Links to selected items focusing on govenmental operations posted on the Internet during the week ending January 10, 2025

A Comprehensive Approach to Election Cybersecurity As voters cast their ballots, cybersecurity teams need to detect any cyber intrusions, respond to them without delay and recover quickly, a daunting challenge for government officials working with limited funds and time. Download the full paper for more information about enhancing cybersecurity throughout the entire election process. DOWNLOAD

A Suspenseful New Year in Public Finance Governors, mayors and finance officers are treading water, awaiting the outcome and impact of a new Washington regime’s vows to slash federal spending and taxes.  READ MORE

Accelerating Digital Transformation with iPaaS Integration platform-as-a-service (iPaaS) lets agencies integrate systems and automate workflows using drag-and-drop tools. This guide explains how iPaaS accelerates digital transformation to improve government efficiency and service delivery. DOWNLOAD

AI Innovation Lab Will Enable ‘Quick Wins,’ Georgia CIO Says State CIO Shawnzia Thomas discussed the state’s achievements in AI and modernization during 2024, and developing initiatives like its upcoming AI Innovation Lab and ethical AI standards playbook. READ MORE

AI Will Help Georgia County Officials Prioritize Roadwork Leaders in Macon-Bibb County are working with a data-based assessment company to determine which of their roughly 1,200 miles of county-owned roads are in the worst shape and should be fixed first. READ MORE

 AI, Crypto Likely to Supercharge the Internet’s Electric Bill The rising use of artificial intelligence in search functions and the 24/7 needs of cryptocurrency mining are expected to take the Internet’s demands on the energy grid from predictable to exponential. READ MORE

AI, Innovation, and Opportunity, The Year Ahead in Legal Tech: Nicole Black, a Rochester, New York attorney urges readers to "Dive in and ensure you’re maintaining technology competence by learning as much as you can about emerging and innovative technologies as "2025 is sure to be a year for the record books, and now is the time to prepare yourselves for what will come".  Read the whole entry.

Alaska Retirement Division Hack Impacts Contributions State residents who work in the public sector, including in local government and education, have had employer contributions to their retirement accounts impacted by suspicious activity on servers. READ MORE

Appeals Court Strikes Down Net Neutrality Regulations A federal appeals court on Thursday dealt a blow to President Biden's Federal Communications Commission, striking down the agency's hard-fought and long-debated open Internet rules. READ MORE

Biden Cybersecurity Executive Order Nears Publication During its final days in office, the outgoing administration is hurrying to complete an executive order by President Joe Biden intended to bolster U.S. cybersecurity. The order incorporates takeaways from recent hacks. READ MORE

California Cops Continue to Stop Black and Hispanic Drivers More Often Black drivers, in particular, are stopped at disproportionate rates, a study of 5 million traffic stops found. Police officers say the analysis was flawed. READ MORE

California Law Blocks Health Insurers From Denying Claims Through AI Last year, about a quarter of all health insurance claims were denied in California. A new law blocks coverage denials made solely through artificial intelligence. READ MORE

CentralSquare Buys Startup AI Firm to Beef Up Public Safety Blueline AI, based in Texas, uses AI for tasks involving body cameras, police reports and search warrants. The coming year promises to be a big one for AI in policing — even as backlash against some of its uses builds. READ MORE

Cities Using AI for Transparency, Resident Engagement Municipalities around the nation are carefully using artificial intelligence to improve access to documents and public meeting materials, leaders said during the GovAI Coalition Summit in December. READ MORE

Connecticut Legislature Likely to Weigh AI Regulation Soon A lawmaker who is among the nation's biggest legislative proponents of regulating AI is hopeful to see legislation this year to protect residents from potentially discriminatory and harmful uses of algorithms. READ MORE

Cost of Sick Leave Used by State Employees Doubles in New Mexico  The personnel cost has doubled over the last three years. Employees have been granted more sick leave but they seem to be using more due to in-person work requirements. READ MORE

Despite Housing Shortage, Denver Puts Brakes on Dense Development The city’s planning office won’t approve conversion of single-family properties into multiple units in six neighborhoods. The desire to protect Latino neighborhoods from gentrification runs counter to the city’s housing goals. READ MORE

Digital Done Right: A Real-World Modernization Success Story Discover how one state agency tackled record backlogs, streamlined access to documents, and fortified security by digitizing decades of data.
DOWNLOAD

Drones in 2025: What State and Local Governments Should Know Drone technology is rapidly transforming government operations, but agencies face a complex web of challenges from navigating new regulations and security threats to harnessing AI and counter-drone technology. READ MORE

Efficiency Takes a Bow in Preview of Balanced Calif. Budget In a high-level view of the 2025-2026 fiscal year state budget, Gov. Gavin Newsom highlighted technology work and reforms by the Office of Data and Innovation, which is helping lead California’s tech evolution. READ MORE

Fairfax County, Va., CTO to Retire After Successor Is Named Chief Technical Officer Gregory Scott, who heads the county’s Department of Information Technology, is preparing to retire after nearly six years in the role. He has helped the local government refine its resident experience. READ MORE

Fourth Wave of Opioid Deaths Driven by Mixes of Drugs Stimulants such as cocaine and methamphetamine now often come laced with deadly amounts of fentanyl. The current wave is driving up mortality among Black and Hispanic Americans particularly. READ MORE

GenAI in Courts: How Artificial Intelligence Improves Efficiency and Accuracy in Court Systems State and local court systems are strained. Even routine legal processes can overburden staff and delay crucial judicial processes. The right AI assistant can transform the way courts are run, letting legal staff focus on helping more people get justice quickly and reliably. DOWNLOAD

GenAI Transforms How Agencies Use Data Generative AI enables users to find, summarize and visualize information without requiring specialized data skills. But agencies need an enterprise strategy to realize GenAI's full potential. This paper offers advice on building an effective strategy and using GenAI to address business, operational and IT needs. DOWNLOAD

House AI Report Offers Lawmakers a Policy Tool The bipartisan House Task Force on Artificial Intelligence has issued findings and recommendations in 15 areas including data privacy and national security. Humans, it said, should be at the center of AI policy. READ MORE

Housing Shortages Create an Alternative to NIMBYism The Yes In My Backyard movement is barely a decade old. But it has set the terms of the debate over state and local housing policy. READ MORE

How Alabama Made Tax Services More Accessible The Alabama Department of Revenue faced significant operational challenges with its legacy systems, which were not meeting evolving needs for scalability, security and efficiency. Learn how the agency decided to move to the cloud to address these challenges, and more. DOWNLOAD

How Alabama Made Tax Services More Accessible The Alabama Department of Revenue faced significant operational challenges with its legacy systems, which were not meeting evolving needs for scalability, security and efficiency. Learn how the agency decided to move to the cloud to address these challenges, and more. DOWNLOAD

How Five Cities Have Changed Policing Under Federal Consent Decrees  Just ahead of the Trump administration, Minneapolis agrees to be the 16th city to enter into a consent decree with the Justice Department. DOJ cites five others as models for success. READ MORE

How Government May Use Generative AI in 2025 and Beyond As generative AI continues to develop, one expert predicts that state and local government officials will use it as a virtual sandbox for test driving infrastructure changes, among other applications. READ MORE

How Jacksonville is Preserving Family Wealth in Majority-Black Neighborhoods A new program preserves home ownership for vulnerable residents who are at risk of property displacement through heirs’ properties. LEARN MORE

How Minnesota Created a Text Message System for Family Benefits The Minnesota Department of Human Services (DHS) revolutionized its outreach efforts by launching an innovative SMS text messaging system to connect with constituents during the COVID-19 pandemic. Download this paper to explore how Minnesota DHS overcame challenges, achieved measurable success, and laid the groundwork for scalable innovation.  DOWNLOAD

How Tacoma Boosted Loans to Black-owned Businesses by 333% Using the Equity Index, the City of Tacoma leverages data to identify and invest in underserved neighborhoods. LEARN MORE

How the U.S. Military Approaches Natural Disaster Preparedness In the face of natural disasters, preparation is key. This white paper explores how the U.S. military utilizes technology solutions such as drones, portable cell sites, and satellite connectivity to enhance disaster preparedness. DOWNLOAD

Illinois Human Services Breach Compromises Data of 1M The data breach last year by an outside entity resulted in the accessing of files that included Social Security numbers. Separately, hackers obtained the public assistance account information of more than 1 million people. READ MORE

Illinois Seeks to Rebuild Its EPA After Years of Neglect After years of cuts, the agency’s budget has doubled since 2020. But its new director will face challenges due to policy differences with the incoming Trump administration. READ MORE

In L.A., ‘Chaotic’ Winds Spread Fire Over Miles Hot, strong desert air is contributing to the devastating fires in the Los Angeles area. The current winds are much less predictable than previous patterns. READ MORE

Jimmy Carter's Neglected Legacy for American Governors As Georgia governor, he was a pioneer in efforts to attract foreign investment and promote exports, setting the stage for how U.S. states would help shape the global economy. READ MORE

Maryland’s Legislative Session Will Be Dominated by $3 Billion Shortfall With the state facing its worst budget gap in two decades, everything from education and juvenile justice to transportation spending is on the line. READ MORE

Minneapolis, Seattle Partner on Digital Curb Management The City of Lakes was recently jointly awarded a U.S. Department of Transportation grant. Officials there will work with their counterparts in Seattle to develop a program assisting package delivery services. READ MORE

New Tool Helps Local Governments Hire Displaced Federal Workers There's turnover in Washington with each new administration. Departing federal workers can bring valuable skills and experience to state and local governments. READ MORE

North Carolina Supreme Court Threatens to Steal an Election  A state supreme court justice won a narrow victory in November. Her challenger argues tens of thousands of votes should be thrown out. READ MORE

Ohio’s New UI System Will Come With a $83M Price Tag Ohio is investing $83 million on a project to modernize its 20-year-old unemployment system. The new solution promises to provide improved user and employee experiences as well as better fraud prevention. READ MORE

Oklahoma Names Dan Cronin as the State’s Newest CIO The state’s previous CIO resigned late last year after an "ethics violation." Cronin’s tech experience stretches back to 1998 with Microsoft, and he most recently worked for hotel operator Marriott International. READ MORE

Oregon Plan to Ease Rules for Foster Kids Draws Pushback Human services officials say more treatment options are needed to place children, but lawmakers are concerned lighter regulations will create more problems. READ MORE

Should Cities Open Their Own Grocery Stores?  Forty million Americans live in food deserts. Can government-owned grocery stores fix this? READ MORE

Should Medicaid Pay for Ozempic and Other Weight-Loss Drugs? With a dozen states offering coverage, it's already a $4 billion cost. Some state officials say reducing obesity will save programs money in the long run. READ MORE

Should States Ban Mandatory Human Microchip Implants? A new report examines the rise of pre-emptive bans on mandated human microchip implants, noting that 13 states have recently enacted such a ban, despite no companies currently requiring the technology. READ MORE 

Skills Training: How Governments Can Build an AI-Ready Workforce Download this paper for exclusive survey research in AI skills development, as well as strategies and best practices for upskilling employees in your organization to unlock the full potential of AI. DOWNLOAD

Smart Device Strategies for Seamless IT Discover a new approach to device management that streamlines IT costs and maximizes productivity. This guide explores how device subscription services (DSS) offer predictable costs, seamless lifecycle management, and improved employee satisfaction. Learn how to align your device strategy with sustainability goals and take advantage of flexible options designed to adapt as your needs evolve. DOWNLOAD

South Carolina Prepares to Launch AI Center of Excellence Rich Heimann, the state’s first-ever director of artificial intelligence, lauds its pragmatic approach to AI strategy and adoption. South Carolina’s chief information security officer will be part of the center's team, too. READ MORE

States Take Steps to Shore Up Pension Funding Recent laws to improve pension financing should save states tens of billions of dollars over the long term. READ MORE

States, Locals Fail to Meet Recommended Cybersecurity Goals Forty-eight states took part in a review, but only 22 reached or surpassed recommended minimum system security levels. Results for local governments showed they, too, have room for improvement. READ MORE

Ten of the Biggest Issues to Watch in 2025 State officials face challenges from shrinking revenue and major changes from Washington in shared programs such as education and Medicaid.  READ MORE

The Escalating Threat of 3D-Printed ‘Ghost Guns’  Arrests connected to the home-built weapons are growing rapidly in the U.S. and around the world. It’s likely to prove harder for governments and police to keep them out of the hands of criminals and extremists. READ MORE

The Four Key Components of Successful Digital Transformation This guide details four essential components for achieving successful digital transformation in Government: harnessing the power of SaaS and PaaS platforms, enabling data-driven decisions, improving access to comprehensive data, and fostering secure collaboration. DOWNLOAD

The Top 25 Security Predictions for 2025 (Part 1) As we end the first quarter of the 21st century, cybersecurity threats seem more daunting than ever. So what cyber trends, forecasts, themes, insights and predictions are on offer for the new year? Here’s your annual security industry prediction roundup for 2025. READ MORE

This Red Midwestern State Is a Global Paragon of Clean Power Iowa leads the nation in the percentage of its electricity it generates from wind and solar, showing that the transition doesn’t have to be expensive or scary or even constrained by politics. READ MORE

Thousands of Texans Give Up Calling Understaffed Suicide Hotline The state’s 988 service has a $7 million shortfall and the nation’s fifth highest rate of abandoned calls. The suicide rate in Texas has risen dramatically during this century. READ MORE

 Tyler Technologies Names New CMO, Other C-Suite Appointments The Texas-based government technology behemoth has appointed and promoted several new executives in recent days. The moves reflect how the company is growing and larger trends in the industry. READ MORE

U.S. Treasury Department Falls Victim to Foreign Hackers The federal agency disclosed Chinese state-sponsored bad actors had breached its network and gained access to unclassified documents. A Chinese Foreign Ministry spokesperson called the allegation “unwarranted and groundless.” READ MORE

Wash. Makes Tech Service Catalog Easier to Use, Access Collaboration and partnership with other agencies was central to the redesign of the WaTech Service Catalog, to better understand the needs of state departments and deliver a more obtainable product. READ MORE

What Will AI Policy Look Like Under the Trump Administration? The 2024 Republican platform declares the intent to repeal the AI Executive Order President Joe Biden enacted in October 2023. The technology sector foresees increased opportunities for innovation, but risks remain. READ MORE

What’s New in Digital Equity: Feds Fund Digital Upskilling Plus, the BEAD Progress Dashboard gets updated this week, a comprehensive report examines website accessibility across government, and one Georgia county gets to work on digital inclusion. READ MORE

Where States Place Their Capitals Changes How They're Governed  There's a reason states with big-city capitals produce different policies than those headquartered in out-of-the-way places.  READ MORE

With Executive Order, Mississippi Sets Path to AI Innovation Gov. Tate Reeves’ executive order mandates a statewide inventory of AI technologies, guidelines to responsibly integrate AI into public services and bridging communication across state agencies. READ MORE

Your Comparative Guide to Advanced Cloud Firewalls Discover which advanced cloud firewalls lead the pack in security efficacy, operational efficiency, and resilience. This in-depth report, backed by real-world testing across 12 solutions, offers a detailed comparison of how top firewalls perform against today’s evolving threats. DOWNLOAD 

An analysis of a New York State Court of Claims' decision addressing claims made by a nontenured faculty member following termination

In 2014, Claimant accepted an appointment with the Employer as an associate professor and lecturer. The initial appointment was for three years, beginning in 2014, but the contract of employment provided that "[t]o give [Claimant] the security of at least two years of employment, the appointment will be reviewed annually for possible extension by another year". Claimant was also notified that, as a nontenured professor, he would be in a collective bargaining unit represented by the recognized employee representative, which had a collective bargaining agreement [CBA] with Employer.

As described in the Appellate Division's decision, in February 2018, Employer notified Claimant in writing that it had opened a disciplinary investigation of him and that, "effective immediately", he would be required to work from home on an "alternate assignment." Employer further told Claimant that he was prohibited from communicating with any of the Employer's current or former students or employees without the Employer's written approval. The alternative assignment letter cited the relevant section of the CBA, which provided that an "alternative assignment shall not be regarded as discipline." Claimant refused to sign the letter, but immediately ceased work on his research projects and grant requests, missed scheduled events and remained home.

Employer cancelled Claimant's access to Employer's facilities and blocked him from using his Employer email account. 

A disciplinary investigation looked into allegations that Claimant, while attending an overseas conference, had engaged in unwelcome sexual conduct with a student of the Employer. Upon conclusion of the investigation, Employer recommended that Claimant attend a Title IX training session, but declined to file disciplinary charges against him. The following August Employer informed Claimant that it would not be renewing his employment and that Employer would terminate Claimant effective immediately and pay him the remainder of the term's one-year salary, an amount greater than $50,000.

Claimant subsequently filed a verified notice of claim against Employer initiating an action in the Court of Claims alleging, among other things, that Employer [a] had breached provisions of the relevant CBA; [b] terms of a contract with Claimant; [c] had wrongfully terminated him; and [d] had caused significant damage to his professional reputation and credibility. 

Following a three-day nonjury trial, the Court of Claims issued a judgment in favor of Employer, dismissing the claim filed by Claimant. Claimant appealed.

The Appellate Division, citing Orser v Wholesale Fuel Distribs. CT, LLC, 173 AD3d 1519, leave to appeal denied, 34 NY3d 909, and other decisions, affirmed the Court of Claims' ruling, explaining that "When conducting a review 'of a nonjury trial verdict,'this Court . . . independently review[s] the probative weight of the evidence, together with the reasonable inferences that may be drawn therefrom, and grant[s] the judgment warranted by the record while according due deference to the trial court's factual findings and credibility determinations".

The Appellate Division then said "To establish a cause of action for breach of contract, a party must establish the existence of a contract, the party's own performance under the contract, the other party's breach of its contractual obligations, and damages resulting from the breach" and in the event "a state agency contracts for value exceeding [$50,000], the contract is not enforceable until approved by the [New York State] Comptroller". 

Although a collective bargaining agreement is an exception to this requirement for Comptroller approval, the court, citing §112[4] of the State Finance Law and §204 Civil Service Law, opined that "a supplemental undertaking that is 'totally distinct from the terms and conditions' of the collective bargaining agreement must be approved by the Comptroller."

The Appellate Division held the Court of Claims had correctly determined that Claimant was barred from asserting any provisions of the appointment letter as it was not signed by the Comptroller. 

In the words of the Appellate Division, "Claimant is seeking to enforce the terms of his appointment letter as an agreement supplemental to the CBA, rendering it subject to the approval requirements of State Finance Law §112". 

Because the appointment letter was for a salary greater than $50,000 but was not approved by the Comptroller, the Appellate Division held it "null and void". The court, noting the CBA required only one year notice prior to nonrenewal, said "Employer acted in accordance with the CBA when it terminated Claimant with one year's notice". 

Because Claimant did not have a valid contract requiring more than one year's notice, the Appellate Division held that the Court of Claims [1] "correctly dismissed the causes of action for breach of contract and wrongful termination" and [2] properly dismissed Claimant's cause of action for defamation, as Employer neither published any untruthful statements about him nor made any statements that could be read as defamatory by implication.

The Appellate Division also observed that "Statements to the effect that there was an 'ongoing investigation' of Claimant cannot be considered defamatory, as a reasonable [person] would understand the statements [Employer] made about [Claimant] as mere allegations to be investigated rather than as facts", citing Brian v Richardson, 87 NY2d 46.

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

 

New York State Comptroller Thomas P. DiNapoli releases Municipal and School Audits

On January 9, 2025, New York State Comptroller Thomas P. DiNapoli issued the following local government and school audits

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

 

Main-Transit Fire Department – Credit Cards (Erie County)
Of the credit card purchases totaling $216,961 examined, purchases totaling $70,042 were not adequately supported, and $62,903 in discretionary purchases did not follow any specific guidelines. Although the board approved the credit card bills for payment, it did not ensure the related voucher packets had adequate supporting documentation to confirm the expenses were appropriate. As a result, 273 purchases were missing invoices or receipts. Auditors also found the board did not establish written policies or procedures for discretionary spending, and as a result, 353 purchases may not have been for proper department purposes.

Main-Transit Fire Department – Banquet Hall Disbursements and Collections (Erie County)
The manager made proper and supported disbursements from Jan. 1, 2022 through Sept. 30, 2023. However, the manager’s duties were not segregated, and he did not maintain prenumbered contracts, receipts or another suitable record to demonstrate amounts of collections due to the department. The manager booked rentals, collected and deposited rental fees, issued refunds and disbursed funds for rental hall purchases and operating expenses. He also calculated his own compensation and prepared and signed his own compensation checks without a board member or department official confirming the payment was supported and accurate.

Rush-Henrietta Central School District – Credit Cards and Purchase Cards (Monroe County)
District officials did not ensure that credit card and purchase card charges were properly approved and supported. Therefore, they could not be determined whether all charges were for appropriate district purposes. Additionally, officials did not ensure that credit card charges were reconciled in a timely manner and audited. Auditors reviewed 680 credit card and purchase card charges totaling $168,831 and determined that 538 charges totaling $156,982 had one or more exceptions. 410 charges totaling $144,142 were paid prior to audit and approval by the claims auditor. Another 355 charges totaling $104,258 required pre-approval but were not properly approved, and 82 charges totaling $6,199 for the facilities and transportation departments were not independently audited. The claims auditor who reviewed and approved the charges also maintained and administered the purchase cards for these departments. Auditors found 288 charges totaling $64,925 did not have adequate support, including a specific district purpose, a receipt or the required business expense reports.

Remittance (Wyoming County)
The tax collector did not remit collections to the town supervisor and county treasurer within the timeframes established by state law. As a result, funds were not provided to finance town and county operations in a timely manner. The tax collector did not remit taxes to the town supervisor at least weekly, as required by state law. The tax collector made one payment totaling approximately $800,000 to the county treasurer in April 2024, instead of paying three separate required payments totaling $706,991 in February, $53,702 in March and $36,747 in April. As of Sept. 25, 2024, the tax collector had not yet remitted approximately $1,600 in interest and penalties to the town supervisor, which were collected for late real property tax payments.

###

 

New York State Comptroller Thomas P. DiNapoli again warns that “People who steal from the New York State public employees' retirement systems will be caught and held accountable"

On December 30, 2024, a woman was sentenced to five years' probation and paid full restitution after being convicted of stealing nearly $85,000 in New York state pension payments. Deanna Hansen, the retiree's daughter, pleaded guilty to felony grand larceny in June 2024 before Judge Roger D. McDonough in Albany County Court.”

Hansen’s father had retired from the state in March 2003 and was receiving a direct deposit of his pension into a bank account. He died in April 2020, at which time the pension payments should have stopped. 

In July 2022, the state retirement system learned Hansen’s father had died and stopped payments. However Hansen's daughter had access to her deceased father’s bank account and ultimately stole $84,754.13 in New York State pension payments to which she was not entitled.  

The Comptroller also reported a Rochester woman pleaded guilty to stealing more than $121,000 in state pension checks that were sent to her deceased grandmother. 

The Comptroller thanked his partnership with Monroe County District Attorney Doorley and Sheriff Baxter, together with Assistant District Attorney Greg Clark and Chief of the Public Integrity/Economic Crimes Bureau, "for prioritizing these offenses that victimize our entire state.” 

DiNapoli said. “My office will continue partnering with law enforcement to protect the pension system and its members.” “Elona Roberts abused a system that is meant for dedicated public servants who spend long careers working for the people of their communities,” noted District Attorney Doorley said. “

After Elona Roberts' grandmother retired from her job as a maintenance supervisor for Monroe County in December 1998, she received a monthly pension check. When she passed away in 2017, the state pension system was not informed of her death and checks continued to be sent. Roberts forged her grandmother’s name as an endorsement and deposited 66 checks into her own back account. She spent the money on personal expenses such as household bills, jewelry, and hotels, in addition to making cash withdrawals.

When the pension system learned that Roberts’ grandmother had passed away, DiNapoli’s office launched an investigation, culminating in Roberts’ confession to the crime.

Roberts pleaded guilty on Monday to grand larceny in Monroe County Court before Judge Stephen T. Miller. She is due back in court for sentencing on March 7. 

### 

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 emailing a complaint to investigations@osc.ny.gov or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.

 

Termination of a hospital investigator's employment recommended by a New York City Office of Administrative Trials and Hearings Administrative Law Judge

Administrative Law Judge [ALJ] Michael D. Turilli recommended termination of a hospital investigator [Employee] found guilty of engaging in a pattern of discourteous conduct, insubordination, and unsatisfactory work performance.

At the trial the Employee’s co-workers, subordinates, and supervisors testified to her behavior at work, which included instances of name-calling, yelling, failing to supervise her employees, making false statements, and refusing to perform certain assignments.

Although Employee denied the allegations and testified that she believed she was being harassed and targeted by management, the ALJ found that appointing authority had adequately proved Employee was discourteous, insubordinate, and incompetent over the course of 18 months, and recommended Employee be dismissed from her position.

Because the Employee had ample notice that her unprofessional conduct could result in disciplinary action and still failed to change her performance, choosing instead to blame management and deny accountability, Judge Turilli determined that termination of the Employee was the appropriate remedy, notwithstanding  her minor disciplinary record over her long tenure within the hospital system.

Click HERE to access Judge Turilli's findings and recommendation posted on the Internet, which recommendation was adopted by the appointing authority. 

A Reasonable Disciplinary Penalty Under the Circumstances - A NYPPL 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 on the URL below:

http://booklocker.com/books/7401.html

Another OATH ruling recently posted on the Internet reported that Administrative  Law Judge Kevin F. Casey denied respondents’ and intervener’s motions to dismiss a prevailing wage proceeding, finding that Article 9 of the New York State Labor Law was applicable to workers who cleaned and disinfected subway cars during the COVID-19 pandemic. Click on Office of the Comptroller v. LN Pro Services, LLC & Fleetwash, Inc. to access Judge Casey's ruling posted on the Internet.

N. B.: OATH posts employment opportunities on the New York City's Jobs portal and on its website. Click here to View current openings. Just posted: Oath's Trials Division is currently seeking a Calendar Unit Supervisor, a Chief Law Clerk, and a Law Clerk.