Educator served with disciplinary charges alleging that she had directed a racially charged insult at a woman off school grounds

A tenured teacher [Petitioner] employed by the New York City Department of Education [DOE] was served with disciplinary charges alleging she [1] directed a racially charged insult at a woman off school grounds and [2] exhibited alleged discriminatory conduct directed at students in her classroom. 

Following a disciplinary hearing held pursuant to Education Law Section 3020-a, the Hearing Officer sustained the charges and specifications related to the language involving the woman uttered off school ground and recorded in a video of the incident and the Petitioner's discriminatory actions discovered in the course of DOE's investigation of the Plaintiff classroom conduct. 

Based on these findings, the Hearing Officer concluded that the Petitioner was guilty of the charges served on her and that Petitioner should be terminated from her position notwithstanding the absence of evidence of any prior discriminatory actions by Petitioner in Petitioner's employment record. 

Petitioner appealed but the Appellate Division, sustaining the Hearing Officer's finding and the penalty imposed, opined that the penalty of termination was supported by the record, was not disproportionate to the offense, and does not shock one's sense of fairness. 

In the words of the Appellate Division, "Supreme Court properly denied [Petitioner's] amended petition to vacate the arbitration award", and indicated that the Hearing Officer properly considered:

(1) "the gravity of the charges; 

(2) "the fact that [Petitioner] had recently participated in implicit bias training and received a copy of Chancellors Regulation A-830 which articulated DOE's anti-discrimination policy, and thus informed [Petitioner] of her duty to conduct herself professionally both inside and outside of the classroom; 

(3) "that [Petitioner] should have known that her behavior would violate the DOE anti-discrimination policy which might result in disciplinary action; and 

(4) "that [Petitioner] failed to demonstrate remorse or take responsibility for her conduct". 

The Appellate Division opined that "Notwithstanding [Petitioner's] effective record during her approximately 18-year career with DOE the penalty does not shock the conscience. Having received prior notice of the consequences of discriminatory behavior, Petitioner nonetheless engaged in a pattern of inappropriate conduct unbecoming a teacher."

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

New York Department of State Announces Opening of $8 Million Local Government Efficiency Program

 

Captioned "Competitive Grant Opportunity Incentivizes Municipalities Aiming to Reduce Costs and Lower Tax Burden", on December 8, 2025, The New York Department of State announced that its popular Local Government Efficiency Grant (LGEG) program is again available to municipalities with innovative ideas for supporting a more affordable New York. Applicants may apply for funding to streamline government operations and services which reduce current or future costs, resulting in savings for local property taxpayers. The $8 million initiative incentivizes two or more local governments to team up to apply to plan for or implement shared services, consolidations, and dissolutions. “Incentivizing municipalities to find new efficiencies is a great way to create more affordable communities,” said Secretary of State Walter T. Mosley. “The Local Government Efficiency program has shown the capacity to offer great economic returns for localities and expanding it will bring even more savings to New Yorkers.” Through the LGEG, DOS is also aiming to assist local governments to address significant current and emerging challenges. In this current funding round, Priority Points will be given to: Regional Projects; Regional or Local Projects being implemented as part of a previous LGE planning grant or that was included in a Countywide Shared Services Initiative (CWSSI) plan; or Regional or Local Projects that aim to address: Information Technology Services (ITS), including Cybersecurity; Emergency Services; Countywide or Multi-County Code Enforcement or Municipal Planning; Water and/or Wastewater Management Systems; or Clean Energy Initiatives. Some Recent Winning Communities Include: Town of Hunter partnering with Greene County, the Villages of Hunter and Tannersville, and the Hunter-Tannersville Central School District: Mountaintop Community and Municipal Services Center - $1,250,000 Town of Carmel partnering with the Bedford, Bronxville, Eastchester, Mamaroneck, and Ossining Police Departments: Shared Police Communications Software - $1,200,000 Orleans County: Orleans County EMS Study $52,859 Tompkins County: Rapid Medical Response Team pilot program - $629,779 Brockport Fire District partnering with the Bergen and Churchville Fire Departments, and the Murray Joint and Hamlin-Morton-Walker Fire Districts: Mutual Aid College Student Bunk-In Program: $490,500 The LGEG Request for Applications (RFA) and additional information may be found on the DOS website at: dos.ny.gov/needtopost. RFAs must be submitted by Wednesday, February 4, 2026 at 4 pm.

Municipal audits posted posted on the Internet by the New York State Comptroller

On December 5, 2025 New York State Comptroller Thomas P. DiNapoli posted the following local government audits on the Internet. 

Click the text highlighted in color to access the text of the audit.

Town of Lockport – Fuel Inventory (Niagara County)

The superintendent did not properly safeguard and monitor fuel usage. He also did not properly oversee the Highway Department clerk’s work. Due to the lack of controls and oversight of fuel operations, billing errors occurred and the potential for inappropriate use of town fuel to occur and go undetected was significant.

Town of Lockport – Asphalt Millings Inventory (Niagara County)

The superintendent did not properly monitor and account for the millings inventory or unscreened millings sales. As a result, there is an increased risk of fraud, abuse and misuse of millings inventories and sales revenue to occur and go undetected. The superintendent also did not update the sale price of millings in accordance with the current average market price. As a result, 483 tons of unscreened millings that were sold for $929 should have been sold for $9,875 based on average market prices at the time of the sale. In addition, because millings are a lower-cost alternative to stone and other materials used for roadway and other town projects, officials may incur added costs if the town’s millings inventory is depleted.

Town of Lockport – Building Permit Fee Collections (Niagara County)

The inspector did not properly manage permit fee collections by not always applying the board-approved permit fee and not maintaining accurate records. As a result, the town may not have received all revenues due to the town, and permit fees collected may have been lost, misused or misappropriated.

Town of Lockport – Culvert Pipe Fee Collections (Niagara County)

The superintendent did not ensure application fees and installation fees were properly collected and recorded. Therefore, officials cannot verify the accuracy or ensure accountability of the collection of those fees. This significantly increased the risk that collections could be lost, unaccounted for or misappropriated without detection.

Town of Guilderland – Information Technology (IT) (Albany County)

The town board and officials did not monitor employee internet use or establish adequate controls to safeguard IT systems. In addition, the board did not adopt an IT contingency plan to help minimize the risk of data loss or a serious interruption of services, periodically test backups or provide IT security awareness training. As a result, town officials cannot be assured that town IT assets are secured and protected against unauthorized use, access and loss, and there is an increased risk that officials could lose important data and suffer a serious interruption in operations.

Town of Guilderland – Sales Tax Revenue Allocation (Albany County)

Town officials did not properly budget for and allocate sales tax revenue totaling $14.8 million during the audit period. As a result, taxpayer inequities occurred. Auditors found that town taxpayers who lived outside the village did not receive all the benefits they should have from the county sales tax distributions, while taxpayers with real property located within the village received an extra benefit.

Town of Willsboro – Town Clerk/Tax Collector (Essex County)

The town clerk/tax collector did not properly record, deposit, report and remit collections and misappropriated more than $29,000 in collections during the audit period. The clerk concealed her misappropriation of collections by not recording collections or recording them for less than the amount received, making unsupported cash deposits, not reporting and remitting collections to the supervisor and state agencies, not returning overpayments to taxpayers and making unsupported disbursements between her three bank accounts. 

The clerk worked for the town from 2014 to 2021, having lost election in 2021. She also separately served as treasurer for the Essex County Agricultural Society, a non-profit organization that promotes agriculture through the Essex County Fair, from 2013 to 2019. 

Based upon the audit findings and subsequent investigation of the clerk’s activities at both the town and the society, the clerk was arrested in the summer of 2024 for stealing approximately $60,000 from the society and $29,000 from the town. In May 2025, the clerk pleaded guilty to felony grand larceny in the second degree for the funds stolen from the society and felony grand larceny in the third degree as a crime of public corruption for the theft from the town. 

In July 2025, the clerk was sentenced to five years’ probation and ordered to pay full restitution of nearly $90,000 for stealing funds from both the society and town.

                                                                      ###

Selected items posted on the Internet during the week ending December 5, 2025

New York State Workers' Compensation Board Webinar A Paid Family Leave webinar for employees is scheduled to be held on Wednesday, December 10, 2025 from 12:00 pm thru 1:00 pm. Register here

ROI You Can Prove: Making the Case for Modern Identity Systems  Modern identity systems are critical to secure, digital-first government—but funding them takes a clear business case. This guide walks through a realistic five-year cost-benefit analysis for digital identity systems in the public sector, showing how agencies can forecast ROI, reduce fraud, and accelerate digital transformation.  DOWNLOAD 

Firewalls Aren't Enough: Securing Government for the AI Era AI is changing how governments operate — and how cyber threats emerge. Traditional firewalls alone can’t keep up with modern attack surfaces, especially in decentralized, cloud-driven environments. This paper explores why a platform-based security approach is now essential, highlighting strategies like autonomous segmentation, AI model protection and centralized threat detection. DOWNLOAD

From the Trenches: Why Every Government City Manager Needs Better Meeting Documentation Poor documentation erodes trust and slows government action; modern tools help preserve institutional memory. READ NOW 

Navigating H.R. 1: A Checklist for the New SNAP Compliance Landscape  H.R. 1 raises the stakes for state SNAP programs. With rising administrative costs and penalties tied to payment errors, this checklist helps agencies pinpoint where automation and data strategies can reduce risk, support new rules, and control costs. DOWNLOAD

From Vision to Reality: Making AI Work for Smarter Cities and States In this interactive webinar, Government Technology is convening AI industry experts for a candid conversation about what it really takes to adopt and scale AI responsibly. REGISTER

From Vision to Reality: Making AI Work for Smarter Cities and States In this interactive webinar, Government Technology is convening AI industry experts for a candid conversation about what it really takes to adopt and scale AI responsibly. REGISTER 

Procuring a Modern Payment Platform Payments are a critical but often underprioritized factor in user experience. As governments work to become more responsive and resident-centric, payment strategies should emphasize enterprise platform approaches and innovative capabilities like digital wallets and recurring payment options. This paper offers practical advice for procuring modern payment solutions that support a superior user experience. DOWNLOAD 

Future Forward Government A space created for state and local IT leaders and decision-makers who are charting the course of tomorrow's public sector. EXPLORE 

Navigating H.R. 1: A Medicaid Checklist for Government Agencies New Medicaid work and reporting requirements are fast approaching. This checklist helps state agencies assess how prepared they are to verify employment, education, and life changes without creating administrative gridlock. DOWNLOAD 

AI in Construction: What’s Changing and Why It  Matters  Smarter tools are accelerating safer, more predictable jobsites and transforming construction’s future. Learn More

A New Docufilm Explores How Teamwork is Key to Restoring Critical Connections After Natural Disasters In the wake of disaster, America's cable industry knows reconnecting communities depends on planning, trust, experience, and working together when every minute counts. Watch Now

Modernize Government Payouts for Better Service Discover how agencies can deliver fast, secure and equitable payments.  READ MORE

Realizing AI's Potential in Billing and Payments Download this guide to learn how leading organizations are transforming outdated billing operations into streamlined, scalable systems that reduce overhead and improve customer service. DOWNLOAD

Applying the Doctrine of Legislative Equivalency,

The doctrine of legislative equivalency requires that "[t]o repeal or modify a statute requires a legislative act of equal dignity and import". 

In the instant two "companion" actions the Appellate Division affirmed Supreme Court CPLR Article 78 decisions granting the two employee applications seeking to compel the City of Schenectady to pay the two respective CPLR Article 78 Petitioners the cash value of their respective unused sick leave accruals to which they contended they were entitled upon their discontinuing their employment with the City of Schenectady. 

The Appellate Division noted that in 1986 the City of Schenectady adopted had §87-13 of the Code of the City of Schenectady providing that nonunion employees "shall be entitled to convert 75% of [their] unused sick leave [credits] up to a maximum accumulation of 240 days to cash, upon termination of [their] services as an employee with the City." 

The Appellate Division also indicated that "Subsequently, Local Law No. 2011-05 amended Chapter 13 of the City Charter to grant the City Council the authority to fix and determine salaries, compensation and benefits of all City employees and Officers" and "Separate from this authority to establish salaries in the annual budget process, the local law provides that [a]ll other compensation and benefits shall likewise be determined by the City Council pursuant to . . . General Municipal Law §92 and codified in Chapter 87 of the Code of the City of Schenectady  (emphasis supplied by the Appellate Division)"

Holding the Doctrine of Legislative Equivalency "applies to attempts to amend a [city] code or ordinance by use of a resolution", the Appellate Division ruled that the employees named in the two appeals filed by the City of Schenectady challenging the Supreme Court's Article 78 rulings were entitled to receive appropriate payments for their unused sick leave accruals upon their discontinuing their employment with the City of Schenectady as the Schenectady City Council's attempt to supersede Chapter 87 of the City Code with a resolution "is inconsistent with the doctrine of legislative equivalency".

Click HERE to access the "lead decision" appeal before the Appellate Division, Matter of Koldin, posted on the Internet.

Click HERE to access the "companion decision" appeal before the Appellate Division, Matter of Marney, posted on the Internet.