Posted on the Internet during the week ending December 22, 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

 

A Half-Century of Rural Housing Homeownership is more common in rural areas, but the rental market can be tight, especially for lower-income families. A new report from the Housing Assistance Council analyzes the central role of housing in community resilience. 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

 

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

 

As Digital Government Evolves, Its Mission Stays the Same With every new technology that hits the public sector, from cloud computing to AI, agencies grapple with how to make it work toward achieving their core goal: an accessible, secure government experience. READ MORE

 

As Nation Grew, Illinois Shrunk by 33,000 People in 2023 The state was one of eight that saw population declines between July 2022 and July 2023. Illinois was third in total population decline, behind New York and California, but remains the sixth most populous state. READ MORE

 

As Winter Starts, NYC Gives Snowplows a Digital Kick

 

Bay Area Paramedic Shortage Increases Ambulance Wait Time Nationally, more than a quarter of paramedics leave their jobs every year. Calls for ambulance services in Santa Clara County, Calif., have increased by 25 percent over the past three years. READ MORE

 

Chicago Matures Its Cyber Posture Amid IT Transformation

 

CISO Bruce Coffing on recruiting a more diverse cybersecurity workforce and the unique challenges of locking down systems in a city the size of Chicago. 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

 

Communities Have a Lot to Tell Local Officials. They Need to Listen. City leaders need to make sure the voices of all residents are heard. It’s easier said than done. READ MORE

 

Congested California Region Explores New Form of Autonomous Mobility Transportation officials in the San Francisco Bay Area are working on a plan to use Glydcars — small, electric and autonomous vehicles — to make last-mile connections to more traditional forms of transit. READ MORE

 

Connecticut Worries That AI May Push Out Underserved Workers State officials are worried that under-resourced, low-income young adults may be left behind if not given the proper access and training needed to fill thousands of existing and anticipated jobs. READ MORE

 

Connecticut’s Clean Slate Law Will Wipe 81K Records in January The 2021 law will erase nonviolent crimes from public records in hopes of improving employment and housing opportunities for formerly incarcerated people. Technological upgrades required $8 million for implementation. 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

 

Disaster Zone Podcast: ‘Getting Elected Is the Easy Part’ Insights from a long-serving state-level elected official. READ MORE

 

FBI Disrupts BlackCat Ransomware, Releases Decryption Tool The U.S. Department of Justice reports that it has seized several websites operated by the group BlackCat. The group has targeted schools, health care, local governments and other victims across the U.S. READ MORE

 

Federal Medicaid Funding Is Failing the States That Need It the Most
Wealthier, healthier states receive far more than those with fewer taxable resources and less healthy populations. Congress could do a lot to narrow this fairness gap. READ MORE

 

Fighting Climate Change with Data-Driven Urban Forestry

 

Florida Declines $320M for Reducing Emissions Florida was the only state to decline millions in federal funding that could have been put toward reducing tailpipe emissions and the effects of climate change. The state will build roads and bridges instead. READ MORE

 

Florida Lawmakers Confront the Power of AI Political Ads Proposed legislation would require political ads created with artificial intelligence to include a disclaimer. Another bill would create a new avenue for people to sue for defamation if AI-generated content harms their reputation. READ MORE

 

From Passwords to Passwordless, Passwordless Authentication in the Public Sector [CONTENT PROVIDED BY KEEPER SECURITY ] Create a fully passwordless experience with passkeys, SSO and Biometrics (NO FORM REQUIRED) DOWNLOAD NOW

 

Gates Foundation Seeks (and Funds) New Strategies to Address Economic Mobility READ MORE

 

Hispanic Families Continue to Climb to Middle Class Increased education, the demand for service workers and an increased share of citizens within the Latino population are combining to boost incomes. READ MORE

 

Houston's New Mayor Will Take a More Conservative Approach READ MORE

 

How ChatGPT Could Help First Responders During a Disaster Researchers found that they could use generative AI to extract location data from tweets sent during Hurricane Harvey that would help first responders find exact locations for stranded residents. READ MORE

 

How Generative AI’s Growth Embodies the Laws of Technology From obscurity to peak hype: What can the rise of generative AI in 2023 tell us about laws named for Amara, Moore, Metcalf and Neven — and maybe even creation itself? 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

 

How Many Electric Buses Does Your City Have? (2023 Edition) All-electric buses are now operating in nearly every state in the nation, according to new data from the federal government. Use this tool to see which agencies are leading the electric bus charge. READ MORE

 

How the Gov Tech Industry Should Bring AI into Government — ICYMI Citibot founder Bratton Riley provides a CEO’s perspective on the proper integration of AI-powered solutions to make governments more accessible to the residents they serve. READ MORE

 

In Terms of Federalism, the Action’s in the States Our federalism expert makes predictions about climate and the culture wars and how states will take the lead in policy in 2024. He also owns up to what he got right — and wrong — over the past year. READ MORE

 

In the face of rising temperatures that are particularly hard on underserved communities, urban planners are increasingly turning toward expanding tree canopies and green spaces. READ MORE

 

Kansas Police Conduct Illegal Search and Seizure All the Time Law enforcement across the state have violated Fourth Amendment rights numerous times over the last decade. That has called into question the training and experience requirements for officers. READ MORE

 

Minnesota's Top Transit Agency Tries New Approaches to Public Safety 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

 

Momentum for Parents’ Bill of Rights in Washington State Supporters of a proposed ballot initiative have collected nearly 425,000 signatures. The measure would ensure parents have access to the materials their children are taught in K-12 classrooms. READ MORE

 

More Than Stenography: Exploring Court Record Options (Part 2)
Courts vary widely in their approaches to using electronic recordings of proceedings as well as on using digital reporters. Proponents of the profession say digital reporters can train up fast to ease strain from stenographic court reporter shortages. 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

 

Neighborhoods Near Amazon Warehouses Experience More Pollution Seattle neighborhoods within two miles of Amazon’s “last mile” facilities were exposed to twice as much traffic from trucks and other delivery vehicles than other communities, with a disproportionate impact on communities of color. READ MORE

 

New Jersey, Princeton University Partner to Establish AI Hub The state of New Jersey and Princeton University are the driving forces behind a newly announced artificial intelligence hub focused on responsible innovations and guidance in the space. READ MORE

 

New Policing Strategies and the Challenge of Implementation There’s not much research on how best to get a new program in place, but police chiefs who’ve been there have a lot of ideas about what to do — and what not to do. READ MORE

 

New Report Showcases Examples of Government Innovation Technology constantly revolutionizes how we live, work, learn and connect. What role will government play? [CONTENT PROVIDED BY KPMG] DOWNLOAD REPORT

 

Next Year, California Police Must Tell Drivers Why They’re Stopped Starting Jan. 1, police officers across the state will be required to tell drivers why they’ve been stopped before they can start asking questions. Agencies will be required to track whether officers are complying. READ MORE

 

NYC Schools Struggle to Regain COVID’s Lost Generation New York City schools have received more than $7 billion in federal aid to help students recover academically after the pandemic. But 36 percent of students were still “chronically” absent last year. Those in poverty were gone 45 percent of the year. READ MORE

 

Ohio Opens First Federally Funded EV Charging Station The station has enough power to charge four vehicles simultaneously up to 80 percent within 20 to 40 minutes and was funded through the $1.2 trillion infrastructure bill. It is just one of 27 planned across the state. READ MORE

 

Omaha Public Housing Residents Face Higher Risk of Eviction Omaha Housing Authority has filed more than 400 evictions this year, with 85 percent of those filings over debts allegedly owed to the agency. More than four-dozen filings involved debts of less than $300. READ MORE

 

One Year in, Arizona’s Universal School Vouchers Are a Cautionary Tale They’re a costly form of welfare for the wealthy that hurts rural and low-income students. They provide no educational accountability and lead to state-funded discrimination. 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

 

Pennsylvania’s High-End Police Academy Breaks Ground The law enforcement training facility will cost as much as $350 million. It will include 300 single-person dorms, an auditorium, gymnasiums, a firing range, a stable and more. Construction is expected to finish in 2028. READ MORE

 

Political Spending by Public-Sector Unions Is Deep Blue 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

 

Removal of snow is among the most important tasks of state and local governments. Newer mapping and other tools are helping officials better deploy plows even as public works departments face severe staffing shortages. READ MORE

 

Seattle to Phase Out Large Building Emissions by 2050 The city’s new law will apply to approximately 4,100 buildings that are 20,000 square feet or larger. These account for only 3 percent of all buildings in the city but produce over one-third of total building emissions. 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

 

Solar Power May Finally Be Coming to Low-Income Neighborhoods The Solar for All component of the IRA will use $7 billion of federal funds to pay for 60 solar energy projects in disadvantaged communities nationwide. Nearly all states have applied for the infrastructure grants. READ MORE

 

Some City Bus Drivers Aren’t All That Impressed With Tech Bus operators face a lot of challenges on the clock, but they say technology shouldn’t be one of them. From the reliability of newer electric buses to employee monitoring software, drivers weighed in on the demanding job. READ MORE

 

South Bend, Ind., Creates Specialized Digital Services Office The new office will broaden and restructure city service options for residents, while also building a collaborative team to meet government agency IT needs throughout the city. Its work begins officially in the new year. READ MORE

 

South Dakota City Focuses on Innovation With New Transit Provider Sioux Falls has selected a transit provider to operate its transportation service. The move promises to bring new innovations and efficiencies for transit users in South Dakota’s largest city. READ MORE

 

Texas Will Enter New Year Without Voter Crosscheck Program The state has not been able to find an adequate successor program after leaving ERIC in October. Texas officials are now considering how they might build their own voter roll cleaning system. READ MORE

 

This Is Business: North Dakota’s CIO on Transformation, the Road Ahead Kuldip Mohanty, who has been serving as the state’s CIO since February, is using his substantial private-sector experience to guide how NDIT serves its agency customers and constituents. READ MORE

 

Tools to Combat Voter Intimidation, from the 19th Century and Today READ MORE

 

Top 24 Security Predictions for 2024 (Part 1) Where next for cyber in 2024? Here’s your annual roundup of cybersecurity forecasts, top cyber trends and cybersecurity industry prediction reports as we head into calendar year 2024. READ MORE

 

Top of Mind: State Tech Leaders on the Trends of 2023 As Government Technology reflected on another year in the books, we asked state CIOs: What stood out for you in 2023? READ MORE

 

What's New in Digital Equity: Meet the 2023 Digital Inclusion Trailblazers Plus, a new dashboard compiles state-level rules on digital transformation, the American Library Association launches a new digital inclusion working group for library staffers, and more. READ MORE

 

When You’ve Been Gorging on Fossil Fuels, Fasting Doesn’t Come Easy Experts advocate for a “just transition” away from fossil fuels as communities across the U.S. plan for clean energy futures that, just as essentially, leave no one behind. READ MORE

 NYPPL's next postings will be dated December 26, 2023.

 

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

On December 21, 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

Town of Ballston – Water Fund Financial Operations (Saratoga County)
Officials did not provide adequate oversight of water fund operations. As a result, delinquent accounts were not accurately re-levied, and the town did not receive all of the revenue it was entitled to. Officials did not maintain an inventory or list of meters purchased and issued to track costs and ensure rates were applied consistently, and meters were accounted for. In addition, the water clerk inaccurately re-levied all 25 accounts reviewed because she included $3,784 that was not yet overdue. Also, officials did not reconcile water purchased or delivered with water used and could not account for water totaling $300,000. Lastly, to meet minimum purchase requirements, the town paid the Town of Glenville $135,000 for 38.5 million gallons of water it did not receive or use. Officials could have saved $90,000 of this cost by monitoring water flow.

 

Orleans/Niagara Board of Cooperative Educational Services (BOCES) – Capital Assets
BOCES’ capital asset records were not complete or accurate to ensure that assets were accounted for and protected from loss, theft, misuse and obsolescence. Auditors selected 94 capital assets purchased for $247,918 and identified one or more exceptions for 49 capital assets purchased for $115,351. Specifically: 27, purchased for $33,349, were not recorded in the capital asset records; 13, purchased for $22,099, were recorded with either an incorrect or missing location; and nine, purchased for $59,571, were recorded without a model or serial number. In addition, a wheel balancer and a portable video magnifier purchased for $4,769 could not be located. These discrepancies occurred because staff did not always follow BOCES’ capital asset inventory policy. BOCES officials also did not verify whether capital asset purchases were recorded in the records and did not investigate discrepancies and update the capital asset records when exceptions were found in the June 2022 fiscal year-end physical inventory.

 

Fairport Central School District – Payroll and Employee Benefits (Monroe County)
District officials generally paid the 33 employees tested accurately and properly calculated their leave accruals. However, one of the five employees that received a retirement incentive should not have been paid $2,000 because they retired prior to the end of the school year, a requirement for this incentive.

 

Cattaraugus-Allegany-Erie-Wyoming Board of Cooperative Educational Services (BOCES) – Capital Assets
BOCES’ capital asset records were incomplete and inaccurate. In addition, the BOCES’ purchasing agent was unfamiliar with the requirements of, and did not comply with, BOCES’ capital asset policies. As a result, the required annual inventories were not conducted, and we were unable to locate approximately $31,000 in capital assets, which included tablets, audio equipment, tools, data storage devices and a gaming console. Auditors reviewed capital asset records for 150 assets with a historical recorded cost totaling approximately $149,000 and identified one or more pieces of required information was incorrect or missing from BOCES’ records. Examples of the discrepancies included: 130 assets totaling approximately $133,000 did not have their current value, salvage value or replacement cost recorded; 76 assets totaling approximately $88,000 did not identify the employee to whom the assets were issued; and eight assets totaling approximately $24,000 did not have a recorded serial or identification number.

 

Fire Island Union Free School District – Claims Auditing (Suffolk County)
The board did not properly audit claims before payment. As a result, there was an increased risk that improper or unsupported payments could have been made and may not have been detected and corrected. The board did not develop and adhere to adequate guidance on performing its claims audit duties. Of the 198 claims totaling $258,969 auditors reviewed; 51 claims totaling $82,743 could not be properly audited due to one or more of the following; 17 claims totaling $59,992 contained 53 confirming purchase orders (issued after goods or services were received), which prevented the board’s approval and price verification; and 31 claims totaling $20,714 were missing 28 requestor copies of purchase orders and signatures on another five requestor copies, which prevented the board from ensuring that the business office had authorized payment for the goods and services received. Ten claims totaling $10,980 were missing the audit checklist required by district procedure to verify that all supporting documentation was available for audit of the claim.

 

Herkimer County – Court and Trust Funds
While the treasurer filed an annual report with the Office of the State Comptroller showing court and trust fund activity for 2022, including beginning balances, receipts, payments and ending balances totaling $50,700, the treasurer did not file an annual report for activity in 2021. In addition, the county’s depository did not pay any interest on the court and trust funds or provide the treasurer and the Comptroller’s Office with an annual certificate of cash balances, along with other information, as required by state rules.

 

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Summary of a California decision concerning a "leafletting campaign" by a labor union representing nurses and healthcare workers posted on the Internet by Justia

Palomar Health v. Nat. Nurses United

Docket: D080962 (Fourth Appellate District [State of California])

Opinion Date: December 18, 2023

Areas of Law: Government & Administrative Law, Labor and Employment Law

Posted by on the Internet by Justia.

This case is a labor dispute between Palomar Health, a public healthcare district, and unions representing nurses and healthcare workers employed by Palomar Health. 

In 2021, during negotiations to renew their collective bargaining agreements, union organizers began a leafletting campaign outside Palomar Health’s main hospital and sought to meet with employees inside the hospital. Palomar Health responded by filing a complaint for trespass and unlawful picketing in San Diego Superior Court, seeking to ban the organizers from their facilities. 

The unions filed an unfair practice charge with the [State of California's] Public Employment Relations Board (PERB), asserting Palomar Health’s attempts to ban their representatives and the civil lawsuit violated the unions’ rights under the [State of California's] Meyers-Milias-Brown Act.

The trial court overruled the unions’ demurrer and denied their motion to strike, maintaining jurisdiction of the state law claims. On appeal, the unions argued that the trial court lacked jurisdiction over the dispute as their activities were arguably protected by the [State of California's] Meyers-Milias-Brown Act and that jurisdiction fell exclusively under PERB. 

The Court of Appeal, Fourth Appellate District Division One State of California, agreed with the unions, finding that Palomar Health’s claims were preempted and therefore, the trial court lacked jurisdiction over the dispute. The trial court’s order overruling the demurrer was reversed and the matter was remanded with directions to enter an order sustaining the demurrer without leave to amend, and to dismiss the case on the grounds that it is subject to the exclusive jurisdiction of PERB.

Click here to Read Opinion.

 

Handbooks focusing on New York Public Personnel Law

NYPPL e-books concerning laws, rules, regulations, policies, provisions in collective bargaining agreements and court and administrative decisions addressing the employment of individuals in the public service of New York State and its political subdivisions published by BookLocker, Inc.

 

The Discipline Book, - A concise guide to disciplinary actions involving public employees in New York State and its political subdivisions set out in an e-book. For more information and access to a free excerpt from this e-book, click here: http://booklocker.com/books/5215.html

 

A Reasonable Disciplinary Penalty Under the Circumstances - an e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/7401.html

 

The Layoff, Preferred List and Reinstatement Manual - an e-book reviewing the relevant New York State laws, rules and regulations, and selected court and administrative decisions. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/5216.html

 

Disability Benefits for New York State and municipal public sector personnel - an e-book focusing on administering the Retirement and Social Security Law, the General Municipal Law Sections 207-a/207-c and similar laws providing disability benefits to employees of the State of New York and its political subdivisions. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/3916.html

 

Documents that are prepared within the meaning of the attorney-client privilege are exempt from disclosure pursuant to New York State's Freedom of Information Law

The Court of Appeals [Court] said that in this appeal it "must determine whether the Department of Corrections and Community Supervision [DOCCS] properly withheld 11 documents* prepared by counsel [Counsel] for the Board of Parole [Board] as privileged communications exempt from Freedom of Information Law [FOIL] disclosure.

The Court indicated that Counsel had prepared the documents to train and advise members of the Board on how to comply with their legal duties and obligations and reflected Counsel's legal analysis of statutory, regulatory and decisional law. The Court concluded that the 11 documents at issue "constitute attorney-client communications that were prepared 'for the purpose of facilitating the rendition of legal advice or services, in the course of a professional relationship,' specifically, to provide guidance on matters relevant to the Commissioners' exercise of their discretionary authority."

Accordingly, opined the Court, "DOCCS properly invoked the statutory FOIL exemption for privileged matters", citing Public Officers Law §87[2][a] and CPLR §4503[a].

Following an in-camera review Supreme Court had earlier affirmed DOCCS' denial of disclosure of the 11 documents that were withheld and dismissed the petition.* 

The Appellate Division affirmed the Supreme Court's ruling in a 3-2 decision, concluding that the documents were protected by the attorney-client privilege**. 

The Court affirmed the lower courts' rulings.

Citing Public Officers Law §87[2][a] and Matter of Town of Waterford v New York State Dept. of Envtl. Conservation, 18 NY3d 652, the Court said that under New York State's FOIL, "documents are to be disclosed unless they fall within an enumerated statutory exemption" and, in the words of the Court, "the attorney-client privilege exemption also reflects the state's policy to protect attorney-client communications to foster candid discussion between lawyer and client*** and FOIL is "liberally construed and its exemptions narrowly interpreted" to achieve its legislative purpose of maximizing public access to government records." In addition, the Court, citing Matter of Town of Waterford, 18 NY3d at 657, indicated that the Government "bears the burden of establishing an exemption."

In sum, the Court held "DOCCS properly withheld the 11 documents relevant in this action as privileged communications because they are exempted from FOIL disclosure pursuant to §87(2)(a)" and "the order of the Appellate Division should be affirmed, with costs."

* During the pendency of this action, the Court of Appeals noted that the parties entered a settlement pursuant to which DOCCS disclosed approximately 400 additional documents, leaving undisclosed the 11 documents at issue in this appeal.

** The Court's decision notes "In order for the privilege to apply, the communication from attorney to client must be made 'for the purpose of facilitating the rendition of legal advice or services, in the course of a professional relationship'" and "[t]he communication itself must be primarily or predominantly of a legal character" (See Spectrum Sys. Intl. Corp. v Chem Bank, 78 NY2d 371, 377-378, quoting Rossi, 73 NY2d at 593-594).

*** Other examples of such statutory exemptions: Education Law, §1127 - Confidentiality of records; §33.13, Mental Hygiene Law - Clinical records; confidentiality.

Click HERE to access the decision of the Court of Appeals posted on the Internet.