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Mar 29, 2024

Governor Hochul announces ratification of 3-year labor agreement with New York State Correctional Officers & Police Benevolent Association

On March 28, 2024, Governor Kathy Hochul announced the ratification of a three-year labor agreement with the New York State Correctional Officers & Police Benevolent Association, which includes more than 17,000 members of the Security Services bargaining unit in titles such as correction officer, correction sergeant, and secure hospital treatment assistant. The agreement, which runs until March 31, 2026, won the approval of 73 percent of NYCOPBA member who cast ballots.

 

“This labor agreement will help to ensure that the brave members of the New York State Correctional Officers & Police Benevolent Association are fairly compensated for their tremendous contributions to our state,” Governor Hochul said. “I thank NYSCOPBA’s executive assembly for their partnership throughout negotiations and its membership for their hard work and dedication to keeping New Yorkers safe.”

 

The ratified contract includes raises in each year of the agreement consistent with other recently negotiated agreements. In addition, the contract includes other increases in compensation such as a lump sum bonus and up to 12 weeks of fully paid parental leave. The contract also includes changes in the health insurance program that will encourage in-network employee utilization and help control health insurance costs. 

 

New York State Correctional Officers & Police Benevolent Association President Chris Summers said, “Since taking office, on more than one occasion, Governor Hochul has publicly praised our members for their dedication and hard work, day in and day out, despite very difficult and dangerous working conditions. Our members never had the option to work from home as many others did. The Governor’s Office and NYSCOPBA have recognized that working together now, and in the future, will help to resolve issues that our members are facing daily.”

 

New York State Department of Corrections and Community Supervision Acting Commissioner Daniel F. Martuscello III said, “I am pleased that an agreement has been reached to ensure the hardworking members of NYSCOPBA have a ratified contract that will deliver the compensation and benefits they deserve. I value our security staff for the extremely difficult job and the role they play in public safety. This contract has the ability to significantly impact our employee recruitment and retention efforts. I commend Governor Hochul and NYSCOPBA for working cooperatively to reach this labor agreement.”

 

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Commissioner of Education dismissed an application seeking the removal of an individual from a board of education after finding the application "moot"

 The Board of Education [Board] petitioned the Commissioner of Education seeking to remove the President and member of the Board. The Commissioner denied the application as "moot". 

The Commissioner's decision explained that the Commissioner "will only decide matters in actual controversy and will not render a decision on a state of facts that no longer exists due to the passage of time or a change in circumstances" or where the Commissioner "can no longer award a petitioner meaningful relief ...."

The Board conceded that the individual it sought to have the Commissioner remove had resigned from the position and that an appointment had been made to the then vacant position. Accordingly, the Commissioner found that the Board's application "was moot and must be denied."

Although the Board contended that the matter was not moot, the Commissioner, citing Application of the Board of Education of the Beekmantown Central School District, 59 Ed Dept Rep, Decision No. 17,718, found that the Board had not met its burden to demonstrate the matter "fits within an exception to the mootness doctrine."

The staff of FindLaw has posted an item captioned Exceptions to the Mootness Doctrine on the Internet at https://constitution.findlaw.com/article3/exceptions-to-the-mootness-doctrine.html, which was last reviewed by Renee Guolee, J.D. July 15, 2022.

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

 

Mar 28, 2024

New York State's State Comptroller raises concerns about local governments missing critical deadlines and not filing required financial information

On March 27, 23024, New York State Comptroller Thomas P. DiNapoli announced that six villages were designated in fiscal stress under the Fiscal Stress Monitoring System (FSMS). DiNapoli’s office evaluated all non-calendar year local governments and designated one village in “significant fiscal stress,” one in “moderate fiscal stress,” and four as “susceptible to fiscal stress.”

The following items are also posted on the Internet. Click on the text highlighted in color to access a particular report.

 

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

 

Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, 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.

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