Selected items posted on blogs during the week ending February 6, 2026

Five Ways Government Leaders Boost Transparency and Trust Learn how public-sector agencies strengthen community confidence through improved transparency and accountability. READ NOW

The 2026 State of Online Payments This sixth annual report delivers essential insights into how, when, and why Americans are paying their bills digitally.   DOWNLOAD

The Risk of Standing Still Learn why forward-thinking leaders are upgrading PeopleSoft to secure, AI-powered Oracle Cloud See Upcoming Locations and Register Today

Weekly Government Webinar Roundup  Register now and watch at your leisure!  📜 All registrants will have the opportunity to download a certificate of attendance at the completion of a webinar.

Resilient Digital Government Organizations: Strategies for 2026 Boost workforce satisfaction with AI-driven tools and strategies for resilient, modern government and education organizations. WATCH NOW   Collaboration for Government: Productivity and Compliance  Learn how organizations are leveraging certified, secure video and communication solutions to support productivity & public engagement. WATCH NOW   Smarter Cloud Strategies for State and Local Government Learn how state and local agencies are securing cloud growth, controlling costs and building trust around modernization and compliance. WATCH NOW   Connected Government 2026: How AI Can Build Smarter, Secure, and More Responsive Communication Ecosystems Watch this discussion on how agencies are preparing their communication ecosystems for the future. WATCH NOW   Building a Future-Ready Workforce: Strategies for AI-Driven Government Focusing on the workforce side of AI transformation, this webinar offers practical insights for navigating new talent requirements. WATCH NOW   AI in Government: Trends to Watch, Risks to Monitor, and the Role of Automated Software Testing Explore how public sector teams are using automated software testing to keep systems reliable, accountable, and ready for real-world pressure. WATCH NOW

Applicant for performance of duty disability retirement benefits bears the burden of demonstrating the disability resulted from an injury sustained in service

In March 2014, Petitioner, a police sergeant, filed an application for performance of duty disability retirement benefits alleging that he was permanently incapacitated due to injuries he sustained in July 2007, during a foot pursuit of a suspect through a wooded area and was struck in the left eye by a tree branch.

Treated at the scene for the injury to his eye, Petitioner went to an emergency room that same night and was cleared to return to full duty three days later. Petitioner ultimately retired in March 2014 and filed an application performance of duty disability retirement.

Although the New York State and Local Police and Fire Retirement System [System] conceded that Petitioner was permanently incapacitated and could not perform his duties of his position, the System denied Petitioner's application, "finding that his disability was not the natural and proximate result of an incident sustained in the service upon which his membership was based".

Petitioner requested a hearing and redetermination, during which Petitioner, his treating physician and the physician who evaluated Petitioner at the request of the Retirement System appeared and testified. 

The Hearing Officer sustained the System's denial of Petitioner's application, finding that Petitioner failed to demonstrate that his permanent incapacity was the natural and proximate result of the July 2007 incident. Petitioner filed a CPLR Article 78 proceeding challenging the System's decision.

The Appellate Division confirmed the System's ruling, explaining that "In order to be entitled to performance of duty disability retirement benefits, petitioner bore the burden of demonstrating that he was incapacitated from the performance of duty as the natural and proximate result of a disability sustained in service", noting that "Where, as here, there is conflicting medical evidence, [the System] is vested with the exclusive authority to weigh such evidence and credit the opinion of one medical expert over another".

Pointing out that a court's determination in this matter is limited to ascertaining whether the System's determination it is supported by substantial evidence, the Appellate Division, citing Matter of Stancarone v DiNapoli, 219 AD3d 1649 and other cases, noted that "conflicting medical evidence presented a credibility issue for [the System] to resolve", and the testimony of Petitioner's treating physician was not entitled to any greater weight than that of the System's expert witness. Here, said the Appellate Division, the Hearing Officer specifically credited the opinion of System's expert over that of Petitioner's treating physician, finding that competent medical evidence supported the finding that the July 2007 incident "was not the cause of [Petitioner's] disability".

Given that the System's determination denying Petitioner's application was supported by substantial evidence, the Appellate Division said it found "no reason to disturb it".

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

Determining if the disciplinary penalty imposed on the employee shocks the court's sense of fairness

A tenured New York City school teacher [Educator] employed by the New York City Department of Education [DOE] challenged her being terminated from her position after being found guilty of certain disciplinary charges including allegations that she had directed a racially charged insult at an individual in the course of an incident which had occurred off school grounds. 

DOE's investigation of this event had led to its discovery of additional alleged discriminatory conduct by Educator that was claimed to have been directed at Educator's students in her classroom. 

Supreme Court denied Educator's application brought pursuant to CPLR Article 75 seeking to vacate the arbitration award rendered after an Education Law §3020-a disciplinary hearing. The Appellate Division unanimously affirmed the Supreme Court ruling.

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

A Reasonable Disciplinary Penalty Under the Circumstances - This 442-page e-book focuses on determining the 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 additional information concerning this e-book click on http://booklocker.com/books/7401.html.