Public health in New York City and New York State - COVID-19 tracking, sports data, Medicaid enrollment, environmental data, hate crimes, and more.

Isaac Michaels, MPH, invites you to visit his personal data-science website which offers a range of reports and analyses, with a primary focus on public health in New York City and New York State. 

 

These analyses cover diverse topics including COVID-19 tracking, sports data, Medicaid enrollment, environmental data, hate crimes, and more.

 

Michaels is an epidemiologist dedicated to leveraging open data to promote transparency and positive change. All of the analyses on his website are conducted using publicly available data and open-source software to provide valuable, data-driven insights into public health and societal issues. 

Michaels updates the analyses routinely as the respective underlying data are updated. His website serves as a valuable resource for those interested in epidemiology and data science.

 

Click HERE to access Michaels' site on the Internet.

 

Neutrality and impartiality is required of school district officers in actions involving the adoption of a proposed school district budget

Petitioner in this Education Law §306 appeal to the Commissioner of Education became concerned over the school district’s proposed 2022-23 school year budget, which included a projected 4.5% increase in the property tax levy.

Petitioner met with the Superintendent of Schools [Superintendent] to discuss the proposed tax increase. The Superintendent told Petitioner that the increase was needed "to provide the district with sufficient savings in the event of a reduction in state aid funding."  Petitioner disagreed and indicated that he planned to share his findings with the local newspaper. 

Ultimately Petitioner, contending that the Superintendent attempted to suppress his letter to the editor and "engaged in impermissible partisan activity", sought to have the Commissioner remove the Superintendent "from office pursuant to Education Law §306."

The Commissioner ruled that Petitioner's application to remove the Superintendent from office "must be denied for lack of the required notice." Pointing out the §277.1 (b) of the Commissioner’s regulations "dictates the specific notice required for removal applications pursuant to Education Law §306", the Commissioner noted that such notice is distinct from the notice required under §275.11(a) for appeals pursuant to Education Law §310. 

Such notice of petition secures jurisdiction over the intended respondent and alerts the respondent that he or she must appear in the removal proceeding and answer the allegations contained in the application [See Application of Johnson, et al., 56 Ed Dept Rep, Decision No. 17,055, and other relevant decisions of the Commissioner of Education].

The Commissioner indicated that "a removal application that does not include the specific notice required by 8 NYCRR 277.1 (b) is fatally defective."  As the Petitioner's application lacks the required notice to the Petitioner, the Commissioner ruled it must be denied "lack of jurisdiction".

The Commissioner then observed that the Superintendent requested "a certificate of good faith pursuant to Education Law §3811(1), which certification is solely for the purpose of authorizing a board of education to indemnify a respondent for costs incurred in defending against a proceeding arising out of the exercise of the respondent’s powers or the performance of the respondent’s duties as a board member or other official listed in section 3811(1)."  Typically the Commissioner will issue such certification unless the record establishes that the requesting respondent acted in bad faith.

As Petitioner's appeal was dismissed "on procedural grounds without any findings on the merits," the Commissioner certified, solely for the purpose of Education Law §3811(1), that the Superintendent " is entitled to the requested certification", citing Appeal and Application of Petrocelli, 62 Ed Dept Rep, Decision No. 18,223.

However, advised the Commissioner, "Nothing in this decision should be interpreted as condoning [the Superintendent's] actions, which, even if motivated by an earnest desire to achieve passage of the budget, did not reflect the 'neutrality and impartiality' required of school officers in connection with school budgets."

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

 

The 2023 New York Public Sector Secure Operations (SecOps) Summit

 Overview

Cyber-attacks have increased dramatically over the last few years. 

The 2023 New York Public Sector Secure Operations (SecOps) Summit provides an opportunity for government technology professionals to learn about the latest efforts to defend, respond and recover from cyber criminals who wish to do harm. 

The Summit, hosted by the New York Office of Information Technology Services (ITS),  will include cybersecurity leaders from state and local government throughout New York.

Event Date: November 1, 2023 ---- Open to Public Sector only.

Registration is Free, Click here to Register Now 

 

Made Possible by Government Technology Corporate Sponsors

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Exhibitor Sponsor

 

 

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Patron Sponsor

 

 

If you represent a Private Sector organization and are interested in Sponsorship Opportunities, please contact Heather Earney, heather.earney@erepublic.com

Contact Information

For registration and general assistance contact:

Kathy Simpson
Government Technology
Phone: (916) 932-1394
E-mail: ksimpson@govtech.com

Sponsorship opportunities are available. For more information, contact:

Heather Earney
Government Technology
Phone: (916) 932-1339
E-mail: heather.earney@erepublic.com

 

Municipal and School Audits released by New York State Comptroller

On Septermber 1, 2023, New York State Comptroller Thomas P. DiNapoli announced the following local government and school audits were issued.

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

 

Hicksville Union Free School District – Managing Network User Accounts (Nassau County)

District officials did not properly manage network user account controls to help maintain continuity of business office operations and prevent unauthorized computer use, access and loss. Officials also did not establish written procedures for granting, verifying, changing and disabling network user account access, including business office network user account access. Some sensitive information technology control weaknesses were confidentially communicated to district officials.

 

Rondout Valley Central School District – Fixed Assets (Ulster County)

District officials did not properly account for and monitor all of the district’s fixed assets. Of the 80 fixed assets totaling $856,681 reviewed, 64 assets totaling $549,117 were not properly accounted for. Testing identified: 34 fixed assets with a combined cost of $255,775 did not have the required asset tags identifying them as district-owned; and 12 fixed assets with a combined cost of $213,960 could not be located. Another 18 fixed assets with a combined cost of $79,383 were not recorded on the district’s inventory list.

 

Town of Seneca Falls – Cash Collections (Seneca County)

The town supervisor’s office did not maintain adequate receipt documentation for cash collections totaling $186,873 and reconciliations were not always performed or reviewed. Officials did not properly deposit and record approximately $10,000 of permit fees and $2,000 of security deposits for facility rentals in accordance with statutory requirements. In addition, the accounting functions performed by staff were not always properly segregated or reviewed and the town board did not adopt a written town-wide cash collection policy.

 

Mexico Academy Central School District – Procurement (Oswego County)

District officials did not always seek competition when purchasing goods and services as required by the procurement policy. Officials did not seek competition when procuring professional services for occupational and physical therapy, legal, music therapy, advertising and architectural services from seven vendors totaling $640,880. The district also did not obtain written quotes for the purchase of certain items from three vendors totaling $17,762 and did not maintain documentation to justify why they used nine sole source providers for the purchase of goods and services totaling $54,045.

 

Village of Johnson City – Sexual Harassment Prevention (SHP) Training (Broome County)

SHP training was not provided to all employees. Of the 20 total individuals tested (14 selected employees and all six elected officials), two employees did not complete the annual SHP Training. Additionally, over 30 seasonal workers were excluded from SHP training and one of the two SHP trainings provided by the village did not include all the minimum requirements. As a result, most village employees were provided with incomplete SHP Training.

 

East Irondequoit Central School District – Sexual Harassment Prevention Training (Monroe County)

SHP training was not provided to all employees or any board members. Although employees are required to complete SHP training each year, board members are not. Of the 110 total individuals tested (101 selected employees and all nine board members), 15 employees and the nine board members did not complete the annual SHP training. Additionally, the district excluded per diem and stipend employees from SHP Training.

 

Avoca Central School District – Sexual Harassment Prevention Training (Steuben County)

SHP Training was not provided to all employees or any board members. Employees are required to complete SHP training each year, though board members are not. Of the 20 total individuals tested (15 selected employees and all five board members), four employees and the five board members did not complete the annual SHP Training.

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Also available on the Internet:

State and Local Retirement System (NYSLRS) for State Fiscal Year (SFY) 2024-25. 

Employers’ average contribution rates will increase from 13.1% to 15.2% of payroll for the Employees’ Retirement System (ERS) and from 27.8% to 31.2% of payroll for the Police and Fire Retirement System (PFRS).

Click Annual Report to the Comptroller on Actuarial Assumptions to access the Comptroller's Annual Report.

 

 

Administrative Law Judge recommended the termination of an employee "who was discourteous and falsified timekeeping records"

The New York City Dep’t of Health & Mental Hygiene [Employer] served one of its Public Health Nurses [Respondent] with disciplinary charges pursuant to §75 of the Civil Service Law alleging Respondent had engaged in "uncivil and discourteous behavior toward a co-worker, slept on duty, and repeatedly falsified her timesheets".

Respondent, appearing via video-conference and presenting four witnesses and documentary evidence, denied all charges.

New York City Office of Administrative Trials and Hearings Administrative Law Judge Kevin F. Casey made the following findings:

1. Employer proved that Respondent engaged in uncivil and discourteous behavior, and conduct prejudicial to good order and discipline as alleged in Charge I, Specification A, of the amended petition;

2. Employer failed to prove that Respondent used inappropriate language or pushed a school nurse, as alleged in Charge I, Specification A, of the amended petition;

3. Employer failed to prove that Respondent slept on duty or engaged in conduct prejudicial to good order and discipline as alleged in Charge II, Specification A, of the amended petition;

4. Employer proved that Respondent submitted false records and engaged in conduct prejudicial to good order and discipline when she falsified her timekeeping records on 15 occasions alleged in Charge III, Specifications A through N, and Specification P, of the amended petition; and

 5. Employer failed to prove that Respondent falsified her timesheet on one occasion, May 24, 2022, as alleged in Charge III, Specification O, of the amended petition.

After making the above findings, Judge Casey requested and received Respondent’s disciplinary history and recent performance evaluations. The ALJ noted the record indicated that [1] in 2018 Respondent accepted a reprimand in satisfaction of charges that she slept on duty on two occasions; [2] Respondent failed to leave a school building during a fire drill; and [2] Respondent's most recent, available performance evaluation rates her work as good.

Noting that Employer seeks the termination of Respondent’s employment, Judge Casey opined that "That is appropriate. Falsifying timesheets is serious misconduct that often leads to termination of employment, citing a number of decisions by New York City Office of Administrative Trials and Hearings Administrative Law Judges.

In the words of Judge Casey, the Employer "expects its employees to be trustworthy and respondent’s duties as a nurse include accurate record-keeping. Respondent’s repeated and deliberate dishonesty is a fundamental form of misconduct that demonstrates her unreliability. Though Respondent has a long tenure with the agency, good evaluations, and only a minor disciplinary history, those mitigating factors are heavily outweighed by the frequency and severity of her misconduct.

Observing that "Respondent failed to accept any responsibility for her false records and unsuccessfully attempted to shift the blame to others", Judge Casey recommended that the Respondent be terminated from her position.

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

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A Reasonable Disciplinary Penalty Under the Circumstances -- The text of this e-book focuses on determining an 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 more information click HERE.