ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

May 04, 2024

Selected links to items focusing on government operations posted on the Internet during the week ending May 3, 2024

 

2024 OnSolve Global Risk Impact Report In 24 months, state and local leaders faced various physical threats. One type stands out, remaining a high risk in 2024. GET THE REPORT

 

28 States Have Banned or Restricted Private Funds for Elections The Chicago-based nonprofit Center for Tech and Civic Life distributed $3.5 million in private funds to 2,500 local election offices across 49 states during the 2020 presidential election cycle. But many believe the additional funds were unnecessary. READ MORE

 

3 Signs It’s Time to Find a New IT Service Management Tool Upgrading your ITSM tool can boost efficiencies, save money and result in better service delivery for end users. READ MORE

 

39-Plus States Consider Labeling Deepfake Ads, Calls Lawmakers in New Hampshire and elsewhere are debating measures that would better identify AI-generated material, as the November presidential election nears. Fair election groups say the proposals don’t go far enough. READ MORE

 

8 Features of the Best Audit Management Software for Public Sector The shift to electronic working papers in the audit community fosters collaboration but inadvertently generates dark data. Audit management software offers solutions to access, analyze and maximize audit data's value. READ MORE

 

A Lethal Shift in America’s Gun Violence Crisis High-capacity magazines and cheap devices that turn semi-automatic firearms into machine guns have already raised the shooting fatality rate. Targeting them legislatively could save hundreds or thousands of lives per year. READ MORE

 

A Lofty Future for Wind Energy, but State Goals Are No Breeze Business matters aside, the future is generally bright for offshore wind, leaders said at the 2024 International Partnering Forum for industry. Increasing state energy targets, however, present a stiff challenge. READ MORE

 

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 particular and other jurisdictions in general in instances where the employee has been found guilty of misconduct or incompetence. Click here to read more at http://booklocker.com/books/7401.html

 

AI & Risk Management Resource Kit Learn best practices from subject matter experts for responsibly using AI to enhance risk assessment, mitigation and decision-making processes within government agencies. LEARN MORE

 

AI-Infused Software Looks to Quicken Police Report Writing A new tool from public safety tech supplier Axon can automatically transcribe audio from the company’s body cameras. Arriving as law enforcement nationwide confronts a hiring crisis, it could free up officers for other duties. READ MORE

 

Alaska Modernizes Mission-Critical SystemMany families depend on child support payments to pay their bills. Alaska is streamlining its child support program so families can stop worrying about late payments. LEARN MORE

 

Are We Ready for a Cyber Attack on Food and Farming? Authorities are working to prepare for one by, for the first time, conducting a massive federal tabletop exercise focused on food and agriculture cybersecurity resilience. READ MORE

 

Avoiding the Tyranny of Federal ‘Guidance’ The Supreme Court seems likely to curtail federal agencies’ interpretations of laws passed by Congress, but Washington bureaucrats have another way to exercise unaccountable power over state and local governments. States and localities can fight back. READ MORE

 

Campus Unions Express Concerns About AI in Higher Ed Campus union activists and professors say they worry that the growing popularity of AI tools for administrative tasks at colleges and universities could lead to fewer jobs and more student frustrations. READ MORE

 

City of Virginia Beach Launches Innovative Special Event Permitting Platform  See how Virginia Beach is using Eproval to streamline their permitting process for outdoor events and weddings. READ MORE

 

Colorado Springs, Colo., Police to Implement Speed Cameras The Colorado Springs City Council on Tuesday authorized the Police Department to implement a new camera program that will catch and fine drivers exceeding posted speed limits in certain areas. READ MORE

 

Connecticut Lawmakers Call for More Cyber Protections As a rise in cyber and ransomware attacks on health-care facilities leaves hospitals vulnerable, legislators and health-care providers are hoping to work together to improve cybersecurity measures. READ MORE

 

Connecticut Senate Approves Major AI Legislation The Democratic majority in the state Senate on Wednesday night approved legislation that would regulate artificial intelligence and criminalize deepfake porn and false political messaging. READ MORE

 

Creating More Than Just Pretty Websites 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. GET STARTED WITH MUNICIPAL WEBSITES

 

D.C. Data Leak? Ransomware actor LockBit allegedly stole and leaked data from D.C.’s Department of Insurance, Securities and Banking, after accessing the agency through its cloud provider,  SecurityWeek reports.

 

Dallas CIO of 4 Years Heads to Private Sector Bill Zielinski, who has led the Information and Technology Services department since 2020, will step down April 30. In recent years, he led the city’s response to a ransomware attack, and to the deletion of millions of police records. READ MORE

 

Data Centers Are ‘Electricity Hogs’ Making States Reconsider By 2030, data centers will need 35 gigawatts of electricity, which is enough to power more than 26 million average homes. Some states are concerned that more data centers will risk the reliability and affordability of local electric grids. READ MORE

 

Digital Twin Helps Raleigh, N.C., Foresee, Combat Urban Heat The city, part of North Carolina's Research Triangle, is using a digital twin model empowered by GIS and artificial intelligence to plan for and address urban heat. It drives understanding of how development and heat will interact. READ MORE

 

Eight Fort Worth Schools Will Lose Full-Time Librarians The elementary schools have the district’s lowest enrollment, fewer than 300 students total, and will have to share a single librarian next year. No current librarians will lose their jobs. READ MORE

 

Federal Court Blocks Louisiana’s Latest Congressional Maps in any Election A 2-1 decision by a federal court stopped the state from using its new congressional map for any election, finding the changes Louisiana made to comply with the Voting Rights Act instead violated the 14th Amendment. READ MORE

 

Federal Financial Aid Snafus May Harm Fall Enrollment Updates to the financial form have led to major delays in students' completion and colleges offering aid. Some analysts worry large numbers of students won't get the help they're entitled to. READ MORE

 

Federal Government Looks to Boost Maritime Cybersecurity The Port of Los Angeles stands out for strong cyber defenses, but at other ports across the country, cybersecurity capabilities can vary wildly. The White House seeks to change this. READ MORE

 

Federal Grants: Governments' Cyber Defense Secret Weapon Explore how governments can safeguard citizen data, modernize IT, and tackle escalating cyber threats effectively with available resources and strategies. DOWNLOAD

 

Florida Invests Millions to Keep Babies Alive. It’s Not Working Last year the state spent more than $170 million to address maternal and infant death, yet rates of infant and fetal mortality, as well as preterm and low-weight births, haven’t improved much since a decade ago. READ MORE

 

For the First Time Since 2020, California’s Population Grew The state grew by more than 67,000 people in 2023, quelling concerns about the “California exodus” during the pandemic. California lost about 264,500 fewer people to other states last year than in 2021. 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

 

GIS and artificial intelligence to plan for and address urban heat. It drives understanding of how development and heat will interact. 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

 

Granicus Two-Way Messaging Aims for Interactive Government The company introduced two-way text messaging for the govDelivery solution, to more directly connect the public sector and residents — but also enhance agencies’ ability to gather feedback and improve services. READ MORE

 

Hackers Hit Georgia County Once Struck by Election Breach Coffee County, Ga., which is the same county where tech experts copied the state’s election software after the 2020 election, was also hit by a separate cyber attack this month. READ MORE

 

Hacking the Experts. Mitre — a federally funded R&D center known for its cybersecurity research and Mitre ATT&CK Framework — was breached by a nation-state hacker, per GovInfoSecurity.

 

How a Rural County in Texas Solved Its Broadband Problem Bringing fiber infrastructure to rural areas is expensive and time consuming. Wise County, Texas, found a way to deliver high-speed Internet access without wires. READ MORE

 

How GenAI is Transforming Public Sector Services in New York AI and generative AI (GenAI) are moving from nice-to-have to must-have. New York is one place that’s leading the way. LEARN MORE

 

How Public Cash Managers Can Navigate Buoyant Times While they enjoy today’s high tide in the money markets, state and local treasurers should also promote the case for expanded and targeted federal insurance for public deposits. READ MORE

 

How Should Government Guide the Use of Generative AI? As governments grapple with how to roll out generative AI — or whether they even should — policies in Seattle, New Jersey and California aim to to be broad, easy to understand and relevant in the face of change. READ MORE

 

How Will Connecticut Spend Its Remaining ARPA Funds? The state estimates it will have between $300 and $400 million of American Rescue Plan Act funding still available for use. The problem will be figuring out how to prioritize which programs get money. READ MORE

 

Illinois Proposes Merging Chicago-Area Transit Agencies Under an expected measure, Chicago Transit Authority, Metra and Pace would combine into a single system in hopes of resolving funding issues, as well as providing more reliable and safer services. READ MORE

 

'Just Shut Up and Study': The Backlash Against Campus Protests  Faced with penalties ranging from academic probation to arrest, students continue to push back against the idea they should stop protesting. READ MORE

 

L.A. Metro Needs Until 2035 to Achieve Zero Emissions Four Los Angeles city-based Metro board members urged the transit agency to adopt an aggressive conversion plan to meet the original goal of 100 percent zero-emission buses by 2030. But the five-year delay will likely stand. READ MORE

 

Latino voters are coveted by both major parties. They also are a target for election misinformation Experts expect a surge of misinformation targeting Spanish-speaking voters with a high-stakes presidential election in the fall as candidates vie for support from the rapidly growing number of Latino voters. Read more.

 

Local Government Guide to Managing Grants This guide takes a deep dive into six significant barriers to successful grant management in local governments. It outlines best practices to address each and features insightful resources to help you implement solutions. DOWNLOAD

 

NASCIO Speakers Pepper Their AI Optimism With Warnings Artificial intelligence is quickly becoming mainstream for public agencies. But as state tech leaders look toward the benefits of the technology in the coming years, they are also sounding cautionary notes. READ MORE

 

Nashville's $3B Transportation Plan Has 'Something for Everybody' Nashville Mayor Freddie O’Connell wants voters to approve a half-cent sales tax to fund transit-service improvements and upgrades to the city’s sidewalks and roads. READ MORE

 

Navigate AI within Your Risk Management Strategy AI can make finding a source of truth difficult to decipher when monitoring events. Learn more about AI and how to use it responsibly here. LEARN MORE

 

Nevada Among First States to Unlock Federal Internet Monies The federal government has signed off on the state’s initial plan for using $416.6 million in grant money to improve high-speed Internet access. Nevada joins Kansas and West Virginia in being among the first states to secure funding. READ MORE

 

Nevada Harnesses GenAI for Employment Claims Evaluation After Nevada released AI guidelines last fall, CIO Tim Galluzi talked at NASCIO about how they’re using GenAI in the Department of Employment, Training and Rehabilitation to streamline processes. READ MORE

 

New NASCIO Mission Statement Reflects Broader Role for CIOs At the group’s recent Midyear Conference, state CIOs talked about a revision to the statement reflecting the changing role of public-sector technology leaders. The group also honored a state tech leader for his web modernization efforts. READ MORE

 

New Orleans’ Firearm-Free Zones Have Stalled After Pushback After a February special legislative session gave gun-rights groups sweeping wins, bills to expand firearm-free zones have stalled. Expansion of the zones seems unlikely this year. READ MORE

 

New York Transforms Public Sector with GenAI At both the state and local level, government organizations and education institutions in New York are using GenAI to enhance the resident experience, improve services and outcomes, and ensure strong cyber resilience. READ MORE

 

Nine Website Design Techniques to Help Residents Find Information in Two Clicks Local government websites should be easy to navigate. Learn more about 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

 

Occupational licensing requirements Such requirements are costly for the economy and harmful to the workforce, but we don't seem to be able to do much about them. READ MORE

 

On AI, Legislators Seek a Balance Between Innovation, Regulation Lawmakers in Colorado, Connecticut and Florida have brought forward laws on artificial intelligence and generative AI, aimed at enforcing transparency and risk management. Opponents highlight potential impacts to business. READ MORE

 

Optimizing Operations: One State’s Efforts to Streamline a Key ProgramLegacy systems can disrupt your workflow and negatively impact customers. Alaska is tackling this issue by implementing a modern, integrated system for its mission-critical child support program. LEARN MORE

 

Oversaturated Tech Industry Grapples With Layoffs Companies that grew tech talent rapidly during the pandemic are now firing workers in droves in an effort to reduce operating costs and improve profitability, creating an employer’s market. READ MORE

 

San Francisco Ranked No. 1 Overall on Clean Energy Survey The 2024 City Clean Energy Scorecard by the American Council for an Energy-Efficient Economy rates 75 of the nation’s largest cities against a number of sustainability and greenhouse gas reduction metrics. READ MORE

 

Seattle Officials Evaluate Spending as Deficit Grows to $250M The city’s finance department has grown 35 percent since 2019 and the cost of internal-facing departments have increased by 50 percent. Seattle’s total budget is currently $7.8 billion. READ MORE

 

Set Targets, Determine KPIs, and Share Progress If you’re working on–and struggling with–setting your organization’s wildly important goals, you’re not alone. Goal setting can be hard. How do you ensure goals are motivating and not overwhelming? Download our eBook to learn best practices for setting goals that motivate teams and leave an impact. DOWNLOAD eBOOK

 

SLCGP Money Goes to Training, Assessments, Policy Development As the deadline for year two funding approaches, Washington CISO Ralph Johnson talks about the state’s spending priorities with historic federal support for cybersecurity as the NASCIO Midyear conference gets underway in National Harbor, Md. READ MORE

 

SoCal Battery Storage Plant Will Be One of the Nation’s Largest The Nova Power Bank in Menifee, Calif., will host roughly 2,000 batteries over 43 acres and store enough electricity to power 680,000 homes for up to four hours. The facility is expected to be completed next year. READ MORE

 

Students Look Into the Future of AI in Disaster Response Students from upstate New York gathered this month at the University of Albany’s College of Emergency Preparedness, Homeland Security and Cybersecurity to share visions of artificial intelligence in emergency response. READ MORE

 

Texans Encouraged to Turn Off Lights Amid Bird Migration To help ensure the passage of nearly 2 billion birds from around 400 different species, the National Audubon Society is asking state residents to dim their nighttime lights as a part of the biannual “Lights Out, Texas!” campaign. READ MORE

 

Texas Power Company Warns of Catastrophic Failure if Storage Issues Go Unresolved ERCOT, the power grid operator for Texas, has warned of flaws in some solar, wind and battery storage resources that could disconnect the grid if there are frequency disturbances such as lightning strikes or equipment failures. READ MORE

 

The Answer to Ransomware? ‘Doubling Down on the Fundamentals’ Alaska CIO Bill Smith said that while ransomware is a huge threat and priority for him and the other state CIOs at the NASCIO Midyear conference, the most important way to turn the tide is getting back to basic cyber hygiene. READ MORE

 

The Best Jobs Require Data Science Skills. Schools Need to Do Better at Providing Them. One in every four job postings seeks candidates with the data skills that companies need — and those jobs pay better. Schools should refocus their efforts. READ MORE

 

The Center for Digital Government (CDG) GOVERNMENT EXPERIENCE AWARDS 2024 CDG invites all U.S. cities, counties, states, and special districts to nominate for a Government Experience Award! The CONTESTS ARE OPEN NOW!

 

The South Was the Center of Rural Population Growth Last Year Rural America’s population grew by 108,000 last year. Ninety percent of that growth was in the South. READ MORE

 

The State of Local Government Survey Report Explore OpenGov's latest report on the State of Local Government Survey, featuring insights from over 510 public sector agencies nationwide and reveals top challenges, evolving trends, and key priorities for improvement in 2024. DOWNLOAD

 

Three State Leaders Offer AI Governance Strategies Artificial intelligence and data leaders from Georgia, Maryland and Vermont shared their perspectives on successful AI governance in a GOVChats panel discussion. The environment, they said, is still in development. READ MORE

 

To Curb Crime, Accidents, San Jose Will Expand ALPRs The Silicon Valley city’s mayor helped install an automatic license plate reader at a crash-prone intersection in the east. It was the 235th such camera, and plans are to grow the network to 500 by this summer. READ MORE

 

Transforming Community Infrastructure for Water Conservation Local governments can drastically improve water conservation with a comprehensive approach to water management. READ MORE

 

Tribal Communities Await Federal Cybersecurity Grants The federal government is slated to distribute $18.2 million of Tribal Cybersecurity Grant Program funds as soon as the spring, and experts say the funds will help address important needs. READ MORE

 

Trolls and Their Tolls on Social Media Communicators This eBook from CivicPlus offers strategies for dealing with online trolls and guidance on how social media communicators can keep the peace on their websites without restricting free expression and meaningful and productive conversations. DOWNLOAD

 

Washington DNR Eyes Multiagency Camera Network to Combat Wildfires After the success of an AI-powered wildfire threat detection pilot, the Washington State Department of Natural Resources envisions how a real-time camera response center could safeguard millions of acres of forestlands. READ MORE

 

Webinars: Want a deeper dive into the issues and impact of the new regulations and guidance, below are some recent webinars that may help: New Overtime Regulations: How to Implement the Rule Changes;  How AI is changing the Future of Hiring;   Artificial Intelligence: Avoiding Inherent Discrimination Risks;   How to Comply with New EEOC Harassment Guidance

 

What the U.S. Still Needs to Do to Combat Ransomware Experts recently discussed new early-warning tools, strategies for disrupting cyber criminals long term, and awareness and preparation campaigns that reach everyone. READ MORE

 

What Would a TikTok Ban Mean? Where next for the most popular app in the world? President Biden signed a bill that could lead to a nationwide TikTok ban, but will it actually happen? What are the implications? READ MORE

 

What’s New in Digital Equity: FCC Votes to Restore Net Neutrality Plus, $204 million is made available for Internet expansion in Pennsylvania, New York’s ConnectALL launches its County Partnerships program, and more. READ MORE

 

What’s the Right Way to Fund Struggling Transit Systems? They’ll need a lot more federal help to stay afloat. READ MORE

 

Wildfire Smoke Is Coming for the U.S. Again. We’re Not Ready. It will be one of the most noticeable ways climate change threatens human health in the years to come. It could cause as many as 27,800 U.S. deaths per year by 2050. READ MORE

 

May 03, 2024

New York State's Comptroller releases audits

On May 2, 2024, New York State Comptroller Thomas P. DiNapoli announced the following local government and school audits were issued.

Click on the text highlighted in COLOR below to access the full text of the audit report posted on the Internet.

 

Town of DeWitt – Planning and Zoning, and Recreation Departments’ Collections (Onondaga County)

Town officials did not effectively manage the planning and zoning, and recreation departments’ cash collections. As a result, auditors could not confirm that all collections received were deposited. Of the 40 planning and zoning department fees reviewed totaling $73,732, 18 were not in accordance with the board’s fee structure, and 16 were not deposited in a timely manner. Of the 463 recreation department fees reviewed totaling $56,262, 176 were not in accordance with the fee structure used. Of the 177 payments made with cash or check, 40 were not deposited in a timely manner. Department collection activities were not properly recorded or reviewed, and records were not always maintained. In addition, users could delete records from the financial system, and employee collection activities were not properly segregated. Employees were allowed personal use of town rentals at no charge, resulting in a loss of collectible town revenues.

 

Pembroke Central School District – Investment Program (Genesee County)

District officials did not develop and manage a comprehensive investment program. From Jan. 1, 2022 through April 30, 2023, the district earned investment earnings totaling over $153,000 from money on deposit in its 15 bank accounts at two financial institutions, which had an average of $13.4 million available for investing. Had officials considered other legally permissible investment options, the district may have earned approximately $390,000. District officials did not create, and the board did not adopt, a comprehensive investment program with written procedures for the investment of district funds. The district did not prepare monthly cash flow forecasts to estimate funds available for investment, monitor investments or formally solicit interest rate quotes.

 

Pembroke Central School District – Extra-Classroom Activity Funds (Genesee County)

District officials did not properly account for all extra-classroom activity (ECA) funds and, because some funds were held for substantial amounts of time before they were deposited, collections were not appropriately safeguarded. As a result, collections were not recorded and deposited in a timely manner, and unsupported disbursements were authorized and processed. As such, auditors could not determine whether all ECA funds were properly used.

 

Ticonderoga Joint Town/Village Fire District – Board Oversight (Essex County)

While the board monitored financial activity and ensured appropriate records were maintained, they did not ensure required annual audits were completed and annual update documents (AUD) were filed in a timely manner. The 2018 independent annual audit of the district’s records was completed 1,045 days late and as of Oct. 31, 2023, audits for 2019 through 2022 were not completed and were already between 1,220 and 124 days late. AUDs were filed as many as 1,257 days late. There was no independent verification that funds have been accounted for and transparency was diminished.

 

Village of Unadilla – Procurement (Otsego County)

Village officials did not always use a competitive process when purchasing goods or services, as required by state law or the village’s procurement policy. Of the 20 purchases reviewed totaling $469,283, village officials did not seek competition for 18 purchases totaling $440,056. By not seeking competition, the board has less assurance that the village obtained the most favorable terms and conditions in the best interest of its taxpayers. Competition was not sought for: any of the five purchases subject to competitive bidding requirements during the audit period totaling $314,619; 10 purchases totaling $57,898 which were subject to the procurement policy; and insurance coverage and professional services totaling $67,539.

 

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May 02, 2024

Reviewing a federal district court’s granting respondent's motion to dismiss a quid pro quo and related sexual harassment complaints

The Circuit Court of Appeals, Second Circuit, said in order to survive a motion to dismiss, a complaint’s “allegations must meet the plausibility standard set out in Ashcroft v. Iqbal, 556 U.S. 662. Citing Schiano v. Quality Payroll Sys., Inc., 445 F.3d 597, the Second Circuit then opined "to state a quid pro quo sexual harassment the plaintiff must show a tangible employment action, i.e., that an explicit alteration in the terms or conditions of employment resulted from her refusal to submit to [a] sexual advance.”

In this action the court concluded that Plaintiff's quid pro quo claim failed because she made only “conclusory allegations of implied sexual advances” in that Plaintiff's description of the Respondent's conduct creates no more than “a sheer possibility that [the Respondent] has acted unlawfully.” In the words of the court, Plaintiff's claim "is based on a single incident in which [Respondent] allegedly invited her to see a corporate apartment on their way to lunch, asked her repeatedly to join him in the apartment’s bedroom, and then inquired over lunch whether she was married or had a boyfriend." The Circuit Court also noted that Plaintiff's amended complaint "contains no allegations of any sexual comments or physical contact, never alleges that [Respondent] engaged in any other sexual conduct towards Reed or anyone else, and makes no other allegations sufficient to support an inference that [Respondent's] conduct was sexual.

Addressing Plaintiff's "Retaliation and Constructive Discharge" allegations, the Circuit Court opined that "[F]or a retaliation claim to survive ... a motion to dismiss, the plaintiff must plausibly allege that: ... defendants discriminated — or took an adverse employment action — against [her], (2) because [she] has opposed any unlawful employment practice.” As the Second Circuit held in Vega v. Hempstead Union Free Sch. Dist., 801 F.3d 72, “[T]he plaintiff need only have had a good faith, reasonable belief that [she] was opposing an employment practice made unlawful by Title VII”.* Further, the Circuit Court noted “The reasonableness of the plaintiff’s belief is to be assessed in light of the totality of the circumstances.” "... mere subjective good faith belief is insufficient; the belief must be reasonable and characterized by objective good faith.”

Finding the Plaintiff "failed to allege adequately that she had a reasonable, good-faith belief that [Respondent's] conduct violated the law or that her conduct constituted opposition to unlawful conduct" and that in her formal complaint "[Plaintiff] failed to allege that [Respondent] took an adverse employment action against her for filing it.

Finally, the Circuit Court opined that Plaintiff's allegations that "new monitoring programs appeared on her computer" do not suffice for a claim of retaliation because Plaintiff does not plausibly allege that the monitoring was so severe that “it well might have dissuaded a reasonable worker from making or supporting a charge of discrimination”. Accordingly, the Circuit Court affirmed the district court’s dismissal of Plaintiff's constructive discharge claims as well.

* See, also, Kessler v. Westchester County. Dep’t of Social Services, 461 F.3d 199.

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

May 01, 2024

Correction officer terminated after being found guilty of "undue familiarity" with an incarcerated person

 

A New York City correction officer [CO] charged with "undue familiarity" after giving an incarcerated person [detainee] gifts and making false and, or, misleading statements to investigators about such alleged misconduct. New York City Office of Administrative Trials and Hearings' Supervising Administrative Law Judge Joan R. Salzman recommended that appointing authority terminate CO after finding CO guilty of such offenses.

CO was captured on surveillance video greeting the detainee in a friendly manner called “dapping”* and detainee giving CO three packages opaquely wrapped in brown paper, including one package CO then concealed inside his uniform shirt.

During the employer's investigation, CO told investigators in an MEO 16 interview that he could not recall what food he gave to this detainee, who that very day had headbutted another correction officer and was known to CO as the assaultive, highest-ranking gang member in an area referred as the North Infirmary Command, "even though one would expect the CO to recall what he gave to this notorious detainee" directly after a memorable assault by this very detainee on a colleague of CO.

Instead, CO told investigators and testified at trial that he gave two servings of extra chicken to the detainee (even though it was “Chicken Sunday,” and chicken had already been served that day), but CO could not recall whether the items in his uniform shirt consisted of a banana or packets of sugar or packets of mustard.

CO told investigators that he gave food items to this detainee in order to “keep the peace,” and that he had done so on a few occasions with this detainee previously. At hearing, however, CO deviated from his prior statements, and testified that he gave extra food because detainee was sick and hungry, and that he had never previously given this detainee any food.

The Supervising ALJ found CO’s testimony problematic, evasive, exceptionally vague, and incredible. Judge Salzman concluded that CO’s misconduct breached the good order and discipline required in a jail facility, and after weighing the mitigating and aggravating factors, recommended termination.

* "Dapping" is a term used to describe "two men tapped their opposite shoulders together in a half-hug and shaking hands".

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

==================================

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

 

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com