Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

Issued during the week ending August 24, 2013

The State Comptroller audits local governments to assist them in improving their financial management practices. [Click on text highlighted in bold to access the full report.] 

DiNapoli, NYBDC Announce $3.2 Million Loan to Nirvana Water

New York State Comptroller Thomas P. DiNapoli and New York Business Development Corporation CEO Pat MacKrell announced a $3.2 million loan to Nirvana Water, based in Boonville in Oneida County on August 21, 2013 . The loan marks a milestone of 1,000 loans granted to small businesses in New York using funds from the New York State Common Retirement Fund.

DiNapoli Announces Two SoftBank Capital Investments In New York City Tech Market

Two New York City–based technology companies, RebelMouse and Coopkanics, received venture funding from SoftBank Capital, an investment partner of the New York State Common Retirement Fund, through the In–State Private Equity Program, New York State Comptroller Thomas P. DiNapoli announced August 20, 2013.

DiNapoli: New York’s Job Count Up, Though Growth Slows

For the first time in six years, national job growth rates have exceeded those in New York State, according to a new report on economic trends released August 23, 2013 by New York State Comptroller Thomas P. DiNapoli.

Comptroller DiNapoli Releases Municipal Audits

New York State Comptroller Thomas P. DiNapoli Wednesday announced his office completed audits of

the Carthage–Wilna Fire District;

the Village of Clyde;

the Town of Dayton;

the Village of Maybrook;

the Olcott Fire District, Inc.;

the Town of Ontario;

the Town of Putnam Valley; and,

the Town of Washington.

New York State Fair

Comptroller DiNapoli will be at the New York State Fair in Syracuse on Monday, August 26th. During his visit, the Comptroller and staff from the Division of Unclaimed Funds will present unclaimed funds checks to Central New York owners.

You can join the conversation and see information about his visit on Facebook at www.facebook.com/nyscomptroller.
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The Adjunct Law Professor’s LawBlog has a new look

The Adjunct Law Professor’s LawBlog has a new look

The Adjunct Law Professor Law Blog, which has as its focus personnel law in general and public personnel law in particular, has been completely redesigned.

Recent posts include summaries of decisions addressing discrimination against the disabled and claims alleging same sex harassment.

The URL is http://lawprofessors.typepad.com/adjunctprofs/

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New York State’s Student Internship Program Offers Hundreds Of Internships

New York State’s Student Internship Program Offers Hundreds Of Internships Source: New York State Department of Civil Service

Civil Service Commissioner Jerry Boone recently announced that New York State has hundreds of internships available, and reminded college students to apply for Fall semester internships before the application deadline on September 3, 2013. New York State created a one-stop website at http://nysinternships.com/nnyl/ that allows students to view and apply for internship opportunities across an array of state agencies both downstate and upstate. The website is one component of Governor Andrew M. Cuomo’s New New York Leaders initiative, which is focused on attracting new talent to state government through both a fellowship program and an internship program.  With the internship website, applicants can view job descriptions, create profiles, specify interests, and upload resumes, writing samples and letters of recommendation.  Students can apply for multiple internships at the same time. “The internship program is designed to attract and mentor a new generation of talented leaders for New York State,” said Governor Andrew M. Cuomo.  “I continue to encourage talented college students to consider devoting time to public service while acquiring valuable skills and marketable work experience.” “New York State continues to offer a wide variety of opportunities across numerous professional occupations,” said Civil Service Commissioner Jerry Boone.  “Governor Cuomo’s internship program offers opportunities for hands on experience in finance, engineering, public relations, information technology and health care, as well as a host of other professional disciplines.” The program is open to resident graduate and undergraduate students as well as students who attend schools in other states, but reside in New York.  Opportunities include both paid and unpaid positions.  Internships may include academic credit depending on the policy of the educational institution. To apply, visit http://nysinternships.com/nnyl/ .

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Public employee pensions account for about 3% of government spending

Public employee pensions account for about 3% of government spending

Source: New York State Teachers’ Retirement System

According to a February 2012 report by the National Association of State Retirement Administrators (NASRA), “on the average, pension costs for state and municipal governments are just shy of 3% of total spending.”

The NASRA report noted that “State and local government pension benefits are paid not from general operating revenues, but from trust funds to which public retirees and their employers contributed while they were working. …On average, public pension programs remain a small part of state and local government spending.”

NASRA’s calculations were based on the most-recent data then available from the U.S. Census Bureau. (Read more)
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Retraining and progressive discipline deemed inappropriate penalties where correction officer was found guilty of using excessive force against an inmate

Retraining and progressive discipline deemed inappropriate penalties where correction officer was found guilty of using excessive force against an inmate

OATH Index Nos. 731/13 & 1000/13

OATH Administrative Law Judge Alessandra R. Zorgniotti recommended that a correction officer found guilty of using improper force on four occasions be terminated from his position.

The New York City Department of Correction alleged that the correction officer used excessive physical force in dealing with prison inmates such as choking inmates, punching inmates in the head, and slamming one inmate against a wall. Among the charges served on the correction officer was one that alleged that he hit an adult inmate with a radio. 

The correction officer was also charged with making false statements in interviews concerning his conduct. 

ALJ Zorgniotti found that the correction officer’s use of deadly force and his inability to appreciate the seriousness of his misconduct indicated that retraining and progressive discipline were inappropriate penalties.

Accordingly Judge Zorgniotti recommended the individual be dismissed from his position.

The decision is posted on the Internet at:

http://archive.citylaw.org/oath/13_Cases/13-731.pdf
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Determining eligibility for accidental disability benefits

Determining eligibility for accidental disability benefits

Mruczek v McCall, 299 AD2d 638,
Steven v McCall,**

 

The Mruczek Case:The Mruczek decision demonstrates the burden an individual has in proving that he or she is eligible for accidental disability benefits or line of duty disability benefits. The test to be met is difficult. 

In the words of the Appellate Division, in order for an injury to be the result of an accident for the purposes of eligibility for [accidental] disability retirement benefits within the meaning of the Retirement and Social Security Law, it must "result from a `sudden, fortuitous mischance, unexpected, out of the ordinary and injurious in impact' and [be] unrelated to the ordinary risks of employment." 

The Comptroller sustained ERS's rejection of Patrick M. Mruczek's applications for accidental, or in the alternative, performance of duty, disability retirement benefits.

Mruczek, a correction officer at the Attica correctional facility, claimed he was injured while at work when he fell over a "feed-up" cart as he proceeded to remove his lunch from a microwave oven. According to Mruczek, he was talking to the hall captain when he heard the bell on the microwave oven. Turning around to retrieve his meal, he fell over a feed-up cart that he alleged had been placed behind him by an inmate. Mruczek also testified that it was normal for inmates to use the feed-up carts and that it was not uncommon to see the carts in the block area in which the accident occurred. 

The Employees' Retirement System [ERS] explained that it had rejected Mruczek's applications because the occurrence was neither (1) an accident nor (2) a result of the acts of an inmate. The Comptroller affirmed ERS's ruling; Mruczek appealed.

The Appellate Division held that "[u]nder these circumstances, the Comptroller could rationally conclude that [Mruczek's] injury occurred as a result of his misstep while he was engaged in a routine activity rather than a sudden, fortuitous and unexpected event."

The Stevens Case: In Stevens the Appellate Division, 3rd Department affirmed the Comptroller's decision that a Nassau County police officer, Gordon F. Stevens, did not qualify for accidental disability retirement benefits.

Stevens was the commanding officer of the County's Marine/Aviation Bureau. He injured his arm while he was assisting other officers engaged in launching a 36-foot patrol vessel weighing 30,000 pounds.

The Appellate Division said that "[c]rucial to the finding of an accident ... is `a precipitating accidental event ... which was not a risk of the work performed.'" Stevens contended that he was not engaged in a task he normally performed and he had never before participated in launching a boat. However, he also said that it was his job was to "make sure everything [got] done" and indicated that, because of the urgency of the situation, he physically assisted in launching the boat. In addition, a former commanding officer of the Bureau testified that it was the responsibility of the commanding officer to see to it that all functions of the Bureau were accomplished and this included physically assisting in the performance of certain tasks if necessary to fulfill this responsibility. 

The court's conclusion: notwithstanding the fact that Stevens had not previously participated in launching the patrol boat, there was substantial evidence to support the Comptroller's finding that "it was a task inherent in [Stevens'] regular duties as commanding officer to carry out the functions of the Bureau" and, therefore, it declined to disturb the Comptroller's determination disapproving Steven's application. 

**The decision is posted on the Internet at http://decisions.courts.state.ny.us/ad3/decisions/2002/91879.pdf
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