Selected links to items focusing on government operations posted on the Internet during the week ending January 5, 2024

2024 posting by NewsNation reports New York farmers fear new overtime laws will adversely impact business. READ MORE

 

AI Is Driving a Silent Cybersecurity Arms Race

 

Alcohol Deaths Soared 60 Percent in Four Years in Colorado, but Policy Response Is Subdued Alcohol killed 1,547 residents last year, not much fewer than the 1,799 who died from drug overdoses. While the state increased penalties for fentanyl possessions, voters expanded access to alcohol in grocery stores. READ MORE

 

As Winter Starts, NYC Gives Snowplows a Digital Kick

 

At a Glance: Digital Cities Awards 2023 (Infographic) From budget priorities and emerging tech to workforce needs and top concerns, here's a by-the-numbers look at the 56 most digital cities in the nation. READ MORE

 

Bay Area Office Space Vacancies Continue to Grow Silicon Valley ended 2023 with more than one-fourth of the region’s office spaces empty, a record high. San Francisco ended the year with its own all-time record: 36.7 percent vacant. READ MORE

 

Best of 2023: The Threats from an Electromagnetic Pulse This is one of two "Best of 2023" podcasts. READ MORE

 

Boost Email Security with AI Learn how artificial intelligence and machine learning can turn the tide against attackers who use spear phishing and other advanced social engineering tactics to compromise government systems and data. DOWNLOAD PDF

 

California State Senator Introduces AI Accountability Act

 

Can video replace the court reporter?

 

Chicago Matures Its Cyber Posture Amid IT Transformation CISO Bruce Coffing on recruiting a more diverse cybersecurity workforce and the unique challenges of locking down systems in a city the size of Chicago. READ MORE

 

Digital Transformation ‘Supports Everything’ in a Modern City Those at the helm of city technology offices often have to make the case for introducing digital innovation into processes and services. Their advice: Start with the projects people care about and that can show cost savings. READ MORE

 

FBI Disrupts BlackCat Ransomware, Releases Decryption Tool The U.S. Department of Justice reports that it has seized several websites operated by the group BlackCat. The group has targeted schools, health care, local governments and other victims across the U.S. READ MORE

 

Georgia CIO Shawnzia Thomas Looks to Keep IT Momentum in 2024 With a new year underway, Georgia Technology Authority CIO Shawnzia Thomas is focused on keeping the pace the agency set in 2023. New technologies and initiatives promise to enhance citizen services and how the state does business. READ MORE

 

Gov Tech Is Having a Moment — With Private Equity GovTech 100 companies are likely to have an outsized role in making government better. Many now come with deep pockets thanks to investments from private equity. READ MORE

 

Guaranteed-Income Programs Pick Up Steam Dozens of cities are running pilot programs to show that direct cash assistance is an effective way to address poverty. Critics warn that offering money without work requirements or any strings attached will backfire. READ MORE

 

Hot, hotter, hottest: 2023 Expected to be the Hottest Year on Record

 

How Many Electric Buses Does Your City Have? (2023 Edition)

 

Idaho's Near-Term Mission: Consolidating and Modernizing State IT Information Technology Services Administrator Alberto Gonzalez joined the relatively new agency a little more than a year ago and quickly set his focus on building a stronger foundation to support agencies across the state. READ MORE

 

Illinois Schools Face Financial Cliff as Pandemic Aid Ends More than $5.8 billion of the $7.8 billion in federal funds awarded to Illinois schools since March 2020 has been spent. In Chicago, the school system faces a $391 million shortfall for the 2024-25 school year. READ MORE

 

Joint Counter-Terrorism Drills conducted across New York State in ’23 READ MORE

 

Kansas Court Records Back Online After October Cyber Attack

 

Malware Attack on Texas Appraisal District Falls Short An investigation into a malware attack against Tarrant Appraisal District computers found that no taxpayer information was compromised. Officials say two pieces of malware failed upon launch. READ MORE

 

Market for Disaster Management Tools Expands to Meet Need As hurricanes, wildfires and earthquakes grow in strength and frequency, first responders are increasingly adopting new digital tools like drones and integrated dispatch systems to improve response. READ MORE

 

More Cities and States Crack Down on Homeless Individuals Many jurisdictions have shifted toward supporting the rights of local residents and businesses that must contend with encampments and other problems, rather than the rights of homeless people. READ MORE

 

More Than Stenography: Exploring Court Record Options (Part 3) In Kentucky courts, the video recording is the official record with no written transcript. CIO Charles Byers discusses what led to this approach and the features vital to meeting the court's needs. READ MORE

 

Newark Will Permanently Keep Its e-Scooter Program During the trial period, which began in August 2021 and ran for 18 months, city residents have taken 1.45 million scooter rides over 2 million miles. The program will undergo a few changes to appease some concerns. READ MORE

 

North Dakota Appoints Tech Vet as New Chief Data Officer Kimberly Weis previously handled data analytics for North Dakota Information Technology. Her background includes experience in epidemiology and helping to oversee public health in the state. READ MORE

 

Rain Storms Now Producing Prodigious Amounts of Rain

 

Safeguarding Democracy from Artificial Intelligence AI can generate vast numbers of public comments masquerading as citizen input. Other methods of public consultation can improve confidence in government. READ MORE

 

Sparking Investment: The Gov Tech Market Grows in 2024 With the release of the 2024 GovTech 100, our January/February issue dives into the rise of private equity, what state and local government looks for in a vendor, and the hottest segments of the market. READ MORE

 

States Warn of Band-Aid Fixes If Road Funds Run Dry Across the nation, state transportation agencies are warning that public safety is at risk if lawmakers don’t overhaul how road maintenance gets funded. Some states are proposing new taxes and fees. READ MORE

 

The 2024 GT100: Our 9th Annual List of Who's Who in Gov Tech GOVTECH TODAY's  annual look at the top 100 companies serving state and local government IT tracks the rise of private equity's investment in the market, poised for continued growth in 2024. READ MORE

 

The Future of Priority-Based Budgeting — ICYMI ResourceX CEO Chris Fabian and Tyler Technologies President of ERP Chris Webster discuss the benefits of priority-based budgeting for the public sector. READ MORE

 

The New Money Powering Gov Tech New and growing GovTech 100 companies are likely to have an outsized role in making government better. Many now come with deep pockets thanks to investments from private equity. READ MORE

 

The Rise of Heavy-Duty Electric Trucks Is Driving a Training Rush An apprenticeship program at Velocity Vehicle Group in the Los Angeles metro area is training workers to service heavy-duty electric vehicles. The training is partnered with similar educational opportunities at Rio Hondo College. READ MORE

 

Three Steps to Pave the Way for the EV Revolution Lawmakers should make charging convenient for everyone and minimize the environmental impact of electric vehicle batteries. READ MORE

 

Trends Shaping the Future of Public Sector Digital Service

 

Two Robots Monitor Denver’s Downtown Parking Garages Since LoDoMus Prime and Dave, two autonomous robots, have been deployed in two of Denver’s downtown parking garages, car thefts and vandalism have decreased by more than 70 percent. READ MORE

 

Virginia County Offers Small Businesses a Technical Boost A newly launched program in Fairfax County, Va., is offering small businesses technical assistance in a range of areas, helping them enhance their website, e-commerce capabilities, digital presence, and more. READ MORE

 

What Founders Need to Know About Gov Tech Exits — ICYMI Former CityGrows CEO/co-founder Catherine Geanuracos provides a framework for exiting the gov tech landscape and shares what she learned during the life cycle of her startup. READ MORE

 

What unexpected accessory can you now add to your iPhone? READ MORE

 

What’s It Like to Be the Victim of Cyber Crimes? A pair of new studies take an in-depth look at the experiences of residents and businesses in Virginia who have fallen victim to cyber crimes, hoping the findings can inform strong cybersecurity moving forward. READ MORE

 

What’s New in Digital Equity: Colorado to Streamline Connectivity Along Roadways Plus, the federal government is strengthening its digital accessibility rules, the California Public Utilities Commission is investing in digital literacy, and more. READ MORE

 

What's New in Digital Equity: Meet the 2023 Digital Inclusion Trailblazers

 

Appealing the implementation and enforcement of New York City’s COVID-19 Vaccine Mandate

Named plaintiffs and other current and former employees [collectively Plaintiffs] of the New York City Department of Education [DOE] appealed a judgment of a federal district court dismissing their 42 U.S.C. §1983 claims filed against the DOE, Plaintiffs’ unions, and various individuals, challenging the implementation and enforcement of New York City’s COVID-19 Vaccine Mandate.* 

In August 2021, the Commissioner of the New York City Department of Health and Mental Hygiene issued an order requiring all DOE employees to show proof of vaccination against COVID-19 by September 27, 2021. In response, the unions sought to negotiate the terms of the Vaccine Mandate to limit its impact on their members.

Those negotiations were unsuccessful and DOE and two of the unions – the United Federation of Teachers and the Council of Supervisors and Administrators – agreed to enter into binding arbitration to resolve the issues. The Arbitrator, Martin Scheinman, issued two "largely identical arbitration awards". The remaining union – District Council 37 – reached an agreement with the DOE in early October that mirrored Scheinman’s previous arbitration awards. Thus, all Plaintiffs “were subject to similar terms regarding the Vaccine Mandate procedures.”

Plaintiffs, contending that DOE suspended and terminated their employment “without due process,” appealed the federal district court's decision dismissing their 42 U.S.C. §1983 claims. Citing Ashcroft v. Iqbal, 556 U.S. 662, the Circuit Court sustained the district court's decision, noting "the repetition of a legal conclusion does not state a claim" as "the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions.”

In addition, Plaintiffs had asked the Circuit Court to grant them leave to amend their complaint. The district court had  denied their request for leave to file a second amended complaint. The Circuit Court said "Plaintiffs present no argument at all as to why that decision [by the district court] was wrong". Instead, opined the Circuit Court, Plaintiffs’ request merely “indicate[s] a desire to amend” while failing “to make a showing that the complaint’s defects can be cured.” The Circuit Court denied the Plaintiffs' request.

The Circuit Court decision opines that "Plaintiffs clearly disagree with their unions’ decisions to arbitrate the implementation of the Vaccine Mandate," a decision they insist exceeded the authority of the unions and DOE under state law. But, observed the Circuit Court, "that it is not enough to establish a federal procedural due process violation. Because plaintiffs have presented no facts that would call into question the adequacy of the pre- and post-deprivation process afforded them, their federal due process claims – including their derivative conspiracy claims and class claims – must be dismissed."

As to any "state-law claims" raised by Plaintiffs, the Circuit Court of Appeals, Second Circuit, declined to exercise supplemental jurisdiction over those claims and dismiss them without prejudice.

* Specifically, Plaintiffs argue that the federal district court erred by dismissing their claims against the defendants for violating their Due Process rights by adopting procedures for enforcing the Vaccine Mandate that resulted in the suspension and termination of DOE employees who refused to be vaccinated.

Click HERE to access the Second Circuit's decision posted on the Internet.

 

Two cases of Jobbery reported by New York State Comptroller Thomas P. DiNapoli

As noted in previous NYPPL reports of misconduct involving a public employee stealing public funds, such breaches of the public trust are frequently referred to as "jobbery." Merriam-Webster defines jobbery as "the improper use of public office or conduct of public business for private gain". 

The two most recent cases of jobbery reported by the Comptroller are listed below:

1. A former treasurer of the Morley Volunteer Fire Company was ordered to pay $50,000 in restitution and sentenced to serve five years of probation for stealing from the fire company. Click HERE to access the State Comptroller's press release reporting the disposition of this matter.

2. A former tax collector for the town of Beekman was sentenced to pay full restitution of $88,821.40, five years’ probation, community service, and time served. Click HERE to access the State Comptroller's press release reporting the disposition of this matter.

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236, or by filing a complaint online at https://www.osc.state.ny.us/investigations.

 

A factual demonstration and proof is required to support an allegation that the rejection of an individual's applications for disability retirement benefits was tainted by bias

The Appellate Division unanimously affirmed Supreme Court's denying the Plaintiff's petition seeking to annul the Medical Board's [Board] rejection of Plaintiff's applications for accidental disability retirement [ADR] or ordinary disability retirement [ODR]. The court said that the Plaintiff failed to show that Board's determination denying Plaintiff's applications was arbitrary and capricious or in violation of lawful procedure.

The Board, said the court, was entitled to rely on its own review of Plaintiff's medical records, including MRI reports, as well as its own examination of Plaintiff, all of which provided some credible evidence supporting the Board's finding that Plaintiff's conditions were not causally related to an October 10, 2013 incident in which Plaintiff  claimed he was injured. In addition, the Appellate Division noted the "resolution of conflicting evidence was for the Medical Board", citing Matter of DeMeo v Teachers Retirement Sys. of the City of N.Y., 180 AD3d 560.

As the Board had provided a "lengthy and fact specific recitation of the reasons for its determination and its mention of the principal's letter was not dispositive," the Appellate Division rejected Plaintiff's contention that "the Medical Board was biased against him because it referred to a letter from the [Plaintiff's] school principal in which the principal opined as to the extent of [Plaintiff's] injuries".

Citing James v National Arts Club, 99 AD3d 523, lv dismissed, 21 NY3d 886, the Appellate Division explained a "mere allegation of bias is insufficient" and Plaintiff did not provide a factual demonstration to support his claim and proof that rejection of his application for disability retirement benefits "was tainted by bias".

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

Filing a claim alleging retaliation pursuant to New York State's Human Rights Law

Although Supreme Court granted the Defendant's motion to dismiss complaints of unlawful discrimination, the Appellate Division unanimously modified the decision, "on the law," and reinstated Plaintiff's cause of action alleging retaliatory termination.

The Appellate Division explained to state a claim for retaliation under the New York State Human Rights Law [Executive Law §296], the plaintiff must show:

1. He was engaged in a protected activity;

2. His employer was aware that he participated in such activity:

3. He suffered an adverse employment action based upon his activity; and

4. There is a causal connection between the protected activity and the adverse action.

Further, observed the Appellate Division, "plaintiffs in retaliation cases are held to a lenient pleading standard and are generally afforded deference at the pleading stage, citing Thomas v Mintz, 182 AD3d 490 and Petit v Department of Educ. of the City of N.Y., 177 AD3d 402. On appeal, the sole contested element is whether the plaintiff sufficiently pleaded a causal connection between the protected activity.

In the instant appeal the court found that Plaintiff corroborated sexual harassment allegations against his former and his allegedly retaliatory termination from his position later that year and a "causal connection needed for proof of a retaliation claim can be established indirectly by showing that the protected activity was closely followed in time by the adverse action".

Citing Summa v Hofstra Univ., 708 F3d 115 [quoting Cifra v Gen. Elec. Co., 252 F3d 205], the Appellate Division noted that federal courts have "'not drawn a bright line to define the outer limits beyond which a temporal relationship is too attenuated to establish a causal relationship between the exercise of a federal constitutional right and an allegedly retaliatory action."* This, opined the Appellate Division, has allowed the Second Circuit] to "exercise its judgment about the permissible inferences that can be drawn from temporal proximity in the context of particular cases".

In this case the Appellate Division opined that "the four-month period between [Plaintiff's] interview and termination easily falls within the acceptable temporal range to establish a causal connection."

Also noted by the Appellate Division was "when analyzing the timing and context of retaliatory actions, courts also consider whether the employer 'waited to exact [its] retaliation at an opportune time' in order to have an explanation for the action." Further, "[q]uestions regarding the time gap and causal connection of an alleged retaliatory termination may entail special consideration of the size and complexity of a defendant employer, where termination of employment may involve multiple levels of decisionmakers, as well as the nature of plaintiff's claims."

In this instance the Appellate Division opined that "The additional circumstances surrounding Plaintiff's termination support an inference that it was done in retaliation for [Plaintiff's] corroboration of allegations of sexual harassment against the former [Employee]."

In contrast, the Appellate Division held that "despite the lenient pleading standard governing employment discrimination cases, the complaint fails to state a cause of action for sex discrimination under the New York State Human Rights Law because it contains no factual allegations giving rise to an inference of discrimination," citing Brown v City of New York, 188 AD3d 518,.

* In a footnote in its decision, the Appellate Division said "Federal retaliation claims under Title VII are subject to the same standards as those of the New York State Human Rights Law and therefore highly instructive as to the claim at bar", citing Banks v General Motors, LLC, 81 F4th 242 and Collins v Indart-Etienne, 59 Misc 3d 1026.

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

New Attendance and Leave provisions affecting certain State employees of the State as the employer posted on the Internet

New Attendance and Leave provisions reflecting 2023–2026 State-PEF Negotiated Agreement and Update to the M/C Attendance Rules have been posted on the Internet.

Text of Policy Bulletin 2023-06 will be found at:
https://www.cs.ny.gov/attendance_leave/PolBull23-06.cfm

Policy Bulletin 2023-06 in PDF format is posted at:
https://www.cs.ny.gov/attendance_leave/PB2023-06.pdf

To view previous Attendance and Leave bulletins issued by the Department of Civil Service, visit: https://www.cs.ny.gov/attendance_leave/index.cfm

Recent decisions by New York City's Office of Office of Administrative Trials and Hearings' Administrative Law Judges

Administrative Law Judge Seon Jeong Lee recommended a 49-day suspension without pay be imposed on an assistant deputy warden who ordered a correction officer under her command to perform personal errands for her.

The ALJ found that an Assistant Deputy Warden [ADW] had directed a Correction Officer [CO] under her command to make health juice for her and her boyfriend, shop for and deliver items to her home, and scan and transfer files onto a USB drive to assist her boyfriend in his work.

The ALJ dismissed two additional charges filed against the ADW, one alleging she failed to report to work on time and a second that she coercing an officer to partake in and conceal her misconduct. The ALJ found that the record did not support those allegations and that they were time-barred.

Considering the ADW’s lack of disciplinary history and Appointing Authority’s failure to prove all charges filed against the ADW, the ALJ recommended that ADW  be suspended without pay rather than imposing the penalty requested by the  Appointing Authority, termination of employment.

The Appointing Authority modified the ALJ's recommendation of a 49-day suspension without pay as the penalty to be imposed for the ADW's misconduct and imposed the loss of 49 days of vacation or compensatory time credits as the penalty.

Click HERE to access Judge Seon Jeong Lee's decision posted on the Internet.

 

Administrative Law Judge Tiffany Hamilton recommended a five-day suspension without pay be imposed on a correction officer who used profane language toward a person in custody. 

The Appointing Authority had filed disciplinary charges against two correction officers, Officer A and Officer B, alleging that Officer B's had failure to properly escort a person in custody resulted in an altercation involving the person in custody in which Officer A used excessive force. The Judge Hamilton dismissed all charges, except for a charge against Officer A for using profane language.

The ALJ dismissed the improper escort charge filed against Officer B, finding the  Appointing Authority failed to establish Officer B's performance fell short of the  Appointing Authority's standards or that Officer B acted unreasonably. Judge Hamilton also recommended dismissal of false reporting charges filed against both officers.

The Appointing Authority adopted Judge Hamilton's findings and recommendations.

Click HERE to access Judge Tiffany Hamilton's decision posted on the Internet.  

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A Reasonable Disciplinary Penalty Under the Circumstances - an e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/7401.html