Attendance Rule providing "paid family leave" for employees in the Classified Service of the State as the employer designated Managerial or Confidential proposed

The New York State Department of Civil Service has proposed the adoption of a new  "consensus rule",* set out below,  to provide a grant of up to twelve weeks of paid family leave for a qualifying event for eligible employees** in serving in positions in the Classified Service*** of the State of New York as the employer designated Managerial or Confidential within the meaning of Article 14 of the Civil Service Law. Article 14 of the Civil Service Law is frequently referred to as the "Taylor Law".

* A proposed rule or regulation may be filed as a consensus rule or regulation if the agency concludes that the proposed rule or regulation is non-controversial based on its subject.

** Although not all employees of the State as the employer in the Classified Service are State officers, all officers of the State as the employer in the Classified Service are employees of the State. 

*** See Civil Service Law §40.

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Department of Civil Service

PROPOSED RULE MAKING NO HEARING(S) SCHEDULED

Paid Family Leave I.D. No. CVS-23-23-00001-P

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action: This is a consensus rule making to add §28-1.19 to Title 4 NYCRR.  

Statutory authority: Civil Service Law, §6(1)

Subject: Paid family leave.

Purpose: To provide a grant of up to twelve weeks of paid family leave for a qualifying event for subject employees in M/C positions.

Text of proposed rule:

RESOLVED, That subject to the approval of the Governor, Section 28 of the Attendance Rules for Employees in New York State Departments and Institutions be and hereby is amended, with a new subdivision to read as follows: 

28-1.19 Paid Parental Leave

(1) Employees shall be granted up to twelve weeks of paid leave without charge to accruals for each qualifying event, defined as the birth of a child or placement of a child for adoption or foster care. Paid parental leave begins on the date of birth, the day of adoption or foster care placement or anytime thereafter within seven months. An employee’s eligibility to use paid parental leave ends seven months from the date of the qualifying event.

(2) Paid parental leave is available for use once every twelve-month period.

(3) Employees using paid parental leave are deemed to be in leave without pay status for attendance and leave purposes.

(4) Paid parental leave must be taken in a single block of time and cannot be used intermittently. If an employee returns to work after using less than the full twelve week grant of paid parental leave, the employee can no longer use any paid parental leave for the same or another qualifying event within the same twelve month period, as computed from the date of the original qualifying event.

 

The text of proposed rule and any required statements and analyses may be obtained from: Jennifer Paul, NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email: commops@cs.ny.gov

Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel, NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: public.comments@cs.ny.gov. Public comment will be received until: 60 days after publication of this notice.

Consensus Rule Making Determination Section 6(1) of the Civil Service Law authorizes the State Civil Service Commission to prescribe and amend suitable rules and regulations concerning leaves of absence for employees in the Classified Service of the State.

On January 10, 2023, Governor Hochul announced that New York State will provide twelve weeks of Paid Parental Leave for unrepresented (Managerial/Confidential) executive branch state employees to bond with a newly born, adopted, or fostered child.

Effective February 14, 2023, Paid Parental Leave became available to any gestational, non-gestational, adoptive, or foster parent who meets certain eligibility criteria for unrepresented executive branch employees.

All other child care leave benefits, including sick leave accruals, family sick leave benefits, Family Medical Leave Act (FMLA), Income Protection Plan (IPP), and Paid Family Leave (PFL), remain unchanged and available for use when applicable.

Consistent with Commission practice, significant changes to State leave polices are incorporated, as appropriate, as amendments or additions to the Attendance Rules for Employees in New State Departments and Institutions (Attendance Rules). Accordingly, Paid Parental Leave is hereby added to Part 28 of the Attendance Rules, applicable to employees serving in unrepresented positions.

As no person or entity is likely to object to the rule as written, the proposed rule is advanced as a consensus rule pursuant to State Administrative Procedure Act (SAPA) §202(1)(b)(i). Employees in represented New York State positions will be eligible to obtain equivalent benefits through the collective bargaining process.

Job Impact Statement

By amending Title 4 of the NYCRR to provide for Paid Parental Leave for certain New York State employees serving in unrepresented positions, this rule will not negatively impact jobs or employment opportunities for eligible employees, as set forth in §201-a(2)(a) of the State Administrative Procedure Act (SAPA). Therefore, a Job Impact Statement (JIS) is not required by §201-a of such Act.

 

 

 

New York State Comptroller DiNapoli releases municipal and school audits

On June 8, 2023, New York State Comptroller Thomas P. DiNapoli announced the local government audits set out below were issued during the week ending June 10, 2023.

Click on the text highlighted in color to access the complete audit report.

Town of Dix – Supervisor’s Control of Cash (Schuyler County) The former supervisor did not ensure all cash in his custody was properly collected and disbursed and did not provide oversight of the bookkeepers, who performed all financial duties, including online banking. The board did not adopt written policies and procedures for cash receipts and disbursements and online banking. In 2020, the former bookkeeper received $1,254 in dental and vision insurance through the town and paid $126 of the premium cost. There was no documentation to support why she was entitled to receive these benefits. The findings regarding the former bookkeeper were referred to outside law enforcement for review.

Brighton Central School District – Procurement (Monroe County) District officials did not demonstrate that certain goods and services related to the 2021-22 capital improvement project (CIP) were procured in accordance with district policies, statutory requirements and good business practices. Of the nine CIP contracts totaling $4.4 million awarded to vendors, officials could not show they competitively awarded two contracts, totaling $2.8 million. Instead of using competitive bidding, officials used vendors who were granted awards from group purchasing organization contracts. However, officials could not demonstrate that they performed cost-benefit analyses to determine if using these vendors was in the district’s best interest.

Onondaga Cortland Madison Board of Cooperative Educational Services (BOCES) – Cash Management (2023M-40) Over an 18-month period, officials missed an opportunity for BOCES to realize additional interest earnings totaling $310,865. Officials did not develop and manage a comprehensive investment program or develop procedures for the operation of the investment program in compliance with the board investment policy. Officials also did not invest available funds throughout the audit period in an authorized cooperative municipal investment fund that offered higher interest rates. They did not prepare monthly cash flow forecasts or ensure interest rate quotes were solicited to maximize earnings.

North Salem Central School District – Network User Accounts (Westchester County) In addition to finding sensitive information technology (IT) control weaknesses, auditors found that district officials should have developed procedures for granting, changing and disabling network user accounts and ensured staff disabled 181 unneeded network user accounts. Seven of these users left the district between 2011 and 2019.

Hilton Central School District – Network Access Controls (Monroe County) In addition to sensitive network access control weaknesses, district officials did not establish written policies or adequate written procedures for managing network user account access, including adding or disabling user accounts and permissions. The district had 230 unneeded enabled network user accounts, including those for former students, former employees and others who were no longer providing services to the district.

Amherst Central School District – Network User Account Access and Application User Accounts and Permissions (Erie County) District officials did not adequately secure user account access to the network or properly manage user accounts and permissions in financial and student information applications, leading to a significant risk that network resources, financial data and student information could be inappropriately altered, accessed, or used. In addition to sensitive control weaknesses that were communicated confidentially, officials did not disable unnecessary network user accounts or revoke unnecessary network user account access. As many as 1,570 accounts were unneeded but were not disabled and four accounts had unnecessary network administrative access. The district also did not disable application user accounts or properly restrict permissions in the financial and student information applications.

West Webster Volunteer Firemen’s Association, Inc. – Cash Disbursements (Monroe County) The board did not ensure that cash disbursements were properly approved, accurately recorded, had adequate supporting documentation and were for association purposes. Auditors found that 138 disbursements (28%) totaling $39,929 did not have an itemized invoice or receipt (or other such documentation) and a documented, specific association purpose. Five disbursements totaling $1,308 were not recorded in the accounting records. In addition, the board did not adopt adequate bylaws or written policies or enforce compliance with the limited bylaws and policies that it adopted or establish adequate controls over disbursements, such as auditing all claims and reviewing bank statements and canceled check images.

 

A public employee is entitled to separate counsel to be paid for by the jurisdiction where representation by the jurisdiction's attorney may result in a conflict of interest

The Village Board of Trustees [Board] commenced a CPLR Article 78 proceeding to compel the Mayor of the Village [Mayor] to perform certain official duties. In his answer, Mayor sought a judgment declaring that he is entitled to separate counsel in this proceeding with reasonable fees to be paid by the Village. Supreme Court granted Mayor's counterclaim, declaring that Mayor was entitled to separate counsel in this proceeding, with reasonable fees to be paid by the Village. The Board appealed.

The Appellate Division held that Supreme Court properly declared that Mayor was entitled to separate representation in this proceeding without the requirement that he first comply with the procedures outlined in the Code of the Village relating to defense and indemnification of Village employees.

The Appellate Division conceded that an attorney generally may not be compensated for services rendered to a municipal officer, even if for the benefit of the municipality, unless the attorney has been retained in accordance with statutory authority. However, opined the court, "[n]otwithstanding lack of specific statutory authority, a municipal ... officer possesses implied authority to employ counsel in the good faith prosecution or defense of an action undertaken in the public interest, and in conjunction with ... his official duties where the municipal attorney ... was disqualified from ... acting", citing Cahn v Town of Huntington , 29 NY2d 451, among other decisions.

In this instance, the Village attorney was unable to represent Mayor due to a conflict of interest as he was representing the Board in the matter. Thus, said the court, Mayor was entitled to engage counsel who did not have a conflict of interest. Further, noted the Appellate Division, Board acknowledged as much when it approved of retention of "conflict counsel" for Mayor prior to the commencement of this proceeding when it became apparent that Mayor was taking a position contrary to the Board's.

The Appellate Division then observed, "As the Supreme Court properly determined, the amount the Village pays for [Mayor's] separate counsel shall depend upon [Mayor's] submission, and the Village's approval, of a claim for reasonable fees."

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

Veterans Internship Program Bill Passed by New York State Legislature to be delivered to the Governor

On June 7, 2023, Senator Jim Tedisco (R,C-44th Senate District) and Assemblymember Marianne Buttenschon (D-Utica/Rome) announced that both houses of the New York State Legislature have passed their bipartisan Veterans Internship Program (V.I.P.) legislation to enable honorably discharged veterans to participate in the legislature’s annual paid legislative internship program that could help lead them to future employment.

Tedisco and Buttenschon’s V.I.P. legislation (S.291/A.1347) sets aside 10 percent of the current legislative internship program positions in the Senate and Assembly for veterans to see the inner workings of the representative democracy they put their lives on the line to defend.

Veteran participants in the Veterans Internship Program would receive a stipend that’s equivalent to what graduate students currently receive in the Senate ($50,000) and Assembly ($17,000). The Senate and Assembly internship offices would work with county veterans services agencies to identify and recruit eligible candidates. There will be no additional cost to taxpayers to implement the V.I.P. law.

Click HERE for information about this Internship Program.

Local fire districts audits published by the New York State Comptroller

On June 6, 2023 New York State Comptroller Thomas P. DiNapoli announced the publication of the local fire district audits listed below.

Click on the text highlighted in color to access the full text of the audit. 

 

Fort Hunter Fire District – Capital Reserve Funds (Montgomery County) The board did not properly manage the district’s three capital reserve funds. As a result, the board reduced its transparency of financial operations, and the public did not have an opportunity to exercise its rights to approve reserves by a vote. The board also did not properly establish the equipment capital reserve fund, develop a multiyear capital plan or clearly identify the source of funding for the capital reserves as a part of the budgeting process.

 

Hamlin Morton Walker Fire District – Pumper Truck Procurement (Monroe County) The board did not procure a $748,676 pumper truck in accordance with statutory requirements and good business practices. As a result, officials have less assurance that the purchase was made in the most prudent and economical manner. District officials could not show they sought competition or properly used a valid exception to the competitive bidding requirements.

 

Upper Jay Fire District – Board Oversight (Essex County) The board did not provide adequate oversight of district financial activities, which hindered its ability to monitor financial operations and increased the risk that improper claims could be paid. In addition, the board, as a whole, did not audit and approve claims for 57 check disbursements totaling $37,561 before payment and did not audit the treasurer’s 2021 records. While the treasurer is required to sign all checks, she signed only six of the 247 checks issued by the district during the audit period, and the remaining checks were signed by the chairman of the board or the commissioner. Also, the treasurer did not provide the board with monthly budget status reports.

 

Upper Jay Volunteer Fire Department – Financial Activities (Essex County) Department officials did not ensure financial activities were properly recorded and reported and funds were safeguarded, which hindered their ability to make informed financial decisions and increased the risk that errors or irregularities could occur. The treasurer did not properly record all financial transactions or prepare the required annual reports. Bank reconciliations were not prepared monthly, 43 deposits totaling $33,918 were not supported by adequate documentation, and 63 disbursements totaling $23,585 were not approved before payment.

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