Justia's lists 2,321 lawblogs in the United States, which includes 296 New York lawblogs. Justia's September 16, 2023 national rank of the 20 most popular New York's lawblogs for "all time" are shown below:
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.
Justia's lists 2,321 lawblogs in the United States, which includes 296 New York lawblogs. Justia's September 16, 2023 national rank of the 20 most popular New York's lawblogs for "all time" are shown below:
For information about current employment opportunities click HERE.
On September 14, 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 an Executive Summary of the Audit Report and a link to the complete text of the Audit Report
School district officials secured user account access to the financial application but did not secure user account access to the network or develop an IT contingency plan. This increases the risk of unauthorized access, lost data, and inability to recover from a network disruption. In addition, the district’s use of two central network management tools for over 10 years has created security concerns due to lack of monitoring of all accounts on both tools. Also, auditors found 91% of the district’s enabled network user accounts were not logged into in the last six months. Accounts grant access to sensitive information, and unneeded accounts should be disabled to protect data. Lastly, officials also did not provide IT security awareness training to district IT users.
BOCES officials did not monitor electricity rates to ensure they were at the lowest possible cost or ensure that invoices for electricity usage were accurate. Had officials monitored the electricity rates and ensured the utility bills were accurate, officials may have reduced BOCES electricity supply expenses by almost 50%, or approximately $172,000, during the 28-month audit period.
Town of Venice – Supervisor’s Financial Records and Reports (Cayuga County)
The supervisor’s accounting records were not complete, accurate or up to date. Of the 39 cash receipts totaling $6.1 million, and 36 cash disbursements totaling $124,391 reviewed: 20 cash receipts totaling $3.1 million either did not match bank deposits or lacked adequate support documentation, 25 cash receipts totaling $4.8 million were not recorded on time in the supervisor’s accounting records, 11 disbursements totaling $39,038 were not recorded in the accounting records, and eight disbursements totaling $33,021 lacked adequate support documentation and were not board approved. Furthermore, bank reconciliations for 15 of the 36 months reviewed were not performed, and the town’s 2020 required annual update document (AUD) was filed 310 days late. The 2021 and 2022 AUDs were not filed. The supervisor also did not present financial records and reports to the board for audit, as required.
Onondaga County – Sexual Harassment Prevention (SHP) Training (S9-23-8)
SHP training was provided to employees and elected officials. However, of the 250 total individuals tested (227 selected employees and all 23 elected officials), 14 employees, or 6%, of employees tested did not complete the annual SHP training.
Town of Southold – Sexual Harassment Prevention (SHP) Training (Suffolk County)
SHP training was provided to employees and elected officials. However, of the 45 total individuals tested (26 selected employees and all 19 elected officials), six employees and 10 elected officials did not complete the annual SHP training. Additionally, of the 423 total town employees and elected officials tested, 10 justice court employees, 38 police department employees and the town historian were excluded from the SHP training.
Town of New Hartford – Sexual Harassment Prevention (SHP) Training (Oneida County)
SHP training was provided to employees and elected officials. However, of the 20 total individuals tested (11 selected employees and all nine elected officials), three employees and six elected officials did not complete the annual SHP Training. Additionally, the town excluded new hires at the highway department who started after April’s scheduled session from SHP training.
Village of Lynbrook – Sexual Harassment Prevention (SHP) Training (Nassau County)
SHP training was provided to employees and elected officials. However, of the 35 total individuals tested (28 selected employees and all seven elected officials), six employees (21%) did not complete the annual SHP training.
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An employee's absence
from work may be based on various reasons or excuses alleged or claimed by the individual. Below are a number common
absences from work that served as the genesis for litigation in New York courts.
Accruing vacation and sick leave credits during leave for ordered military leave
Alleged abused the school district’s leave provisions, http://www.counsel.nysed.gov/Decisions/volume39/d14280.htm
Applying the provisions of Civil Service Law §§71, 72 and 73
Determining the compensation to be paid a teacher absent from work when “school is in recess”
Extension of the probationary period as the result of absence during the probationary period
Employee’s reporting feeling “tired, lethargic, fatigue-ish and ill” insufficient notice to trigger the protections of the FMLA
Filing disciplinary charges against an employee where the absence is due to an injury or disease
Negotiating paid religious holidays
Workers’
compensation leave pursuant to Civil Service Law Section 71
NYPPL's E-book focusing on disability leave for fire, police and other public sector personnel is available for purchase from BookLocker. For information and access to a free excerpt of the material presented in this e-book, Click HERE
In addition, the New York State Workers’ Compensation
Board continues to offer its webinar series for workers and their
advocates. Workers’ Comp 202: Best Practices to Access Benefits for Workers, A
presentation by the Office of the Advocate for Injured Workers. Webinars currently scheduled are listed below.
The sessions are free and time for questions is provided.
Tuesday, October 2, 2023
10:00 A.M. - 11:30 A.M.
Register here
Wednesday, December 13, 2023
10:00 A.M. - 11:30 A.M.
Register here
Topics include:
On September 8, 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 both summary and the complete audit report.
City of Niagara Falls – Sexual Harassment Prevention (SHP) Training (Niagara County)
SHP training was not provided to all employees and elected officials. Of the 65 total individuals auditors tested (59 selected employees and all six elected officials), 14 employees, or 24% of employees tested, and five elected officials did not complete the annual SHP Training. Additionally, the fire department cancelled the annual SHP Training for all 131 of its uniformed personnel.
City of Watertown – Sexual Harassment Prevention Training (Jefferson County)
SHP training was provided to employees and elected officials. However, there was a general lack of monitoring to ensure the SHP training was completed by all employees and the city’s training completion records were unreliable. As a result, officials have no assurance that all individuals who should have completed the 2021 SHP training did so.
Cold Spring Harbor Central School District – Capital Assets (Suffolk and Nassau Counties)
District officials did not properly record, tag and account for capital asset purchases. As a result, the district has an increased risk that its assets could be lost, misused or stolen. Auditors found: the assistant superintendent for business did not maintain an inventory of capital assets that had a minimum value of $500; 67 capital assets totaling $171,438 were not properly identified or recorded; and the purchasing department did not prepare and distribute unique identification tags for capital assets that were purchased during the audit period.
SHP training was not provided to all employees or board members and because the district’s training completion records are unreliable, officials have no assurance all individuals required to complete the 2021 SHP training did so. Additionally, the district excluded new hires, and per diem employees from SHP training.
District officials did not adequately secure user account access to the network and shared network folders to help safeguard personal, private and sensitive (PPSI) information. As a result, there is an increased risk of unauthorized access to the network and PPSI stored on shared network folders. Auditors found that officials did not: disable 35 unnecessary former employee shared and service network user accounts, which comprise 11% of the district’s enabled accounts; adequately secure shared network folder access, resulting in users having unnecessary access to multiple forms of PPSI in eight shared folders; or maintain a data inventory to properly protect information technology resources, including data containing PPSI.
Lansing Fire District – Investment Program (Tompkins County)
Auditors found the board of fire commissioners did not develop and adopt a comprehensive written investment policy as required by state law. The district earned interest totaling approximately $9,000 from its savings account, which had an average daily balance of approximately $3.8 million during the audit. However, the district could have earned approximately $70,000, or $61,000 more had officials used other available investment options. Officials did not consider other legally permissible investment options or formally solicit interest rate quotes that may have resulted in higher interest earnings.
Persistence Preparatory Academy Charter School – Credit Cards (Erie County)
Credit card charges reviewed by auditors were not properly approved or adequately supported, and nearly all the charges lacked support to show they were for a valid school purpose. Auditors reviewed transactions totaling $117,567 and determined that almost 98% lacked documentation to demonstrate the charge’s necessity or the school-related purpose of the charge. For example, charges totaling $22,276 included grocery, alcohol and restaurant purchases, and food purchases for “going away parties,” a teacher’s bridal shower and staff holiday parties. Additionally, the board treasurer did not review credit card charges in a timely manner.
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