Selected links to items focusing on government operations posted on the Internet during the week ending April 19, 2024

 Click on the text in color to access the item posted on the Internet.

 

[Free Webinar] Connecting the Dots Between Your Strategic Plan and Your Budget A strategic plan is critical to help communities forward—but strategic action often falls flat. On April 30th, explore how connecting your budget with your plans helps drive strategic action. REGISTER NOW

 

70,000 Fewer Texas High School Students Applied for Federal Financial Aid The lower number in completed applications for aid has education advocates worried about a smaller fall enrollment this year. An overhaul of the form has caused delays and setbacks across the country. READ MORE

 

A Comeback on Housing for New York’s Governor? Gov. Kathy Hochul says she and lawmakers have a “conceptual agreement” that includes both tax breaks for developers and some new tenant protections. She failed to win approval of an ambitious housing package last year. READ MORE

 

A Digital Ads Tax Would Devastate Small Businesses Like Mine Affordable online advertisements are critical for thousands of brick-and-mortar businesses that need to reach out to national customers to survive. A Nebraska proposal and similar federal legislation would be a serious blow. READ MORE

 

Addressing America’s Housing Crisis: Lessons from Denmark Other countries have dealt with similar challenges in different ways. The Danish model has some elements state and local governments in the U.S. could adapt. READ MORE

 

ALPR Audit Takeaways: What We Learned About Policy Gaps As the use of automatic license plate readers grows, Government Technology reviewed public safety agencies’ audits and policies to determine progress. READ MORE

 

April is National Financial Literacy Month. New York Slate Comptroller Thomas P. DiNapoli and New York State Education Commissioner Dr. Betty Rosa advocate teaching financial literacy in high schools to better prepare students for making important financial decisions in the future.  Read more

 

ASU+GSV 2024: K-12 Leaders Endorse Experiments With GenAI
Education leaders from across the U.S. led a webinar at the annual ASU+GSV Summit on Monday to explain how school districts have started to embrace generative AI, worrying less about cheating and more about learning. READ MORE

 

Bridging Communication Gaps in Civic Infrastructure Projects
From roads to bridges to drainage systems, a successful civic infrastructure project requires communication among all stakeholders. But communication challenges can arise throughout the life cycle of any infrastructure asset. READ MORE

 

Broadband Availability Relatively High in U.S., but Gaps Remain A new report by the Vernonburg Group finds access to broadband is not generally inhibited by demographic factors — but instead others like location and type of land. READ MORE

 

Build AI Apps with Low Code Empower anyone in your organization – from developers to decision-makers – to rapidly build AI solutions that increase productivity, agility, accessibility, and automation. Build Apps with AI

 

California Can’t Curb Homelessness? Look What Texas Cities Have Done.
Cities there and in other states are building more housing of all types. They’re approaching housing on a regional basis. And there are other steps California could be taking to prevent homelessness. READ MORE

 

California Faces a Crisis Over Lack of Court Recorders Last year, 332,000 hearings occurred without a court reporter or an electronic recording device in Los Angeles County Superior Court alone. Without a verbatim recording of what happened, defendants struggle to protect their rights. READ MORE

 

California’s Debt Continues to Grow After borrowing billions from the federal government to pay for unemployment during the pandemic, the state’s debt now stands at about $21 billion and growing. The state also currently accounts for about 20 percent of the nation’s unemployment. READ MORE

 

Camille Stewart Gloster Leaves Federal Cyber Role Stewart Gloster departs the Office of the National Cyber Director after two years serving as the deputy national cyber director for technology and ecosystem security. READ MORE

 

Chicago Separation from Illinois Referendum Reaches Ballot
In November, Madison County voters will be asked whether Cook County, which includes Chicago, should separate and form a new state. Madison County has a history of proposing non-binding referendums. READ MORE

 

Civics and Science: Contemporary Issues for Civil Democracy Dr. Robert A. Michaels' new book focuses on contemporary issues of critical importance to American democracy exploring the nexus between civics and science, identifying contemporary issues of critical importance for American democracy. For more information click HERE.

 

Colorado DMV Focuses on Accessibility, 'Omnichannel Experience' Officials have leveraged digital and mobile tools to make services more widely accessible to Coloradans regardless of location. Simultaneously, they are upgrading their IT infrastructure to more modern tools. READ MORE

 

Columbia, S.C., May Use AI on Garbage Trucks to Enforce Codes The technology works by using cameras to take pictures of the houses along garbage truck routes, and artificial intelligence is then used to analyze the pictures and detect code violations. READ MORE

 

Connecticut Bill Asks State to Choose AI Tool for Schools A proposed piece of legislation would have the Connecticut State Department of Education select an AI tool for educators and students to use, and create a professional learning program to teach them how to use it. READ MORE

 

Cyber Storm. Federal government will revise the National Cyber Incident Response Plan after testing it in mock response to a simulated major cyber incident on critical infrastructure, Federal News Network reports.

 

Deciphering Metrics: From NCAA Women’s Basketball to Cyber Trends Iowa’s Caitlin Clark clearly propelled NCAA women’s basketball viewership. But what do past numbers teach us about future expectations — in both basketball and cyber metrics? READ MORE

 

Eastern Cooke County, Texas, Will Get Fiber-Optic Broadband A pact between the county and Internet service provider Nortex will extend high-speed Internet to residents in the underserved communities of Callisburg, Woodbine and Oakridge. The network is slated to come online in late 2025. READ MORE

 

Economic Fallout from Baltimore’s Bridge Collapse Hits Home Maryland legislators are taking steps to protect workers and businesses affected by the port and highway closure. There are broader, indirect effects, however, that are creating additional uncertainty. READ MORE

 

Ed-Tech Development Evolves to Address Risks of AI As schools and universities make more use of artificial intelligence-driven tools, some ed-tech developers are seeking input from educators and implementing policies related to ethical use and data privacy. READ MORE

 

Education Sector in Constant State of Flux, Driven by AI Ed tech has been in a constant state of upheaval since 2020, first because of remote learning and now artificial intelligence. These technologies aren't going away, but they're also not solving all of education's problems. READ MORE

 

Empower Everyone in Your Organization with AI Low code can help democratize the development of AI solutions and bolster productivity across government sectors. Learn 5 ways CIOs can use AI and Low Code

 

Federal Dollars Seek to Reverse Decline in Head Start Enrollment
Last month, Washington increased funding for the preschool program by $275 million. Additional money for salaries may help address workforce shortages that have led to a steep decline in enrollment. READ MORE

 

Federal funding is complex. We make managing it smarter. The KPMG Smart Grants Platform suite is helping governments transform grants management for better outcomes. EXPLORE MORE

 

Fighting Every Wildfire Makes Big Fires More Extreme It also may harm forests’ ability to adapt to climate change and affect the way plants and animals interact with fire. READ MORE

 

Firefighter Numbers Continue to Shrink as Calls Increase Firefighter staffing shortages come in contrast to the increased amount of work on their plates. Calls now range from wildland fires to motor vehicle accidents to medical problems that would never have prompted a call years ago. READ MORE

 

Florida COVID Deaths at Nearly 2,300 Already This Year Only about 16 percent of Florida adults are up to date on their COVID-19 vaccines, compared to 23 percent nationally. Experts urge the elderly, who make up 91 percent of deaths in the state, to get vaccinated. READ MORE

 

Former Educator, Tech Leader Is Raleigh, N.C.’s New CISO Raleigh has hired Marina Kelly to lead its cybersecurity efforts as CISO. Her executive-level experience includes time at North Carolina State University, where she was an IT manager in its Office of IT. READ MORE

 

Four Stages of Communications for a Successful Government Customer Experience This guide outlines four critical communication stages that best enable government to communicate with customers and improve outreach, enrollment and engagement around public services. DOWNLOAD

 

From Nation’s Capital, Opexus Looks to Grow State, Local Business
The company rebranded and moved to Washington, D.C., last year to be closer to federal customers. But, as its CEO explains, non-federal markets remain important to the firm’s growth. READ MORE

 

Go Modular: How a Stackable Strategy Helps Governments Modernize Business Systems To optimize business systems and deliver value to taxpayers, governments should focus on a modular strategy that allows them to stack solutions and applications that work together seamlessly — without having to overhaul all their business systems at once. READ MORE

 

Google Will Remove Links to California News Sites The tech giant’s announcement is pushback against pending legislation that would require companies such as Google to pay a “journalism usage fee” when they sell ads next to new content. READ MORE

 

High Schoolers Train to Become EMTs Amid Shortage Public schools in Chicopee, Mass., are working with a local ambulance company to train students. They can be qualified as emergency medical techs by the time they graduate. READ MORE

 

How Inclusive Content Can Increase Resident Engagement Local government websites should be resident engagement tools, not digital brochures or org charts. We use intuitive navigation, smart search, and more for optimal self-service. DOWNLOAD NOW

 

How to Protect Water Systems Against Cyber Attack Recent events highlight the fact that water systems are targets for cyber attacks. There are ways of strengthening defenses at little to no cost, but more needs to be done to implement them. READ MORE

 

How to Tackle Cyber Crime Ecosystems, Teen Extortionists At an event held by the Institute for Security and Technology, experts discussed why simply arresting ransomware developers isn’t enough to effectively combat this cybersecurity problem. READ MORE

 

Insights for Faster Incident Response Transit agencies are flooded with real-time data from social media feeds, sensor alerts and more. Event detection platforms help them find the most relevant information and take action. DOWNLOAD

 

Keeping First Responders Safe: The Latest Tools and Strategies This paper from Verizon details how network upgrades, additional data and artificial intelligence applications are set to change how agencies respond to emergencies and keep first responders safe. DOWNLOAD

 

L.A. County to Be Net Zero by 2045 Under Updated Climate Plan The County Board of Supervisors unanimously approved a new climate action plan on Tuesday that will set updated standards for phasing out oil and gas production, construction of zero-carbon buildings and reducing driving trips. READ MORE

 

Lack of ITIL and Automation Remain Public-Sector Challenges A study found public-sector IT struggles with automation and ITIL. Learn how to tackle these challenges and gain insights into what other public-sector IT leaders are doing to solve these problems. READ MORE

 

Lawmakers advanced data privacy legislation that supporters say would be unique in the U.S. in protecting individual privacy and limiting the type of digital information companies can collect and maintain. READ MORE

 

Local Officials in Michigan Team for Election Security Prep Sponsored by the Michigan Secretary of State's Office, the closed-session event took place at the Michigan Works office in Traverse City, with more sessions planned elsewhere in the coming weeks. READ MORE

 

Many Migrant Children Evicted from Shelters Also Left School Almost 700 children who were evicted from New York City’s migrant shelters on Jan. 9 are no longer enrolled in the city’s school system. Many educators are worried about how this will impact those students’ futures. READ MORE

 

Medicaid, SNAP Could Become Key Cyber Attack Targets A new report predicts cyber attackers may increasingly target federal services that support residents’ basic needs, aiming to disrupt U.S. society, spark panic and foment distrust in government. READ MORE

 

Modernizing Spaces for a Hybrid Workforce Wake County, the largest county in North Carolina at over 1 million residents, is home to North Carolina State University as well as Raleigh, the state capital. The county is known for its innovative spirit and has been modernizing to meet the increasing demand for remote work. The county recognized the need for a more seamless approach to collaboration between its in-office and remote teams. DOWNLOAD

 

New Mexico Laboratory Unveils Supercomputer to Advance AI Los Alamos National Laboratory has unveiled its newest supercomputer, which officials say will accelerate how they integrate artificial intelligence into both national security work and scientific research. READ MORE

 

New Ransomware Actor Threatens Change Healthcare Change Healthcare has reportedly already paid off one set of cyber attackers, but now a second group is claiming that it has stolen data, too. READ MORE

 

New Vermont CISO Has Extensive Federal, Private-Sector Resume John Toney, the new chief information security officer for the state of Vermont, replaces Scott Carbee, who stepped down in August to join the University of Vermont as ISO. Toney spent more than a decade at the U.S. Secret Service. READ MORE

 

Nine Website Design Techniques to Help Residents Find Information in Two Clicks CivicPlus's 2-click concept to and build trust within your community by ensuring they can find the information they need in the most efficient way possible. DOWNLOAD NOW

 

North Dakota Initiative to Offer Cybersecurity for Hospitals The North Dakota Hospital Association is working with a cybersecurity company and an insurance firm to offer affordable services to hospitals and health-care organizations statewide. It comes as cyber attacks on health-care groups are rising. READ MORE

 

One City's Quest to Rein in Reckless Driving City and state leaders in the Milwaukee area are addressing a spike in reckless driving in a variety of ways, from increasing penalties to redesigning streets. The city has a goal of eliminating traffic deaths by 2037. READ MORE

 

Pharmacists' Crucial Role in Getting Vaccines into Arms Pharmacists are convenient, accessible and trusted. Improving reimbursements and making permanent the authority they were given for the pandemic will increase immunization rates and save lives. READ MORE

 

Piercing the Veil on the Obscure and Powerful Politicians Who Set the Rates for What Floridians Pay for Energy The five members of Florida’s Public Service Commission have great sway over what sources energy utilities use to generate electricity and how much Floridians must pay for their power. READ MORE

 

Public Health's Strategy to Protect Against Bird Flu Detection of avian flu in dairy cows and one sick worker don’t add up to imminent danger for lots of people. But public health officials say the threat shouldn't be taken lightly. READ MORE

 

Public Safety Firm Versaterm Buys ICS, Expanding ‘Ecosystem’ The Canada-based gov tech supplier has acquired a company that sells CAD, RMS and other tools for first responders and public safety agencies. Versaterm’s CEO explains the thinking behind his company’s latest deal. READ MORE

 

Resisting the Campaign for Safer Streets Reducing traffic deaths is a compelling proposition, but it gets complicated when trying to make it so. READ MORE

 

Robots Step in Amid Rising Labor Costs and Worker Shortages Manufacturing companies are frequently turning to robotics in response to labor shortages, increased strike risks and the need for flexibility with the transition to electric vehicles. READ MORE

 

Scooters Cluttering the Sidewalk? Corral Them New research from the Urbanism Next Center shows e-scooter parking areas need to be spaced within a few hundred meters of each other to see the highest use and to help declutter sidewalks. READ MORE

 

Smart Cities and Cybersecurity: Protecting Citizens from Malicious Attacks Smart cities and cybersecurity are inseparable. When you start integrating the Internet of Things with infrastructure, a city cyber attack is, unfortunately, inevitable. But that doesn't mean it has to be successful. READ MORE

 

SoCal Commuter Rail System Gets $1.3M for AI-Powered Security The Metrolink network, which connects six Southern California counties, has received $1.3 million from the U.S. Department of Transportation. Its mission: to develop security with artificial intelligence to detect hazards on tracks. READ MORE

 

Stanford Report Compares AI to Human Intelligence The report shows just how much the possibilities of AI, and very real worries, have come to the fore since OpenAI launched its ChatGPT chatbot that sent the artificial intelligence industry into overdrive. READ MORE

 

Taking EMS Challenges to Capitol Hill This briefing from Verizon offers updates on key legislation, policy news and advocacy initiatives that seek to improve the delivery of prehospital care. DOWNLOAD

 

Texas to Implement New Teacher Residency Program The state hopes that the training program will better prepare teachers with real classroom experience — and improve recruitment and retainment. Roughly one in three teachers hired in Texas in the 2024 academic year were uncertified. READ MORE

 

The Next-Gen Emergency Vehicle Preemption technology provides first responders the ability to alter traffic lights on a complete route to an event, not just one light at a time. READ MORE

 

The Obsolete Zoning Laws That Leave Downtowns Stagnant Seattle’s mayor wants to revive the city center by opening much of it to businesses that have long been forbidden. It’s a move toward more lenient zoning that has been gathering steam in other places. READ MORE

 

The States Where Pro-Growth Policies Rule Federal tax cuts may be in jeopardy, but some states are reducing the tax burdens on their citizens and businesses. It’s not surprising that millions are moving to states with robust free-market policies — and leaving those that don’t have them. READ MORE

 

The Surprising Political Difficulty of Promoting Infrastructure Safety For politicians, there are lots of incentives in favor of new construction projects but not much for maintenance. That can lead to deadly results, as the bridge collapse in Baltimore demonstrated. READ MORE

 

Tuscaloosa, Ala., Is Among the Worst Cities for Fraud The Alabama city leads the nation with a 235.3 percent increase in reported fraud cases between 2019 and 2023. The city also has 296.6 cases of reported credit card fraud per 100,000 residents. READ MORE

 

University of Arizona Will Add AI Degree Program The university will add two academic programs, artificial intelligence and neuroscience, and revise one for fall 2024, pending approval by the state Board of Regents. READ MORE

 

Unlike many competitors, ChargerHelp trains workers for network operations and field repair, with a focus on people and communities long overlooked during earlier periods of technological change. READ MORE

 

Using AI to Get the Most Out of Your Data This whitepaper details how organizations can use AI to make better use of data. DOWNLOAD

 

Virginia Governor’s Adviser Named Chief Transformation Officer Longtime business leader Robert Ward, senior adviser to Virginia Gov. Glenn Youngkin since 2023, has been appointed to help state officials in realizing change and modernization. READ MORE

 

Wake County, the largest county in North Carolina at over 1 million residents, is home to North Carolina State University as well as Raleigh, the state capital. The county is known for its innovative spirit and has been modernizing to meet the increasing demand for remote work. The county recognized the need for a more seamless approach to collaboration between its in-office and remote teams.
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Webinar: K-12 Schools Move to Cloud to Enhance Data Security At an Education Week webinar, panelists from the cloud software provider Softdocs said schools can enhance data security by moving away from on-premise data management and using third-party cybersecurity expertise. READ MORE

 

Website Wellness: Strategies & Tool Selection This fact sheet from CivicPlus covers different approaches for addressing website challenges and how to select the most suitable tools for optimal website health. DOWNLOAD

 

Audits of certain New York State Departments and Agencies and political subdivisions of the State released

On April 18, 2024 New York State Comptroller Thomas P. DiNapoli announced the following audits of State Departments, Agencies and political subdivision of the State were issued.

Click on the text in color to access the full report posted on the Internet.

 

New York City Department of Small Business Services – Selected Programs to Assist Businesses in New York City (2022-N-1)  

The New York City Department of Small Business Services (SBS) is tasked with helping businesses throughout New York City start, operate, and expand. SBS programs, including the Energy Cost Savings Program, the Business Preparedness and Resiliency Program, and a program to assist small businesses by providing the services of Compliance Advisors and Small Business Advocates, each offer a different service to provide small businesses with support across the business life cycle. Auditors found that SBS needs to improve monitoring of businesses’ continued eligibility for program benefits.

 

 

Department of Health – Medicaid Program – Oversight of Managed Long-Term Care Member Eligibility (Follow-Up) (2023-F-29)  

Many of the State’s Medicaid recipients are enrolled in managed long-term care (MLTC) plans, which provide long-term care services for people who are chronically ill or disabled. To be eligible for MLTC enrollment, individuals must be assessed as needing community-based long-term care (CBLTC) for more than 120 days. A prior audit, issued in August 2022, identified $701 million in improper Medicaid MLTC premiums on behalf of 52,397 recipients who were no longer eligible for MLTC and Medicaid paid $2.8 billion in MLTC premium payments on behalf of 51,947 recipients who received a limited number of CBLTC services, and DOH did not have a process to monitor that enrollees were properly assessed or had access to the care they needed. The follow-up found that less than 5% of the $701 million in improper MLTC payments had been recovered and DOH still needed to develop a process to identify and monitor ineligible enrollees in between assessments. Of the initial report’s four audit recommendations, one was implemented, two were partially implemented, and one was not implemented.

 

 

State Education Department (Preschool Special Education Audit Initiative) – Positive Beginnings, Inc. – Compliance With the Reimbursable Cost Manual (2022-S-45)  

Positive Beginnings, a New York City-based proprietary organization, is approved by the State Education Department (SED) to provide full-day and half-day Special Class programs to children with disabilities who are between the ages of three and five years. For the three fiscal years ended June 30, 2020, Positive Beginnings reported approximately $32.1 million in reimbursable costs for the SED preschool cost-based programs. Auditors identified $663,830 in reported costs that did not comply with requirements.

 

 

Department of Environmental Conservation – Oversight and Enforcement of the Rechargeable Battery Law (Follow-Up) (2023-F-35)

The Rechargeable Battery Law (Law), effective in December 2010, was enacted to reduce rechargeable batteries’ impact on the environment. The Call2Recycle (C2R) rechargeable battery program existed prior to the Law’s implementation and still carries out much of the recycling of rechargeable batteries in the State. Retailers of rechargeable batteries are required to accept used rechargeable batteries from consumers, maintain collection receptacles, and post signage informing consumers that they can return their used rechargeable batteries to the retail location for recycling and that they are prohibited from knowingly disposing of such batteries as solid waste. A prior audit, issued in June 2022, found the Department of Environmental Conservation (DEC) was not effectively monitoring manufacturer or retailer compliance with the Law, identifying that retailers were missing required signage and potentially covered retailers were not enrolled with C2R and did not have collection receptacles. DEC officials have made significant progress in addressing the problems identified in the initial audit report, implementing one of the two audit recommendations and partially implementing the other.

 

 

Department of Health – Medicaid Program – Improper Overlapping Medicaid and Essential Plan Enrollments (Follow-Up) (2023-F-40)

The Department of Health (DOH) administers the State’s Medicaid program and the Essential Plan, which provides health insurance to lower-income people who, generally, don’t qualify for Medicaid. A prior audit, issued in October 2022, identified $36.5 million in Medicaid payments and $16.2 million in Essential Plan payments on behalf of 4,422 recipients with the same Social Security number; and additional payments totaling $3.8 million by Medicaid and $2.2 million by the Essential Plan on behalf of 603 recipients who had other matching demographic data when Social Security numbers were not available, such as name, date of birth, and gender. Furthermore, DOH did not have a process to detect and correct these improper duplicative enrollments, nor did it have a process to recover improper payments caused by the overlapping enrollments. DOH officials made some progress in addressing the problems identified in the initial audit report; however, additional actions are needed. Of the initial report’s three audit recommendations, two were partially implemented and one was not implemented.

 

 

State Education Department (Preschool Special Education Audit Initiative) – NYSARC, Inc. - Rockland County Chapter – Compliance With the Reimbursable Cost Manual (2022-S-50)

NYSARC, Inc. - Rockland County Chapter (NYSARC Rockland), a not-for-profit special education provider located in Valley Cottage, is approved by the State Education Department (SED) to provide Preschool Non-Integrated education services to children with disabilities between the ages of 3 and 5 years. For the fiscal year ended June 30, 2021, NYSARC Rockland reported more than $2.3 million in reimbursable costs for the SED preschool cost-based program. Auditors identified $189,182 in reported costs that did not comply with requirements.

 

 

Department of Health – Oversight of Registration, Licensing, and Inspection of Radioactive Materials Facilities and Radiation Equipment Facilities (Follow-Up) (2023-F-28)

The Department of Health (DOH) is responsible for the supervision and regulation of radiation and radioactive materials in New York State, outside of New York City. DOH duties include licensing and inspecting approximately 1,100 radioactive materials facilities (RAM facilities), as well as registering and inspecting approximately 9,900 radiation equipment facilities that use diagnostic, mammography, and stereotactic equipment. A prior audit, issued in September 2021, found that DOH completed 94% of RAM facility inspections on time, but 44% of those inspections were completed beyond the established 1- to 5-year inspection time frames by relying on a buffer that was intended to allow for more flexibility and logical extensions to the inspection intervals, such as for staff time and travel. DOH made some progress in addressing the problems identified in the initial audit report; however, more work needs to be done. Of the initial report’s four recommendations, one was implemented, one was partially implemented, and two were not implemented.

 

 

New York City Department for the Aging – Oversight of the Home Delivered Meals Program (Follow-Up) (2023-F-25)

The New York City Department for the Aging (DFTA) created the Home Delivered Meals program to maintain or improve the nutritional status of seniors who are unable to prepare meals. A prior audit, issued in January 2022, found DFTA did not ensure that its contracted providers always delivered quality, safe, nutritious meals in a timely manner to the City’s seniors and could not demonstrate that it addressed all program complaints. Moreover, DFTA did not ensure providers were paid only for meals that were actually delivered and allowed a 3% difference between the number of meals for which providers were paid compared to the number actually delivered. DFTA made some progress in addressing the problems identified in the initial audit report. Of the initial report’s 12 audit recommendations, three were implemented, five were partially implemented, and four were not implemented.

 

 

Homes and Community Renewal – Housing Trust Fund Corporation – Internal Controls and Maximization of Federal Funding for CDBG and HOME (Follow-Up) (2023-F-42)

Within Homes and Community Renewal (HCR), the Housing Trust Fund Corporation’s Office of Community Renewal receives federal funding from the U.S. Department of Housing and Urban Development (HUD) to administer the Community Development Block Grant (CDBG) program and HOME Investment Partnerships Program (HOME). Both programs provide funding to expand the supply of decent, safe, and affordable housing, principally for low- and moderate-income households across the State. A prior audit, issued in September 2022, found that HCR could improve the timely release of federal funds, especially regarding the CDBG COVID-19 (CDBG-CV) relief aid funded grants. As of June 2022—more than 2 years after the start of the pandemic—HCR had obligated only about $98 million of the $127 million in CDBG-CV grants and expended less than $5 million. HCR officials made progress in addressing the issues identified in the initial audit report, implementing both recommendations.

 

 

Department of Labor – Overlap, Duplication, Gaps, and/or Fragmentation of Workforce Development Programs and Services (Follow-Up) (2023-F-36)

The Department of Labor (DOL) is the lead State agency for New York’s Workforce Development System (System), which includes a State Workforce Investment Board (SWIB) and other State-level and local and contracted providers that have roles in coordinating or providing programs and services that address current and emerging workforce needs. A prior audit, issued in May 2022, identified weaknesses in the System that left DOL inadequately positioned to address the State’s workforce needs. For instance, the SWIB had been inactive since 2017, contributing to a delay in obtaining federal approval for its required 2020 plan describing its workforce development strategy. Further, DOL failed to update the Catalogue of Funding programs (which provides information about eligibility and funding) since August 2019. DOL officials made significant progress in addressing the problems identified in the initial audit report, fully implementing four of the five audit recommendations and partially implementing the remaining one.

 

 

New York City Department of Transportation – Oversight of Selected Aspects of Traffic Controls (Follow-Up) (2023-F-22)

The New York City Department of Transportation (DOT) is responsible for the operation and condition of its streets, highways, sidewalks, signalized intersections, and street lights. This responsibility includes conducting traffic control studies at intersections; approving traffic controls; and overseeing the design, construction, timing, and maintenance of traffic control devices. A prior audit, issued in September 2020, found that DOT monitored traffic flow at intersections but did not address customer concerns in a timely manner. DOT officials made some progress in addressing the issues identified in the initial report. Of the initial report’s 11 recommendations, five were implemented, four were partially implemented, and two were not implemented.

 

 

Division of Criminal Justice Services – Motor Vehicle Theft and Insurance Fraud Prevention Program (2022-M-2)

Motor Vehicle Theft and Insurance Fraud (MVTIF) has a substantial impact on motor vehicle insurance rates in New York State. The MVTIF Prevention Demonstration Program (Program), is intended to provide an integrated means to prevent, deter, and reduce the incidence of these crimes by developing and providing funding for programs that support specialized law enforcement units and prosecutors. Auditors found persisting gaps in Program governance throughout the 4-year audit period that hindered the Division of Criminal Justice Services’ (DCJS) ability to conduct Program business. These gaps contributed to DCJS’ continued reliance on extending contract award amounts that were decided based on non-current crime statistics. Auditors also found Program costs that lacked adequate support or were incorrectly charged to the Program.

 

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Movement of employees serving in positions in New York State Agencies and Departments and employees serving in positions in the Division of State Police.

The Department of Civil Service has published General Information Bulletin 24-01, Memorandum of Understanding Agreement – Movement between New York State Agencies and Departments and Civilian Positions at the Division of State Police.

Text of General Information Bulletin 24-01 is posted on the Internet at https://www.cs.ny.gov/ssd/Manuals/SPMM/GIBS/GIB24-01.cfm.

The Department also offers a version in PDF format at https://www.cs.ny.gov/ssd/pdf/GIB24-01.pdf.

To view General Information Bulletins issued earlier by the Department of Civil Service, visit https://www.cs.ny.gov/ssd/gibs.cfm

 

Appellate Division affirms Supreme Court's vacating an arbitration decision and award issued by a Hearing Officer

Supreme Court granted the Board of Education of the City School District of the City of New York's [BOE] petition to vacate an arbitration decision and award issued by the Hearing Officer. The Appellate Division unanimously affirmed the Supreme Court's ruling.

BOE had filed disciplinary charges against a tenured social worker [Employee] at the Department of Education pursuant to §3020-a of the Education Law "following investigations into allegations that [Employee] had inappropriately touched his then-girlfriend's daughter (Student A) on multiple occasions between 2012 and 2014, beginning when she was 12 years old."

At Employee's §3020-a disciplinary hearing, BOE called a number of witnesses and submitted an order of fact-finding and disposition issued by Family Court, which, among other things, found Employee guilty of sexually abusing Student A and ordered him to complete a sex offender program. 

The Hearing Officer dismissed all seven specifications filed against Employee, finding that the evidence did not support BOE's charges against him. BOE  initiated a CPLR Article 75 proceeding challenging Hearing Officer's decision.

Citing Matter of Asch v New York City Bd./Dept. of Educ., 104 AD3d 415, the Appellate Division opined that Supreme Court "properly vacated the Hearing Officer's award, as it was not rational or supported by adequate evidence." 

The Appellate Division's decision notes that the Hearing Officer's finding "that Student A's failure to testify at the hearing violated [Employee's] due process rights is erroneous", explaining that due process "requires only that [the accused] have the opportunity to call witnesses and present evidence at the hearing, which [Employee] did."

In addition, the Appellate Division's decision states that the Hearing Officer "disregarded the testimony of witnesses from the [New York Police Department] and various state agencies who interviewed Student A and investigated her allegations regarding [Employee] on grounds that it was 'hearsay' evidence." The Appellate Division's decision then pointed out that "Hearsay is admissible in [administrative] disciplinary proceedings," citing Education Law §3020-a[3][c] and Matter of Smith v New York City Dept. of Educ., 109 AD3d 701, leave to appeal denied, 22 NY3d 856.

In the words of the Appellate Division:

The Hearing Officer's rejection of Family Court's order of fact-finding and disposition finding [Employee] guilty of child sexual abuse, on the sole basis that the disciplinary proceeding requires de novo review, was also irrational (see e.g. Matter of Board of Educ. Of Dundee Cent. School Dist. [Coleman], 96 AD3d [*2]1536, 1538-1539 [4th Dept 2012]). In reaching its determination, Family Court reviewed evidence and testimony from 11 witnesses, including Student A and investigators from various state agencies, during its fact-finding hearing. The Hearing Officer similarly ignored or gave minimal weight to the numerous pieces of evidence supporting BOE's specifications while misconstruing witness testimony to find that Student A's allegations were not credible. Given that stricter judicial scrutiny is applied to determinations rendered in compulsory arbitration (see Lackow, 51 AD3d at 567; Austin v Board of Educ. of City School Dist. of City of N.Y., 280 AD2d 365, 365 [1st Dept 2001]), BOE more than met its burden of showing that vacatur of the award is warranted.

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

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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 - for information and access to a free excerpt of the material presented in this e-book, click HERE

A Reasonable Disciplinary Penalty - for information and access to a free excerpt of the material presented in this e-book, click HERE

The Layoff, Preferred List and Reinstatement Manual - for information and access to a free excerpt of the material presented in this e-book, click HERE

Disability and other leaves of absences available to employees of New York State and employees of its political subdivisions - for information and access to a free excerpt of the material presented in this e-book, click HERE

 

 

 

 

Approval of a motion to serve a late notice of claim against a governmental entity reversed

Supreme Court granted Petitioner's motion for leave to file a late notice of claim against the City of New York. The Appellate Division unanimously reversed the Supreme Court's ruling "on the law, without costs".

The Appellate Division said Petitioner's motion should have been denied by the Supreme Court, noting:

1. The Respondent City of New York did not own the property where Petitioner alleged he was injured and the New York City Housing Authority [NYCHA] owned the property.

2. The motion for leave to file a late notice of claim against NYCHA should have been denied by Supreme Court "because [Petitioner} failed to establish any of the relevant statutory factors that would warrant leave to serve a late notice of claim."

3. Petitioner did not show that NYCHA acquired actual knowledge of the essential facts constituting the claim within the statutory period, or a reasonable time thereafter.

4. There was no evidence that NYCHA received Petitioner's workers' compensation claim forms, which, in any event, make no mention of the allegations against NYCHA.

5. Petitioner's contention that he did not learn of the seriousness of his shoulder injury until months later did not constitute a reasonable excuse for his delay in serving a notice of claim in view of the fact he filed the workers' compensation claim a few weeks after the accident.

6. Petitioner failed to demonstrate the lack of substantial prejudice to NYCHA through the photographs he took of the accident area and of the scaffold on which he was allegedly injured.

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