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NEW YORK STATE DEPARTMENT OF CIVIL SERVICE ANNOUNCES ONLINE CIVIL SERVICE EXAMINATION NOW AVAILABLE TO PURSUE PUBLIC SERVICE CAREERS AS ATTORNEYS |
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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. 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:
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. | |
Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.
September 08, 2023
PURSUE A CAREER IN PUBLIC SERVICE AS AN ATTORNEY WITH THE STATE OF NEW YORK
Governor Kathy Hochul signs legislation to enhance state and municipal opportunities for employment in the civil service
On September 7, 2023, Governor Kathy Hochul signed two pieces of legislation to expand access to employment opportunities in civil service.
One, Chapter 358 of the Law of 2023, requires the Department of Civil Service and municipal civil service commissions to provide civil service examination announcements to local Boards of Cooperative Educational Services (BOCES), school districts, public colleges, public universities, local social services districts, and, to the extent practicable, job training programs.
The other, Chapter 356 of the Laws of 2023, provides that time spent as a provisional employee be counted towards satisfying an employee's probationary period upon receiving a permanent appointment in the same title. The bill provides "Notwithstanding the foregoing or any law or rule to the contrary, any person appointed provisionally in accordance with section sixty-five of this title who receives a permanent appointment to the same title shall have all time spent as a provisional appointment credited to any probationary term that is required upon permanent appointment to a position."
September 07, 2023
Determining the effective date of resignations submitted by public officers of the State of New York and of its political subdivisions
On September 7, 2023, Albany Times Union Columnist Chris Churchill reported that Roman Catholic Diocese of Albany Bishop Edward Scharfenberger "submitted [his resignation] to the Vatican on the occasion of Scharfenberger's May 29 birthday ... reflected that bishops are required to submit their resignation when they turn 75."
Mr. Churchill opined, "Pope Francis can now accept Scharfenberger's resignation and name a replacement. But that isn't expected, principally for two reasons: One, Scharfenberger doesn't want to step down just yet, and, two, it is likely the pope will want the bishop to see out an ongoing Chapter 11 bankruptcy process initiated in response to Child Victims Act claims."
Such is not the case with respect to a resignation submitted by a public officer of the State of New York or a by a public officer of a political subdivision of the State of New York as §31.2 of the New York State Public Officers Law, Resignations,* provides as follows:
"Every resignation shall be in writing addressed to the officer or body to whom it is made. If no effective date is specified in such resignation, it shall take effect upon delivery to or filing with the proper officer or body. If an effective date is specified in such resignation, it shall take effect upon the date specified, provided however, that in no event shall the effective date of such resignation be more than thirty days subsequent to the date of its delivery or filing; except that the effective date of the resignation of a judge or justice of the unified court system may be up to ninety days subsequent to the date on which such resignation is delivered or filed. If a resignation specifies an effective date that is more than thirty days subsequent to the date of its delivery or filing, or more than ninety days subsequent thereto where such resignation is that of a judge or justice, such resignation shall take effect upon the expiration of thirty days from the date of its delivery or filing, or upon the expiration of ninety days therefrom, as appropriate."
The withdrawal of a resignation delivered to the appropriate officer or body typically requires the approval of the appointing authority or body, as the case may be.
* Other state statutes provide for procedures to be followed with respect to the submission of a resignation by particular public officers. In addition, rules and regulations, and provisions set out in a collective bargaining agreement negotiated pursuant to Article 14 of the Civil Service Law, the so-called Taylor Law, may control with respect to resignations of employees of the State as the employer or employees of a political subdivision of the State as the employer. Further, although not all public employees in the civil service are public officers, all public officers in the civil service are public employees.
New York State Public Personnel Law e-books
The Discipline Book - For information and access to a free excerpt of the material presented in this e-book HERE
A Reasonable Disciplinary Penalty - For information and access to a free excerpt of the material presented in this e-book Click HERE .
The Layoff, Preferred List and Reinstatement Manual - For information and access to a free excerpt of the material presented in this e-book Click HERE .
Disability Leave for fire, police and other public sector personnel - For information and access to a free excerpt of the material presented in this e-book Click HERE .
New York State Comptroller Thomas P. DiNapoli releases audits
New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued on September 6, 2023.
Click on the text highlighted in color to access the entire audit report.
State University of New York – Oversight of Disability Services
(2021-S-42)
The State University of New York (SUNY) is the largest comprehensive system of
public education in the nation, serving about 370,000 students each year.
During the 2020-21 academic year, 31,367 students self-reported a disability at
the campuses. The Americans with Disabilities Act (ADA) prohibits
discrimination on the basis of disability by public entities, including access
to programs, activities, and services. The 2010 ADA Standards for Accessible
Design (ADA Standards) set minimum scoping and technical requirements for newly
designed and constructed or altered State and local government facilities,
public accommodations, and commercial facilities. For a sample of six campuses
(Binghamton University, Maritime College, Stony Brook University, SUNY
Morrisville, SUNY Cobleskill, and SUNY Oneonta), auditors found they provided
academic accommodations to students with disabilities, provided outreach and
training to students and staff about their services, and received no complaints
regarding discrimination. With the exception of SUNY Morrisville, the campuses
adequately documented that students who reported a disability either were provided
accommodations or did not complete the self-reporting process. Additionally,
auditors found that buildings, structures, and parking lots at the six campuses
were ADA compliant, but also identified 170 areas where
accessibility could potentially be improved should SUNY seek to go beyond the
minimum ADA Standards.
Department of Health – Improper Medicaid Payments for Outpatient Services
Billed as Inpatient Claims (2022-S-16)
The State’s Medicaid program reimburses hospitals for services. A recipient’s
status in a hospital – inpatient versus outpatient – affects Medicaid’s
reimbursement for services provided. Inpatient care generally requires
recipients to stay overnight in the hospital and be monitored throughout
treatment and recovery. Generally, outpatient services are medical procedures
that can be performed in the same day, commonly making them less expensive
because they are less involved and do not require a patient’s continued
presence in a facility. The audit identified 34,264 fee-for-service inpatient
claims, totaling $360.6 million, where hospitals reported the recipients were
discharged within 24 hours of admission. There is a high risk that a portion of
these claims were improper if the services provided should have been billed as
outpatient. For a judgmental sample of 190 claims, totaling $4,261,428, from
six hospitals, auditors found 91 claims (48%), totaling $1,577,821, were billed
improperly. There is an equally high risk that a portion of the remaining
34,074 claims, totaling $356 million, were likewise improperly billed as
inpatient services.
State Education Department (Preschool Special Education Audit Initiative)
– Queens Centers for Progress – Compliance With the Reimbursable Cost Manual
(2022-S-41)
Queens Centers for Progress, a New York City-based not-for-profit organization,
is approved by the State Education Department to provide preschool special
education services to children with disabilities who are between the ages of 3
and 5 years. For the 3 fiscal years ended June 30,
2019, Queens Centers for Progress reported approximately $14.8 million
in reimbursable costs for the SED preschool cost-based programs. Auditors
identified $257,297 in reported costs that did not comply with requirements.
New York City Department of Housing Preservation and Development –
Mitchell-Lama Vacancies (Follow-Up) (2022-F-34)
The Mitchell-Lama Housing Program provides affordable rental and cooperative
housing to middle-income families. The New York City Department of Housing
Preservation and Development (HPD) supervises 93 Mitchell-Lama rental and
limited-equity cooperative developments with approximately 47,000 total
apartments in NYC. Apartments in Mitchell-Lama developments tend to be
desirable because of their affordability; consequently, the waiting lists for
many of these apartments can be quite lengthy. To ensure efficient turnover of
vacant apartments, HPD’s Reporting and Compliance Directive (Directive)
requires developments to fill vacancies within 120 days. A prior audit report,
issued in July 2021, found that, despite the scarcity of affordable housing,
vacant apartments were generally not filled in the 120-day time frame, with
1,286 apartments taking, on average, 222 days to fill, including 214 that
remained vacant for a year or longer. As of December 31, 2019, 78 developments
reported 670 vacancies, 371 (55%) of which had been vacant for over 120 days,
including 111 apartments vacant for over a year and eight apartments vacant for
more than 3 years. At one development, 15 apartments had been vacant for as
long as 30 years. The follow-up found HPD made some progress in addressing the
problems identified in the initial audit report, but more action is needed. HPD
made efforts to simplify data reporting and analysis, improve monitoring of
developments, identify developments with consistent delays filling vacancies,
and repair uninhabitable apartments, but did not provide documentation to
support their review or analysis of vacancy reports or verification of action
plans to fill vacant apartments. Of the initial report’s six audit
recommendations, one was implemented, four were partially implemented, and one
was not implemented.
Office of Children and Family Services – Oversight of Adult Protective
Services Programs (Follow-Up) (2023-F-6)
The Office of Children and Family Services (OCFS) oversees Adult Protective
Services (APS), State-mandated services for adults who, because of a mental or
physical impairment, are unable to meet their essential needs, need protection
from harm, and have no one available to assist them responsibly. To ensure that
APS activities meet State standards, OCFS conducts Practice Reviews (Reviews)
of each APS provider and may require a provider to submit a written program
improvement plan (PIP). A prior audit report, issued in November 2021, found
that OCFS policies and procedures lacked explicit guidance on critical aspects
of the Review process, including time frames for conducting Reviews, follow-up
with providers regarding deficiencies and PIPs, and documentation of these
efforts. Further, progress notes were not always entered into the case files
within the required time frame and, thus, may not have captured the most
accurate record of events to ensure that clients’ needs were met. The initial
audit found the most prevalent case file documentation issues with the Staten Island field office – issues
also identified during OCFS’ 2017 Review. However, OCFS did not follow up on
these deficiencies. The follow-up found OCFS made progress with these issues,
but improvements are still needed. OCFS worked to improve data relating to APS
referrals and APS provider actions and revised policies and procedures to
outline required Review activities and designate responsible staff and
timelines. However, the new procedures lacked guidance regarding follow-up with
APS providers who showed deficiencies after corrective actions had been taken
to address PIPs. Of the initial report’s three recommendations, one was
implemented and the other two were partially implemented.
Homes and Community Renewal – Office of Rent Administration – Collection
of Fines Related to Tenant Complaints (Follow-Up) (2023-F-9)
The Office of Rent Administration (ORA), part of Homes and Community Renewal
(HCR), administers rent laws and regulations for regulated apartments in the
State. Non-compliance and harassment cases filed by rent-regulated tenants that
cannot be resolved by settlement, mediation, or conference are heard before an
Administrative Law Judge. Owners found to be in violation could face fines of
at least $1,000 for each first non-compliance offense and at least $2,000 for
each first harassment offense. A prior audit report, issued in December 2019,
found ORA lacked proper fiscal controls over fines and settlements, providing
limited assurance that all monies due to the State were received and accounted
for. ORA was also not exercising its full authority to collect outstanding
fines in a more timely manner. While most owners paid their fines, at least
$346,000 in fines was outstanding as of April 10,
2019, including $206,000 in fines and interest dating back to 1995.
The follow-up found ORA made progress with addressing these issues,
establishing a system to accurately track fines and settlements, improving
communication about fines among different divisions and units of HCR, and
reinstating a process to refer judgments for collection. However, ORA has not
identified a process for tracking repeat offenders, stating another unit within
HCR performs that function. ORA has also not enhanced protections for
rent-controlled tenants outside NYC, citing legal constraints. Of the initial
report’s six recommendations, three were implemented, one was partially
implemented, and two were not implemented.
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