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

July 03, 2024

New York State Comptroller DiNapoli releases certain school district and municipal audits

 

On July 3, 2024, New York State Comptroller Thomas P. DiNapoli issued the following local government and school audits:

Ardsley Union Free School District – Financial Management (Westchester County)

The board and district officials did not effectively manage the district’s fund balance and reserves. As a result, the district levied more taxes than needed to fund operations. The board and district officials overestimated appropriations from 2017-18 through 2021-22 (excluding 2018-19) by an average of $4.1 million, totaling $16.5 million. In addition, the district appropriated fund balance at an annual average of $2.9 million from 2017-18 through 2021-22 while it had an operating surplus in each of those years averaging $1.1 million. As a result, the appropriated fund balance was not used to fund operations and taxpayers were taxed more than necessary.


Rye City School District – Payroll (Westchester County)

District officials did not budget for approximately $600,000 of incurred overtime, and generally recorded it as regular salaries instead of overtime. As a result, residents are not being made aware of what the district expects to incur in overtime costs and the budgets are not transparent. Auditors analyzed the overtime paid to 15 employees with the highest overtime charges for the audit period and reviewed all of their time records and payments totaling $428,220. Auditors found officials recorded $409,391 of that money as salaries, which precluded officials from monitoring overtime expenditures because they did not know how much overtime was being paid. The district also lacked overtime monitoring policies and procedures and paid six employees $2,097 in overtime wages without proper supporting documentation.


Half Hollow Hills Central School District – Information Technology (IT) Equipment Inventory Records (Suffolk County)

District officials did not always appropriately track, inventory and safeguard IT equipment and IT department staff did not maintain complete inventory records. As a result, district officials cannot assure taxpayers that all IT equipment is adequately accounted for and would be detected if lost, stolen or misused. Auditors selected 100 pieces of equipment (devices) costing $88,223 to confirm their location and that they were properly inventoried and determined that 23% of the equipment was not properly accounted for. Specifically, three IT devices, worth a total of $3,012 could not be located. Another 20 IT devices that cost $19,914 were not listed in the district’s accounting detail report.


Greater Southern Tier Board of Cooperative Educational Services (BOCES) – Capital Assets (Chemung County)

BOCES officials did not properly monitor and account for all capital assets and have not conducted periodic physical inventories in at least 10 years. As a result, officials lack assurance the capital asset records are complete and accurate, and that assets are protected from loss, theft, misuse and obsolescence. Auditors reviewed 50 assets with a combined purchase price totaling approximately $259,900 and determined that 10 assets worth a combined $68,600 had exceptions and eight of those assets, totaling approximately $65,400, did not have required asset tags, were not on the inventory asset list and/or had incorrect locations on the inventory list. In addition, a camcorder with a purchase price of $1,700 could not be located or accounted for and a telecommunications switch with a purchase price of $1,500 was still active on the inventory list but was disposed of in October 2018.


Town of Gorham – Budgeting (Ontario County)

The board did not develop and adopt realistic budgets, a financial plan or fund balance and reserve policies. As a result, the town maintained unreasonable fund balance levels and likely levied more taxes than necessary. From fiscal years 2020 through 2022, the town-wide (TW) general, town-outside-village (TOV) general, TOV highway, sewer and water funds combined generated a total of $1.6 million in operating surpluses. In 2021, sales tax revenues totaling $230,000 were inappropriately recorded in the TW funds instead of the TOV funds, given property taxes were levied in the TOV funds. In addition, an excessive $1.5 million of unrestricted fund balance was maintained in the TW general fund as of Dec. 31, 2022. Lastly, budget transfers were made at year end, rather than as necessary throughout the fiscal year, resulting in appropriation accounts being over expended.


Town of Gorham – Procurement (Ontario County)

Town officials did not always procure goods and services in accordance with town policy, statutory requirements and good business practices. As a result, there is an increased risk that the town paid more than necessary for goods and services or made purchases that were not for town purposes. For example, auditors reviewed 65 individual and aggregate purchases totaling $2.5 million and determined 16 purchases totaling $468,738 were not competitively bid. Officials also did not comply with purchasing policy requirements for 41 purchases totaling $1.4 million. Auditors reviewed all nine professional services vendors totaling $1.1 million and determined officials did not seek competition when procuring any of these vendors. Two of these vendors lacked written agreements detailing the services to be provided and their cost. Auditors also reviewed all 116 credit card purchases totaling $29,562 and determined 12 purchases totaling $3,726 did not have adequate supporting documentation to indicate they were appropriate town purchases.


Renaissance Academy Charter School of the Arts – Non-Payroll Disbursements (Monroe County)

School officials did not ensure that all disbursements were properly reviewed and approved, or adequately supported. Certain disbursements were made without knowing what was purchased or whether the disbursements were for appropriate school purposes. During the period reviewed, the school’s disbursements totaled $4.8 million and although a prior audit and other external audits noted school disbursements lacked adequate supporting documentation, sufficient corrective action was not taken, including adopting adequate written disbursements policies. Auditors found 62% of the non-credit card disbursements tested totaling $276,871 and 86% of the credit card charges tested totaling $43,439 lacked both an itemized invoice or receipt and a documented school purpose. In addition, the chief education officer (CEO) and chief operating officer have the ability to make purchases, prepare checks and modify or delete data in the financial software and the CEO signs checks. The lack of adequate controls increases the risk for disbursements to be made for non-school purposes and accounting records being altered without detection.


Farmingdale Union Free School District – Payroll (Nassau County)

District officials did not properly monitor, approve and control overtime. Officials also did not ensure all overtime payments were necessary and properly supported. As a result, there is a significant risk that employees may have been paid for unnecessary overtime work that could have been avoided with adequate planning. Auditors determined that the board and district officials did not establish adequate overtime controls or adopt written policies and procedures to ensure overtime was incurred only when necessary and unavoidable. They also did not ensure all overtime was preapproved and monitored. The district paid 20 employees $167,034 for nonemergency overtime work, including routine job duties and planned events, without written preapproval and did not budget for overtime separate from other payroll expenditures. As a result, district officials did not have adequate information to properly monitor the overtime budget and expenditures.


Village of Herkimer – Audit Follow Up (Herkimer County)

The purpose of this review was to assess the village’s progress in implementing recommendations in the audit report released in August 2019. Based on limited procedures, the village has demonstrated minimal progress implementing corrective action. Of the seven audit recommendations, one recommendation was partially implemented, and six recommendations were not implemented.

###

 

 

Administrative due process is satisfied if the court finds that the determination is supported by a rational basis, even if the court concludes that it would have reached a different result than the one reached by the agency

To annul a determination of a New York City Department of Education dispute resolution officer, made without a hearing, denying the extension of the petitioner's contract the petitioner must persuade the court that the dispute resolution officer's determination was arbitrary and capricious.

 

Edwards v New York City Dept. of Educ.

2024 NY Slip Op 03480

Decided on June 26, 2024

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.



Decided on June 26, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
BARRY E. WARHIT, JJ.


2022-01415
(Index No. 511176/20)

[*1]In the Matter of Raymond S. Edwards, etc., appellant,

v

New York City Department of Education, respondent.

Leonard W. Stewart, Brooklyn, NY, for appellant.

Muriel Goode-Trufant, Acting Corporation Counsel, New York, NY (Melanie T. West and Amanda Abata of counsel), for respondent.

DECISION & ORDER

In a proceeding, in effect, pursuant to CPLR article 78, inter alia, to review a determination of a dispute resolution officer dated September 16, 2020, which upheld, without a hearing, the determination of the New York City Department of Education to deny a contract extension to the petitioner, the petitioner appeals from a judgment of the Supreme Court, Kings County (Katherine A. Levine, J.), dated December 10, 2021. The judgment, in effect, denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

The petitioner commenced this proceeding, in effect, pursuant to CPLR article 78 against the respondent, the New York City Department of Education (hereinafter the DOE), inter alia, to annul a determination of a dispute resolution officer of the DOE, made without a hearing, upholding the DOE's determination to deny a contract extension for one of the petitioner's universal pre-kindergarten facilities. In a judgment dated December 10, 2021, the Supreme Court concluded that the dispute resolution officer's determination was not arbitrary and capricious and, thereupon, in effect, denied the petition and dismissed the proceeding. The petitioner appeals.

"In reviewing an administrative agency determination, [courts] must ascertain whether there is a rational basis for the action in question or whether it is arbitrary and capricious" (Matter of Gilman v New York State Div. of Hous. & Community Renewal, 99 NY2d 144, 149; see Matter of Peckham v Calogero, 12 NY3d 424, 431). "An action is arbitrary and capricious when it is taken without sound basis in reason or regard to the facts" (Matter of Peckham v Calogero, 12 NY3d at 431; see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 231). "If the court finds that the determination is supported by a rational basis, it must sustain the determination even if the court concludes that it would have reached a different result than the one reached by the agency" (Matter of Peckham v Calogero, 12 NY3d at 431). Here, the Supreme Court properly concluded that the challenged determination was not arbitrary and capricious.

The petitioner's remaining contentions are without merit.

Accordingly, the Supreme Court properly, in effect, denied the petition and dismissed the proceeding.

DILLON, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court


Posted on the Internet as noted on July 3, 2024

 

NEWS

 

 

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Since the beginning of July, employers in New York City must inform their workers about their rights in multiple languages, regardless of their ...

 

 

 

 

 

New York Employment Legislation, Regulation Updates Reviewed

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New York City implemented a similar lawNew York City's Freelance Isn't Free Act, on May 15, 2017. The Act defines a freelance worker broadly ...

 

 

 

 

 

New York Freelance Isn't Free Act to Take Effect August 28, 2024

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Giuliani is disbarred in New York as court finds he repeatedly lied about Trump's 2020 election loss

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Rudy Giuliani, the former New York City mayor, federal prosecutor and legal adviser to Donald Trump, has been disbarred in New York.

 

 

 

 

 

New York State Requires Paid Lactation Breaks | Bond Schoeneck & King PLLC - JDSupra

JD Supra

Effective June 19, 2024New York State Labor Law Section 206-c requires all private and public employers to provide 30 minutes of paid break time ...

 

 

 

 

 

 

 

Rudy Giuliani disbarred in New York for spreading falsehoods about 2020 election

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Washington — Rudy Giuliani, who served as former President Donald Trump's personal attorney, was disbarred from practicing law in New York on ...

 

 

 

 

 

Hunter Biden sues Fox News under New York's revenge porn law - NY1

NY1

Fox removed the mock trial series in question from its streaming platform in April after Biden's attorneys threatened the suit.

 

 

 

 

 

The public gets a glimpse of lobbying in New York - WAMC

WAMC

New York could beef up the laws by limiting the size of campaign donations that lobbyists make; it could curtail fundraising during the ...

 

 

 

 

 

New York State Department of Health Revises Proposed Hospital Cybersecurity Regulations

JD Supra

... NYS Public Health Law. NYSDOH proposed the initial regulations in the ... law and managed by qualified cybersecurity personnel or a third-party service ...

 

 

 

 

 

Supreme Court's 2024 Term Could Transform Labor and Employment Law

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July 02, 2024

Seeking reimbursement of police training expenses from another jurisdiction

The City of New York sued the County of Nassau seeking reimbursement of police training expenses pursuant to General Municipal Law §72-c incurred on behalf of two police officers formerly employed by the New York City Police Department.

The Appellate Division held the City established its prima facie entitlement to an award of $88,689.96 in reimbursement costs by submitting an affidavit of the Director of the Management and Budget Analysis Section of the NYPD, which itemized the reimbursable amounts owed for each officer under General Municipal Law §72-c. Contrary to the County's contention, the City submitted sufficient evidence in support of its methods of calculation.

 

City of New York v County of Nassau

2024 NY Slip Op 03468

Decided on June 26, 2024

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.



Decided on June 26, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
ROBERT J. MILLER
WILLIAM G. FORD
LAURENCE L. LOVE, JJ.


2022-00177
(Index No. 604244/14)

[*1]City of New York, respondent,

v

County of Nassau, appellant.


Thomas A. Adams, County Attorney, Mineola, NY (Robert F. Van der Waag, Samantha A. Goetz, and Ian Bergström of counsel), for appellant.

Muriel Goode-Trufant, Acting Corporation Counsel, New York, NY (Deborah A. Brenner and Sarah Paulson of counsel), for respondent.

DECISION & ORDER

In an action for reimbursement of police training expenses pursuant to General Municipal Law § 72-c, the defendant appeals from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), entered January 4, 2022. The order granted the plaintiff's motion for summary judgment on the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff, City of New York, commenced this action against the defendant, County of Nassau, for reimbursement of police training expenses pursuant to General Municipal Law § 72-c incurred on behalf of two police officers formerly employed by the New York City Police Department (hereinafter the NYPD). According to the complaint, the officers attended and graduated from the NYPD police academy in 2012. In 2013, both officers resigned from the NYPD to work as police officers in the Nassau County Police Department. In an order entered January 4, 2022, the Supreme Court granted the City's motion for summary judgment on the complaint. The County appeals.

The City established its prima facie entitlement to judgment as a matter of law on the complaint seeking reimbursement of police training expenses for the two officers. General Municipal Law § 72-c provides in relevant part: "whenever a member of the police department of a municipal corporation has attended a police training school, the expense of which was borne by such municipal corporation, terminates employment with such municipal corporation and commences employment with any other municipal corporation or employer county sheriff, such employer municipal corporation or employer county sheriff shall reimburse the prior employer municipal corporation for such expenses . . . if such change in employment occurs within three years of such member's graduation from police training school." Here, the City established that the two officers successfully completed police training at the NYPD police academy, and that both officers left their employment with the NYPD and joined the Nassau County Police Department prior to completing three years of service with the NYPD.

In opposition, the County failed to raise a triable issue of fact. Contrary to the County's contention, the NYPD police academy qualifies as a "police training school" within the meaning of General Municipal Law § 72-c because the statute's "words of ordinary import" should be construed "with their usual and commonly understood meaning" (Rosner v Metropolitan Prop. & Liab. Ins. Co., 96 NY2d 475, 479). Further, the statute does not require that police officers be issued a certificate of satisfactory completion of a police basic training program by the Municipal Police Training Council (hereinafter MPTC) (see Executive Law § 839), as provided for by General Municipal Law § 209-q(1)(a), in order to trigger entitlement to reimbursement under General Municipal Law § 72-c. Indeed, in order to transfer from the police department of another municipality to the Nassau County Police Department, a police officer who does not have an MPTC certificate may obtain a waiver by showing completion of equivalent police officer training. Thus, a waiver of the MPTC certification requirement of General Municipal Law § 209-q may be obtained for officers who received police training from the NYPD.

The City established its prima facie entitlement to an award of $88,689.96 in reimbursement costs by submitting an affidavit of the Director of the Management and Budget Analysis Section of the NYPD, which itemized the reimbursable amounts owed for each officer under General Municipal Law § 72-c. Contrary to the County's contention, the City submitted sufficient evidence in support of its methods of calculation.

In opposition, the County failed to raise a triable issue of fact. Contrary to the County's contention, the statute provides for reimbursement for the "expense" borne by a municipal corporation for an officer's attendance at a police training school, and that "such expenses" include "salary, tuition, enrollment fees, books, and the cost of transportation to and from training school" (id.). As there is no indication that the Legislature intended to restrict the applicability of the statute to the listed expense categories, the court will not create such a limitation (see Matter of Theroux v Reilly, 1 NY3d 232, 240).

Accordingly, the Supreme Court properly granted the City's motion for summary judgment on the complaint and determined that it was entitled to an award of $88,689.96 in reimbursement costs pursuant to General Municipal Law § 72-c.

DUFFY, J.P., MILLER, FORD and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court


 

July 01, 2024

United States Supreme Court limits application of bribery law used in Chicago corruption cases

 A majority of the Justices found that a federal statute that bans bribery does not apply to “gratuities” paid to elected officials for past acts [Snyder v. United States, 71 F. 4th 555]

The Cornell University School of Law has posted the items listed below concerning this decision on the Internet: 

Snyder v. United States
71 F. 4th 555, reversed and remanded.

Also reported on the Internet on June 26, 2024 by Governing HERE.


 

CAUTION

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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