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

February 22, 2025

Links to selected items focusing on governmental operations posted on the Internet during the week ending February 21, 2025

A Path from Welfare to Self-Sufficiency Safety net systems should be integrated with workforce support programs. Mostly they aren’t. More states should implement the kind of “One Door Model” that has proven effective in Utah. READ MORE

A Reasonable Disciplinary Penalty Under the Circumstances - This ebook focuses on determining an appropriate penalty to be imposed on an employee in the public service found guilty of misconduct. For more information click HERE

AI and Cloud Strategies for State and Local Agencies This guide explores how AI-powered tools and cloud infrastructure can help government agencies overcome the challenges of tight budgets and aging infrastructure. Case studies from California and Utah demonstrate the transformative impact of these strategies, saving dollars and accelerating service delivery. DOWNLOAD 

AI in Fraud Prevention and Identity Verification: Separating Fact from Fiction Explore how the public sector is approaching one of today’s most critical challenges: digital identity. WATCH VIDEO

AI in Law Firms: Ethics Committees Are Clearing the Path Forward Whenever new technologies become available to lawyers, ethical concerns initially pose a significant hurdle to adoption notes Rochester, N.Y. attorney Nicole Black. Click HERE for more information.

ANNOUNCING CDG-NACo’s Digital Counties Survey 2025! The Center for Digital Government and National Association of Counties invite all U.S. counties to participate in the Digital Counties Survey. DIGITAL COUNTIES SURVEY ONLINE

Are Libraries the New 'Third Place' We're Looking For? They just might be. They’re doing a lot of things that don’t have much to do with books but do have a lot to do with community. And you don’t hear “Shhh” much anymore. READ MORE

Avoiding an AI-Driven Energy Availability Crisis This thought leadership paper details what state technology leaders need to do to prevent an energy availability crisis as well as any cyberattacks that can threaten the nation's power supply. Read more to find out your state can act now to ensure energy security as GenAI use increases! DOWNLOAD

Bill Could Broaden Firms’ Liability Protection in Breaches A proposed law in Nebraska would keep companies from being held liable in class-action lawsuits over data breaches unless the breach was caused by their own “willful, wanton, or gross negligence.” READ MORE

California Lawmakers Propose Crackdown on Power-Guzzling Data Centers A spate of new bills in California and other states would protect consumers from electricity rate hikes that subsidize data centers. READ MORE

Can a Revamped FDIC Better Protect the Public Purse? Important federal deposit insurance rules and possibly its entire regulatory apparatus could come into play in Washington this year. State and local treasurers need to focus on vital public and fiduciary interests. READ MORE

Can Marijuana Sales Bring Pennsylvania $1 Billion in Revenue? Gov. Josh Shapiro has again proposed legalizing recreational marijuana in his budget. The governor believes the state can bring in $1.3 billion in revenue in the first five years of legalization. How are other states faring?  READ MORE

Checklist: Steps to Centralize Your Grant Management Use this checklist to spot the signs that it's time to centralize your grant management and then create a roadmap for improving operations and shoring up compliance. DOWNLOAD

Could This Texas Tax Break Proposal Help Parents Find Affordable Child Care? Texas lawmakers are exploring tax incentives to help businesses provide affordable child-care options, aiming to address the state's child-care shortage and support working families. READ MORE

Despite Disruptions, Hope for Federal Employees Who Stay While attention is on federal government staff who are leaving, my focus is on those who remain. I’d like to offer personal experiences and lessons learned from government cuts and reorgs during my time with Michigan IT. READ MORE

Empowering Government to Take Control of Their Cyber Defense [March 4] Join us for a live webinar where technology experts will introduce the "Defender's Advantage" framework - the concept that governments are defending against cyber attacks in their own environment. REGISTER

ERP Supplier BS&A Strengthens Its Hand Via Boyce Acquisition Local governments use BS&A software for budgeting, taxes, licensing and other activities. Boyce, strong in Indiana, sells similar services to cities, schools and utilities. The deal follows a big investment in BS&A. READ MORE

Five Pillars that Support Upward Mobility Discover how housing, education, good jobs, health, and governance create the foundation for economic success, dignity and belonging, and power and autonomy for all. LEARN MORE

Forty-seven Tips for Public Records Management Managing public records requests requires more than just compliance - it’s about efficiency, transparency, and building trust. This checklist delivers actionable tips, from optimizing workflows to streamlining response processes, all aimed at easing your workload. DOWNLOAD

Get the latest 5G devices for the front lines. Stay connected when it matters most with Verizon Frontline. LEARN MORE

Housing Assistance Is Facing Cuts. State and Local Agencies Are Preparing Reported plans to cut staff in the Department of Housing and Urban Development, along with proposed budget cuts and the Trump administration’s funding freeze, have worried administrators of state and local housing programs. READ MORE

How Women Are Shaping the Future of Public Service A new standalone special issue of Governing highlights the outstanding work being done by women in state and local government leadership -- and the policies and programs that will ensure the public sector is a welcoming and supportive workplace for tomorrow's women leaders. READ NOW

Iceland Harnesses Solar Power from Outer Space Plus, the world's fastest supercomputer can compute 2.7 exaflops, an AI system generates street images from an audio recording, and a 3D printable add-on uses the heat of a PS5 to keep pizzas warm. READ MORE

In Peachtree Corners, Ga., Smart Crosswalk Alerts Vehicles The crosswalk, near a middle school, is a pilot between the city and a maker of intelligent signal and traffic management technology. Its traffic detector with artificial intelligence detects people and cars nearby. READ MORE

It's Time to Consolidate Cybersecurity Regulations An ever-growing number of regulations and standards leaves many government cyber experts wondering if more guidelines necessarily equate to better cybersecurity. READ MORE 

L.A. Considers Permit Self-Certification to Speed Up Post-Fire Rebuilding In the wake of recent wildfires, L.A. officials are exploring a self-certification program for building permits to accelerate the reconstruction of homes, aiming to streamline bureaucracy and cut down on approval wait times. READ MORE

Long-Serving Napa County, Calif., CIO Retiring This Month Jon Gjestvang, who led IT for the Bay Area county through wildfires and the COVID-19 pandemic, will wrap his 23-year career as CIO at the end of February. The organization’s deputy CIO will take over as interim CIO. READ MORE

Mass. Invests in Quantum Computing, Cybersecurity for Jobs If it comes to fruition, local leaders expect the Massachusetts Green High Performance Computing Center's plan to build a $16 million quantum computing complex in Holyoke to produce durable, well-paying jobs. READ MORE

Nevada Introduces Bill to Combat Extreme Heat Nevada lawmakers are pushing a bill that would require cities to update master plans with strategies to mitigate the effects of extreme heat, as Las Vegas and Reno experience rapid temperature increases. READ MORE

New Administration, New Budget Picture for State and Local Government? Hundreds of technology partners focused on the public sector gathered outside Washington, D.C., for the annual Beyond the Beltway event, an industry-focused forecast of what 2025 looks like for state and local IT. READ MORE

Newly Appointed Phoenix CISO Rises from City’s Security Ranks The city’s new chief information security officer was previously its deputy CISO. He takes over a role vacated by Shannon Lawson in October, bringing with him two decades’ experience in the public and private sectors. READ MORE 

Nonprofit Opens Anonymous Reporting for Federal Data Concerns A Washington, D.C.-based nonprofit has created a platform where government workers and others can share how federal contract terminations, staff cuts and data issues impact their work without using personal information. READ MORE

North Dakota Moves to Create State-Level Version of DOGE The state’s House of Representatives advanced legislation this week that would create a task force dedicated to reviewing state programs and identifying areas in which officials could improve efficiency. READ MORE

Oklahoma Moves to Privatize Prison Food Service The Oklahoma Department of Corrections is seeking a private vendor to provide meals for nearly 20,000 prisoners, citing rising food costs and inefficiencies. But critics warn privatization may worsen food quality. READ MORE

Optimize Workforce Management with Position Control Implement position control best practices to overcome staffing complexities and achieve optimized workforce management. LEARN MORE

Oregon AI Advisory Council Unveils Its AI Action Plan The Oregon State Government Artificial Intelligence Advisory Council, which was established by a 2023 executive order, has just released an action plan to guide government use of the technology. READ MORE

Preventing Social Media Misinformation During Emergencies Emergency services must develop strong crisis communication plans to effectively combat misinformation and ensure that accurate, timely info is reaching the public. READ MORE

Prison Violence Soars in Georgia as State Faces Staffing Crisis Georgia’s prison system sees a spike in violent deaths and severe staffing shortages, prompting urgent calls for reform and funding to address the escalating crisis. READ MORE

Q&A: Building Trusted Digital Identities In this Q&A, Socure's Jordan Burris talks about how identity is evolving and what government leaders need to know about modern identity verification technology. READ NOW

Reimagining Government Budgeting: IT at Work — ICYMI Envisio’s Stefan Baerg and Tyler Technologies’ Chris Fabian discuss their unique collaboration and explore how governments are transforming budgeting to be more strategic, transparent and outcome-focused. READ MORE

Sacramento Buses Use Cameras With AI to Issue Parking Tickets A joint program between the city and the Sacramento Regional Transit District is fielding 100 buses with forward-facing cameras powered by artificial intelligence. The devices spot vehicles blocking bus stops. READ MORE

Seguin, Texas, Uses AI, Data Storage to Enhance Cyber Playbook The city has strengthened its cybersecurity efforts, using artificial intelligence to analyze more than 1 million pieces of incoming communication and protecting employees from impersonation attempts and data theft. READ MORE 

Small Kansas Town Offers Up to $15,000 in Incentives to Attract New Residents Neodesha, Kan., is offering a variety of incentives, including student loan repayment, tax breaks and housing development plans to encourage people to move to the small town and combat rural population decline. READ MORE

State and Local Finance Officers Struggle With Funding Uncertainties A memo from the Office of Management and Budget freezing federal grants to states was canceled. But funds are still being kept back, and budget officers are looking for answers. READ MORE

State and Local Government Cybersecurity: Insights from the Experts Learn how public sector organizations are bolstering cybersecurity and developing a resilient workforce. DOWNLOAD

StateRAMP Is Now GovRAMP, Reflecting Broader Participation This year the organization will change its name to reflect its “mission and community inclusivity" across all levels of government. The change will not affect agreements, procurements or fees. READ MORE

States Face Tough Choices in Corrections Budgeting Amid Rising Costs Many states, particularly Republican-led ones, are feeling pressure to align their legislative priorities with the presidential administration. But states are facing new financial constraints after years of revenue growth. READ MORE 

Tarrant, Ala., Wards Off Ransomware Attack on City Computers Officials were able to take down a server, make repairs and restore service after an attempt to extort money through an attack on the police department’s system. For now, the department is filing paper police reports. READ MORE

Tech Companies Weigh in on AI Partnership With CSU Leaders at Adobe, NVIDIA and Intel share their aspirations and intentions for a recently announced partnership for AI education and workforce development through the California State University System. READ MORE 

Texas District Opens $21 Million Pre-K Center Tailored for Younger Students The school district is one of a growing number across the country to pump money into creating a building tailor-made for pre-kindergarteners. READ MORE

Texas Legislature Forms New Government Efficiency Committee The Delivery of Government Efficiency Committee aims to improve the state government’s efficiency through emerging technologies like AI, modernizing existing processes while both innovating and saving. READ MORE

The Disaster Management Preparedness and Recovery Guide: Tools and Strategies for State Agencies State government agencies play a pivotal role in managing disaster responses, from wildfires to infrastructure failures – but with limited resources and increasing demands, how do agencies effectively plan, mitigate, and recover? This eBook provides a breakdown of the disaster management lifecycle, innovative technologies, and process improvements that any state agency can implement. DOWNLOAD

The World's First Flying Electric Ferry Set to Debut in Lake Tahoe FlyTahoe and Candela worked together to create a flying electric ferry that will operate as a water taxi around Lake Tahoe. READ MORE

Tips for Public Records Management Managing public records requests requires more than just compliance - it’s about efficiency, transparency, and building trust. This checklist delivers actionable tips, from optimizing workflows to streamlining response processes, all aimed at easing your workload. DOWNLOAD

Understanding AI Opportunities: A Go-To Guide for State and Local Government This guide will help your agency make sense of rapidly expanding AI/ML opportunities. It covers top use cases; emerging issues; factors that impact AI/ML performance; and best practices for planning, deploying and iterating these powerful tools. DOWNLOAD

Unlocking Economic Mobility Understand the 28 life experiences that impact lifetime income. LEARN MORE

Urban SDK Offers a Deeper View of Traffic Danger Spots The traffic management firm has released a new "Collision Index" designed to give police, public works and road planners better data about where accidents happen and how to fix those problems. READ MORE

Visually Impaired Washington, D.C., Metro Riders Can Now Use Waymap The company’s new step-by-step wayfinding app is available to users of the Washington, D.C., transit system. It spans 11,000 bus stops on 325 routes, as well as 98 rail stations, and does not collect personal data. READ MORE  

Where’s DeepSeek Banned? The States Blocking Chinese-Made AI States are increasingly banning DeepSeek AI on government devices, citing cybersecurity and data privacy concerns. Some cybersecurity experts question if the state bans will do enough to protect American data. READ MORE 

Wichita's Mayor Discusses the Challenges of Coping With Tragedy Wichita, Kan., has been reeling since a flight carrying residents crashed outside Washington last month. Mayor Lily Wu talks about leading her city during this difficult time. READ MORE


February 21, 2025

The New York State Workers' Compensation Board recently issued a notice reminding attorneys about certain application fee requirements

Workers' Compensation Board Rule 300.17(f) requires that a substituted attorney or licensed representative who seeks a fee must file an Application for a Fee by an Attorney or Licensed Representative (Form OC-400.1) within 30 days of the filing of a notice of substitution (Form OC-400)

If the fee request is $1,000 or less, the substituted attorney or licensed representative is permitted to make an oral request on the record at the first hearing held following notice that their retainer has been terminated.   

When a Stipulation (Form C-300.5) or Agreed Upon Findings and Awards for Proposed Conciliation Decision (Form C-312.5) is filed with the Board for approval, it is imperative that it address the fee interest of any attorney or licensed representative previously retained by the claimant. 

If the parties determine that a substituted attorney or licensed representative has a viable fee interest, the C-300.5 or C-312.5 form must set forth the agreement of the substituted attorney or licensed representative and the current attorney or licensed representative as to the allocation of the total attorney’s fee awarded. The substituted attorney or licensed representative may signify agreement with the allocation of the attorney’s fee by signing the Party in Interest line on the C-300.5 form or the Party line on the C-312.5 form, or correspondence on firm letterhead that is attached to the C-300.5 or C-312.5 form. 

Failure to address the legitimate fee interest of a substituted attorney will result in the Board’s rejection of the C-300.5 or C-312.5 form. 

Question may be sent via email to officeofgeneralcounsel@wcb.ny.gov.  


New York State municipal audits issued

New York State Comptroller Thomas P. DiNapoli announced the following local government audits were issued on February 20, 2025

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


Montgomery County – Supplemental Nutrition Assistance Program (SNAP) and Childcare Assistance Program (CCAP) Auditors reviewed 50 approved and 30 denied SNAP cases and determined that Department of Social Services officials did not always have the documentation needed to process SNAP applications correctly and in a timely manner. Department officials also did not have the required documentation that was needed to process 13 approved SNAP cases (28%) nor did they process nine approved SNAP cases (20%) in a timely manner. These cases were approved between one and 77 days after the 30-day requirement. While the 30 denied cases were accurately denied, department officials did not process five of those cases (17%) in a timely manner. These cases were denied between one and 23 days after the 30-day requirement. In addition, while department officials made CCAP payments for eligible families within required timeframes, they overpaid three childcare providers a total of $7,104. The overpayments occurred because officials did not properly review the payments to the providers.


Town of Wilson – Fuel Procurement and Monitoring (Niagara County) Town officials did not properly procure, monitor or account for fuel. Specifically, the highway superintendent and town board did not provide adequate oversight of fuel, including procuring fuel in compliance with competitive bidding requirements and the town’s procurement policy, controlling fuel access, safeguarding inventory, monitoring usage, maintaining perpetual inventory records, performing inventory reconciliations or establishing clear written guidance. Town officials procured diesel and gasoline fuel totaling $117,720 without competition and did not secure access to the fuel pumps or maintain records for fuel usage or inventory. Because officials did not establish controls to safeguard the town’s fuel, town officials cannot ensure that almost $118,000 in fuel purchases during our audit period were used solely for town purposes.


Town of Allen – Town Clerk Collections (Allegany County) The town clerk did not always record fees accurately or deposit them timely, but fees were properly deposited intact and generally remitted timely and reported accurately to the town supervisor. The clerk accurately recorded tax collections but did not always deposit collections timely. Specifically, the clerk did not deposit tax collections totaling approximately $500,000 within 24 hours of the date collected or deposit fees totaling approximately $3,000 within three business days of being collected for total daily aggregate collections exceeding $250, as required. The clerk also did not remit real property taxes to the supervisor on a weekly basis or provide a monthly report of amounts collected, as required. In addition, the clerk collected proceeds from the sale of culvert pipes to residents, but the highway superintendent did not maintain suitable records to allow auditors or the town board to determine whether all collections for culvert pipe sales were properly recorded, reported and remitted to the supervisor for deposit.


Town of Allen – Claims Audit (Allegany County) The town board did not properly audit and approve all claims prior to payment. As a result, there was an increased risk that improper or unsupported payments could have been made and may not have been detected and corrected, and that town officials paid more for goods and services than necessary. Auditors determined that 103 claims totaling approximately $108,000 were not sufficiently itemized and should not have been approved for payment, 47 claims totaling approximately $41,000 did not contain sufficient supporting documentation to verify that the purchases were properly authorized by an appropriate department head and two claims totaling approximately $160 for membership dues could not be located and provided for our review. As a result, auditors could not confirm whether they were for a valid and legal town purpose.


City of Cohoes - Physical Accessibility to Programs and Services (Albany County) Of the 293 applicable physical accessibility components reviewed, auditors identified 49 (17%) where city officials could consider taking additional steps to increase physical accessibility at selected city facilities.


Town of Chili – Physical Accessibility to Programs and Services (Monroe County) Of the 781 applicable physical accessibility components reviewed, auditors identified 24 (3%) where town officials could consider taking additional steps to increase physical accessibility at selected town facilities.


Village of Floral Park – Physical Accessibility to Programs and Services (Nassau County) Of the 575 applicable physical accessibility components reviewed, auditors identified 83 (14%) where village officials could consider taking additional steps to increase physical accessibility at selected village facilities.


Town of Big Flats – Physical Accessibility to Programs and Services (Chemung County) Of the 541 applicable physical accessibility components reviewed, auditors identified 100 (19%) where town officials could consider taking additional steps to increase physical accessibility at selected town facilities.

 

February 20, 2025

Training on Adjudicating Cases offered by New York City's Office of Administrative Trials and Hearings

The Administrative Judicial Institute at New York City's Office of Administrative Trials and Hearings [OATH] invites those interested to attend a CLE-accredited program entitled Adjudicating Cases at OATH’s Hearing Division. 

The program will be presented by Deputy Commissioner and Chief Clerk Maria Marchiano, Deputy Commissioner for Adjudications Kelly Corso, and Deputy Commissioner for Appeals Peter Schulman. The program will include an overview of OATH as the City’s independent administrative law court, a review of key Hearings Division procedural rules, and an overview of the appeals process.

The program will be held virtually on Tuesday evening, February 25, 2025, from 6:00 p.m. to 7:30 p.m. The free program will provide 1.5 CLE credits in Areas of Professional Practice (transitional and non-transitional) to participants. 

Please share this announcement with your legal staff and colleagues. You may register for the program by clicking here.


Petitioner's application for accidental disability retirement benefits alleging that he had contracted COVID-19 during his employment denied

The Petitioner's application for accidental disability retirement was initially denied on the basis that the incident did not constitute an accident within the meaning of the Retirement and Social Security Law. Following a hearing, a Hearing Officer upheld the denial upon the same basis, and, upon further administrative review, the Retirement System  affirmed the administrative rulings. 

Petitioner initiated a CPLR Article 78 proceeding challenging the Retirement System's decisions.

The Appellate Division sustained the Retirement System's administrative decisions finding that substantial evidence supported the System's conclusion that Petitioner failed to demonstrate that he contracted COVID-19 during the performance of his work duties and, further, interacting with potentially contagious individuals was a risk inherent in the performance of those duties.

The Court's decision notes Petitioner testified that he worked as an officer assigned to the patrol division and that, in that capacity, his duties required him to respond to emergency calls and directly engage with members of the public and interact with his coworkers.

Concluding that there was no basis to disturb the Retirement System's administrative determinations denying Petitioner's application for accidental disability retirement benefits, the Appellate Division dismissed Petitioner's appeal. 

Click HERE to access the Appellate Decision'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 Publisher 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 [See also https://www.linkedin.com/in/harvey-randall-9130a5178/]. 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