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

November 09, 2024

Links to selected items focusing on governmental operations posted on the Internet during the week ending November 8, 2024

$1M from Feds to Boost Broadband in Rural Loveland, Colo. Community Connect, a grants program through the U.S. Department of Agriculture, has awarded Internet service provider Loveland Pulse more than $1 million to extend broadband to residents of Big Thompson Canyon and to Viestenz-Smith Mountain ParkREAD MORE

2024 Election Will Test the New Way States Appoint Presidential Electors After the Jan. 6, 2021, attack on the U.S. Capitol, Congress enacted the Electoral Count Reform Act, which mandates that states choose their electors on Election Day. This is the first election with the new law. READ MORE

4 Ways to Get Ready for AI in Transportation Read about the steps transportation agencies need to take in four areas: data, workforce, cybersecurity and collaboration. DOWNLOAD

5 Governors Want Quick Action Against Rising Electric Bills The governors of Illinois, Maryland, Delaware, New Jersey and Pennsylvania have called on an electric grid operator to take “swift action” on  record-setting electricity prices during times of high demand. READ MORE

5 Ways Secure Cloud Infrastructure Fuels Innovation Read highlights of success stories showcasing how organizations accelerate time-to-market, focus on user outcomes, increase agility, manage risks, and optimize resources. DOWNLOAD

A New Wave of Investments in Urban Downtowns Cities are pulling on a variety of tools to remake post-pandemic downtowns as multipurpose neighborhoods. READ MORE

Accelerating the Public Sector's Zero Trust Journey This eBook provides a comprehensive roadmap for building a Zero Trust architecture, offering key principles, real-world use cases, and practical steps for implementation to enhance security and business agility. DOWNLOAD

Are You Ready for Copilot? Learn how Copilot for Microsoft 365 can help your organization reimagine workflows and processes. GET THE READINESS ADOPTION GUIDE

Aurora, Ill., Considers Consultant to Develop AI Policy Aldermen are set to vote next week on hiring an expert to help create a strategy on the use of generative artificial intelligence. The Finance Committee recently recommended hiring International Data Corp. to consult on a GenAI road map. READ MORE

Build Your State and Local Government AI Roadmap Learn how to develop a step-by-step AI adoption roadmap to help your organization achieve its goals. DOWNLOAD THE ROADMAP

Calhoun County, S.C., Moves to Improve Network Security County Council members have unanimously approved a contract with Verinext to offer managed service on top of existing security protocols. The action follows the recommendation of an audit last year to upgrade the cybersecurity network. A federal grant may pay roughly half the cost. READ MORE

California High Schoolers Create AI Fact-Checking Tool  An advanced computer science course at Amador Valley High School in California gives students hands-on experience with emerging technologies. One project challenged them to create an AI-powered fact-checker. READ MORE

Can Michigan’s Thermal Cameras Curb Costly Bus Collisions? As Michigan invests in thermal cameras to reduce bus collisions, a Government Technology analysis reveals the extent to which low light and adverse weather may contribute to these incidents. READ MORE

China’s Very Real Cyber Threat to Our Critical Infrastructure If it moves on Taiwan, it’s likely that China would try to distract the United States by attacking our water, power and communications systems. It’s already demonstrated those capabilities here, and we need to be better prepared. READ MORE

Cloverleaf AI Raises $2.8M to Help Gov Tech Suppliers The company’s platform is designed to give vendors early insights into RFPs and other public business via analysis of government meetings. The company’s CEO says Cloverleaf has big plans for 2025. READ MORE

Cyber Trends: Keep an Eye on Critical Infrastructure Sectors Significant cyber events from the year, like the CrowdStrike incident, tell us which critical infrastructure sectors are most at risk. What are governments doing to prepare for the new year? READ MORE 

Dark Money Group Funds Misleading Election Ads Across New York Vote NO on Prop One, a shadow group registered as a ballot issue committee against New York state’s Proposition 1, has spent nearly $5 million on misinformation ads for radio, television and streaming services. READ MORE

Digital Cities 2024: Advancing Responsible AI and Customer-Focused Innovation Winning cities in the 2024 Digital Cities Survey are not only modernizing their IT infrastructure — they're investing in digital equity programs, upgrading resident-facing services and prioritizing data security. READ MORE

Ensure Equitable Social and Economic Outcomes for Everyone in Your Community Bolster the conditions that advance upward mobility and racial equity. EXPLORE STRATEGIES

Flock Safety Puts Its Tools to Use Against Sideshows The supplier of public safety tech wants to help police crack down on the illegal automotive stunts, which have resulted in deaths and injuries. The new tool also provides real-time law enforcement alerts. READ MORE

Food and Agriculture Sector Eyes Cybersecurity Threats The director of the sector’s ISAC spoke recently about ransomware and other threats. Plus, a tabletop exercise revealed ways to improve public and private response to a major attack on the sector. READ MORE

For Dallas City Hall, a ‘Wake-Up Call’ from Election Results Local officials are sorting out the impacts from the approval of 16 propositions. Voters rejected salary increases for councilmembers, tightened term limits and streamlined pathways to sue officials. READ MORE

From Cybersecurity to Smart Tech: Insights for Event-Ready Cities Is your city prepared to manage cybersecurity risks for large-scale events? As the world turns its focus to the 2026 World Cup, local governments hosting or supporting big gatherings face heightened security demands. DOWNLOAD

Georgetown University’s Beeck Center Launches Tech Fellowship The Washington, D.C., nonprofit has introduced an Innovation and Incubation Fellowship to drive technology work that enhances accessibility and equity in government services. Its first fellow hails from the U.S. Digital Service. READ MORE

Gov Tech Biz Quarterly Roundup: Q3 2024 With Jeff Cook Market expert Jeff Cook is noting steady activity as the gov tech market looks toward a possible busy period to start 2025. Notable moves included Cloudpermit, Motorola Solutions, Granicus and Schneider Geospatial. READ MORE

Government Implications from the ISC2 2024 Cyber Workforce Study ISC2 just released their 2024 cyber workforce report, and the key findings are eye-opening for public-sector employees. Here’s what you need to know. READ MORE

Help Communities Become Hubs of Economic Opportunity Opportunity-rich and inclusive communities are central to supporting families’ stability, access to social and economic opportunities, and children's chances to succeed. LEARN HOW

HIPAA Not ‘Strong Enough’ for Health Care’s Cybersecurity Needs  As ransomware and other cyber attacks hit the health-care sector, organizations need to follow stronger security guidance, panelists said during a recent webinar. READ MORE

How a Small Government Team Efficiently Manages Grants for Big Impact Discover how Cache County, Utah, streamlined its grants management process using a specialized platform. DOWNLOAD

How Can You Use Copilot in Government? Learn how Microsoft Copilot can help transform government processes, streamline operations, and improve citizen services. ACCESS THE SCENARIO LIBRARY

How Have Pittsburgh Schools Been Teaching About Tomorrow’s Election? Amid an especially tense and unprecedented cycle, Pittsburgh schools are using the election as a way to energize students about civics education. READ MORE

How Sugar Land Became the Test City for Flying Taxis The Texas city has just 4 percent of land left to develop, making future development above ground more appealing. The city is considering air taxis, Uber-like gondolas and other aerial solutions to further develop microtransit. READ MORE

How Will Generative AI Change Cybersecurity Teams? A global study finds almost half of government cybersecurity professionals expect generative AI to end the need for certain cyber skills or cyber roles. READ MORE 

Imagine How AI Can Empower Your Organization AI has the potential to revolutionize how governments interact with citizens and how the public workforce addresses society’s challenges. Learn how. START THE LEARNING PATH

In 2024, the Powerful Potential of AI Took Hold The transformative power of AI was embraced by many state and local governments this year. Dedicated AI leadership positions and task forces have emerged to guide responsible use. READ MORE

Is Your Team Ready for an AI Powered Workplace? Whether you are an organizational leader or an IT professional, M365 Copilot can help increase productivity. Discover free trainings to answer your top questions on how to use generative AI in your role. REGISTER TODAY

IT Leaders Level Up IT Service Management Public Sector IT leaders are leveraging no-code automation from TeamDynamix to improve IT service desk outcomes. READ MORE

Las Vegas Police Use of Encrypted App Causes Transparency Concern Some Metropolitan Police officers use Signal, a communication app known for its end-to-end encryption and disappearing messages, which raised concerns about whether the department is in compliance with the state’s public records law. READ MORE

Miami IT Leader Is Out, Veteran City Exec Named Interim CIO The departed CIO is a career technologist who has led IT at county and city levels. His replacement has more than 22 years’ experience with Miami, most recently in managing Oracle enterprise resource planning work. READ MORE

Modernizing IT Service in the Public Sector Public Sector IT leaders are using no-code ITSM from TeamDynamix to reduce time spent on manual tasks. LEARN MORE

Opinions Mixed on Data Center Campus in Stillwater, Okla. The City Council heard testimony for and against the project Monday ahead of a final vote on whether OG&E can power the planned center. Actions on an accompanying development agreement plan and tax incentive pact were continued to Dec. 2. READ MORE

Pennsylvania Launches Grant Search Tool for Funding Seekers Information about grants was previously scattered across numerous agency websites, making it difficult for applicants to know what programs are available, whether they qualify, and how to apply. READ MORE

Prepare Your Organization for Microsoft 365 Copilot GCC M365 Copilot GCC has the power to enhance productivity for government entities. Prepare for general availability with adoption resources. GET ADOPTION RESOURCES

Public Pensions and a Chance to Damp Down the ESG Wars After a decade of increasing popularity among endowment funds and pensions, its use in investment decisions is coming under increasing political attack. Financial analysts — and perhaps AI — may be able to point the way to a safer middle ground. READ MORE

State and Local Govts Boost Accessibility in Digital Services This year, local and state governments increased access to digital services for people with disabilities, in part due to a new ruling from the DOJ. READ MORE

Texas Hospitals Will Now Ask Patients About Citizenship Status Under a new executive order by Gov. Greg Abbott, hospitals that participate in Medicaid or the Children’s Health Insurance Program will be required to ask patients to reveal their citizenship status. READ MORE

The Case for Cooperative Procurement Arizona's Cooperative Purchasing Program serves more than 1,000 agencies and nonprofits across the U.S. This paper explains how the state used a "source to pay" model to drive value, boost efficiency and grow its supplier base. DOWNLOAD

The Minnesota Model for Getting Unemployment Insurance Right Like some of its Midwestern and Northwestern neighbors, it put the program on a solid fiscal foundation. California and New York show the consequences of failing. READ MORE

The Nation's Leading Legislative Election Forecaster Is 25 Years Old Chaz Nuttycombe started making election predictions as a kid. He's turned the pursuit into a business that pros rely on. READ MORE

The Untold Story of Connecting Rural America See how dedicated broadband crews face and conquer the challenges of bringing internet access to rural America. Stream “Every Last Mile” now at EveryLastMile.film. WATCH NOW

The Value of Microsoft 365 Copilot Copilot for Microsoft 365 can transform government organizations by making them more efficient, secure, and adaptable. DOWNLOAD THE FORRESTER REPORT

Three Steps for Getting Started with AI Chatbots Real-world government examples show how AI chatbots can transform service delivery for constituents and improve efficiency for public sector employees. DOWNLOAD

To Be Cyber Resilient, Put Critical Infrastructure First Cybersecurity is around-the-clock work, but panelists at the Southern Florida Digital Government Summit offered several ideas for keeping operations secure. Generative artificial intelligence, one official said, is moving humans away from operations. READ MORE

Transit Turns to Camera Enforcement to Keep Bus Lanes Clear Transit pilot projects in Los Angeles and Chicago are deploying camera technology to identify vehicles blocking bus lanes and issue citations. The programs are designed to make the services more efficient. READ MORE

Transit, Micromobility Make It Easier for Voters to Turn Out Transportation systems around the country will be fare-free on Election Day, removing a potential barrier to voting. One company has also done a vehicle wrap to encourage the more tech-savvy to register. READ MORE

Translation Tech Expands Voter Access in Georgia County A new language translation solution in Athens-Clarke County, Ga., aims to expand voter access and turnout by residents with limited English proficiency. Ensuring everyone can participate is vital, the county elections director said. READ MORE

Virginia Modernizes Websites, Advises Others: ‘Start Today’ The Virginia Information Technologies Agency is spearheading work to improve the accessibility and usability of state sites. It is providing oversight, tools and resources to other agencies to update their online presenceREAD MORE

W.Va. Senator Confronted Opponents to Deliver School Vouchers Driven by personal experience and an inclusive vision, Patricia Rucker is leading the campaign for universal school choice across her state. An advocate for comprehensive legislation, she supports a range of educational options. READ MORE

Walmart to Test Autonomous Drone Delivery in Princeton, Texas The company will field test its fully autonomous drone delivery service in the city, which it has designated an “innovation hub.” City Council members have approved new zoning laws, affording some control over drone activity. READ MORE

What’s New in Digital Equity: Art Seeks Awareness in Dallas Plus, additional states have been awarded federal funding from the Digital Equity Act; St. Louis, Mo., is installing free Wi-Fi in parks; Yolo County, Calif., preserves free digital literacy classes in Spanish; and more. READ MORE

Year in Review 2024: AI Impacts All Areas of Gov Tech The biggest news in artificial intelligence, accessibility, cybersecurity, ed tech, government experience and public safety. Our annual review of the top headlines from 2024 also looks at what’s in store for state and local IT next year. READ MORE

Young Adults Fuel the Revival of Rural, Small Towns For decades, young people chose to move to cities and large metros for greater opportunity. Since the pandemic, that migration has reversed. READ MORE

 

November 08, 2024

The anatomy of the denial of Plaintiff's request for a religious exemption from an employer's COVID-19 vaccination requirement

Plaintiff challenged the determination of the City of New York Reasonable Accommodation Appeals Panel's [Panel] denying Plaintiff's request for a religious exemption from the COVID-19 vaccination requirement for New York City employees and asked Supreme Court to direct the reinstatement of Petitioner's employment. Supreme Court granted Plaintiff's petition in part and annulled the challenged determination as arbitrary and capricious.

The Appellate Division unanimously modified the Supreme Court's ruling "on the law and facts" and denied Plaintiff's CPLR Article 78 petition "in its entirety", without costs.

The Appellate Division opined that Plaintiff "failed to demonstrate that the denial of her application [for a religious exemption] was arbitrary and capricious or affected by an error of law", finding that the Panel had provided a sufficient explanation for its decision, stating that its decision "was based on the reasoning set forth in the denial letter from respondent New York City Police Department (NYPD)." That denial letter, said the court, in turn, found that Plaintiff's application contained "a generic statement that does not support [her] request," relied on false information or misinformation, "failed to explain how [her] religious tenets conflict with the vaccine requirement," and "had no demonstrated history of refusing medications or vaccines".

Concluding that Supreme Court "should not have rejected either the information supplied in the verified answer or two affirmations submitted by respondents," the Appellate Division observed "[W]here, as here, there was no administrative hearing, an agency may submit an official's affidavit to explain the information that was before the agency and the rationale for its decision." The Appellate Division also noted it "may consider such an affidavit even though it was not submitted during the administrative process", citing Matter of Marsteller, 217 AD3d at 544.

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


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