Selected links to items focusing on government operations posted on the Internet during the week ending October 18, 2024.

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

5 Ways Secure Cloud Infrastructure Fuels Innovation This eBook explores how a proactive security strategy built on secure cloud infrastructure can drive innovation. It highlights success stories showcasing how organizations accelerate time-to-market, focus on user outcomes, increase agility, manage risks, and optimize resources. It emphasizes the importance of integrating security from the start to foster a culture of continuous improvement. DOWNLOAD

A Century of Cities The National League of Cities was founded 100 years ago. Its CEO reflects on its history and continuing mission. READ MORE

A Mayor’s Legacy: Economic Growth, Historical Reckoning From revitalizing the economy to confronting his city’s racial past, Tulsa, Okla., Mayor G.T. Bynum leaves office having created a focus on unity and progress. He is the fourth member of his family to serve as mayor. READ MORE

AAC&U Launches AI Institute for Pedagogy and Curriculum The American Association of Colleges and Universities recruited 124 institutions to participate in its Institute on AI, Pedagogy, and the Curriculum, an online program to help educators incorporate AI into their courses. READ MORE

 

Active AI Employee Experience Active AI employee experience automates everyday tasks for knowledge workers. It combines generative AI with a core automation platform and intelligent document processing technology to eliminate mundane work and let employees focus on higher-value tasks. This brief explains how to get started. DOWNLOAD

Another Midwest Drought Is Causing Transit Headaches on the Mississippi River The majority of U.S. agricultural exports rely on the Mississippi River to reach the international market. READ MORE

Are you prepared for When (Not If) the Cyberattack Comes? Cyber threats escalate quickly, expedite by having a pre-planned response on deck. CONTINUE READING

 

As AI Gains Ground, Security Leaders Need to Embrace Saying Yes Cybersecurity chiefs are often viewed as inhibitors of innovation who are likely to veto new ideas in the interest of keeping systems safe. But as agencies increasingly lean on AI, CISOs must find a way to get to "yes." READ MORE

AWS is Helping Small and Mid-Sized Government Agencies Modernize with Cloud Discover actionable guidance and best practices on how to respond stronger and faster to serve your constituents more effectively—together with CrowdStrike, Esri, and Tyler Technologies. LEARN MORE

Boost Lifetime Income How can you boost lifetime income and enhance economic mobility? LEARN MORE

Build Starting on $25M EV Tech Center in Decatur, Ala. Work is set to commence this month on the fourth phase of the Robotics Technology Park, run by state agency Alabama Industrial Development and Training. It will focus on building and working with electric vehicles. Opening is expected in spring 2026. READ MORE

Cable Industry’s Commitment to Bridging the Rural Broadband Gap Stream "Every Last Mile" to witness how relentless dedication and innovative solutions helped crews overcome challenges in expanding broadband to rural America. Watch now: EveryLastMile.film. WATCH NOW

CISA Eyes Software Security as China Threats Rise The federal cybersecurity agency has recommended ways that the U.S. can improve critical infrastructure defense against nation-state threats, including boosting open source software security. READ MORE

Closing the Digital Divide in Rural America: Experience What It Takes Every Last Mile captures the journey of bringing high-speed internet to underserved areas. Stream the docufilm and see the impact at EveryLastMile.film. WATCH NOW

Conn. Readies Release of Millions for High-Speed Broadband The availability of more than $28 million in grant money is aimed at supporting the build-out of infrastructure. Greenwich, Conn., affluent but underserved, will get the most this round, approximately $1.8 million. READ MORE

Equity Is a Key Focus for Oakland, Calif., Broadband Work The Bay Area city is making high-speed Internet more accessible with projects focused on affordability and service delivery and aimed at closing the digital divide. A California Public Utilities Commission grant is among the funding sources. READ MORE

False Business Filings May Have Inflated Colorado’s Economic Data In the summer of 2022 the state reduced the filing fee for new LLCs to just $1, triggering a surge in fraud and registration delinquencies. Now the state must deal with the fallout, including the possibility that current business and job numbers are not reliable because of it. READ MORE

FCC Rules Florida Can’t Threaten TV Broadcast Stations The Florida Department of Health issued a letter to local TV stations last week, demanding that they remove ads supporting the state’s abortion amendment within 24 hours or the department would seek criminal charges. READ MORE

Florida Approves Free-Fuel Depots After Hurricane Milton The state has opened a handful of gasoline distribution sites, where residents can go to get 10 gallons for free, to help the state recover from the recent Category 3 storm. But lines to get the free gas are long and supplies are limited. READ MORE

Former Washington Nuclear Site Gets New Life as Solar Farm Plus, the first easily accessible 3D data set of the moon, Scottsdale, Ariz., rolls out drones as first responders, and the amount Amazon has lost on devices powered by Alexa. READ MORE

Generative AI Strategies for Public Sector Success Generative AI is revolutionizing how public sector organizations deliver services. This guide offers insights into building an effective AI strategy tailored to the unique needs of government, healthcare, and education. It covers key considerations such as data management, model selection, and how to responsibly scale AI applications while maintaining security, privacy, and compliance. DOWNLOAD

 

Guide to State and Local Fiscal Recovery Funds (SLFRF) Reporting Requirements Revised in September 2024 to reflect State and Local Fiscal Recovery Funds (SLFRF) program updates, this guide provides an overview of the current SLFRF program reporting requirements -- incorporating the latest changes and clarifications from the Treasury. Whether you're a grant manager in state, local, territorial, or Tribal government, this resource will help you understand SLFRF reporting requirements and deadlines to maintain compliance. DOWNLOAD

Hardest Season for Parks Is Budget Season Parks gained popular and political support during the pandemic. That hasn’t translated into increased funding, especially for smaller neighborhood parks. READ MORE

Hawaii to Boost Power Grid by Harnessing Ocean Waves An 826-ton buoy hooked up at the U.S. Navy's Wave Energy Test Site off the coast of Oahu will be connected to the state's electrical grid by an undersea cable, making a small but important move away from fossil fuels. READ MORE

How Fall Foliage Maps Can Drive Government GIS Advances Minnesota's Fall Color Finder map gets roughly 250,000 views a year, but it isn't just a pretty interface — it's a tool offering lessons in user engagement, accessibility and data governance for governments nationwide. READ MORE

How Mercer County, Pa., Has Managed to Avoid Election Misinformation For many localities across the swing state, election workers are bracing for a flood of conspiracy theories and abuse on Election Day in November. But through its history, culture and grassroots efforts, one Pennsylvania county has a different experience. READ MORE

 

How Much Difference Does a Political Leader Make? Generally not that much when it comes to the economy or utility bills or how bureaucracy functions. But there are some important things they can influence. READ MORE 

How New Orleans Is Leading the Nation in Violent Crime Reduction The FBI’s quarterly data shows there has been a 23 percent decrease in murder nationally. New Orleans, however, has seen a sharper decrease, with a 39 percent drop in murders and less than 100 murders so far this year. READ MORE

How Rural Towns Are Learning to Love ADUs Whether it’s backyard housing or in-law suites, attitudes are changing on accessory dwelling units as a cheaper, quicker route to housing affordability and availability. READ MORE

How Should Pennsylvania Regulate AI? Pittsburgh has a new policy that bars city employees from using generative AI tools with sensitive data from residents. But every state and locality has their own set of rules as there is no federal law to regulate the development and use of AI. READ MORE

How Smart Governments Are Cutting Costs While Better Engaging Residents Your boss will love you when you provide these cost-cutting solutions. Learn to harness the power of digital government and its digital channels to engage residents better and reduce bottom-line expenses. DOWNLOAD NOW

How the National Guard prepares for 'Zero-Coverage' Emergencies When a natural disaster strikes, macro network coverage is generally lacking. No network means no communication, collaboration, coordination or situational awareness for first responders on the front lines. This white paper explains how the National Guard has incorporated advanced networking and communications tools to prepare military organizations for 'zero-coverage' emergencies. DOWNLOAD

How to Bring Modern Solutions to Public Services Read about how the State of Utah and California's DHCS have successfully transformed service delivery using modern solutions. DOWNLOAD

How Two States Handle Cybersecurity Risks from Vendors Third-party risks are a high concern for a significant portion of CISOs, and recently the CISOs of New Hampshire and Kansas made time to discuss how they're handling related challenges in their states. READ MORE

ILTA's 2024 Tech Survey: AI, Cloud, and the Tools Driving Law Firm Efficiency The 2024 International Legal Technology Association (ILTA)... Read the whole entry 

In ‘Liberal’ San Francisco, the Progressive Is the Underdog Aaron Peskin, who is an advocate for community services, rent control and neighborhood preservation, is now an underdog in the famously liberal city’s mayoral race that wants a hard-line approach to homelessness and crime. READ MORE

Is AI the Missing Piece in the Public Procurement Puzzle? A report from the National Association of State Chief Information Officers and the National Association of State Procurement Officials illustrates how AI can support government procurement. It examines use cases and obstacles, too. READ MORE

Is Underground Hydrogen the Key to Alaska’s Clean Energy Future? State geologist Mark Myers hopes that hydrogen deposits in Alaska’s metamorphic rock could be enough to fuel the state’s energy industry. The idea comes from a well in Mali that has fueled one village since 2012. READ MORE

Latest on AI-Powered SecOps Join us for a specialized webinar to access sophisticated intelligence on SecOps strategy. REGISTER NOW

Legacy VPNs are no Match for Today's Cybersecurity Needs See how Zero Trust Network Access (ZTNA) strengthens your security architecture and eliminates exposure to cyber threats. READ ARTICLE

Make Data Your Generative AI Differentiator Learn how to build the right data strategy that gives you a strategic advantage with generative artificial intelligence (AI). DOWNLOAD NOW

Make Redesigning Your Website Fast and Easy Ready to elevate your community's online presence? Download our comprehensive website redesign kit to get expert advice, tailored timelines, and scalable solutions for cities and counties of any size! GET MY CHECKLIST

Misinformation, Online Scams Surging Following Historic Hurricanes Bad actors often take advantage of natural disasters, and especially hurricanes, in times of crisis. Hurricanes Helene and Milton pose significant new online threats, including misinformation and fraud. READ MORE

New York’s Low-Income Broadband Plan May Head to SCOTUS An approved measure was supposed to require Internet providers to offer basic broadband interconnectivity to low-income residents for $15 a month. But a consortium of providers and telecom firms argue that should be the FCC’s job. READ MORE

Newly Launched Govineer Aims for Financial, Utility Billing Three existing government technology firms, including Black Mountain Software, comprise the new company, which said it has 2,000 clients out of the gate. The deal includes backing from Black Mountain owner Peterson Partners, an investment firm. READ MORE

No, Local Election Officials Can’t Block Certification of Results Despite some local officials’ claims that they will not certify election results, there are ample safeguards to ensure that ballots are tabulated accurately and election results are certified in a timely manner. READ MORE

North Carolina Rebuilds Election Infrastructure in Counties Decimated by Helene Voters and voting offices in Western N.C. face unprecedented challenges in finding their bearings, and each other. READ MORE

North Texas Lands New Procurement Tech for Local Agencies Gov tech supplier Civic Marketplace is offering a procurement platform backed by AI for the North Central Texas Council of Governments. The deal could promote more use of cooperative purchasing, according to backers. READ MORE

 

Oakland, Calif., Will Keep Gunshot-Detection System After a passionate debate about the value of ShotSpotter, the Oakland City Council approved Tuesday a new contract for the network of sensors that alerts police to gunshots. READ MORE

 

One Month Later: Spokane Schools Are Doing Fine Without Cellphones Spokane, Wash., Public Schools banned students from using their phones in class at the start of this school year. Teachers have found the new policy to be a “nonissue” that has resulted in better engagement, even when phones are allowed. READ MORE

Oregon May Be First State to Tax Large Companies and Send the Money to Residents The initiative commonly known as the Oregon Rebate would increase the minimum tax on large businesses by 3 percent and send the cash to all residents, guaranteeing them a minimum income.  READ MORE

 

Preparing for Increased Fire Activity and Risk to Lives and Property Wildfire season is getting longer, more destructive, and has secondary hazards: flooding, erosion, and mudflows. CONTINUE READING

RapidSOS Hopes to Make Commercial Truck Driving Safer The public safety technology provider is teaming up with transportation firm Motive to offer more accident data for truck-driving accidents. The move comes as trucking faces several serious challenges. READ MORE

 

Resident-Centric ‘Any Door’ Project Will Be Boosted by AI Washington, D.C., CTO Stephen Miller describes a large-scale modernization project that aims to reorient government services so residents can quickly get what they need no matter how they got there. READ MORE

 

San Francisco Bill Would Require City Catalog AI Uses  Hilary Ronen, a supervisor at the consolidated city-county, has drafted legislation that would compel officials to list how and where artificial intelligence is used. Transparency is a main goal: “We’re not prohibiting any uses” of AI, she said. READ MORE

 

Security Operations Management Sessions See our virtual trainings for best practices on centralized management, AI Powered detection and incident response readiness. LEARN MORE

Several Major Systems Due for Modernization in Hawaii Chief Information Officer Christine Sakuda explains how the COVID-19 pandemic highlighted the need to update older technologies, but the state workforce will also need new skills to support modern services. READ MORE

Smart Cities Evolve Beyond Devices to Become More Local The concept of a “smart city” or “connected community” has been around for decades, but experts argue the meaning of the term, and the expectations around it, have changed in recent years. Residential input remains vital, city leaders explain. READ MORE

 

Smart Strategies to Safeguard Digital Transactions and Prevent Fraud Accurate identity verification is foundational to expanding government digital services. READ ARTICLE

Sonoma County, Calif., Court Documents Exposed in Breach Proceedings are expected to continue as normal after Sonoma County Superior Court documents were exposed in a data breach this week, county officials said Wednesday. READ MORE

States Have Big Climate Plans, but November Could Change Them Both red and blue states across the nation have emission reducing plans that are dependent on federal funds from the Inflation Reduction Act. Depending on who is elected in November, available funding could change. READ MORE

The GenAI Advantage: Using Data as a Differentiator This guide explores the transformative potential of generative AI and emphasizes the importance of data as a key differentiator in successful AI initiatives. It outlines how leaders can position their data at the heart of their AI strategies to unlock new value and deliver more personalized services. It covers data foundation, fine-tuning AI models, and strategies to maximize value from generative AI. DOWNLOAD

 

The Old — and New — Challenges Our HBCUs Face We continue to underfund them, their student bodies are becoming more diverse, and their values are under political assault. We need to preserve the cultural significance of these important institutions. READ MORE

The Path to Prosperity Value the voices of those who have experienced poverty. See what they said about economic mobility. LEARN MORE

The Rare Governor Who's Becoming a Mayor Term-limited as governor of Delaware, Democrat John Carney decided to cap his career with a stint as mayor of Wilmington. READ MORE

The Rise and Reign of Remote Work: A Decadelong Breakdown of America's WFH Evolution Working from home has dramatically changed over the past 10 years, as technology developments and the pandemic have radically changed the workplace landscape. The number of remote workers is now nearly triple what it was in 2014. READ MORE

 

The Technology Path to Human-Centered Procurement Outdated, expensive systems fail to deliver for government or the public. Procurement technology needs to be simpler, clearer and faster for everyone. READ MORE

Three States Discuss Tackling Cybersecurity Staffing Needs Tech leaders from Kansas, Nebraska and New Hampshire recently shared insights into building talent pipelines, bringing on interns and other strategies to maintain robust workforces. READ MORE

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Three Years in, Missouri Cyber Commission Awaits Members A state-level Cybersecurity Commission, enacted by law in 2021, is required to meet quarterly at a minimum, and to report annually to Gov. Mike Parson. The governor, however, has not appointed any commission members. READ MORE

Upgrading Tech Skills for Municipal and State Agencies Whether it be moving to the cloud or adopting artificial intelligence, the technology needs of government continue to evolve, and agencies must make sure that their technologists' skills evolve as well. READ MORE

Washington to Use Drones to Track Seals and Sea Lions Starting this fall season, Washington will use drone technology to monitor the local seal and sea lion populations, the state's Department of Fish and Wildlife announced last month. READ MORE

Wealthy Governor, Billionaire Family Changed Nebraska Elections New analysis shows the breadth of Nebraska campaign giving by Pete Ricketts and his parents, which spiked when he ran for governor and spiked again to support Jim Pillen, who soon appointed Ricketts to the U.S. Senate. READ MORE

Westmoreland County, Pa., Recovers $800K from Cyber Scam Officials at the Municipal Authority of Westmoreland County said the entity, a water and sewer utility, recovered more than $826,000 stolen in a “vendor impersonator” phishing scheme. This, an expert said, is a rare occurrence. READ MORE

What Do State Governments’ Public AI Inventories Reveal? Some states are pulling back the curtain on their use of artificial intelligence in government, creating public inventories showing which agencies use AI, the types of systems and their potential impact on citizens. READ MORE

 

What’s New in Digital Equity: Highlights from DIW 2024 Plus, a federal digital equity program received hundreds of applications, a tracker illustrates the rising trend of digital service teams, new research quantifies the positive effects of fiber broadband on rural communities and more. READ MORE

Whatever Happened to the Hatch Act?  Law enforcement officials aren’t supposed to appear in campaign ads showing a badge or wearing a uniform. But lots of them are doing it. READ MORE

Who’s Shaping the Next Generation of Identity Solutions? Join the Identity event of the year, Oktane, online, on October 16th Okta to hear keynotes and product sessions. REGISTER NOW

Why Tighter Budgets Might Be Better for States in the Long Run States have been awash with cash in recent years. Those that didn’t make spending increases permanent are now in better shape. READ MORE

Will There Be a Rust Belt Defense Complex? Struggling midwestern cities may have a future in military manufacturing. READ MORE

 

 

Federal district court dismissed a complaint challenging an employer's COVID-19 policies and vaccination mandate as moot and for other procedural defects

Plaintiff, proceeding pro se, sued his former employer, the New York City Department of Education [Department], for alleged violations of the Americans with Disabilities Act [ADA], claiming unlawful discrimination and retaliation in connection with the implementation of the Department's COVID-19 policies and a vaccination mandate. 

Plaintiff had filed a charge with the Equal Employment Opportunity Commission [EEOC] claiming that the Department’s policies did not recognize his right to refuse treatment for his perceived disability and that the Department threatened to fire him in response to his assertion of his rights.* After receiving a "right to sue" letter, Plaintiff initiated a lawsuit in federal district court.

The federal district court granted the Department’s motion to dismiss Plaintiff's complaint, "reasoning that [Plaintiff's] complaint was moot to the extent that he raised a direct challenge to the since-withdrawn COVID19 policy; the complaint was time-barred because it was filed 98 days after the right-to-sue letter was dated and was therefore late by eight days; and, on the merits as Plaintiff "otherwise failed to plead sufficient facts to state ADA discrimination and retaliation claims". Plaintiff appealed the district court's decision.

Considering the issue of "Mootness", the Circuit Court of Appeals agreed with the Department's argument "to the extent that [Plaintiff] challenges the Department’s COVID-19 policies and vaccine mandate, his claims are moot, since the policies have since been rescinded." 

Citing Janakievski v. Exec. Dir., Rochester Psychiatric Ctr., 955 F.3d 314, the Circuit Court opined that a case becomes moot “when it is impossible for a court to grant any effectual relief whatever to the prevailing party.” However, the court noted that "Withdrawal of COVID19 restrictions will not necessarily moot the case where litigants ‘remain under a constant threat’ that government officials will use their power to reinstate the challenged restrictions".

The Circuit Court of Appeals explained that as a plaintiff must demonstrate a reasonable expectation of repetition that is “more than a mere physical or theoretical possibility” an order to escape a mootness dismissal, a plaintiff must allege facts to establish “a reasonable expectation of repetition” and "the district court was therefore correct in finding that [Plaintiff's] claim challenging the validity of the Department’s COVID policy is moot" as he had failed to allege any such facts.

In addition, the Circuit Court of Appeals noted the federal district court properly concluded that Plaintiff's complaint was time barred, although it's calculations differ somewhat from that of the district court’s and Plaintiff's complaint would fail on the merits. 

Citing Sharikov v. Philips Med. Sys. MR, Inc., 103 F.4th 159, the Circuit Court said it had rejected arguments substantially the same arguments as those advanced here by Plaintiff and a plaintiff is not “regarded as being disabled” or subject to a “record of” a disability by the application of a company-wide COVID-19 mitigation policy because the neutral application of a company-wide policy does not single out any employee for discriminatory treatment.

Addressing Plaintiff's claim that the Department retaliated against him for opposing and protesting the policy, the court held that "This claim fails because [Plaintiff] did not plead but-for causation and as in Sharikov, the allegations in the [c]omplaint make clear that he was fired because of his failure to comply with the vaccine policy, not because he invoked the ADA."

The Circuit Court of Appeals then affirmed the judgment of the federal district court.

* EEOC dismissed Plaintiff's charges and issued Plaintiff a right-to-sue letter, informing Plaintiff of his right to file a federal lawsuit within 90 days of his receiving such notice.

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

New York State Comptroller Thomas P. DiNapoli releases State Department and Agency audits

On October 16, 2024, New York State Comptroller Thomas P. DiNapoli issued the following State Department and Agency reports.

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

Empire State Development – New NY Broadband Program (Follow-Up) (2024-F-10) The New NY Broadband Program (Program)—launched in 2015 and managed by the Broadband Program Office (BPO), a division of Empire State Development (ESD)—was designed to ensure that every New Yorker had access to high-speed broadband. A prior audit, issued in July 2022, found BPO effectively monitored and managed the Program; however, the Program did not achieve its overall goal of providing statewide broadband availability. In March 2021, BPO officials stated more than 14,000 households were unserved or underserved. ESD made progress in addressing the problems identified in the initial audit report. Of the initial report’s three recommendations, one was implemented, one was partially implemented, and one is no longer applicable.

Department of Health – Oversight of the Early Intervention Program (Follow-Up) (2024-F-3) The mission of the Early Intervention Program (Program) is to identify and evaluate as early as possible those infants and toddlers whose healthy development is compromised and provide appropriate intervention to improve child and family developments. The Department of Health (DOH) oversees both the Program and its contracts with the 57 counties in the State and New York City that administer the Program at the local level. A prior audit, issued in February 2023 found that many children who could benefit from the Program weren’t receiving services, and children who were receiving services weren’t always getting them in a timely manner. DOH made some progress in addressing the issues identified in the initial audit; however, additional actions are needed. Of the initial report’s five audit recommendations, one was implemented and four were partially implemented.

State Education Department – Privacy and Security of Student Data (Follow-Up) (2024-F-11) The State Education Department (SED) is part of the University of the State of New York, one of the most complete, interconnected systems of educational services in the United States. SED is responsible for safeguarding its data and ensuring the confidentiality, integrity, and availability of its systems. A prior audit, issued in May 2023, found that SED did not fully comply with its policies related to information security and data privacy, including completing the data classification for all types of information that it creates, collects, processes, or stores, some of which contain students’ personally identifiable information. SED officials made significant progress in addressing the problems identified in the initial audit report. Of the initial report’s three audit recommendations, two were implemented and one was partially implemented.

Office of Information Technology Services – Windows Domain Administration and Management (Follow-Up) (2024-F-12) The Office of Information Technology Services (ITS) is responsible for maintaining Active Directory domains on behalf of the State’s Executive agencies. Because Active Directory and associated domain controllers ultimately control access and authorization in a Microsoft Windows environment, it is vital to ensure that appropriate controls are in place and that policies and standards are being adhered to. A prior audit, issued in May 2023, determined ITS did not have certain security controls in place, according to several ITS policies and standards, to ensure appropriate management and monitoring of its Active Directory environment. ITS officials made progress in addressing the problems identified in the initial audit report. Of the confidential report’s six audit recommendations, three were implemented, two were partially implemented, and one was not implemented.

Workers’ Compensation Board – Assessment of Costs to Administer the Workers’ Compensation Program for the Three State Fiscal Years Ended March 31, 2023 (2024-M-1) The purpose of this report was to ascertain the total expenses that the Workers’ Compensation Board (Board) incurred in administering the Workers’ Compensation Program (Program) for the three State Fiscal Years ended March 31, 2023. The Office of the New York State Comptroller performed certain procedures, which were agreed to by the Board, to ascertain the Board’s expenses. Annual expenses to administer the Program averaged about $214.1 million. 

State Education Department (Preschool Special Education Audit Initiative) – Adaptive Solutions Multi Services, PLLC – Compliance With the Reimbursable Cost Manual (2022-S-48) Adaptive Solutions Multi Services, PLLC (Adaptive Solutions), a New York City-based proprietary organization, is approved by the State Education Department (SED) to provide special education services to children with disabilities who are between the ages of 3 and 5 years. For the 3 fiscal years ended June 30, 2018, Adaptive Solutions reported approximately $11.2 million in reimbursable costs for the SED preschool cost-based programs. Auditors identified $803,921 in reported costs that did not comply with requirements.

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Supreme Court denies defendant's motion to disqualify plaintiff's attorneys from representing the plaintiff

Defendant, individually and in his capacity as investigative consultant to the Onondaga County Board of Ethics, moved to disqualify Plaintiff's attorneys from further representation of Plaintiff in the underlying action on the ground that "they were interested witnesses whose testimony would be necessary and relevant to the action."

Supreme Court denied Defendant's motion, whereupon Defendant appealed Supreme Court's ruling. The Appellate Division unanimously affirmed the lower court's decision.

In the words of the Appellate Division: "We conclude that [Defendant] failed to meet his "burden of making 'a clear showing that disqualification is warranted' ", citing  Lake v Kaleida Health, 60 AD3d 1469 and S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 NY2d 437.

Accordingly, said the court, "Supreme Court thus did not abuse its discretion in denying the motion (see generally HoganWillig, PLLC v Swormville Fire Co., Inc., 210 AD3d 1369)."

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

Access to certain public records pursuant to New York State's Freedom of Information Law may be barred under certain circumstances

Petitioner in this CPLR Article 78 action challenged the New York State Department of Financial Services' [DFS] denial of Petitioner's Freedom of Information Law (FOIL) request seeking "all documents and information received from third parties related to a ... consent order entered into between DFS and Deutsche Bank AG, Deutsche Bank AG New York Branch, and Deutsche Bank Trust Company of the Americas [Deutsche Bank]." Supreme Court dismissed the petition and the Appellate Division affirmed the lower court's ruling.

In Matter of Lane v County of Nassau, 221 AD3d 1008, among other decisions, New York courts have acknowledged that New York State's Freedom of Information Law [FOIL] is founded on the premise that the public is vested with "an inherent right to know and that official secrecy is anathematic to our form of government" and "FOIL ... imposes a broad duty on government agencies to make their records available to the public."

However, §36(10) of New York State's Banking Law provides that with respect to all reports of examinations and investigations, "correspondence and memoranda concerning or arising out of such examinations and investigations ... shall not be made public unless, in the judgment of the superintendent [of Banking], the ends of justice and the public advantage will be subserved by the publication thereof ...."*

The documents pursuant to FOIL in this instance were provided by Deutsche Bank to DFS during the course of its investigation of an alleged money laundering scheme by Danske Bank's Estonian branch. Accordingly, opined the Appellate Division, documents requested by Petitioner fall squarely within the ambit of Banking Law §36(10) and, in this instance, DFS has interpreted "correspondence," as the term appears in the Banking Law provision, to include not only written communications such as emails and letters, but also documents attached to, enclosed with, or obtained through its correspondence with regulated entities.

The Appellate Division sustained the Supreme Court's decision, opining "As the agency responsible for the administration and implementation of §36 of the Banking Law, DFS' construction of the statute is entitled to deference, as its interpretation is rational", citing Matter of Brooklyn Assembly Halls of Jehovah's Witnesses, Inc. v Department. of Envtl. Protection of City of N.Y., 11 NY3d 327 and Matter of Partnership 92 LP & Bldg. Mgt. Co., Inc. v State of N.Y. Div. of Hous. & Community Renewal, 46 AD3d 425, affd 11 NY3d 859. 

Further, the court held "DFS's interpretation of 'correspondence' does not deviate from the statutory language or legislative history" nor does state law require DFS to provide "an index of withheld documents or explain which records are exempt and why they cannot be produced or redacted".

* N.B.  The release of certain public records may be limited by statute. Examples of such limitations are set out in Education Law, §1127 - Confidentiality of records and §33.13 of the Mental Hygiene Law. 

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