ MORE

New York's Proposed Budget Would Add IT Staff for Cyber, AI The Empire State’s fiscal year 2026 budget would, if approved by the state Legislature, add hundreds of employees to the IT workforce, to help the government be more efficient and use tech better in serving constituents. READ MORE

NYC Commits to Harnessing AI, Announces OpenAI Partnership A new report lays out the strategy of the city and the New York City Economic Development Corp. in leading on applied artificial intelligence. Goals include fostering a dynamic AI ecosystem. READ MORE

Ohio Governor’s Budget Places Emphasis on Helping Children Republican Gov. Mike DeWine has proposed a new refundable child tax credit and increases in child care and children’s health funding, along with full funding for public schools. READ MORE

Outdated Printers Are Costing You - Here's How to Fix That Watch this on-demand webinar to learn how to make your print environment more secure and efficient. WATCH NOW

Outpacing Government? Lessons from Watch Duty’s Rise Watch Duty’s success raises questions about why citizen-led tech is outpacing government emergency response efforts. The company’s co-founder explores the lessons agencies can learn from this citizen-driven model. READ MORE

Paid Family Leave webinar resources now available The New York State's Workers' Compensation Board thanked those who attended its recent Paid Family Leave (PFL) webinar for employees. For those who were unable to attend, or for participants who would like to review the information provided, click recorded version.

Phoenix Privacy Officer Plans Cultural Shift in Protection The city’s inaugural Chief Privacy Officer Ciara Maerowitz is working to weave privacy into processes, get risk assessments done, and promote a culture of responsible data use and transparency in public services. READ MORE

Private Security Guards Are Filling Gaps in Policing (But Not All of Them) Understaffed police departments and concerns over public safety are spurring greater use of private security guards. But they aren't a perfect substitute. READ MORE

Red States Create Their Own DOGE Efforts to Pare Down State Governments GOP governors and lawmakers have set up their own government efficiency task forces and committees to find ways to cut state spending. READ MORE

Restructured Calif. High-Speed Rail Is Poised to Lay Track Now under new leadership, the California High-Speed Rail Authority is set to move into a new phase of development. Plans are to begin train service in the Central Valley in five to eight years. READ MORE

See the Unseen: How Video Analytics Enhances Public Safety See how video analytics empowers public safety teams with real-time insights, helping to reduce crime, manage crowds, and ensure community safety. DOWNLOAD

SLED Procurement Firm Starbridge Raises $10M in Seed Funding The company offers early warning data via its platform that can give suppliers of government technology an edge when it comes to contracts. The company’s founder explains the ideas driving his firm. READ MORE

Social Media Strategies for State and Local Governments Struggling to engage your community on social media? This guide provides a roadmap to navigate the challenges and unlock the potential of social media for state and local government. DOWNLOAD 

State Health Departments Prepare for a Period of Uncertainty State and local public health departments rely on federal funding to operate. With those dollars at risk amid the Trump administration’s federal funding freezes, they’re bracing for the future. READ MORE

State of Oklahoma OMES Takes a Whole-of-State Approach Spearheading a “whole-of-state” approach to essential services, Oklahoma OMES strives to increase efficiency, reduce financial and administrative overheads, and eliminate the duplication of effort, making it easier for the state’s agencies and affiliates to focus on their core missions. READ MORE

States Prepare for Increased Immigration Enforcement in Schools Red states are in sync with the Trump administration’s efforts, but some Democratic governors are reminding districts to protect immigrants’ legal rights. READ MORE

Syracuse, N.Y., Police Probe Online ‘Security Incident’ A problem detected in early January prompted the city police department to shut down its computer system in order to contain its spread. Many components have been restored but a secure server is still coming back online. READ MORE

Texas Gov. Abbott Calls for Creation of New Cyber Command The Texas Cyber Command would work closely with state agencies, universities and Regional Security Operation Centers to improve cybersecurity. Gov. Greg Abbott announced it during his State of the State address Sunday. READ MORE

Texas Governor Bans Chinese AI, Social Apps on Govt Devices Gov. Greg Abbott has issued a ban prohibiting the use of artificial intelligence and social media apps associated with the People’s Republic of China and the Chinese Communist Party, on government-issued electronic tools. READ MORE

Trump Moves to Abolish FEMA, Shift Disaster Response to States President Trump, who calls FEMA “not good,” has issued an executive order and established a commission to look at ending the agency. He favors having states respond to their own disasters, but they may not have adequate resources. READ MORE 

Trump Should Reshape FEMA, Not Kill It Solutions include funding the federal agency properly, requiring states to share a larger burden of the responsibility and removing barriers to resilience. READ MORE 

Trump's Federal Funding Freeze Puts 'Solar For All' Program in Limbo The program is designed to offer solar power to households in low-income and disadvantaged communities. Grant recipients received notice from the federal government that funding was put on pause with no indication when or if they might receive it. READ MORE

Tyler Buys Public Administration, Permitting Startup MyGov MyGov serves some 150 clients and gives Tyler a way to boost its product offerings to local governments. The move comes as public administration stands as one of the main gov tech opportunities for 2025. READ MORE

What State Lawmakers Could Do for Working-Class Americans By empowering them to bargain and providing other protections, policymakers can address frustration over flat wages and inflation, while strengthening local economies. READ MORE

When It Comes to Tax Cuts, South Carolina Is a Red State Outlier South Carolina residents are seeing rates go down thanks to a law passed in 2022, but the state still charges a lot more than North Carolina and other southeastern neighbors. READ MORE 

Will Forcing People Into Mental Health Treatment Help Them? For years, states strictly limited the amount of time people could be institutionalized. With homelessness rising, some policymakers want to do more. READ MORE

Will Trump Roll Back an Anti-Cancer Environmental Rule? Last month, the EPA issued a rule to step up monitoring and limit worker exposure to ethylene oxide, a cancer-causing molecule. But in his first term, Trump rolled back dozens of environmental rules, making residents of Louisiana’s “Cancer Alley” nervous. READ MORE 

With $13M from Feds, Maryland Will Modernize Crash Reporting The state plans to use a $13.2 million grant from the federal government to standardize interagency crash data, improve its quality and make it easier to access. Funds may also be used to automate data sharing. READ MORE

With Outreach, Resources, Governments Mark Data Privacy Day U.S. officials commemorated Data Privacy Day in several ways, ranging from spreading awareness to sharing informational materials at state and local levels. Observance of the occasion originated in 2007. READ MORE


Feb 6, 2025

Imposing a disciplinary penalty on an employee found guilty of submitting a false or misleading report

New York City Office of Administrative Trials And Hearings [OATH] Administrative Law Judge [ALJ] Faye Lewis recommended that a correction captain [CC] be place on a 49-day suspension without pay as the appropriate disciplinary penalty to be imposed on a Correction Captain for placing a person in custody [detainee] in an impermissible neck restraint hold and submitted a false or misleading "use of force report" concerning the incident.

The CC said he was attempting to stop the detainee from leaving a designated housing area when he grabbed the detainee’s neck and threw him to the ground. The video evidence, however, contradicted CC's testimony claiming that contact with the detainee’s neck was inadvertent. The ALJ found that there was no evidence that CC was in imminent danger of death or serious bodily injury and, therefore, the neck restraint was unjustified and excessive.

The Judge Lewis also found that CC made a material omission in his use of force report by writing that he applied force to the “upper body” without mentioning that he applied force to the neck.

After weighing CC's minimal disciplinary record, his duties as a correction captain, and the severity of the misconduct, the ALJ recommended a penalty consistent with the Disciplinary Guidelines for Use of Force Incidents issued under the aegis of the U.S. District Court for the Southern District of New York, the principles of progressive discipline, and the written policy of the Department of Correction, a 50-day suspension without pay is appropriate.

However, while Appointing Authority did not so request such a penalty be imposed in the event CC was found guilty of the disciplinary charges served on him,  in considering the penalty recommended by the Administrative Law Judge, the Appointing Authority noted  “there is a [departmental policy] requirement that Captains are to be suspended in seven (7) day increments.”*

Accordingly, for the proven misconduct, the Appointing Authority held that CC should be suspended without pay for 49 days.

Click HERE to access Judge Lewis' findings and recommendation posted on the Internet.

* See the decision in Rothwell, Decisions of the Commissioner, OATH 1963/17 -- the recommended penalty for a Correction Captain was modified from a 50 day suspension without pay to suspension without pay for 49 days in consideration of Departmental Memorandum 01/99, which “requires that suspension of all captains be imposed in 7-day increments”.



Feb 5, 2025

Analyzing settlement documents executed by the parties in the course of litigation

Plaintiff had settled a federal action she had commenced against the City of New York [NYC] and her employer, the New York City Administration for Children's Services [ACS]. The settlement agreement specifically provided that Plaintiff was settling any and all claims related to her pleadings in the federal action in consideration of her receipt of a payment in the amount of $50,000. 

The release provided that Plaintiff was "releasing any and all claims related to the allegations in the pleadings in the federal action, as well as any right or claim under the Federal Age Discrimination in Employment Act", and "any and all other liability, claims or rights of action that may exist or arise up to and including the date" the release was executed.

However, at the time Plaintiff executed the release of her claims in the federal action, Plaintiff had an action pending in a New York State Supreme Court alleging NYC had violated §8-107(1)(a) of the New York City Human Rights Law because it denied Plaintiff a reasonable accommodation for her disabilities, which were allegedly connected to a work-related accident.

NYC moved to have a New York State Supreme Court dismiss Plaintiff's pending state action under color of the party's federal settlement agreement. Supreme Court denied NYC's motion and NYC appealed the ruling. 

The Appellate Division unanimously affirmed the Supreme Court's decision, explaining that the settlement documents concerning Plaintiff's federal action, when read as a whole, established that the parties intended the release "to be limited to the recital of claims stated in the release", namely, claims that could have been brought in connection with Plaintiff's federal employment discrimination action, or under the Age Discrimination in Employment Act, provided such a claim arose prior to the execution of the release.

In the words of the Appellate Division: 

"The settlement agreement is properly read in conjunction with the release, particularly where the release expressly refers to the settlement agreement. That agreement settles only the claims in the federal action" and "makes no mention of the claims in the instant state action, although it was pending at the time". 

Further, the Appellate Division's decision notes the claims in the two actions were unrelated.

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


Feb 4, 2025

Effort to have a court annul resignation voluntarily submitted by an employee fails

Petitioner appealed Supreme Court's denial of his CPLR Article 78 petition to annul and rescind Petitioner's resignation from his probationary police officer position with the Metropolitan Transportation Authority [MTA]. The Appellate Division unanimously affirmed the lower court's ruling.

The Appellate Division said Supreme Court "correctly concluded that it lacked subject matter jurisdiction because the termination of [Petitioner's] employment was accomplished by his voluntary resignation rather than an administrative determination." The Appellate Division noted that the record indicated that Petitioner's resignation "was voluntary based on his desire to improve his chances of reinstatement in the future".

The court also held that Petitioner's claim of bias based on his ethnicity was unsupported by evidence in the record and he failed to present anything that indicated his termination was based on his ethnicity or any bias by the Field Training Officers who rated his performance as a probationary employee.

The Appellate Division opined that even had Petitioner's resignation not been voluntary, he failed to present evidence showing that his separation of his employment by MTA was arbitrary and capricious, an abuse of discretion, in bad faith, or violative of law and procedure as Petitioner's "performance in phases 2 and 3, and the remedial training phase was found below expectations and unacceptable by different Field Training Officers".

Smith v Kunkel,* is case involving an individual's seeking to have a court consider his efforts to withdraw his written resignation prior to its effective date.

Smith had submitted his resignation to the employer indicating that he was doing so for "personal reasons." The resignation was dated August 21 and was to take effect the September 3, next following. On August 29 Smith wrote Kunkel, the agency's Administrative Officer, "seeking to withdraw and rescind" his resignation. Kunkel declined to approve Smith’s request to withdraw his resignation, citing 4 NYCRR5.3(c)** of the rules for the classified service for employees of the State of New York as the Employer. 

Smith sued the agency contending that Kunkel's refusal to permit him to withdraw his resignation was arbitrary and capricious and that 4 NYCRR 5.3(c) was unconstitutional as it deprived him of his public employment without notice and hearing.

Addressing Smith's constitutional challenge to 4 NYCRR 5.3(c), the Appellate Division rejected Smith's argument noting his contention overlooked a crucial fact -- Smith had not been terminated by the appointing authority but rather had voluntarily resigned from his position. 

The court indicated that the "voluntariness of [Smith's] resignation is not vitiated by the fact that Kunkel rejected his withdrawal request prior to the effective date of his resignation." The Appellate Division concluded that Smith, having by his own action relinquished his position, did not retain any constitutionally protected property interest in it.

* 152 AD2d 893, appeal dismissed, 74 NY 2d 944.

** Said rules "apply to positions and employments in the classified service of the State and public authorities, public benefit corporations and other agencies for which the Civil Service Law is administered by the State Department of Civil Service". Many municipal civil service agencies in New York State have adopted a similar rule or regulation applicable to individuals subject to the municipal agency's jurisdiction.

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


Feb 3, 2025

New York State Comptroller Thomas P. DiNapoli announced the municipal audits listed below have been issued

On January 31, 2025 New York State Comptroller Thomas P. DiNapoli announced the municipal audits listed below have been issued. 

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

Rensselaer County Industrial Development Agency (RCIDA) – Payments in Lieu of Taxes (2021M-74)

Officials did not ensure all PILOT agreements were properly billed, collected and distributed. Sixteen of the 62 bills reviewed were inaccurate because the county’s director of real property tax either used incorrect assessment values or tax rates and had an inconsistent payment calculation process that resulted in two projects being overbilled a total of $170,842 and two projects being underbilled a total of $184,474. Auditors also found that two taxing jurisdictions received $10,607 more than they should have while five others did not receive $24,239 that they should have.

 

Fairview Fire District – Payroll and Leave Accruals (Dutchess County)

District officials did not ensure all employee payroll payments and leave accruals were accurate, monitored, properly approved and supported. This occurred because the board did not provide adequate oversight, segregate payroll duties or develop compensating controls or develop written policies and procedures for these duties. As a result, auditors determined that district officials made payroll calculation errors totaling $8,936 and potentially overpaid 11 employees by a total of $44,301 for leave accrual payments. Officials also paid five employees $55,407 in overtime payments that could have been avoided or reduced.

 

Town of Chesterfield – Town Clerk (Essex County)

The clerk did not properly record, deposit, remit or report collections. As a result, officials do not have assurance that all collections are accounted for, and money could be lost or misappropriated. The clerk and deputy clerk did not record and issue receipts for collections totaling $18,289 received for 273 of 805 fees (34%). The clerk also did not prepare accurate monthly reports and remit collections to the supervisor and other agencies or prepare monthly bank reconciliations and accountability analyses which compare the amount of cash on hand and on deposit in the bank to detailed lists of amounts due to the supervisor and other agencies. Had the town board fulfilled its fiscal oversight responsibilities by conducting a thorough annual audit of the clerk’s records, the deficiencies identified may have been detected and addressed sooner.

 

Village of Washingtonville – Budget Review (Orange County)

The scope of the review was significantly limited by the lack of complete, accurate and current accounting records maintained by the village. The village could face a shortfall of approximately $261,000 in sewer rents and $123,000 in water rents if revenues are not realized. The 2025-26 tentative budget includes appropriations for personnel services of $3.3 million for general, water and sewer funds combined, but it could have additional expenditures when the village settles the police department’s expired collective bargaining agreement. Auditors also project the village is underestimating personnel services by approximately $21,000 for the water and sewer funds. The budget includes appropriations of approximately $243,400 for social security payments which are likely underestimated by approximately $21,200. The village has also underestimated health insurance payments for at least the last two fiscal years. The budget includes a $75,000 general fund contingency, which is less than 1% of the village’s general fund budgeted appropriations and a decrease of $25,000 from the 2024-25 adopted budget. During the review of the village’s proposed budget, auditors were provided with the village’s tentative budget 30 days before the scheduled vote, as required. However, the village posted a conflicting budget to its website six days later. As some of the differences between budgets were significant, such as a $32,471 difference in real property taxes, auditors chose to rely on the proposed budget that was posted to the village's website, as that was the version presented to the public. By not providing accurate budgeted figures timely for the review, the village hinders auditors’ ability to examine the tentative budget and make recommendations to help improve the village’s financial condition. The budget includes a tax levy of $5.4 million. Similar to the revenue and expenditure estimates, the lack of complete, accurate, and current accounting and financial records precludes auditors from concluding on the village’s tax cap compliance.

 

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Feb 1, 2025

A Reasonable Disciplinary Penalty Under the Circumstances

The text of this E-Book focuses on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. For more information click HERE.

NYPPL Publisher Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law. Email: publications@nycap.rr.com