Items selected from blogs posted on the Internet during the week ending April 25, 2025

 

The State of Digital Identity 2025 This report presents findings from a national survey of 231 state and local government officials and higher education leaders on digital identity. DOWNLOAD Making Better Use of Data to Navigate Budget Uncertainty With federal cuts coming, states, cities and counties need to step up their understanding of the programs they run and the priorities they hope to preserve. READ MORE Public Funds Wasted on Waste? Government agencies saved millions by optimizing waste contracts without service disruption. Watch the Masterclass For a Model of Bipartisan Governance, Look to Alaska Its electoral system, bolstered by strong economic and social institutions, enables lawmakers to vote their consciences in bipartisan coalitions. READ MORE As Trump Shifts Cybersecurity to States, Many Aren't Ready Only 22 states meet recommended security standards. But some states have come up with new approaches on their own. READ MORE San Francisco’s New Mayor Seeks to Restore City’s Image A hundred days into the job, Daniel Lurie has been aggressive about stepping up services and addressing downtown woes. He’s won over some critics, but the city faces major challenges including a billion-dollar budget shortfall. READ MORE Utah Gov. Orders Agencies to Prepare for Recession, Cuts Republican Spencer Cox said he hopes the president’s gamble on tariffs will pay off but acknowledged they’re causing short-term pain. READ MORE A Rich County Turns to Data to Boost Affordable Housing Montgomery County in Maryland, part of the Washington, D.C., metro area, is in the midst of a five-year push to improve housing. A housing executive explains how new technology is helping to achieve that goal. READ MORE Funds Committed to Broadband Builds in Patrick County, Va. Many millions have been allocated to high-speed Internet endeavors. A more than $3 million project is nearly complete, while several others remain to be done. One initiative required “quite a bit of engineering work.” READ MORE Pennsylvania County Looks to Fill AI Advisory Council The Montgomery County, Pa., council aims to bring up to 15 people with experience in different sectors together to aid the county’s usage of artificial intelligence in an ethical and responsible fashion. READ MORE Procurement Officials Wait to See How Tariffs Could Affect IT Markets around the world have been reactive to recent U.S. tariff announcements and rollbacks. State officials are concerned trade friction with other nations could lead to equipment shortages and contract turbulence. READ MORE What Agencies Want in Modern Identity Protection Systems Get insights into how public institutions perceive and respond to the risks associated with digital identity. DOWNLOAD How To Choose a Web Provider Learn how the right web provider can amplify your impact and elevate resident experiences. Learn More What’s New in Digital Equity: BEAD Program Changes Forthcoming Plus, Idaho will soon end its digital navigator helpline, an Illinois county is distributing software licenses for digital skills training, Cleveland State University supports digital skills and more. READ MORE Texas Governor Signs Regulatory Efficiency Office Bill Gov. Greg Abbott has approved establishing the Texas Regulatory Efficiency Office, with a projected budget of $22.8 million. It joins the legislative Delivery of Government Efficiency Committee, created earlier this year. READ MORE Seminole County, Fla., Fire Dept. Builds App for Wilderness Rescue To drastically cut response times to people needing help on remote trails, the Seminole County Fire Department created an internal app using lay-of-the-land expertise and countywide collaboration. READ MORE Cyber Attack in Long Beach, Calif., May Have Included Sensitive Info After Long Beach was hit with a cyber attack in November 2023, most of the city’s systems were briefly taken offline and replaced with a stripped back version of the government website, longbeach.gov. READ MORE Iredell County, N.C., Eyes $314,000 Voting Equipment Upgrade A simulated election and vote count test was a success this week — among the final steps before the county’s board of elections will propose buying new equipment. Current systems are aging but secure. READ MORE Creating More Than Just Pretty Websites Local government websites should be resident engagement tools, not digital brochures or org charts. We use intuitive navigation, smart search, and more for optimal self-service. Learn More Want More Housing?: States and Cities Must Cut Red Tape. To address the housing crisis, we need to pick up the pace of development without sacrificing commitments to low-income residents and environmental protections.  READ MORE  From Company Town to Incorporated City Starbase, the Texas home of SpaceX, will likely vote to become a city next month. Then the work of creating a government from scratch will begin. READ MORE L.A. Homeless Programs Run by Bewildering Mix of Oversight Boards Over the years, Los Angeles voters have approved billions in homeless funding — and created layer upon layer of independent institutions. READ MORE Protecting Government Websites and the Critical Systems Behind Them Complimentary Webinar Duration: 60 minutes Get instant access here. New Jersey Advances AI Through an Economic Development Lens Officials in the Garden State have unveiled two new artificial intelligence initiatives, the Next New Jersey Program — AI and the AI Innovation Challenge Administration Grant Program. Both encourage private-sector investment. READ MORE Accela Adds to Its Permitting Power via Acquisition The government technology heavyweight has bought ePermitHub. That company’s technology will help Accela customers further streamline and automate public agency permitting tasks, including via the use of AI. READ MORE Motorola Solutions Combines AI, Voice and Video for Police The company’s newest device for law enforcement combines body camera technology with a microphone that can record different vocal tracks. A company executive explains the appeal of the new AI-backed offering. READ MORE  Pennsylvania County Looks to Fill AI Advisory Council The Montgomery County, Pa., council aims to bring up to 15 people with experience in different sectors together to aid the county’s usage of artificial intelligence in an ethical and responsible fashion. READ MORE  Indiana Data Center Could Bring Significant Power Use The $11 billion data center campus going up outside of Northwest Indiana will have a 2,250-megawatt capacity. It will be able to use as much electricity as 1.5 million households, or up to half the households in the state. READ MORE  Colorado Bill Would Give Tax Breaks to New Data Centers The proposed legislation, a bipartisan proposal, would create a certification system offering tax incentives to entities that build data centers. Critics worry about lost revenue and power demands. READ MORE  Pa. Lawmakers Look to Set Guidelines on Safe AI Development A new Communications and Technology Committee in the House will play a part in reviewing most artificial intelligence-related proposals. Legislators have set a series of policy hearings in which to hear from AI leaders. READ MORE Invest in your workforce's skills and knowledge to adopt AI Skill your public sector workforce and drive productivity and innovation. Explore the Public Sector Center for Digital Skills [Live Webinar] Tech-Powered Project Efficiency: From Waste to Productivity Struggling with project delays and inefficiencies? It's time to simplify, streamline, and succeed! Join industry experts on April 29th to discover how technology is eliminating redundant work, automating tasks, and driving smarter decisions. Save My Seat Philadelphia’s New Tools Illustrate Expansion of Free Wi-Fi The Pennsylvania city has recently launched two new interactive devices, a dashboard and a free Wi-Fi locator. They’re intended to help expand awareness of the free Internet service available to residents. READ MORE Interim in Place, Portland, Ore., Mounts Search for Next CIO Jeff Baer, the city’s longtime chief technology officer and director of the Bureau of Technology Services, has retired. As officials seek his replacement, the job’s working title has been updated to CIO. READ MORE   Fort Lauderdale Picks Exec for Acting CIO as McKay Departs Officials at the Florida city have elevated its chief digital officer to acting chief information officer. Tamecka McKay, the now-former CIO and director of the IT Services Department, has stepped down. READ MORE Abilene, Texas, Continues Investigation of ‘Network Outage’ Officials in the city of about 129,000 residents are probing a server outage detected Friday. They’re working with cybersecurity experts and have disconnected “affected and critical assets to secure our systems.” READ MORE Alabama Is Bringing Forests Into Schoolyards Most of Alabama may be covered in forests, but asphalt still reigns on school playgrounds. The Alabama Forestry Foundation wants to change that. READ MORE [Free Toolkit] Building a Homelessness Prevention System Santa Clara County has proven homelessness prevention works. Learn how to replicate the solution. Learn more What to Do About Rural America’s ‘Ambulance Deserts’ The causes of these alarming gaps in equitable access to emergency care are complex. Fixing the problem won’t come from patchwork efforts or temporary fixes. READ MORE   Ohio Got Into the Pharmacy Business and Saved $140 Million By dealing with pharmacies directly and cutting out middleman companies, Ohio’s Medicaid system saved money even as it dramatically increased payments to pharmacists. READ MORE   Transit Programs Approved by Voters Are Drawing Lawsuits Voters approve most transit funding requests put before them, but after passage the measures have drawn legal opposition in places like Austin, Texas; Nashville, Tenn.; and Phoenix. READ MORE   Maryland Gov. Signs Several Criminal Justice Reform Bills The new laws will make it easier for long-term inmates to apply for parole and for ex-inmates to expunge their criminal records after serving time. READ MORE  How Santa Clara County Prevented Homelessness for 17,000 Families At Risk Santa Clara County has proven homelessness prevention works. Learn how to replicate the solution. Smarter Digital Identity in Government Services State and local governments are under pressure to deliver digital services that are secure, easy to use, and trustworthy. This guide breaks down how identity and access tools--designed specifically for the public sector--can cut down on fraud, simplify service delivery, and build public confidence. DOWNLOAD   How to Ease the Tax-Time Pressure for Your Team and Constituents Tax season doesn't have to strain your staff or frustrate your constituents. Learn how departments of revenue are using smart CX strategies to simplify support, reduce call volumes, and make the tax experience more manageable on both sides of the line. DOWNLOAD  State of Grants Management and Technology Report 2025 Grants teams are facing tighter deadlines, higher compliance stakes, and growing workloads—but rarely more resources. This report breaks down how local governments are navigating these challenges and where purpose-built technology is helping them work more efficiently, reduce risk, and secure critical funding with confidence. DOWNLOAD   Wireless Broadband: A Strategic Approach Drawing on the results of a recent Center for Digital Government survey of state and local leaders, this thought leadership paper covers compelling use cases for wireless broadband and provides tips for developing a 5G strategy for government. Read more to learn how you can propel your agency into the future with wireless 5G broadband! DOWNLOAD An Identity-first guide to building flexible and secure government services Okta helps governments simplify and protect resident Identity. Download our guide to get started. Colorado Incorporates Digital ASL Access at Workforce Centers Visitors to the Colorado Department of Labor and Employment’s workforce centers and vocational rehabilitation centers can now access free American Sign Language interpreting services through a new pilot. READ MORE Bus Systems Make Upgrades to Improve Service, EV Transition A transit network in Seattle has introduced technology to reduce “bus bunching” and space vehicles evenly on a route. And a suburban bus company in Chicago is taking steps to transition its fleet to zero-emission vehicles. READ MORE AidKit Launches Aid Platform for Local Governments The new tool promises more speed and customization for public agencies that want an “end-to-end” platform to get help into the right hands. The offering follows a recent seed funding round for AidKit. READ MORE Wake County, N.C., Launches New Land-Use Records Platform The site, which debuted Monday, offers an update system through which property owners can be alerted to fraud. It’s part of an endeavor underway since 2020 and involved moving millions of records to the new platform. READ MORE  Colorado Bill Would Give Tax Breaks to New Data Centers The proposed legislation, a bipartisan proposal, would create a certification system offering tax incentives to entities that build data centers. Critics worry about lost revenue and power demands. READ MORE 3 principles of a modern Identity strategy Take your Identity program from where it is today to where it needs to be. Learn more. States Are Trying to Get Rural Health Workers to Stick Around Programs in Colorado and Illinois home in on finding and supporting health-care practitioners willing to work — and hopefully remain — in underserved rural areas. READ MORE  The Conservative Case for DEI These programs align with core American values. Democrats shouldn’t be the only ones defending them. READ MORE  Can You Cut Medicaid If It's in the State Constitution? Voters in three states enshrined Medicaid expansions in their state constitutions. Those states could be on the hook if Congress cuts program funding significantly. READ MORE   California's Big Shift: Asian Population Rising, Latinos Declining The change is most dramatic in Silicon Valley, which is seeing more highly educated immigrants arrive from India and China. READ MORE  Oregon Gov. Supports Idea of State Payments to Capital City Salem, Ore., is in budget straits, in part because untaxed state buildings make up 8 percent of the property in the city. Tina Kotek is backing a local property tax increase as lawmakers consider ways to help the city directly. READ MORE Stay Ahead with Resilient Budgeting Learn how to anticipate change, boost flexibility, and build future-ready budgets. Sign Up for the Webinar Cyber Program Gets Federal Funding Extension, New Home The Common Vulnerabilities and Exposures Program will continue operating with an 11-month continuation of its federal contract. It will ultimately transition to the newly launched CVE Foundation. READ MORE Why Your Agency Needs Whole-of-State Security Find out how your agency can build a unified response to cyber threats through whole-of-state security. DOWNLOAD Long Beach Wraps Security Incident Review, Notifies Public The Southern California city added $1 million to its cybersecurity budget during a 16-month investigation into a 2023 network breach that exposed sensitive data. Officials are now notifying people who may have been affected. READ MORE  Switching to Cybersecurity: Advice for Midcareer Professionals In our emerging age of AI, there are predictions about various careers becoming obsolete. More people are asking about moving into cyber roles. Here are some tips to consider. READ MORE  Crosswalk Hacks: A Wake-Up Call for Government IoT Security While viral videos of hacked crosswalks displaying faked messages amused many, the pranks highlight a sinister cybersecurity vulnerability lurking within the wireless technologies used by local government infrastructure. READ MORE  Texas Advances Bill for State Agency to Fight Cyber Threats Texas would establish a new state cybersecurity agency to fend off attacks on sensitive public systems and private data under legislation approved Tuesday in the Texas House. READ MORE   Maine E-ZPass System Closed to Avoid Possible Security Breach Officials shuttered the system on the Maine Turnpike for half a day in March to avoid a potential cybersecurity incident. Accounts and their private data were never at risk of being compromised. READ MORE Smarter Digital Identity in Government Services This guide breaks down how identity and access tools--designed specifically for the public sector--can cut down on fraud, simplify service delivery, and build public confidence. DOWNLOAD The Escalation of Digital Identity Fraud in State Government Pension Programs As state government pension programs transition into the digital era, the conveniences of technology bring with them a new and alarming challenge — the prevalence of digital identity fraud. READ MORE Crosswalk Hacks: A Wake-Up Call for Government IoT Security While viral videos of hacked crosswalks displaying faked messages amused many, the pranks highlight a sinister cybersecurity vulnerability lurking within the wireless technologies used by local government infrastructure. READ MORE   New Jersey Advances AI Through an Economic Development Lens Officials in the Garden State have unveiled two new artificial intelligence initiatives, the Next New Jersey Program — AI and the AI Innovation Challenge Administration Grant Program. Both encourage private-sector investment. READ MORE Motorola Solutions Combines AI, Voice and Video for Police The company’s newest device for law enforcement combines body camera technology with a microphone that can record different vocal tracks. A company executive explains the appeal of the new AI-backed offering. READ MORE Switching to Cybersecurity: Advice for Midcareer Professionals In our emerging age of AI, there are predictions about various careers becoming obsolete. More people are asking about moving into cyber roles. Here are some tips to consider. READ MORE Modernizing Network and Remote Workforce Security Traditional approaches to security are no longer sustainable, leaving agencies vulnerable to advanced threats, compliance risks, and inefficiencies. DOWNLOAD

State retiree's pension and social security benefits were stolen by two individuals he entrusted to take care of him and forced him to live in squalor in his own home

New York State Comptroller Thomas P. DiNapoli, Rensselaer County District Attorney Mary Pat Donnelly, and New York State Police Superintendent Steven G. James announced the guilty plea of Devin Zielinski, 33, for stealing over $230,000 from an elderly victim. His co-defendant in this caretaker scheme, Amber Diacetis, a 31-year-old Albany woman, pleaded guilty to grand larceny in the third-degree last year.

“Preying on a vulnerable senior citizen to steal his hard-earned pension and social security benefits while forcing him to live in squalor in his own home is reprehensible,” DiNapoli said. “Thanks to my partnership with Rensselaer County DA Donnelly, State Police Superintendent James and the Schodack Police Department, the people who committed this heinous crime have been held accountable and their victim is in a safe and secure environment.”

District Attorney Donnelly stated, “This was a case of abuse of trust and greed. The defendants scammed and stole from a senior citizen who entrusted them to take care of him. The acts of these defendants have had a devastating impact on the victim and the victim’s family. The Rensselaer County DA’s Office will continue to work with our partners in the State Comptroller’s Office and in law enforcement to ensure financial predators like Devin Zielinski face the consequences for crimes against the elderly.”

Superintendent James said, “Zielinski and his co-conspirator took advantage of an elderly individual, stealing the pension and social security benefits he earned over a lifetime of work while forcing him to live in absolute squalor. I want to thank our members, Comptroller DiNapoli, the Rensselaer County District Attorney’s Office and the Schodack Police Department for ensuring the suspects will be held accountable for their criminal actions, and for providing a measure of justice for the victim.”

The victim, a now 87-year-old New York state pensioner, met Diacetis through an online service. Diacetis then introduced the victim to Zielinski and the two then schemed to convince the victim to let them become his live-in caregivers.

The victim, whose wife had died years earlier and had no other direct support, received a monthly income of $3,526 for his pension and $2,138 from Social Security. The defendants persuaded the victim to allow them to control his affairs, including his finances.

Investigators found that the defendants did not pay the victim’s mortgage, property taxes or other bills for four years, causing the victim’s home to be placed in foreclosure, his vehicle to be repossessed and his electricity to be turned off. Instead, the defendants stole the money for their personal entertainment. The victim was unaware his bills were not being paid due to his isolation and condition.

From January 2018 to August 2023, a total of $338,000 in pension and Social Security income were deposited into the victim’s bank accounts. The investigation revealed that the defendants made more than $230,000 in cash withdrawals from the victim’s accounts.

In addition to the alleged theft, the defendants’ actions caused the victim to live in deplorable conditions: the toilet and shower in the home were inoperable, animal feces were on the floor, and the victim was found in need of care. He was subsequently provided with the necessary treatment and services and is no longer living in his house.

Zielinski remained in the home after the victim was removed and foreclosure proceedings began. Zielinski currently resides at the property in a squatter capacity.

Zielinski pleaded guilty to grand larceny in the third degree before Judge Jennifer G. Sober in Rensselaer County Court. His sentencing is scheduled for June 18. Diacetis is due back in court for sentencing on May 20.

###

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.

A claimant's application for New York State unemployment insurance benefits may be denied for failing to cooperate

The New York State Unemployment Insurance Appeal Board ruled that Claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant had been served with administrative disciplinary proceeding pursuant to Civil Service Law §75 after the Employer received "public complaints about a potential derogatory post on Claimant's social media account", which account identified Claimant's place of employment.  Such disciplinary charges alleged that Claimant had violated the Employer's code of conduct. These charges were then  amended to include allegations that Claimant violated the Employer's established policies by failing to cooperate in the agency's investigations which followed. 

Ultimately these charges were sustained by an administrative hearing officer and the hearing officer recommended that Claimant be terminated from his position. The hearing officer's findings and recommendation were adopted by the appointing authority and Claimant was terminated from his position.

Claimant then applied for unemployment insurance benefits. However, in the Unemployment Insurance Board hearings which followed the parties limited the issue to whether Claimant's social media post amounted to misconduct. The Unemployment Insurance Board's Administrative Law Judge [ALJ] gave "collateral estoppel effect to the findings of fact made at the disciplinary proceeding regarding the social media post" but then made independent additional factual findings.

The ALJ found that Claimant's conduct was an isolated incident of poor judgment that did not amount to disqualifying misconduct and ruled that Claimant was entitled to unemployment insurance benefits. 

The Employer submitted an  administrative appeal challenging the ALF's ruling and the Unemployment Insurance Appeal Board remanded the matter for further consideration of the additional issue of whether Claimant's conduct in failing to cooperate with the investigations into the disciplinary charges filed by the Employer constituted disqualifying misconduct.

The ALJ, adhering to the previous ruling related to the social media posting, held that Claimant's "failure to cooperate in the disciplinary investigations, which was in violation of a known policy of the [Employer]," constituted disqualifying misconduct. The Board affirmed the ALJ's findings and Claimant appealed.

The Appellate Division held that substantial evidence supported the Board's decision that Claimant's failure to cooperate with the Employer's investigations in contravention of a known policy of the Employer amounted to disqualifying misconduct, citing  Matter of Telemaque [Commissioner of Labor], 148 AD3d 1441, and other decisions. In so doing the Court rejected Claimant's argument that the Board "erred in remitting the matter for further development and consideration of whether [Claimant's] failure to cooperate in the investigations amounted to misconduct", noting that this issue was litigated in the course of the §75 disciplinary proceeding and was a basis for Claimant's discharge from employment. 

Thus, explained the Court, the Board "was not precluded from remanding the matter for further consideration and development of the record in order to independently determine whether [Claimant] was properly denied unemployment insurance benefits for failing to cooperate."

The Appellate Division's decision also noted that Claimant had "commenced a federal action challenging his discharge, which was resolved by a settlement under which the [Employer] agreed to, among other things, internally change [Claimant's]  termination for misconduct to an irrevocable voluntary resignation", pointing out that the Appellate Division and the parties agreed that such settlement has no impact on the instant appeal.

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

Plaintiffs allege their employer, by failing to adequately investigate their claims of employee misconduct, created a racially hostile work environment in violation of Title VII

Plaintiffs brought an action in federal district court alleging that their employer, the New York State Department of Corrections and Community Supervision [DOCCS], "negligently created a racially hostile work environment in violation of Title VII" by failing to adequately investigate their allegations of misconduct by certain coworkers. The federal district court had granting summary judgment in favor of DOCCS after finding Plaintiffs failed to show:

1. Liability for the alleged misconduct could be imputed to the DOCCS;

2. The alleged misconduct was severe or pervasive enough to alter the conditions of their employment; and 

(3) The alleged misconduct was based on their race. 

Plaintiffs appealed each of the district court's ruling to the U.S. Circuit Court of Appeals, Second Circuit.

Citing Rasmy v. Marriott Int’l, Inc., 952 F.3d 379, the Circuit Court said “An employer violates Title VII when the ‘workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment so long as there is a basis for imputing the conduct that created the hostile environment to the employer." In addition, the Court noted that the plaintiff must demonstrate that the conduct occurred because of the plaintiff's protected status, citing Agosto v. N.Y.C. Department of Educ., 982 F.3d 86, and Desardouin v. City of Rochester, 708 F.3d 102.

Opining that "It is insufficient for a plaintiff to allege that he or she is a member of a protected class, experienced a hostile workplace, and therefore that the hostility must have been because of his or her protected class", the Circuit Court of Appeals said it agreed the district court that "there is no evidence from which a reasonable jury could conclude that these acts of harassment were directed at [Plaintiffs] because of their race".

In the words of the Circuit Court, "the only evidence referencing any reason for the alleged abuse, including the [Plaintiffs’] own testimony, tended to indicate that [Plaintiffs] were harassed because they were perceived to be disloyal* and the evidence offered nothing to suggest that the treatment of Plaintiffs was based on their race.**

Nor, said the Court, could a reasonable jury infer that the supervisors discriminated against Plaintiffs because of their race. Although Plaintiffs argued that they were assigned to “less desirable” posts more often than white officers, the record indicates that (1) “[t]here are no inferior posts,” (2) other officers were assigned to the posts that were subjectively considered "less desirable" at least as much as [Plaintiffs] and (3) [Plaintiffs] "were assigned to posts that were consistent with their job responsibilities" and Plaintiffs did not submit any evidence "to support the assertion that the posts they requested were assigned to white officers."

Concluding that the federal district court correctly granted summary judgment to DOCCS on the ground that no reasonable jury could find that Plaintiffs were harassed because of their race, the Circuit Court of Appeals affirmed the judgment of the district court.

* One Plaintiff said "that other officers believed Plaintiff was a 'rat' because Plaintiff had testified on behalf of an inmate in a disciplinary hearing" while the second Plaintiff said  "other officers regarded him [quoting derogatory language] because he had testified against a fellow corrections officer at another institution where he had worked". 

**The Court said that the evidence is consistent with the theory that [Plaintiffs] experienced “workplace bullying completely detached from any discriminatory motive.” 

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

An employee's submitting a resignation letter and, or, requesting to be removed from the employer's payroll held critical to effecting a bona fide retirement

As noted by the Appellate Division in a Footnote in its decision dated April 10, 2025, set out below, members of the New York State and Local Retirement System [NYSLRS] who retire as correction officers are entitled to benefits under Article 14 of the New York State Retirement and Social Security Law whereas members of NYSLRS employed by certain other participating public employers, including school districts, are entitled to benefits pursuant to Article 15 of such Law. 

Further, if a former correction officer retires from service with an Article 15 employer, that individual's years of service under Article 14 is considered in the Article 15 retirement benefit calculation and, in some instances, the benefits available under Article 15 may be more advantageous. 

Significantly, an employee's submitting a letter of resignation letter and, or, being removed from the employer's payroll is critical to effecting his or her retirement.

In the second footnotes in the decision set out below, the Appellate Division said "Given the similar failure to submit a resignation letter and/or seek to be removed from the school district's payroll, we find that [NYSLRS'] determination that the break in petitioner's employment attributable to the COVID-19 pandemic did not constitute a bona fide retirement is also supported by substantial evidence", citing Matter of Strzepek v DiNapoli, 227 AD3d at 1356-1357.

The text of the Appellate Division's decision in the instant appeal is set out below:

In the Matter of Daniel Radwan, Petitioner,

v

Thomas P. DiNapoli, as State Comptroller, Respondent.

Calendar Date: February 10, 2025
Before: Aarons, J.P., Pritzker, Reynolds Fitzgerald, Ceresia and Powers, JJ.

Creighton, Johnsen & Giroux, Buffalo (Jonathan G. Johnsen of counsel), for petitioner.

Letitia James, Attorney General, Albany (Frederick A. Brodie of counsel), for respondent.

Pritzker, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent denying petitioner's application for Retirement and Social Security Law article 15 service retirement benefits.

Petitioner worked as a correction officer for the Department of Corrections and Community Supervision (hereinafter DOCCS) for over 30 years until April 15, 2019. In December 2018, petitioner also began working as a part-time laborer on an as-needed basis for the Frontier Central School District. Less than one year later, petitioner filed an application with the New York State and Local Retirement System seeking service retirement benefits under Retirement and Social Security Law article 15 and listing the effective date of his retirement as April 27, 2019.^[FN1] Significantly, however, petitioner did not submit a resignation letter to the school district until April 2021. In response to petitioner's application for retirement, the Retirement System sent a letter to the school district indicating that petitioner had applied for retirement, that the effective date thereof would be April 27, 2019 and that the day prior thereto would be the last day that petitioner could receive a salary. Despite this, petitioner continued working for the school district and collecting a salary.

Beginning in May 2019, the Retirement System's pension integrity bureau began investigating retirement applications of correction officers who predominately worked under Retirement and Social Security Law article 14 but were seeking benefits under Retirement and Social Security Law article 15. In a September 2021 letter, the pension integrity bureau informed petitioner that, upon reviewing his application, petitioner "did not have a bona fide termination from employment prior to the effective date of [his] retirement." Upon petitioner's request, a hearing ensued, at the conclusion of which the Hearing Officer denied petitioner's application and found, among other things, that there was no genuine termination of petitioner's employment with the school district in 2019 and, as a result, petitioner would need to return payments that he had been receiving but to which he was not entitled. Respondent upheld the Hearing Officer's decision, prompting petitioner to commence this CPLR article 78 proceeding to challenge respondent's determination, which was transferred to this Court (see CPLR 7804 [g]).

Petitioner argues that respondent's interpretation of Retirement and Social Security Law article 15 as requiring an applicant to actually stop working for a public employer in order to obtain retirement benefits is unreasonable. In light of this Court's recent decision in Matter of Strzepek v DiNapoli (227 AD3d 1353, 1356 [3d Dept 2024]), we disagree. Respondent "is vested with the exclusive authority to determine all applications for retirement benefits and the determination must be upheld if the interpretation of the controlling retirement statute is reasonable and the underlying factual findings are supported by substantial evidence" (Matter of Tamucci v DiNapoli, 133 AD3d 960, 961 [3d Dept 2015] [internal quotation marks, brackets and citations omitted]; see Matter of Graziose v DiNapoli, 137 AD3d 1452, 1453 [3d Dept 2016]). To that end, as we held in Matter of Strzepek v DiNapoli, "we have no quarrel with the proposition that, in order to qualify for benefits under Retirement and Social Security Law article 15, an applicant such as petitioner indeed must demonstrate that he or she actually retired from public service employment in the first instance. We are similarly persuaded that it is entirely rational and reasonable for respondent to require that such retirement be genuine, i.e., the applicant must demonstrate that there has been a legitimate cessation or termination of employment. . . . [S]imply filing an application for benefits, selecting a retirement date and abstaining from performing services for the employer on the effective date thereof does not constitute a legitimate retirement — particularly where . . . the applicant in question remains on the employer's payroll and subsequently continues to perform services for the employer" (227 AD3d at 1356 [footnote omitted]). In light of the foregoing, we also find that respondent's determination that petitioner did not actually retire on April 27, 2019 is supported by substantial evidence (see id. at 1357). Specifically, the evidence demonstrates that, although claimant informed the school district that he would be retiring on said date, he did not submit a resignation letter nor ask to be removed from the payroll. And, when the school district contacted him to work again only days after his purported retirement date, claimant agreed to work, and then continued working, albeit with some breaks,^[FN2] until he submitted a resignation letter in April 2021. As such, we decline to disturb respondent's determination.

We now turn to petitioner's argument that his right to due process was violated. Petitioner's contention that his due process rights were violated by respondent's adoption of a new policy is without merit as respondent acted within the purview of his authority when he provided an interpretation of the relevant statutory text to determine whether petitioner had actually retired (see id. at 1355). Nor do we find that an edit made to an information booklet in 2021 suggests the imposition of a new standard as the main purpose of the edit appears to be to inform applicants that "a bona fide termination" of employment must occur before an applicant is considered retired. However, inasmuch as petitioner failed to effectively terminate his employment with the school district, he did not have a legitimate claim of entitlement to the retirement benefits that had accrued on his behalf (see generally Matter of Montgomery v New York State Dept. of Corr. & Community Servs., 192 AD3d 1437, 1440 [3d Dept 2021], lv denied 37 NY3d 908 [2021]; Matter of Soriano v Elia, 155 AD3d 1496,1501 [3d Dept 2017], lv denied 31 NY3d 913 [2018]). In this regard, his due process rights as to those benefits could not have been violated (see id.).

Finally, petitioner contends that respondent should be estopped from recouping monies paid to petitioner during the period respondent now says he was not retired. Petitioner's assertion in this respect centers around alleged erroneous advice given by one of respondent's employees who advised petitioner that, in order to retire from the school district, he could not work on the day of retirement or the day after. However, "[a]s a general rule, estoppel may not be invoked against a governmental body with regard to the exercise of its governmental functions or its correction of an administrative error" (Matter of Taranto v City of Glen Cove, 212 AD3d 826, 828 [2d Dept 2023]; see Matter of Smith v DiNapoli, 167 AD3d 1208, 1211 [3d Dept 2018]). Contrary to petitioner's contention, we do not find his case to be one of "the rarest of cases" in which an exception to the general rule applies (Matter of Taranto v City of Glen Cove, 212 AD3d at 828 [internal quotation marks and citation omitted]; see Matter of Smith v DiNapoli, 167 AD3d at 1211). Moreover, "[u]nder settled principles, the doctrine of estoppel will not provide eligibility [to retirement benefits] where by statute a person clearly does not qualify" (Matter of Price v New York State & Local Employees' Retirement Sys., 107 AD3d 1212, 1216 [3d Dept 2013] [internal quotation marks, brackets and citation omitted]; see Matter of Schuyler v New York State & Local Employees' Retirement Sys., 158 AD3d 909, 912 [3d Dept 2018]), "even if the advice of the administrative employees was erroneous" (Matter of Burns v Regan, 87 AD2d 944, 946 [3d Dept 1982], appeal dismissed 57 NY2d 954 [1982]; see Matter of Lane v DiNapoli, 179 AD3d 1267, 1269-1270 [3d Dept 2020]). Additionally, to the extent that petitioner was provided with incorrect information, it was not his reliance on this information that was ultimately the source of his problems; rather, it was his failure to properly retire by submitting a resignation letter to the school district and/or seeking to be removed from its payroll. Thus, despite the erroneous advice of the Retirement System's administrative officials, the doctrine of estoppel cannot provide petitioner eligibility to retirement benefits for which he did not qualify (see Matter of Lane v DiNapoli, 179 AD3d at 1269-1270; Matter of Schuyler v New York State & Local Employees' Retirement Sys., 158 AD3d at 912; Matter of Price v New York State & Local Employees' Retirement Sys., 107 AD3d at 1215-1216; Matter of Burns v Regan, 87 AD2d at 946). We have reviewed petitioner's remaining contentions and, to the extent not specifically addressed herein, find them to be lacking in merit.

Aarons, J.P., Reynolds Fitzgerald, Ceresia and Powers, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

Footnotes

Footnote 1: Retirement System members who retire as correction officers are entitled to benefits under Retirement and Social Security Law article 14, whereas members employed by certain other public employers, including school districts, are entitled to benefits under Retirement and Social Security Law article 15 (see Retirement and Social Security Law §§ 504 [e]; 600 [2] [a]). However, and according to respondent, if a former correction officer retires after service with an article 15 employer, that individual's years of service under article 14 are considered in the article 15 retirement benefit calculation and, in some instances, the benefits available under article 15 may be more advantageous.

Footnote 2: Given the similar failure to submit a resignation letter and/or seek to be removed from the school district's payroll, we find that respondent's determination that the break in petitioner's employment attributable to the COVID-19 pandemic did not constitute a bona fide retirement is also supported by substantial evidence (See Matter of Strzepek v DiNapoli, 227 AD3d at 1356-1357).

N.B.: See Matter of Petricca v DiNapoli, 2025 NY Slip Op 02121, also decided on April 10, 2025, by the Appellate Division, Third Department. 

A New York City Office of Administrative Trials and Hearings Administrative Law Judge recommended dismissal of disciplinary charges filed against a New York City Probation Officer

OATH Administrative Law Judge Kevin F. Casey found a probation officer guilty of insubordination and conduct prejudicial to good order and discipline as the result of her wearing business attire to work "instead of a polo shirt required by a new dress code" and other clothing required by the Employer's new dress code. 

The probation officer, whose duties included regular courtroom appearances, was charged with misconduct for not wearing a Department-issued polo shirt with the agency’s logo. In addition, the new dress code required the probation officers required to provide, at their own expense, "blue cargo pants, black shoes, and lightweight jackets with the Department’s logo" that was to be worn. 

Citing Ferreri v. NYS Thruway Authority, 62 N.Y.2d 855, the ALJ's observed that employees "were required to obey a supervisor’s order; if the employee believes that an order is improper, the employee can later grieve it through appropriate channels". Judge Casey also noted that the Probation Officer "failed to show that the order to wear the shirt was unlawful, clearly beyond management’s authority, or imminently threatening to health or safety."

However, Judge Casey also found that the Department improperly retaliated against the officer for complaining about the new "dress code" to the Commissioner’s representative and the Department’s General Counsel. 

The ALJ said that the record, the Probation Officer’s credible testimony and other evidence indicated that less than one week after complaining about the new policy, the Department took adverse employment action against the officer by transferring her to another unit, in a different borough, without following Department procedures for involuntary transfers and imposing an unlawful 30 work-day pre-trial suspension without pay.

The ALJ recommended the that the Appointing Authority dismiss all of the disciplinary charges filed against the Probation Officer.

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

Fiscal Stress reports for some New York State cities and villages issued by New York State's Comptroller Thomas P. DiNapoli

On April 17, 2025, New York State Comptroller Thomas P. DiNapoli announced that nine villages were designated as being in fiscal stress under his office’s Fiscal Stress Monitoring System (FSMS) for their fiscal year ending in 2024. 

DiNapoli’s office evaluated all non-calendar year local governments that filed their financial reports in time to be scored and designated three villages in “significant fiscal stress,” two in “moderate fiscal stress,” and four as “susceptible to fiscal stress.”

The Village of Island Park (Nassau County), the Village of Saugerties (Ulster County) and the Village of Cambridge (Washington County) were classified in “significant fiscal stress.” 

The two villages designated in “moderate fiscal stress” were: Coxsackie (Greene County) and Washingtonville (Orange County). 

The four villages classified as “susceptible to fiscal stress” were: Huntington Bay (Suffolk County), Kaser (Rockland County), Chateaugay (Franklin County) and Liberty (Sullivan County).

“The number of local governments with a fiscal stress designation remains low following several years of emergency federal pandemic aid that helped stabilize their finances.” DiNapoli said: “With that aid coming to an end and uncertainty coming out of Washington on state and local funding cuts, local officials should closely monitor their financial condition so they can be prepared for any financial challenges that lie ahead. I encourage local governments to use our self-assessment tool to help them budget and avoid potential pitfalls.”

The latest round of fiscal scores reported for local governments cover those ending between Feb. 28, 2024, and July 31, 202, and included 518 villages, most of which have a fiscal year ending on May 31. 

The scores, which are based on self-reported data, also cover 17 cities with non-calendar fiscal years, including the “Big 4”: the cities of Buffalo, Rochester, Syracuse and Yonkers, each of which have fiscal years ending on June 30, 2024.

Local governments are statutorily required to file an Annual Financial Report (AFR) with the Office of the State Comptroller following the close of their fiscal year. In total, 108 local governments did not file their data in time to receive a FSMS score, a date that is at least three months past their statutory filing deadline. This represents approximately 20% of the local governments evaluated in this period. Over 482,000 New Yorkers reside in these municipalities.

The Comptroller's office continues to remind local officials of both the statutory filing deadlines, as well as the critical filing dates for receiving a fiscal stress score. His office recently launched a webpage that highlights the importance of the AFR and the concerning increase in the number of non-filers. The webpage includes a tool to check the filing status of any local government.

FSMS, which DiNapoli launched in 2012, assesses levels of fiscal stress in local governments using financial indicators including year-end fund balance, cash position, short-term cash-flow borrowing, and patterns of operating deficits. It generates overall fiscal stress scores, which ultimately determine designations. The system also analyzes separate environmental indicators to help provide insight into the health of local economies and other challenges that might affect a local government’s or school district’s finances. This information includes population trends, poverty, and unemployment.

DiNapoli’s office has a self-assessment tool that allows local officials to calculate fiscal stress scores based on current and future financial assumptions. Officials can use this tool to assist in budget planning, which is especially helpful during periods of revenue and expenditure fluctuations.

In January, 2024, DiNapoli released fiscal stress scores for school districts. In September, his office will release scores for municipalities with a calendar-year fiscal year, which includes counties, towns, most cities and a few villages.

List of Villages and Cities in Fiscal Stress
Municipalities in Fiscal Stress

List of Villages and Cities that Failed to File Financial Information
Municipalities that Failed to File or Inconclusive List

Complete List of Fiscal Stress Scores
Data Files

FSMS Search Tool
Tool

AFR Non-Filers
Webpage
Tracker Tool

 

Join/Renew 1.0 Areas of Professional Practice; 1.0 Diversity, Inclusion & Elimination of Bias; 2.5 Ethics and Professionalism Friday, May 2, 2025 12:30 p.m. – 5:00 p.m. Free to All Three Registration Options Available Albany, NY In-Person and Zoom Available Buffalo, NY In-Person and Zoom Available New York, NY In-Person and Zoom Available Join the Local and State Government Law Section and the Committee on Diversity, Equity, and Inclusion on May 2 for our annual Spring Forum. This year’s forum examines key legal issues shaping equity, governance, and technology. Topics include: Government-Sponsored Segregation in Housing & Finance – The legal history and ongoing impact of discriminatory policies. Tribal Sovereignty & Cultural Restitution – Legal frameworks supporting Indigenous rights and repatriation. Government Ethics & Morality – Navigating ethical dilemmas in public service. AI & Legal Practice – Addressing bias and ensuring fairness in legal tech. Gain insights from experts on past injustices and emerging legal challenges to promote a more just future. This program offers valuable insights for legal professionals seeking to understand the historical and ethical foundations of current legal challenges while exploring innovative approaches for a more just future.                                                         Posted by NYPPL Pro Bono Sponsors Local and State Government Law Section Committee on Diversity, Equity, and Inclusion Committee on Continuing Legal Education