Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

Issued during the week of December 17 - 23, 2012[Click on the caption to access the full report]

DiNapoli Proposes Legislation To Help Local Governments With Storm Costs

State Comptroller Thomas P. DiNapoli has proposed a legislative package to help local governments deal with the financial impact of Hurricane Sandy. The Comptroller submitted four bills last week to the New York State Assembly and Senate.

DiNapoli: SED Providing Inadequate Oversight of Special Education Contractors

New York State Comptroller Thomas P. DiNapoli Tuesday called on the State Education Department (SED) to increase scrutiny of special education contractors after an audit revealed SED has not conducted any on–site audits since 2007 and has no process to routinely review the hundreds of millions of dollars charged by these private providers annually.

DiNapoli Leads Coalition Demanding Aetna Disclose Political Spending

Citing reputational risks and a need for greater transparency in how shareholder dollars are being spent, New York State Comptroller Thomas P. DiNapoli announced that he has filed a shareholder resolution with Aetna Incorporated to adopt a policy to publicly disclose all of its direct and indirect political expenditures. The Comptroller’s resolution was co–filed by global asset manager F&C Management Ltd. In a related effort, a group of institutional investors led by the Unitarian Universalist Association filed a separate resolution urging the company to seek greater board involvement and oversight over political spending.

DiNapoli: $89 Billion Shortfall for Essential Infrastructure Projects Over the Next Two Decades

New York faces a shortfall of up to $89 billion in funding for water, sewer and transportation infrastructure over the next two decades, according to a report issued Thursday by State Comptroller Thomas P. DiNapoli. The report is the latest in a series of reports DiNapoli will issue to highlight the causes of fiscal stress in New York’s local governments.

DiNapoli: School Districts Should Take Further Steps to Protect Private Data

The increased use of mobile computing devices by school districts has put confidential student and school staff data at greater risk for theft and misuse, according to an audit released last Friday by State Comptroller Thomas P. DiNapoli.

DiNapoli: Tax Collections $163 Million Below Projections

Tax collections through November of $39.2 billion were $163.4 million below the state’s estimates updated last month, and $702.4 million below initial estimates in April, State Comptroller Thomas P. DiNapoli said Wednesday in releasing the November cash report.

Comptroller DiNapoli Releases School Audits

New York State Comptroller Thomas P. DiNapoli Wednesday announced his office completed audits of:

the Mechanicville City School District; and

the Riverhead Charter School.

Comptroller DiNapoli Releases Municipal Audits

New York State Comptroller Thomas P. DiNapoli Wednesday announced his office completed the audits of:

the Village of Fort Edward;

the Town of Livingston;

the Town of Montgomery;

the Niagara County Soil and Water Conservation District;

the Town of Oakfield;

the Town of Olean;

the Town of Stillwater;

the Town of Unadilla;

the Town of Waterloo; and

the West Webster Volunteer Fireman’s Association, Inc.

California to implement amended pregnancy regulations

California to implement amended pregnancy  regulations Source: Wolers Kluwer’s Employment Law Daily  [ http://www.employmentlawdaily.com/ ] “Several noteworthy changes are in store for California employers when revised pregnancy regulations issued by the California Fair Employment and Housing Commission  take effect on December 30. The state’s Office of Administrative Law approved the changes on November 30 following an interactive process that included public feedback. “Definitions are changed significantly, starting with a more detailed definition of “disabled by pregnancy.” Lactation is specifically included as a “condition related to pregnancy, childbirth, or a related medical condition.” A “perceived pregnancy” is protected and is defined. “Four months”—the duration of available leave—is also revised in order to clarify how to calculate leave. The definition of health care provider is expanded as well. “The new regulations clearly articulate the employer’s duty to reasonably accommodate an employee’s pregnancy. Additionally, they change employers’ obligations regarding reinstatement of an employee after pregnancy leave. Specifically, for an employer to justify not reinstating an employee to a comparable position after  pregnancy leave, it must prove either: A. that the employer would not have offered a comparable position to the employee if she would have been continuously at work during the pregnancy disability leave or transfer period, OR B. that there is no comparable position available. “Further, the regulations clarify employers’ health care coverage obligations under pregnancy leave (applicable to employers with five or more full or part-time employees) and under the California Family Rights Act (applicable to employers with 50 or more employees). The time that an employer maintains and pays for group health coverage during pregnancy disability leave must not be used to meet an employer’s obligation to pay for 12 weeks of group health coverage during leave taken under CFRA. This is true even where an employer designates pregnancy disability leave as family and medical leave under FMLA. The entitlements to employer-paid group health coverage during pregnancy disability leave and during CFRA are two separate and distinct entitlements.”  The full text of the approved regulations can be found at http://www.fehc.ca.gov/act/pdf/pregnancyregulations/Approved_Preg_Regs_11_30_12.pdf.

The Ten Most Popular Administrative Law Blawgs For All Times [as of December 20, 2012]

The Ten Most Popular Administrative Law Blawgs For All Times [as of December 20, 2012]

Below, listed in rank order by “Popularity for all time” are the top 10 Administrative Law Blogs so classified by Justia on December 20, 2012 with Internet links to their most recent postings..

1. New York Public Personnel Law

Dec 19

Backward-looking right of access claim

Dec 18

Workers’ Compensation Board’s finding that the injured volunteer firefighter’s condition had not changed mandates the continuation of the benefits being provided pursuant to the Volunteer Firefighters’ Benefit Law

Dec 17

Failing to file a timely Article 78 petition bars consideration of the merits of the complaint

2. Administrative Law Prof Blog

Oct 29

Good class discussion

Oct 22

Types of regulatory strategies, and does the third type work?

Oct 21

Historical and ethical perspectives on regulation

3. bevlog

Dec 11

Is Wine Vegan?

Nov 19

Nobama Beer

Nov 6

Chokin’ Chicken Vodka

4. Sheri R. Abrams Disability Blog

Dec 14

Are curb ramps required to have detectable warnings?

Dec 7

Social Security Announces New Compassionate Allowances Condition

Dec 6

When can an employer ask an applicant to “self-identify” as having a disability?

5. Life Sciences Legal Update

Dec 13

China Life Sciences and Health Industry Client Briefing - November 2012 (December 13, 2012)

Nov 30

OCR Releases Overdue Guidance on De-identifying Protected Health Information

Nov 27

Massachusetts Releases Final Regulations, Restores Annual "Sunshine" Reporting Requirement for Drug/Device Manufacturer

6. Aviation and Airport Development…

Nov 26

FAA Finally Issues Guidance on Plume Hazards to Aircraft from Power Plants - Or Does It?

Nov 19

Public Strongly Favors "Cap and Trade" Carbon Emissions Program

Nov 13

"Cap and Trade" in Greenhouse Gas Emissions Launched in California

7. OFAC SDN Sanctions Removal Lawyers

Nov 14

Specially Designated Narcotics Trafficking Kingpin [SDNTK] Entries Added to OFAC’s SDN List on November 14, 2012

Nov 14

Democratic Republic of the Congo [DRCONGO] Entries Added to OFAC’s SDN List on November 13, 2012

Nov 6

“US Slaps Sanctions on Haqqani Network Suicide Operations Chief”

8. California Attorneys Representing…

Oct 1

Tracy Green Quoted On Physician Accused Of Second Degree Murder And Excessive Prescribing Due To Accidental Overdoses by Patient

Sep 14

Los Angeles Times Reports On Lawyers Who Defend Doctors - Attorney Tracy Green Quoted

Aug 8

Can Hospital Chains Improve the Medical Industry? Interesting Article In The New Yorker

9. Employee Benefits Legal Blog

Dec 17

PPACA and Penalties: State v. Federal Exchange

Dec 10

Are You Part of a Control Group? It Counts When Counting

Dec 5

Is My Health Plan Discriminatory? Insured Plans and PPACA

10. JOTWELL - The Journal of Things We…

Dec 19

Is Arbitration Lawless?

Dec 17

An Evolving Administrative Law of Targeted Warfare (and the Power of Londoner/BiMetallic)

Dec 12

An Unexpected Remedy: Eminent Domain as a Potential Solution to the Mortgage Crisi

The Dormitory Authority of the State of New York (DASNY) annual report is now available on the Internet

The Dormitory Authority of the State of New York (DASNY) annual report is now available on the Internet

Source: Dormitory Authority of the State of New York 

Dormitory Authority of the State of New York [DASNY] Chair Alfonso L. Carney, Jr., and DASNY President Paul T. Williams, Jr., advise that DASNY's 2012 Annual Report is now available on the Internet at      www.dasny.org/2012AnnualReport* 

The Report highlights DASNY's efforts to fulfill its commitment to excellence, innovation and diversity while serving the needs of its public and private clients during 2012.

This includes DASNY’s emphasis on “green construction.” in its pipeline involving 763 projects for health care, higher education and other public purposes with an estimated value of more than $6 billion. For example, residence hall projects at State University of New York campuses at Brockport and Oswego earned Leadership in Energy and Environmental Design [LEED] Gold certifications while this year DASNY’s headquarters in Albany was awarded LEED Gold status for its existing facilities.

A LEED Certification reflects an independent, third-party evaluation and verification that a building, home, or community was designed and built using strategies aimed at achieving high performance in key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection, and indoor environmental quality.

*N.B.  In accordance with its "green policies", DSANY's 2012 Annual Report is only available as a PDF file posted on the Internet. 

Proving that a work-connected injury suffered as the result of an unexpected or unforeseeable event is critical to the approval of an application for accidental disability retirement benefits

Proving that a work-connected injury suffered as the result of an unexpected or unforeseeable event is critical to the approval of an application for accidental disability retirement benefits
Suppa v DiNapoli, 2012 NY Slip Op 08622, Appellate Division, Third Department

Frank J. Suppa, a police detective, suffered a back and knee injury when, in the course of his conducting a surveillance of a suspect, stones on the retaining wall on which he was standing shifted causing him to fall. 

Contending that he was permanently disabled from performing his duties as a detective as the result of his fall, Suppa filed an application with the New York Employees' Retirement System for accidental disability retirement benefits and, in the alternative, an application for performance of duty disability retirement benefits.

The Retirement System found that Suppa was permanently disabled from performing his duties as a police detective as a result of his injuries and his application for performance of duty retirement benefits was approved.

As to Suppa’s application for accidental disability retirement benefits, the System denied that application, ruling that the incident leading to his disability “did not constitute an accident within the meaning of the Retirement and Social Security Law.”

The Appellate Division agreed, noting that the applicant ”bears the burden of proving that his [or her] injury was accidental” and the Retirement System’s determination to the contrary will be sustained “if supported by substantial evidence."

An accident within the meaning of the Retirement and Social Security Law, explained the court, is "a sudden, fortuitous mischance which is unexpected and out of the ordinary.”

Further, said the Appellate Division, "an incident does not qualify as an accident justifying the award of accidental disability retirement benefits where the injury results from an expected or foreseeable event arising during the performance of routine employment duties."

Suppa had testified that he was performing a routine job duty when he was injured and that he was aware that the stone wall that he climbed upon was made up of "large loose boulders" that were merely piled on top of each other, without anything holding the boulders together.

Under these circumstances, said the court, the possibility that one of the boulders would come loose under Suppa's weight as he was standing on it was a foreseeable event. 

Accordingly, substantial evidence supported System's determination that the incident did not constitute an accident within the meaning of the Retirement and Social Security Law.

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2012/2012_08622.htm

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General Municipal Law§§ 207-a and 207-c- a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder and other disability retirement issues is available from the Public Employment Law Press. Click on http://section207.blogspot.com/ for additional information about this electronic reference manual.

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