Appeal to the Commissioner of Education dismissed for lack of proper service

Petitioners appealed a Board of Education's determination that their child, a high school student, was "not entitled to a medical exemption" from the immunization requirements of Public Health Law §2164.*  The appeal also named the high school principal and a school nurse as “Individual Respondents”.  The Commissioner dismissed Petitioners' appeals "for improper service."

The Commissioner's decision notes that 8 NYCRR 275.8 [a] of the Regulations of the Commissioner of Education requires that such petitions be personally served upon each named respondent.  Further, if a school district is named as a respondent, service upon the school district is to be made personally by delivering a copy of the petition to the district clerk, to any trustee or any member of the board of education, to the superintendent of schools, or to a person in the office of the superintendent who has been designated by the board of education to accept service of an appeal to the Commissioner of Education.

Although Petitioners’ affidavits of service indicated that they had served the Individual Respondents, the Individual Respondents denied this allegation, stating that they had received the petitions "from district employees who are not authorized to accept service on their behalf."  

Citing Appeal of Barrientos, 58 Ed Dept Rep, Decision of the Commissioner No. 17,450 and other Decisions of the Commissioner of Education and noting that Petitioners "did not submit a reply or otherwise respond" to the Individual Respondents’ claims of improper service, the Commissioner opined that "on this record" she could not conclude that Petitioners served a copy of the petition on any of the named Individual Respondents as required by §275.8 (a) of the Commissioner’s regulations and dismissed their appeals.

* Public Health Law §2164 address immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease, and hepatitis B.

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

 

Former New York University finance director pays over $660,000 in restitution for role in multi-million dollar fraud

On April 26, 2024, State Comptroller Thomas DiNapoli and Manhattan District Attorney Alvin L. Bragg Jr. announced that Cindy Tappe, former director of finance and administration at New York University, paid full restitution of $663,209 after pleading guilty to grand larceny for orchestrating a $3.5 million, 6-year fraud relating to two NYU programs, announced today.

“Cindy Tappe executed a scheme to support her lavish lifestyle at the expense of children with special needs and young English Language learners. She is now a convicted felon and has paid back the money she stole,” DiNapoli said. “I thank District Attorney Bragg for his partnership in the investigation and in bringing her to justice.”

“Cindy Tappe has now been sentenced for diverting funds that were intended to benefit students for her own personal gain. Her fraudulent actions not only threatened to affect the quality of education for students with disabilities and multilingual students but denied our city’s minority- and women-owned business enterprises a chance to fairly compete for funding,” Bragg said. “I thank the New York State Comptroller’s Office for its partnership as we continue to root out fraud in Manhattan. Those who take advantage of our students and businesses will be held accountable.”

Tappe, 59, used her position as the director of finance and administration for NYU’s Metropolitan Center for Research on Equity and Transformation of Schools (the “Metro Center”) to divert approximately $3.5 million intended for minority- and women-owned businesses. She ultimately routed $3.3 million to bank accounts held by two shell companies she created by using subcontractors to serve as pass throughs. None of the subcontractors performed work on the contracts. Instead, they took between 3% and 6% of the invoice amounts as “overhead,” and sent the remainder of $3.352 million to Tappe’s fictitious shell companies.

Tappe used some of the funds for NYU payments and employee reimbursements but kept more than $660,000 to pay for personal expenses, including renovations to her home and an $80,000 swimming pool.

Tappe, of Westport, Conn., pleaded guilty to one count of grand larceny. She was sentenced to serve five years’ probation and paid full restitution in the amount of $663,209.07 at the time of sentencing. The subcontractors also repaid $150,000.

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

 

Selected links to items focusing on government operations posted on the Internet during the week ending April 26, 2024

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Double-Parked? Hayden AI’s New Platform Will Find You The San Francisco company has released a new tool aimed at helping make streets safer for bicyclists and buses. It relies on visual artificial intelligence and cameras mounted on buses. READ MORE

 

DWI Arrestees: Unexpected Partners in Public Safety Innovation With driving while intoxicated arrests rising, Minnesota is turning to tech for solutions. The state is piloting cutting-edge roadside drug testing devices with unexpected participants: people arrested for DWI. READ MORE

 

Feds Help Shreveport, La., and Las Vegas Modernize Transit Combined, the cities received nearly $1.5 million in grants through a U.S. Department of Transportation program. They will use it to maintain and plan the expansion of zero-emissions vehicles, and to enhance pedestrian safety. READ MORE

 

Florida Ethics Commission Waives Fine for Its Own Member Ethics Commissioner Freddie Figgers didn’t submit his 2021 financial disclosure statement until the day after Gov. Ron DeSantis appointed him to the Ethics Commission. The commission voted 4-1 to waive the $1,500 fine. 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 Legacy to Leading Edge: Butte County's Modernization Journey This case study details how Butte County, California, modernized its 35-year-old legacy system for payroll, timekeeping, accounting, and benefits management. DOWNLOAD

 

Georgia Police Use Artificial Intelligence to Solve Cases The Warner Robins Police Department is using software to aggregate information that could help it close criminal cases. It is a help to the department, which does not have a cyber crime division. READ MORE

 

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Keeping Food Scraps Out of Landfills Is a Bigger Problem Than You Think Organic waste in landfills is a major source of methane emissions. Orange County, Calif., is making progress in diverting it. READ MORE

 

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Overflowing Water Tank Linked to Russian Cyber Attack A report released Wednesday connects a Texas cyber attack to hacker groups with Russian government ties, per CNN. The incident, in January, caused no injuries and did not affect drinking water. READ MORE

 

Philly’s Plan to End Open-Air Drug Market Part of Larger Crime Crackdown Earlier this month, Mayor Cherelle Parker announced her administration’s plan to end the Kensington neighborhood’s open-air drug markets by arresting people for low-level offenses that the city hadn’t targeted in years. READ MORE

 

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St. Paul Revisits Snow Emergencies After Two Extreme Winters This year’s relatively snowless winter followed the record-setting season last year, when 93 inches of snow fell onto the city. The city budgets based on average snowfall, but the average is changing, forcing officials to revisit plans. READ MORE

 

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Staying Agile in the Changing World of Government Social Media At the 2024 Government Social Media Conference, officials shared their insight on how to operate in the changing landscape of social media. They also discussed what to expect as AI comes onto the scene. READ MORE

 

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The Troubling Proliferation of Universal Basic Income Programs A lot of communities are experimenting with this costly, ineffective approach to fighting poverty that disincentivizes work. Iowa lawmakers are right to ban localities from creating guaranteed income programs. READ MORE

 

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New York State Courts hold Plaintiff's complaints barred by collateral estoppel having earlier commenced similar actions in federal court alleging violations of various federal, New York State, and New York City statutes

In the words of the New York State Court of Appeals, "Plaintiff was subjected to offensive and demeaning conduct by her colleagues and sued them and her employer in federal court alleging violations of various federal, New York State, and New York City statutes, and intentional infliction of emotional distress. 

"The parties engaged in the full discovery process, including depositions and document production, and defendants moved for summary judgment. 

"A federal judge made detailed factual findings and applied those findings to defendants' federal claims, ultimately granting defendants' summary judgment motions, and the United States Court of Appeals for the Second Circuit affirmed. 

"Plaintiff brought a nearly identical suit in Supreme Court, raising claims over which the federal district court declined to exercise supplemental jurisdiction.

"Supreme Court dismissed plaintiff's complaint as barred by collateral estoppel and for failing to state a claim, the Appellate Division agreed".

The Court of Appeals affirmed the lower courts' rulings, Justice Rivera dissenting.

Click HERE to access the Court of Appeals' majority and the dissenting opinions in the State actions posted on the Internet.

OATH Administrative Law Judge recommends the dismissal of a deputy sheriff who stole evidence from a storage container

New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ] Michael D. Turilli recommended the termination of employment of a deputy sheriff [Deputy] he found had stolen contraband from an evidence storage container.

Judge Turilli determined that on two occasions Deputy was seen on a surveillance video tape exiting the evidence storage container with unidentified objects concealed under his clothing and taking the objects to his car. The ALJ rejected Deputy’s explanation that he had been carrying a mini-tablet and a phone rather than contraband, finding this testimony inconsistent with the video evidence in consideration of the shape of the objects and the manner in which Deputy was carrying them.

Further, the ALJ found that Deputy had made efforts to conceal the objects from video surveillance, which would have been unnecessary if he was removing work-related equipment and not contraband.

ALJ Turilli, however, recommended dismissal of specifications filed against Deputy for stealing or facilitating the theft of contraband on ten other occasions, ruling Employer failed to prove those charges by a preponderance of credible evidence.  

Recommending the Employer terminate Deputy's employment, the ALJ opined that Deputy’s lack of disciplinary history did not outweigh "the egregiousness of the misconduct and his demonstrated lack of integrity".

Click HERE to access Judge Turilli's findings and recommendation posted on the Internet.

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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.