Civics and Science: Contemporary Issues for Civil Democracy

Dr. Robert A. Michaels, NYPPL's Science Consultant, has published a new book focusing on contemporary issues of critical importance to American democracy.  

The book explores, in a strictly non-partisan manner, the nexus between civics and science, identifying contemporary issues of critical importance for American democracy. 

It promotes objective, clear thinking toward evidence-based decision making in a range of important issue areas.  Dr. Michaels is a politically unaffiliated observer of politics.  His analysis is rigorous, and his writing engaging and personal.

Available in a Kindle Edition [$4.99] and in a paperback hard copy format [$19.99].  For additional information about this work and to order your copy from Amazon, click HERE.

Resolving a tie vote by the NYC Board of Trustees of Article 1-B considering a firefighter's application for accidental disability retirement

A New York City firefighter challenged denial of a firefighter's application for Accidental Disability Retirement [ADR] following a tie vote by the Board of Trustees of the Article 1-B Pension in the course of its considering the firefighter's application for ADR.

In this appeal the Appellate Division sustained the rejection of the firefighter's application for ADR after a "tie vote" by the Board of Trustees resulted in the firefighter receiving Ordinary Disability Retirement [ODR], explaining:

1. A firefighter becomes eligible for Accidental Disability Retirement [ADR] benefits when a medical examination and investigation results in a finding that the firefighter is physically or mentally incapacitated for the performance of city-service as a natural and proximate result of an injury received in city-service; and

2. If the Medical Board concludes that firefighter is disabled, it must next determine whether the disability is "a natural and proximate result of an accidental injury received in such city-service" and certify its recommendation on this issue to the Board of Trustees, which is ultimately responsible for retiring the city service member and determining the issue of service-related causation; and

3. Although the Board of Trustees is "bound by the medical board's determination of disability," the Board is not bound by the medical board's determination that the disability suffered by the firefighter was the result of a service-related accident and the burden of establishing that the disability is causally related to a line-of-duty accident rests with the applicant for ADR; and ultimately

4. In the event the vote by the Board of Trustees results in a tie with respect granting the applicant ADR, the Board of Trustees is required to retire the applicant for ADR with Ordinary Disability Retirement benefits.

Further, opined the Appellate Division, a court may not set aside the denial of ADR resulting from such a tie vote unless "it can be determined as a matter of law on the record that the disability was the natural and proximate result of a service-related accident."

Click HEREto access the decision of the Appellate Division posted on the Internet.

Civics and Science: Contemporary Issues for Civil Democracy

Dr. Robert A. Michaels, NYPPL's Science Consultant, has published a new book focusing on contemporary issues of critical importance to American democracy.  

The book explores, in a strictly non-partisan manner, the nexus between civics and science, identifying contemporary issues of critical importance for American democracy. 

It promotes objective, clear thinking toward evidence-based decision making in a range of important issue areas.  Dr. Michaels is a politically unaffiliated observer of politics.  His analysis is rigorous, and his writing engaging and personal.

Available in a Kindle Edition [$4.99] and in a paperback hard copy format [$19.99].  For additional information about this work and to order your copy from Amazon, click HERE.

Former Village Treasurer alleged to have stolen over $70,000 from the Village

State Comptroller Thomas P. DiNapoli, St. Lawrence County District Attorney Gary Pasqua and the New York State Police today announced that Nancy Berger, formerly the Clerk/Treasurer of the Village of Norwood, was arrested for allegedly stealing $73,725 from the Village.*

The State Comptroller said that Berger "is accused of stealing funds from the Village of Norwood, a violation of her community’s trust and an abuse of her position as a public official. Thanks to my partnership with the St. Lawrence District Attorney’s Office and the New York State Police, we will make sure that justice is served on behalf of Norwood’s residents.”

Berger is alleged to have stolen Village funds between 2018 and 2022 by writing Village checks to herself. The alleged theft was initially uncovered by the Village and Berger resigned from her position shortly thereafter in June 2022. Berger was appointed Clerk/Treasurer in January 2017.

The alleged theft was reported by the Village to the St. Lawrence District Attorney’s Office, which then contacted the Office of the New York State Comptroller. District Attorney Pasqua pledged, “to work with the State Police and Comptroller’s Office to hold the [accused] accountable, rectify the financial losses incurred by the Village of Norwood, and assure the people of Norwood that my office will work to restore confidence in its public servants.”

* N.B. These charges are accusations and the individual is presumed innocent unless and until proven guilty in a court of competent jurisdiction.