Workers’ Comp 101 with the New York State Advocate for Injured Workers: A Webinar to be held on December 20, 2023

The Workers’ Compensation Board (Board) continues its webinar series for workers tomorrow Wednesday, December 20, 2023, 11:00 A.M. - 12:00 P.M.

During this session, the Board’s Advocate for Injured Workers will cover the basics of the workers’ compensation system, including employees’ rights if they become injured or ill on the job. The one-hour presentation will also cover:

● Employees’ benefits under workers’ compensation

● How to file a claim

● How to get help with your claim if needed

● Tips and best practices for injured workers

● Information to be aware of regarding COVID-19 claims

 The session is free and there will be time at the end for questions.

Register here.

 

For additional information:

1. Visit the Advocate for Injured Workers section of the Board’s website for additional resources.

2. You may also call the Advocate for Injured Workers at (877) 632-4996 or email advocateforinjuredworkers@wcb.ny.gov.

 

 

The absence of an expletive in the video recording of a school board meeting found to trump a community member’s unsworn assertion to the contrary

Petitioner, claiming a member of the school board used an expletive during a school board meeting ask the Commissioner to remove the member from the board for such alleged misconduct.

The Commissioner of Education explained that the Commissioner of Education "may remove a school officer or member of a board of education from office when it is proven to the satisfaction of the Commissioner that the officer or board member has engaged in a willful violation or neglect of duty under the Education Law or has willfully disobeyed a decision, order, rule, or regulation of the Board of Regents or the Commissioner"*.  

Noting that in an appeal to the Commissioner the petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief, in the instant appeal, the Commissioner found that the Petitioner failed to prove her allegation that a member of the school board had referred to a community member using an expletive during a board meeting.

The Commissioner found that although Petitioner’s version of event was corroborated by an email from a community member, the recording of the meeting itself did not reveal any such expletive was uttered.** 

Weighing the parties’ submissions on this issue, the Commissioner dismissed the appeal. The Commissioner found the video recording "to be more probative than the community member’s unsworn assertions" and ruled that the Petitioner had failed to meet her burden of proof".

 * See Education Law §306[1] and Application of Kolbmann, 48 Ed Dept Rep 370.

** Petitioner admitted that the comment “cannot [be] hear[d] on the posted video” and failed to submit a reply or any other evidence to corroborate her claim.

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

 

New York State employees, including PEF and CSEA Members, to receive payments for overtime worked during the COVID pandemic

On December 18, 2023, New York State Governor Kathy Hochul, Public Employees Federation President Wayne Spence, and Civil Service Employees Association President Mary Sullivan announced an agreement to award nearly $3 million in backpay to more than 2,100 New York State employees of the State as the employer  who worked overtime during the COVID-19 pandemic. 

More than 1,700 PEF members and more than 400 members of CSEA and other unions, as well as unrepresented employees, will receive payments for work completed beyond traditional work hours at the height of the pandemic.

“This agreement honors the tremendous contributions of New York State workers who went above and beyond to protect, inform, and serve their fellow New Yorkers at the height of the pandemic,” Governor Hochul said. “As we enter the holiday season, we’re putting hard-earned overtime pay back in the hands of the dedicated civil servants who keep our state running and I thank PEF and CSEA for their partnership on this agreement to give state employees the compensation they deserve.”

PEF President Wayne Spence said, “PEF is committed to securing overtime payment for all our members who stepped up to serve New Yorkers during the pandemic. This was money they earned with their sacrifice, and we thank Governor Hochul for making sure public employees are fairly compensated. These hours were worked at great personal risk and helped keep New York operating during an unprecedented state of emergency.”

CSEA President Mary E. Sullivan said, “CSEA is pleased to say we were yet again able to work with Governor Hochul in an amicable way to resolve these pay issues on behalf of our members. We look forward to our continued collaboration with the Governor and thank her again for her support and willingness to work with us on this and many other issues we face.”

Under the agreement, 1,727 PEF members and 428 members of CSEA and other unions, as well as unrepresented employees, will receive payments averaging $1,375. Employees paid via the Administration Payroll will receive payments on December 20. Employees paid via the Institution Payroll will receive payments on December 28.

The agreement builds on Governor Hochul’s commitment to supporting New York State employees. As part of her 2023 State of the State address, Governor Hochul launched a nation-leading initiative to offer 12 weeks of paid parental leave to more than 150,000 eligible New York State employees. 

The Governor also secured commitments in the fiscal year 2024 budget to modernize New York’s public workforce by waiving civil service exam fees through 2025; offering civil service exams on a more frequent basis; establishing state-operated testing centers for civil service exams; and expanding the 55-B hiring program to expand job opportunities for individuals with disabilities. 

In addition, the Governor secured an historic increase to New York’s minimum wage that would raise the minimum wage through 2027 and then index it to inflation.

 

 

Terminating a probationary teacher prior to the end of the educator's probationary period

Supreme Court denied a CPLR Article 78 petition submitted by a former teacher [Plaintiff] seeking a court order annulling The Department of Education of the City of New York and The Board of Education of the City School District of the City of New York's [collectively DOE] decision to terminate Plaintiff's probationary employment, and dismissed the proceeding. The Appellate Division unanimously affirmed the Supreme Court's ruling, without costs.*

The Appellate Division opined that Supreme Court had properly denied Plaintiff's petition, "as DOE's decision to terminate [Plaintiff's] probationary employment was not arbitrary and capricious, an abuse of discretion or contrary to law. Citing Matter of DeVito v Department of Educ. of the City of N.Y., 112 AD3d 421, the court explained "DOE was entitled to discontinue [Plaintiff's] service as a probationary teacher 'at any time and for any reason' unless the decision was "for a constitutionally impermissible purpose, violative of a statute, or done in bad faith."**

Noting there was documentary evidence of Plaintiff's unsatisfactory performance while a probationary teacher, the Appellate Division viewed this evidence to have "sufficiently rebutted any allegations of bad faith" and the fact that Plaintiff "received two effective ratings ... underscore that the administrators at his school treated him fairly."

Addressing Plaintiff's "motion to renew," the Appellate Division held that Supreme Court properly denied the motion "as [Plaintiff's] affidavit failed to present any new evidence that could not have been presented in his petition or that would have rendered a different result".

* Plaintiff's subsequent efforts to renew his petition were likewise unsuccessful. 

** See, also, York v McGuire, 63 NY2d 760.

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

 

Selected links to items focusing on government operations posted on the Internet during the week ending December 15, 2023

2023 Cyber Review: The Year GenAI Stole the Show This was a year unlike any other in the brief history of the cybersecurity industry, with generative artificial intelligence disrupting plans and ushering in unparalleled change to security. READ MORE

 

3 Months After Cash Bail Ended, County Jail Population Declines Effingham County, Ill., has seen a decrease in the number of inmates and a reduction in caseloads just three months after the state ended cash bail. However, the long-term impacts of the end of cash bail remains to be seen. READ MORE

 

A Union-Backed Bill Would Tackle New York Workplace Bullying Proposed legislation that has garnered support from a public employees union would provide greater protection to state workers who file complaints of bullying, which is mostly not illegal in the state. READ MORE

 

After Major Progress in 2023, Digital Equity Looks Ahead

 

AI Is Coming Soon for Governments’ Information. What’s It Worth? States and localities may have hidden treasure in their data that can be profitably unearthed by commercial interests. Governments need to be able to realize the value of their data while still protecting the public. READ MORE

 

Airport Screening of the Future It may be just around the calendar. READ MORE

 

An Eye for Equity and Emerging Tech, CIO James Weaver Charts a Course With an election that promises to usher in a new administration for North Carolina, CIO James Weaver is focusing his energy on improving the foundations of state IT while also embracing new — and unstoppable — technologies. READ MORE

 

Annual NASCIO Survey Highlights Dramatic Shifts in IT Priorities
For the first time since 2007, NASCIO’s annual survey of state IT leaders was tied between two top priorities. That spot, normally dominated by cybersecurity and risk management, was joined this year by digital government and services. READ MORE

 

California Considers Everything, Even Fiscal Emergency, for Budget Gap Gov. Gavin Newsom and state legislators this year made budget cuts and deferred spending as a way to address the $31.5 billion spending gap. But, as tax revenues were delayed by winter storms, the gap has grown to $68 billion. READ MORE

 

California Considers Everything, Even Fiscal Emergency, for Budget Gap Gov. Gavin Newsom and state legislators this year made budget cuts and deferred spending as a way to address the $31.5 billion spending gap. But, as tax revenues were delayed by winter storms, the gap has grown to $68 billion. READ MORE

 

Can your Android phone share your medical data with 911? READ MORE

 

City Halls Should Be the Souls and Hearts of Their Communities Government centers can be more than simply places where official business is conducted. They can be places for residents to meet, interact and celebrate each other. READ MORE

 

Colorado Legislators Work to Improve State’s Mental Illness Care A group of state lawmakers, advocates and parents are working to change a Medicaid rule that limits psychiatric hospital stays to 15 days a month, but the change would need $7.2 million annually and federal approval. READ MORE

 

Colorado OIT Seeks to Fill Two Executive-Level Tech Roles The Colorado Office of Information Technology is officially looking to hire for two executive-level IT roles: deputy executive director and chief information security officer. READ MORE

 

Crooks Can’t Dodge the Real-Time Crime Center ‘Double Click’ “When a call happens today, we can listen in immediately. We’re hearing the person calling in saying, ‘Hey, there’s a shooting.’ And that [information] hasn’t even popped on our dispatcher’s screen yet.” READ MORE

 

Cybersecurity Funded, Now What? Indiana’s CIO Shares 2024 Plan For Indiana CIO Tracy Barnes, elevating cybersecurity, creating IT leadership training, enacting AI policy and laying the framework for a statewide digital ID program will take center stage in 2024. READ MORE

 

Cybersecurity Trends Point to More Sophisticated Attacks Ahead As ransomware attacks have continued to hit state and local organizations — and tech advancements like generative AI have continued apace — cyber experts predict evolving malicious tactics for 2024. READ MORE

 

Dallas Creates New Police Unit to Promote Transparency and Discipline The new unit will be composed mostly of civilian employees. It will publish an annual accountability report that evaluates the department on its policies and training, compared to best practices nationwide. READ MORE

 

Despite Opposition, Newsom Advances Delta Tunnel Project The California governor and his administration are moving forward with a plan to build a 45-mile water tunnel between the Sacramento-San Joaquin River Delta, even as the project has received heavy pushback from environmental groups. READ MORE

 

Digitally Distracted Students Have Lower Academic Performance The Program for International Student Assessment found that about 54 percent of students got distracted by others using digital devices. Those who were distracted scored 15 points lower in math. READ MORE

 

Forensic Investigation Goes Mobile Take your forensic investigations to the next level with a comprehensive multi-biometric identification solution. READ MORE

 

Former Dallas DA Craig Watkins, Creator of Nation's First Conviction Integrity Unit, Dies at 56 The Dallas native was the state’s first Black district attorney and used DNA testing in cases, leading to about two dozen exonerations. His Conviction Integrity Unit has been nationally and internationally recognized. READ MORE

 

Gates Foundation Seeks (and Funds) New Strategies to Address Economic Mobility Fifty million Americans are living in poverty or near it. A new grant program will help nonprofits address inequities and promote upward mobility. READ MORE

 

Georgia Technology Authority Names State Insider as CTO The Georgia Technology Authority has appointed government technology veteran Subramanian Muniasamy to serve as chief technology officer. He brings public-sector IT experience from another Georgia state agency to the role. READ MORE

 

Glenn Marchi Named CIO of Orange County, N.Y. Marchi previously spent seven years leading the Office of Central and Information Services for nearby Dutchess County, N.Y., with both jurisdictions being located just north of New York City. READ MORE

 

How Digitization Can Make Government More Equitable As experts recently discussed at Code for America’s FormFest 2023 event, the digitization of government forms and processes can create more equitable access to government services for constituents. READ MORE

 

How Indiana Is Offering Free Cybersecurity Resources to Cities Armed with federal money, Indiana is giving endpoint detection and response services to local governments, with 31 entities signing up so far. But can the state make this last after the money runs out? READ MORE

 

Minnesota's Top Transit Agency Tries New Approaches to Public Safety Metro Transit in Minneapolis-St. Paul is using new methods of fare enforcement, as well as partnering with social service nonprofits, in an effort to combat open drug use and generally make trains feel safer. READ MORE

 

Modernizing Legacy Systems Is Ultimately User-Centered Work In 2023, we checked in with states on where they are with updating their major systems of record, from DMVs to ERPs. Many are overcoming tech debt with the end goal of a better resident experience. READ MORE

 

More Than Stenography: Exploring Court Record Options (Part 1) As courts grapple with a growing need for more reporters, some are considering turning to automated speech-to-text tools and other less traditional alternatives. READ MORE

 

More Than Stenography: Exploring Court Record Options (Part 1) As courts grapple with a growing need for more reporters, some are considering turning to automated speech-to-text tools and other less traditional alternatives. READ MORE

 

NASCIO Resource Offers States 12 Key Considerations for AI A new resource from NASCIO offers 12 key considerations intended to serve as guidance for states as they work to develop road maps to guide implementation of artificial intelligence technologies. READ MORE

 

New Jersey Schools Still Waiting for Aid Two Years After Ida The federal government promised $23 million to assist with recovery efforts after Hurricane Ida wreaked havoc on 49 schools and nine colleges and universities across the state. Many are still waiting for those funds. READ MORE

 

North Texas City Drives Ahead With Driverless Vehicles Arlington has been using May Mobility to run its Rideshare, Automation and Payment Integration Demonstration program since 2021, which utilizes a fleet of four self-driving vehicles to transport 150 to 200 riders daily. READ MORE

 

Opening Up Primary Elections Is a Voting Rights Issue The primary is often the only real contest in choosing those who will represent us. Closed party primaries are unrepresentative and undemocratic, and they disenfranchise more than half of the voting public: independents. READ MORE

 

Oregon Taps Former Bank of America Senior VP as New CTO Jimmy Godard previously spent more than two decades with the bank, holding roles such as senior vice president of strategy and governance and senior vice president of program service delivery manager. READ MORE

 

Oregon’s Paid Leave Program Offers Frustration Instead of Payment Wait times to speak to customer service representatives have risen to an average of more than 52 minutes, and as many as 1,500 people are experiencing delays due to the identity verification process. READ MORE

 

Over Two Decades, Much of the West Has Turned Blue. Why Hasn't Texas? Its sprawling size is one reason. But there are other factors at work, including discouraged Democrats and Republicans’ success at courting Hispanic voters. READ MORE

 

Pennsylvania Considers Annual Fee for Electric Vehicle Owners The proposed bill would charge electric vehicle owners $290 a year to supplement decreased revenue lost from the state’s gas tax. It is estimated the fee would generate as much as $20 million annually for the state. READ MORE

 

Political Spending by Public-Sector Unions Is Deep Blue More than 95 percent of PAC spending by the four biggest public-sector unions went to Democrats, according to the Commonwealth Foundation. READ MORE

 

Post-pandemic federal funding for digital equity and broadband initiatives has pushed connectivity work forward exponentially. As the new year approaches, experts ask: How do we keep this going? READ MORE

 

Post-Twitter, Government Social Media Remains Up in the Air Facebook. TikTok. X. In a year that saw major upheaval across popular social platforms, are these sites still viable options for delivering vital public information? READ MORE

 

Ransomware Incident Affects Scores of Credit Unions Credit union solutions provider Ongoing Operations experienced a cyber incident in late November. About 60 credit unions are believed to be suffering a level of disruption as a result. READ MORE

 

Red States Struggle to Clean Voter Rolls Without ERIC Republican-led states that withdrew from the Electronic Registration Information Center are now struggling to find new ways to adequately update their voter rolls. Prior to 2022, more than half the states participated in the program. READ MORE

 

San Francisco CIO Linda Gerull Announces Retirement City and county of San Francisco CIO Linda Gerull has set her retirement for Dec. 29. Chief Information Security Officer Michael Makstman will serve as the interim director of the Department of Technology. READ MORE

 

Secrets Behind Successful 311 Apps: Unlocking User Satisfaction How do some agencies create apps residents like to use? The minds behind some of the highest-rated 311 apps share best practices and recommendations to improve performance and citizen experience. READ MORE

 

Smarter Urban Tech Gives Transportation New Data to Leverage New understandings related to parking, micromobility safety, intersection activity and more are being realized thanks to smart transportation technologies. Officials say the data they are able to collect opens the door to new innovations. READ MORE

 

States Increasingly Boost Workforce with Nontraditional Hires From eliminating four-year degree requirements to major reskilling programs and a focus on building agency culture, state IT shops are looking to new ways to overcome persistent staffing concerns. READ MORE

 

Texas Ends Legal Challenge to Tax Cuts, Increased Teacher Pensions In what seems to be a coordinated effort between the governor, attorney general and secretary of state, six lawsuits challenging voter-approved property tax cuts and increases to teachers’ pensions have been blocked. READ MORE

 

Tools to Combat Voter Intimidation, from the 19th Century and Today A successful lawsuit based on 19th-century laws to combat the Ku Klux Klan has renewed attention on how police officers can help protect voters. It's part of a broader effort to crack down on intimidation. READ MORE

 

Transportation, Infrastructure Move Toward Electrification As cities work to get more electric vehicles and micromobility options like e-bikes onto streets, they're also putting livability and equity at the center of how technology can improve the urban experience. READ MORE

 

What Caused California's $68B Budget Hole? California’s projected $68 billion shortfall for the coming fiscal year represents a big challenge. Still, California’s deep reserves can reduce the burden. READ MORE

White House Taps National Security Vet as Cybersecurity Lead Harry Coker Jr. is now the second official national cyber director for the federal government, and he comes to the job with a resume that includes leadership stints with the CIA and the NSA. READ MORE

 

Will 2024 be the Year of Car-Charging Made Easy (or Easier)? Seamless and easy car-charging is the goal for drivers and the auto industry. But getting to complete interoperability is still an elusive target requiring widespread coordination among multiple stakeholders and standards. READ MORE