Selected links to items focusing on government operations posted on the Internet during the week ending October 20, 2023

AI: 'A Helping Hand from Our Robot Overlords'
Arizona Chief Information Security Officer Ryan Murray sees two significant opportunities for artificial intelligence in cybersecurity. READ MORE

Cyber.Org Expands Initiative to Bring High Schoolers into Cyber
The group Cyber.org recently expanded its Project REACH program to more schools, as it looks to help create a more diverse cyber career pipeline. Many students are simply unaware of the career potential in the industry. READ MORE

Disaster Zone Podcast: A New Model for Emergency Management
How to do it differently. READ MORE

Ethical AI Procurement Requires Collaboration, Accountability
As state and local governments cautiously pursue AI, they must prioritize ethics, transparency and accountability in procurement to protect public interests and deliver on the technology's potential. READ MORE

FEMA Increases Climate Aid to Disadvantaged Communities
In FEMA’s desire to focus more on disadvantaged communities, the BRIC and FMA projects aim to deliver 40 percent of their overall benefits to communities that are “marginalized, overburdened by pollution and underserved.” READ MORE

How Should Public Libraries Leverage AI Technology?
A new report released last week by the Urban Libraries Council outlines five recommendations of how public libraries can use artificial intelligence technologies in their work to serve communities. READ MORE

NASCIO 2023 State CIO Survey Weighs IT Financial Models
The 2023 survey, released at the group’s annual conference, digs into several key issues for state CIOs: Are general funds better than chargebacks? Is cybersecurity insurance worth it? READ MORE

NYC Releases AI Action Plan, Business-Focused AI Chatbot
New York City has launched the MyCity Business Services chatbot in a beta form to help residents get information about starting or operating their businesses. The city also released an AI Action Plan to guide responsible city government use of the tech. READ MORE

One Year in, Public Safety Threat Alliance Plans for Growth
The Public Safety Threat Alliance plans to offer cybersecurity tabletop exercises and a real-time automated threat intelligence feed, and build up its international membership. READ MORE

Public Sector Tech Trends: A Modernization Guidebook
Learn how to build a more resilient, data-driven organization so you can meet demands like remote work, digital services, and risk management.
GET THE GUIDE

Redesigned Website Helps Org Better Respond to Disasters
Healthcare Ready has relaunched its website with new tools to help the public, the health-care sector and emergency managers to keep up with disasters and other health matters, including making it mobile friendly. READ MORE

Skills-Based Hiring Widens Potential Government Workforce
States and city governments are rethinking job requirements, replacing four-year degrees with proven skill applications to bring in new applicants.
READ MORE

State Data on Risk Factors for Cognitive Decline, HBI Road Map Webinar and New International Report of Risk Factors - READ MORE

Sustainability Is Key to State Plans for Federal Cyber Funds
As federal funding for local government cybersecurity comes down through state governments, North Carolina CIO James Weaver explains why it’s essential that projects aren’t just “one and done.” READ MORE

 

Municipal and School Audits released by New York State Comptroller Thomas P. DiNapoli

On October 18, 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 the summary and the complete audit report

 

Baldwin Union Free School District – Sexual Harassment Prevention (SHP) Training (Nassau County)

SHP training was not provided to all employees or any board members. Of the 120 total individuals tested (115 selected employees and all five board members), 17 employees and the five volunteer board members did not complete the annual training.

 

Burnt Hills – Ballston Lake Central School District – Employee Benefit Plan Forfeited Funds (Saratoga County)

District officials were not aware that the Health Flexible Spending Arrangement and Dependent Care Assistance Program administrator did not return forfeited funds totaling $25,701 to the district, as required. Because officials did not ensure the forfeited funds were returned, the funds were not available for the district’s use.

 

Eastern Suffolk Board of Cooperative Educational Services – Information Technology (IT) (Suffolk County)

Although BOCES officials restricted user account access to the financial application, they did not adequately manage user account access to the network. As a result, BOCES had an increased risk that the network could be accessed by unauthorized individuals. In addition to sensitive IT control weaknesses that were confidentially communicated to BOCES officials, auditors found that officials did not disable 681 network user accounts that were not needed or logged in to for at least six months.

 

South Kortright Central School District – Claims Audit (Delaware County)

Although the board and district officials generally ensured claims were adequately supported and properly audited prior to payment, certain purchases of goods and services auditors reviewed lacked necessary supporting documentation. In addition, the board did not comply with state law when it appointed the clerk of the board as the deputy claims auditor. The claims auditor and deputy claims auditor, as part of their claims audit process, did not verify that requests for proposals were solicited for seven professional service providers and an insurance provider that were paid a total of $205,042 during the audit period. Auditors found 18 claims totaling $20,834 were approved without documentation to verify compliance with the district’s procurement policy.

 

Village of Remsen – Clerk-Treasurer’s Records and Reports Audit Follow-Up (Oneida County)

The purpose of the review was to assess the village’s progress in implementing our recommendations in the audit report released in January 2021. Based on limited procedures, auditors found the village has not made progress implementing corrective action, as none of the nine audit recommendations were implemented. The board was unable to provide a reasonable explanation for taking no corrective action.

 

Uniondale Union Free School District – Information Technology (Nassau County)

District officials did not adequately manage nonstudent network user accounts and permissions. As a result, the district had an increased risk of unauthorized access to and use of the network and could potentially lose important data. In addition to sensitive IT control weaknesses that were confidentially communicated to officials, auditors found that the technology supervisor did not establish written procedures for granting, changing and disabling nonstudent network user account access or regularly review the accounts to ensure they are necessary. Additionally, they did not disable 3,471  of the enabled nonstudent network user accounts that were not needed.

###

 

Former Town of Marion court clerk sentenced to jail, ordered to pay more than $59,000 in restitution

On October 18, ,2023, New York State Comptroller Thomas P. DiNapoli, Wayne County District Attorney Michael Calarco, and Acting Superintendent of State Police Dominick L. Chiumento announced that the former court clerk for the Town of Marion, Eileen Steurrys, was sentenced to serve six months in jail and pay over $59,000 in restitution after her conviction for embezzling from the town court and altering records in an effort to hide her crimes. 

“Ms. Steurrys thought she could abuse her position to steal from the public and conceal her theft.  She now faces the consequences of her betrayal of the public’s trust,” DiNapoli said. “My thanks to District Attorney Calarco and the State Police for their continuing partnership in combating public corruption.”

Wayne County Assistant District Attorney John Ferlicca said, “Eileen Steurrys abused the trust that had been placed in her by the Marion Town Court. Today she answered to the People of the State of New York for her crimes of using her court clerk position for personal enrichment.”

“The sentencing of Ms. Steurrys should serve as a reminder that those who choose to abuse their public position will be brought to justice,” said Acting Superintendent Dominick L. Chiumento. “This former court clerk stole money from the court to support her own lifestyle. We will not tolerate this illegal behavior or abuse of power. I applaud the work of the State Police members assigned to this case, the State Comptroller’s Office, and the Wayne County District Attorney’s Office for their dedicated and hard work in exposing this fraud.”

Ms. Steurrys' thefts were initially discovered when DiNapoli’s office audited the Town of Marion Court Fund. DiNapoli’s office then partnered with Wayne County District Attorney Calarco’s office and the State Police to investigate her crimes, leading to her arrest and conviction. The joint investigation determined that, from 2016 to 2021, Ms. Steurrys pocketed $59,293 in court fees paid by the public instead of depositing the money in the court’s account and altered court records and created phony receipts in an effort to hide the crimes.

On August 16, 2023, she pled guilty to grand larceny in the second degree, corrupting the government in the second degree, tampering with records in the first degree and official misconduct. Steurrys was sentenced in Wayne County Court.

###

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. Allegations of fraud involving taxpayer money can be made by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigations@osc.ny.gov or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.

 

Probationary employee challenges termination from employment without a hearing

The petitioner [Educator] in this CPLR Article 78 action contended that her termination by the school district [District] without a hearing prior to the end of her probationary period was in violation of §3020-a of the Education Law.

Educator had been appointed as a permanent substitute teacher by the District for the 2015-2016 school year and in September 2016, commenced a four-year probationary period* as a bilingual elementary teacher within the District. Based on the recommendation of the District's superintendent, the District summarily terminated Educator's probationary employment effective August 2, 2020.

Educator challenged the District's action, contending that her substitute teaching experience during the 2015-2016 school year, combined with her probationary service for the 2016-2017 through 2019-2020 school years, satisfied her four-year probationary requirement, and thus she had acquired tenure in her position by estoppel prior to the District's terminating her employment in August 2020.

Supreme Court granted the District's motion to dismiss Educator's Article 78 proceeding. Educator appealed the Supreme Court's ruling.

The Appellate Division sustained Supreme Court decision, explaining:

1. "The Education Law distinguishes between probationary teachers and tenured teachers" and teachers in certain school districts must serve a probationary period of four years;

2. "The employment of a probationary teacher can be terminated at any time during the probationary period, without any reason** and without a hearing, whereas the employment of a tenured teacher can be terminated only after formal disciplinary proceedings;

3. "Tenure by estoppel results 'when a school board accepts the continued services of a teacher or administrator, but fails to take the action required by law to either grant or deny tenure prior to the expiration of the teacher's probationary term'; and

4. "Service as a substitute teacher does not constitute probationary service for purposes of obtaining tenure as a regular teacher" although "a teacher's probationary term may be reduced through 'Jarema' credit for prior service as a 'regular substitute' teacher'. (See Matter of Speichler v Board of Coop. Educ. Servs., Second Supervisory Dist., 90 NY2d 110)."

Here, opined the Appellate Division, Educator's petition "alleged [she] was employed as a permanent substitute during the 2015-2016 school year, and the evidentiary submissions conclusively established that the [Educator] taught, as a substitute teacher, several different classes over the 2015-2016 school year and that the longest period that she substituted for the same teacher was 26 days. Under these circumstances, the petition does not support a cause of action alleging tenure by estoppel because, contrary to the [Educator's] contention, her service as a substitute teacher did not constitute probationary service."

Further, said the court, evidence established that Educator "did not serve as a 'regular substitute' during the 2015-2016 school year and, therefore, she is not entitled to Jarema credit".

Accordingly, the Appellate Division held that Supreme Court properly granted the District's motion to dismiss the petition and dismissed the proceeding.

* See Education Law §3012(1)(a).

** N.B. Except as otherwise provided by law or the terms or conditions of a collective bargaining agreement, the employment of a probationary employee may be terminated without a hearing and without a statement of reasons after the completion of the probationer's minimum probationary period, if any, in the absence of a demonstration that the termination was made in bad faith, for a constitutionally impermissible reason or an illegal purpose, or in violation of statutory or decisional law. See Matter of Yonkers Firefighters v City of Yonkers, 165 AD3d 816.

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

 

Establishing affirmative defenses to alleged pay-discrimination claims brought pursuant to Federal and New York State laws

In ANITA EISENHAUER v. CULINARY INSTITUTE OF AMERICA, [21-2919-cv], decided October 17, 2023, United States Circuit Court [Second Circuit] Judge JOSÉ A. CABRANES introduced the court's majority decision* as follows:

"This case presents the questions of what a defendant must prove to establish affirmative defenses to pay-discrimination claims under federal and state laws: the Equal Pay Act, 29 U.S.C. §206(d), and New York Labor Law §194(1). 

"Plaintiff Anita Eisenhauer alleges that defendant Culinary Institute of America violated these equal-pay laws by compensating her less than a male colleague. 

"The Culinary Institute responds that a 'factor other than sex' — its sex-neutral compensation plan, which incorporates a collective bargaining agreement — justifies the pay disparity. 

"Eisenhauer argues that the compensation plan cannot qualify as a 'factor other than sex' because it creates a pay disparity unconnected to differences between her job and her colleague’s job."

* CHIEF JUDGE DEBRA ANN LIVINGSTON concurred in the judgment in part and filed a separate opinion.

Click HERE to read more.