ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

August 11, 2014

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending August 9, 2014


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending August 9, 2014
Click on text highlighted in color to access the full report
Department of Health (DOH) – Inappropriate Medicaid Payments for Recipients with Multiple Identification Numbers and No Social Security Numbers (Follow-Up) (2014-F-1)
An initial audit report, issued in July 2012, identified $17.3 million in Medicaid overpayment because 9,848 recipients were enrolled into Medicaid with multiple identification numbers. In a follow-up, auditors found DOH officials have made progress in correcting the problems identified in the earlier report. This included the recovery of approximately $2.7 million in Medicaid overpayment for services provided to recipients with multiple identification numbers. Of the initial report's two recommendations, one was implemented and one was partially implemented.

Metropolitan Transportation Authority Time and Attendance Practices of Selected Employees (2011-S-45)
Auditors found significant discrepancies between the time and attendance records maintained by employees of Long Island Railroad’s Richmond Hill shop when compared with their work production records for the same periods. Auditors also identified several MTA employees who work and reside in New York City during their respective work weeks who are reporting that they reside outside the city and avoiding New York City income tax.

New York State Thruway Authority – Mission Statement and Performance Measures (2013-S-9)
The authority's 2011 and 2012 mission statement and measurement reports did not provide users of the highway and canal systems with complete and accurate information about what has been achieved on their behalf. The authority did not report on five of 15 performance measures and six of the 10 measures we reviewed were not accurately reported or did not fully disclose the results of the authority's operations. The authority has not set performance and accountability goals for 13 of the 15 performance measures in quantitative terms. The authority's board has not reviewed its mission statement and performance measures annually since April 2010, as required.

Office of the Medicaid Inspector General (OMIG) – Accuracy of Reported Cost Savings (2013-S-29)
Although the audit showed the majority of the reported cost savings examined were reasonable and adequately supported, auditors also estimate OMIG overstated savings from 27 of 35 activities examined by at least $1.2 billion as a result of flaws and/or inconsistencies in the methodologies used to estimate savings. OMIG officials indicate they have taken corrective action on the methodologies for many of these 27 activities. A lack of communication among the managers responsible for the various activities contributed to these problems.

State Education Department –Tuition Reimbursement Account for the Three Fiscal Years Ended March 31, 2013 (2014-S-17)
The audited financial statements present fairly, in all material respects, the respective financial position of the Tuition Reimbursement Account as of the three fiscal years ending March 31, 2013, and the respective changes in financial position for the years then ended, in accordance with generally accepted accounting principles.

August 09, 2014

New York State Internship -- opportunities for the Fall semester


New York State Internships -- opportunities for the Fall semester
Source: New York State Department of Civil Service

On August 6, 2014 New York State Civil Service Commission President Jerry Boone has announced that the application deadline is approaching for hundreds of internship opportunities available within New York State government. Commissioner Boone encouraged college students to submit applications for the Fall semester as soon as possible as the deadline for submitting applications is September 8, 2014.

A list of internships currently available is posted on the Internet at:

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 New York State's “one-stop website” at nysinternships.com You may also view an internship video posted on this site for additional information.
..

Are you a Veteran?


Are you a Veteran?

Do you know a Veteran, family member or friend?

Learn about your benefits at: www.veterans.ny.gov  or
call 1-888 VETSNYS (838-7697)

. .

August 08, 2014

Discontinuing the services of a probationary employee


Discontinuing the services of a probationary employee
2014 NY Slip Op 05440, Appellate Division, Second Department

A New York City Department of Education probationary employee [PE] serving a position in the Unclassified Service was terminated during her probationary period. PE sued and Supreme Court directed the Department not discontinue PE’s employment as a probationer but, rather, to take some alternative action in that regard.

The Department appealed and the Appellate Division reversed the lower court’s ruling “on the law and the facts.”

The Appellate Division explained that contrary to PE’s claim, and Supreme Court’s determination, the Department “merely discontinued [PE’s] probationary service” and did not terminate her employment with the New York City Department of Education. Presumably PE had been on leave from another position with the Department and was reinstated to her former position when her services as a probationer were discontinued..

Finding that there was “a valid basis for the [Department’s] determination that the [PE’s] probationary service was unsatisfactory,” the Appellate Division ruled that “Supreme Court erred by, in effect, directing the [Department] to take some alternative ameliorative measure other than the discontinuation of her probationary service.

In contrast, were PE serving as a probationary employee but was not on leave from a position in which she had tenure, she would have been terminated from her employment with the Department as a result of her having satisfactorily completing her probationary period.

For example, with respect to employees in the Classified Service, Civil Service Law §63, in pertinent part, provides “When probationary service is required upon promotion, the position formerly held by the person promoted shall be held open for him [or her] and shall not be filled, except on a temporary basis, pending completion of his [or her] probationary term.
.

Providing for the defense and indemnification of officers and employees of public entities named as defendants in civil litigation


Providing for the defense and indemnification of officers and employees of public entities named as defendants in civil litigation
2014 NY Slip Op 05510, Appellate Division, Second Department

A number of employees [Plaintiffs] of the State sued their employer and named an agency employee “in her official capacity” for damages for “intentional infliction of emotional distress, negligent misrepresentation, fraudulent misrepresentation, defamation, abuse of process, and civil rights violations pursuant to 42 USC § 1983.”

In response to the Attorney General’s motion to dismiss the complaint, Plaintiffs filed an amended complaint removing the agency and the employee “in her official capacity” as defendants and then sought to name the employee as the defendant “in her individual capacity.”

The bottom line: Supreme Court granted Attorney General’s motion to dismiss the amended complaint as “time barred” and Plaintiffs appealed.

Among the issues considered by the Appellate Division was Plaintiffs’ contention that the Attorney General “was without authority to defend” the employee in this action as she was being sued in her “individual capacity” rather than in her “official capacity.” The Appellate Division said that Plaintiffs' arguments were “without merit,” citing Public Officers Law §17[2][a])*.

§17[2][a] provides for the defense of State officers and employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the officer or employee was acting within the scope of his or her public employment or duties, including the federal civil rights statutes, 42 USC 1981 and 42 US 1983.

The Appellate Division then sustained Supreme Court’s ruling that the statutes of limitations applicable to the Plaintiffs' claims” filed against the employee in her individual capacity had expired, explaining that the statute of limitations was not tolled by the doctrine of equitable estoppel as the record establishes that Plaintiffs had "timely awareness of the facts requiring [them] to make further inquiry before the statute[s] of limitations expired.”

* §18[2][a] of the Public Officers Law permits public entities other than the State as an employer to provide for the defense and indemnification of its officers and employees of public entities upon its adoption of an appropriate law, by-law, rule, regulation or resolution.
.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these 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.
New York Public Personnel Law Blog Editor 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. 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