From the Blogs for the week ending October 13, 2023

How Can Local Governments Safely Use Generative AI?
A new task force formed by MetroLab is seeking to explore this question, doing so by including more than 45 local governments, alongside other public, academic and private-sector members. READ MORE

 

Are We Witnessing the Death of the Password?
Long the front line of digital security, the humble password may be on its way out. Or maybe not. In a landscape packed with alternatives — and increasingly destructive cyberattacks — it’s complicated. READ MORE

 

What Cyber Response Can Learn from Traditional Disasters
Government has battle-tested playbooks for dealing with hurricanes, tornadoes and wildfires. As cyber emergencies become both more common and more devastating, what can cyber responders learn from physical emergency response? READ MORE

 

Boulder Disaster Management Social Account Hacked, Disabled
The official Twitter/X account for the Boulder, Colo., Office of Disaster Management was deactivated to prevent “suspicious activity” after it was apparently hacked over the weekend. READ MORE

 

Climate Vulnerability Index Shows Weather Impacts Neighborhoods
The new map analyzes more than 70,000 tracts across the nation and illustrates what conditions shape a person’s level of vulnerability, including factors such as health, socioeconomic impact, environment, weather events, infrastructure and more. READ MORE

 

 

 

 

 

Judicial review of a determination denying a petitioner's application for performance of duty disability retirement benefits

Petitioner, a police officer, filed an application for performance of duty disability retirement benefits, alleging that he was permanently incapacitated therefrom due to injuries sustained to his neck and back after falling down a set of stairs. The application was denied, and Petitioner requested a hearing and redetermination. At the conclusion of the hearing that followed, during the course of which Petitioner, his treating physician and the physician who evaluated Petitioner at the request of the New York State and Local Retirement System [ERS] appeared and testified, the Hearing Officer upheld the denial, finding that Petitioner failed to demonstrate that he was permanently incapacitated from the performance of his duties. The State  Comptroller adopted the Hearing Officer's findings and conclusions, and Petitioner initiated a CPLR Article 78 proceeding to challenge the Comptroller's determination.

The Appellate Division affirmed the Comptroller's determination, explaining:

1. Petitioner, as the applicant, bore the burden of establishing that he was permanently incapacitated from the performance of his duties as a police officer "as the natural and proximate result of a disability . . . sustained in such service";

2. The State Comptroller "is vested with the exclusive authority to determine all applications for retirement benefits";

3. The Comptroller's determination in this regard, if supported by substantial evidence in the record as a whole, will not be disturbed; and

4. Conflicting medical testimony presented a credibility issue for the Comptroller to resolve and the opinion rendered by Petitioner's treating physician was not entitled to greater weight over that of the physician who evaluated Petitioner at the request of the ERS and the Comptroller was free to credit ERS' expert's opinion over that of Petitioner's, despite the treating physician familiarity with the Petitioner.

Thus, the Appellate Division opined that the Comptroller's determination was supported by substantial evidence.

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

 

Paid Family Leave for employees of the State in Managerial or Confidential positions

This addition to 4 NYCRR 28-1.19 provides for a grant of up to twelve weeks of paid family leave for a "qualifying event" to eligible employees of the State as the employer serving in positions designated managerial or confidential within the meaning of Article 14 of the Civil Service Law [the so-called Taylor Law].

The text of rule and any 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.

Elements considered by courts in actions seeking to vacate an arbitration award

In a proceeding pursuant to CPLR Article 75 to vacate an arbitration award, the Petitioner appealed from a judgment of the Supreme Court denying his petition and dismissing the proceeding. The Appellate Division affirmed the Supreme Court's judgment, with costs.

Noting that judicial review of an arbitration award "is extremely limited", the Appellate Division, citing Hackett v Milbank, Tweed, Hadley & McCloy, 86 NY2d 146, explained that under CPLR 7511, "an [arbitration] award may be vacated only if (1) the rights of a party were prejudiced by corruption, fraud or misconduct in procuring the award, or by the partiality of the arbitrator; (2) the arbitrator exceeded his or her power or failed to make a final and definite award; or (3) the arbitration suffered from an unwaived procedural defect".

"An arbitrator 'exceed[s] [his or her] power within the meaning of the CPLR only when [he or she] issue[s] an award that violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power'", citing American Intl. Specialty Lines Ins. Co. v Allied Capital Corp., 35 NY3d 64.

Further, a party seeking to overturn an arbitration award "bears a heavy burden and must establish a ground for vacatur by clear and convincing evidence" (See Matter of Board of Educ. of the Yonkers City Sch. Dist. v Yonkers Fedn. of Teachers, 185 AD3d 811).

The Appellate Division opined that in this action Petitioner "failed to show, by clear and convincing evidence, a basis for vacating the arbitration award pursuant to CPLR 7511."

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

 

An invitation to join the New York State Comptroller's team

The New York State Comptroller's office employs over 2,700 public servants statewide who are dedicated to ensuring taxpayer dollars are used effectively and for public good. The team consists of auditors, financial, business and policy analysts; information technology specialists, contract managers, investigators, and more.

New York State Comptroller Thomas P. DiNapoli invites interested individuals to learn more about his office which includes:

• Managing the New York State Pension Fund, one of the best-funded and best-managed public pension plans in the nation.
• Administering the New York State and Local Retirement System for more than one million members, retirees and beneficiaries and employers.
• Protecting taxpayer funds by uncovering waste, fraud and abuse at all levels of government.
• Fighting public corruption and pension fraud.
• Returning millions in unclaimed funds to rightful owners.
• Providing independent fiscal oversight on State, New York City and local finances.
• Providing technical assistance and training to local government officials and school districts.
• Reviewing State contracts and auditing payments, maintaining the State's accounting system and administering the State payroll.
• An much, much more.
  

To get started:

Click HERE for more information about employment opportunities or guidance on the civil service process.

View all open positions with the Comptroller's office in Albany and across the State.

Find Civil Service exam information, including continuous recruitment exams, those open to the public and promotional exams for State employees.

Meet with representatives at a career fair in your area. View calendar of events.

Follow the New York State Comptroller's office on LinkedIn to learn more about its work, culture and latest opportunities.