Son concealed mother’s death in order to continue receiving her retirement benefits

On July 28, 2023, New York State Comptroller Thomas P. DiNapoli also announced the guilty plea of Charles Alton Bump Jr. to two counts of felony theft for stealing $53,320 in payments from the New York State Common Retirement Fund and Social Security Administration (SSA) that were sent to his deceased mother, Elizabeth Dorothy Case. Bump concealed his mother’s death and continued collecting her retirement and SSA payments. He stole $28,679 from the state pension fund and $24,641 from the SSA. Bump was sentenced to eight years in prison minus time already served and three years supervised probation. He was also ordered to pay restitution.

“Mr. Bump’s conviction should serve as a warning to those who try to defraud the New York State Pension system: we will pursue those who attempt to steal from the system wherever they may live,” DiNapoli said. “My office will continue to work with law enforcement agencies across the country to protect the New York State pension. I’m grateful to the Social Security Administration Office of Inspector General for their partnership in seeing that justice was served.”

Elizabeth Dorothy Case was a New York State employee and resident of Jamaica, Queens, who moved to Maryland to live with her son, Bump. In 2019, a concerned neighbor reported to the SSA that Case, who was approximately 90 years old at the time, had not been seen in over a year. After repeated attempts to contact her, the SSA requested that she appear in person in order to continue receiving her payments. When her son appeared instead, the SSA questioned him. He stated that she was out of the country on an extended tour of Europe and only reachable by e-mail. Authorities confirmed, however, that Case had no passport and had never left the country. Bump eventually admitted to officials that his mother had died and he had disposed of her body.

Following the joint investigation of the State Comptroller's Office and the SSA Office of the Inspector General, Bump, 62, was prosecuted by the State’s Attorney’s Office in Somerset County Maryland. He pled guilty in the District Court for Somerset County, Criminal.

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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 filing a complaint online at https://www.osc.state.ny.us/investigations, or by mailing a complaint to: Office of the State Comptroller,  Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.

PURSUE A CAREER IN PUBLIC SERVICE AS AN ATTORNEY WITH THE STATE OF NEW YORK

NEW YORK STATE DEPARTMENT OF CIVIL SERVICE ANNOUNCES ONLINE CIVIL SERVICE EXAMINATION NOW AVAILABLE TO PURSUE PUBLIC SERVICE CAREERS AS ATTORNEYS
The New York State Department of Civil Service (DCS) has announced that individuals interested in a career as an attorney in New York State public service can now apply and complete the Legal Specialties exam online. The civil service exam is held continuously and is used to fill multiple attorney titles across New York State agencies.  Click Here for more information. Department of Civil Service Commissioner Timothy R. Hogues said, “The Department of Civil Service is pleased to offer the Legal Specialties exam online for the first time ever. This exam is used to fill a number of key attorney positions throughout the state. Under Governor Hochul's leadership, we are focused on building a diverse and inclusive workforce that can best serve all New Yorkers, and these entry level attorney positions represent an excellent opportunity to start a career in public service. Working for New York State not only offers the chance to serve the greater public, but also provides the opportunity to work with dedicated public servants, in addition to the great health benefits and compensation packages. I encourage all interested and qualified to apply for these exams today." New York State Department of Labor Commissioner Roberta Reardon said, “Taking the Legal Specialties civil service exam is a phenomenal way for legal professionals to begin their careers in public service. State workers have the opportunity to be part of the historic and nation-leading progress New York continues to make in almost every area. I encourage all eligible candidates to embrace this new opportunity and apply for the Legal Specialties civil service exam online.”  Department of Environmental Conservation Commissioner Basil Seggos said, “DEC’s Office of General Counsel serves a vital role in enforcing environmental laws and helping craft effective policies to protect New York’s natural resources and communities. The new online availability of the Legal Specialties exam provides a great opportunity for legal professionals to explore potential careers with state agencies, including DEC, and join our team on behalf of the public and the environment.” DMV Commissioner Mark J.F. Schroeder said, “A career in public service is so rewarding, and this is a great way for young lawyers to get their start, but whether you are just starting out, or you are a seasoned attorney, we have so many opportunities at DMV. Our attorneys and Administrative Law Judges play an important role in traffic safety, and we are always looking for talented professionals to join our team.  I encourage those who qualify to take the exam and I look forward to working with many of you in the future.” Office of Children and Family Services Acting Commissioner Suzanne Miles-Gustave said, “As an attorney myself, I can attest to how fulfilling and rewarding a legal career in public service can be, particularly when policies and initiatives can help shape the lives and well-being of children, families and vulnerable communities. We have so many legal professional opportunities at OCFS, all of which offer a chance to create truly meaningful, life-changing guidelines and programs. We are excited to welcome diverse and talented attorneys to be change-agents and make a significant mark towards providing equal, equitable and accessible services and supports.” Workers’ Compensation Board Chair Clarissa Rodriguez said, “There are many opportunities at the Board for rewarding positions in the legal field for those looking to make a difference. As an attorney, I am proud to lead an agency that is dedicated to protecting the rights of workers and employers by ensuring the proper delivery of benefits and promoting compliance with the law. If you are interested in serving the greater good while also growing your career, I highly encourage you to apply for the Legal Specialties exam and see what roles may be available for you.” People interested in being considered for attorney positions within state government must first meet the minimum qualifications for the exam, which requires candidates to be a graduate of an accredited law school with an LLB or JD degree or be eligible to take the New York State Bar exam. All applicants who meet the minimum qualifications should apply for and complete the exam to be considered for available positions. The online exam will require candidates to provide information about their training and experience with an online questionnaire that is completed and submitted by the candidate. Candidates should be prepared to provide detailed information on their education, work experience, dates of employment, and supervisor contact information to answer the questions completely. The exam is used to fill the following titles at multiple agencies: Senior Attorney Senior Attorney (Realty) Senior Attorney (Financial Services) Hearing Officer Motor Vehicle Referee/Motor Vehicle Referee (Spanish Language) Unemployment Insurance Referee/Unemployment Insurance Referee (Spanish Language) Several positions within the Legal Specialties Traineeship All positions include generous benefits including paid leave, health benefits, and retirement plans, and telecommuting options may be available to employees in these titles who meet certain criteria.   It is estimated that approximately 100 attorney positions will be filled statewide over the next year. Click Here to learn more about working for the State of New York and how to take the next step in pursuing a rewarding career in public service. As part of the launch of the Legal Specialties exam, New York State has launched a statewide social media campaign, which will include videos and web content to help attract candidates to apply for the exam. Campaign content and additional information and resources to help candidates complete the exam is available at www.cs.ny.gov/legal-specialties.

Governor Hochul announces ratification of 3-year labor agreement with the Public Employees Federation covering more than 51,000 New York State employees

On July 28, 2023, Governor Kathy Hochul today announced the ratification of a three-year labor agreement with the New York State Public Employees Federation (PEF), which includes over 51,000 New York State employees in a in a wide variety of professional, scientific and technical titles. The agreement, which runs until April 1, 2026, won the approval of 95 percent of PEF members who cast ballots. 

 

 "This contract fairly compensates the hard-working members of the Public Employees Federation who provide critical expertise to benefit New Yorkers each day," Governor Hochul said. "I’m grateful to President Spence for his partnership to help get this agreement finalized and to ensure that New York workers' pay and benefits reflect their important contributions to our state."

 

The ratified contract includes raises in each year of the agreement of 3 percent. In addition, the contract includes other increases in compensation such as a one-time lump sum bonus of $3,000 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 plus funding of labor-management initiatives and yearly salary increases and increases in location pay.

 

Public Employees Federation President Wayne Spence said "I’d like to thank Governor Hochul for the role she played helping PEF secure this contract. It rewards the professional members of our union with compensation increases, a signing bonus, and a first-of-its-kind Higher Education Differential, recognizing the advanced degrees and professional licenses required by PEF members to do their jobs. In addition, we hope the $400 annual dental stipend it includes will lead to a new dental plan that better serves PEF members statewide.”

 

A provision in an arbitration award cannot strip a federal district court of its subject matter jurisdiction

A United States District Court dismissed the petition submitted by a party in an arbitration [Plaintiff] seeking to confirm an arbitration award opining that it lacked of subject matter jurisdiction to consider the matter.

The district court had concluded that any confirmation action must be brought in the State courts of New Jersey or New York as the Arbitration Agreement Forum Selection Clause provided "The decree of the Arbitrators shall be enforceable in the courts in the State of New Jersey and/or New York." 

This, said the district court, required the Parties to submit themselves to the personal jurisdiction of the courts of the State of New Jersey and, or, New York for any action or proceeding to confirm or enforce a decree of the Arbitrators pursuant to NJSA 2A:24-1 et seq. and Article 75 of the New York Civil Practice Law and Rules."

Plaintiff appealed the District Court's ruling that the district court had been "deprived of subject matter jurisdiction" by a clause set out in the arbitration award.

The Circuit Court of Appeals, Second Circuit, agreed with Plaintiff, holding that:

1. The district court erred in dismissing Plaintiff's petition; and

2. Plaintiff adequately pleaded subject matter jurisdiction based on diversity of citizenship.

The Circuit Court explained "parties cannot contractually strip a district court of its subject matter jurisdiction." Accordingly, said the court, it was error for the district court to conclude that the forum selection clause in the arbitration award "did so."

Further, the Circuit Court said it interpreted the relevant forum selection clauses as permissive arrangements that merely allow "litigation in certain fora, rather than mandatory provisions that require litigation to occur only there."   

Accordingly, the forum selection clauses "did not bar proceedings from going forward in the United States District Court for the Southern District of New York" and vacated the district court's judgment of dismissal, remanding the matter to the district court for further proceedings.

Click HERE to access the Second Circuit Court of Appeals decision posted on the Internet.

 

Recent Education Law §310 appeal decisions issued by the Commissioner of Education

The Commissioner of Education recently issued of decisions concerning appeals by Plaintiffs alleging wrongdoing by certain school district officers and personnel that sought the removal of these officials from office.

Decision No. 18,286* of Decisions of the Commissioner Education concerned a Wantagh Union Free School District school board election and budget vote, together with an application for removal of a member of the school board while Decision No. 18,279** of Decisions of the Commissioner Education addressed issued raised concerning the Board of Education of the North Salem Central School District's implementation a board resolution and an application for the removal of certain school board trustees.

 

Decision No. 18,286

Commissioner of Education Rosa concluded "this appeal must be dismissed and the application for removal of the board member must be denied."

Wantagh UFSD held its annual budget vote and election. Plaintiff was one of five candidates on the ballot running for the school board and was not elected.  This appeal and application for removal ensued.

The school district sought dismissal of the petition for improper service, failure to join necessary parties, and as untimely.  Additionally, the school district contended that Plaintiff’s claims are declaratory in nature or otherwise outside the jurisdiction of an Education Law §310 appeal. 

Noting that in an appeal to the Commissioner, a Plaintiff has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief, the Commissioner opined that Plaintiff failed to meet her burden of proving that any of the alleged errors affected the outcome of the election, were so pervasive that they vitiated the electoral process, or that they demonstrated a clear and convincing picture of informality to the point of laxity in adherence to the Education Law.

Further, said the Commissioner, Plaintiff failed to offer evidence, such as affidavits or signed statements from district voters, to support her claim and citing Appeal of Holliday, 60 Ed Dept Rep, Decision No. 17,947; Appeal of Dodson, et al., 54 id., Decision No. 16,764), the Commissioner said "it is well settled that mere speculation as to the existence of irregularities or the effect of irregularities provides an insufficient basis on which to annul election results."

With respect to Plaintiff seeking to have the Commissioner removed a trustee, the Commissioner noted that a school officer or member of a board of education may be removed from office "when it is proven to the satisfaction of the Commissioner that the officer or board member has engaged in a willful violation or neglect of duty under the Education Law", citing Education Law §306 [1].***

 

Decision No. 18,279

Plaintiffs appealed the alleged the North Salem Central School District failed to hire a school resource officer (“SRO”) and sought the removal from office of the president of the board and other, unspecified board members for such failure. The Commissioner dismissed the appeal.

Noting an affidavit sworn to by the board's president indicating that “[b]etween June 16, 2022 and November 2022 … there were internal discussions as to where the money would come from to fund [the] second SRO,”  and the board rejected a resolution to “authorize the transfer of [funds] from [the] unassigned fund balance to the [SRO] budget code … to cover the cost of a second [SRO].”**** This appeal was the result of that action. 

Plaintiffs asserted that school officials engaged in willful misconduct and neglect of duty by failing to expeditiously hire a second SRO and asks that the Commissioner:

[1] "order [the board] to “abide by the June 15” resolution"; and 

[2] "remove the board president, and any other board member whose removal [the Commissioner deems]  warranted, from office."

The Commissioner dismissed the appeal for the reason it had become "moot," explaining 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."

Then considering a request submitted by the school board members, the Commissioner found that the named district board members "each ... acted in good with respect to the exercise of their powers and performance of their duties" within the meaning of Education Law §3811[1] which section, in pertinent part, makes certain costs,  expenses  and  damages  a  district  charge "Whenever the trustees or board of  education  of  any  school   district,  or  any  school  district  officers,  have  been  or shall be   instructed by a resolution adopted at a district meeting to  defend  any   action  brought  against  them,  or  to  bring  or  defend  an action or   proceeding touching any district property or claim of the  district,  or   involving  its  rights  or  interests, or to continue any such action or  defense, all their costs and reasonable expenses, as well as  all  costs   and  damages adjudged against them, shall be a district charge and shall   be levied by tax  upon  the  district."

* Click HERE to access Decisions of the Commissioner No.18,286 posted on the Internet.

** Click HERE to access Decisions of the Commissioner No. 18,279.

*** To be considered willful, the action of a board member or school officer must have been intentional and committed with a wrongful purpose.

**** Following commencement of this appeal, the board announced that it had secured a grant to fund the second SRO position. Thereafter, the board approved a resolution “to allocate [funds] to cover the cost of the second [SRO] through [the end of the 2022-2023 school year].”