May 23, 2008
NYSAC Seeks Indigient Legal Services Fund Fix
In March, the Office of the State Comptroller determined that 9 counties (Albany, Allegany, Delaware, Fulton, Genesee, Herkimer, Rockland, Washington and Yates) did not meet the maintenance of effort (MOE) requirements needed to receive a distribution from the Indigent Legal Services Fund (ILSF) on March 31st. To address this immediate loss of funding, NYSAC was successful in advocating for Chapter 39 of the Laws of 2008, which held the ILSF payment for these counties in reserve until May 27th. Since that time, several counties have met the MOE and received their funds, but with the new deadline approaching, NYSAC is urging the Governor, Senate and Assembly to come to agreement on a plan to ensure that the remaining counties do not lose their ILSF funding.
The ILSF provides revenues to partially offset the increased rates for assigned counsel mandated by the state in 2003. The ILSF requires that a county demonstrate, “with specificity,” either that: (1) there was no decrease in the total amount of local funds expended on indigent legal services during the calendar year when compared to the previous calendar year, or (2) if there was a decrease, all ILSF monies received by the county were used to assure an improvement in the quality of indigent legal services and not supplant local funds. In the event this maintenance of effort (MOE) is not met, the county losses 100 percent of their share of the ILSF, with those amounts reallocated to counties across the state.
Since the ILSF’s inception, NYSAC has been concerned that the current MOE provision is inflexible and does not take into consideration unique or unforeseen circumstances. NYSAC is hopeful that the Governor and Legislature will reach an agreement that protects the indigent defense funding in these impacted counties early next week. (Ken Crannell)
Governor Paterson Submits Identity Theft Bill
Governor Paterson this past week unveiled legislation that will strengthen the State’s identity theft laws and help protect social security numbers from being misused. In NYSAC’s 2008 Legislative Program, the association called for state legislation that would protect personal identifying information within public documents.
This bill amends current law to:
- restrict the ability of employers to use an employee’s personal information, or posting or displaying an employee’s full social security number (SSN), or placing social security numbers in files with unrestricted access,
- allow New York residents to protect their personal data by having their names placed on an “exclusion list” maintained by information brokers,
- outlaw the possession of “skimmer” devices, which can obtain personal identifying information from credit cards,
- enable victims of identity theft to seek assistance from the Consumer Protection Board’s (CPB) Identity Theft Prevention and Mitigation Program, and
- allow victims of identity theft to obtain restitution for the value of the time they spend fixing the damage caused by the theft.
The bill would also put new restrictions on the use of social security numbers by state and county governments. Beginning on January 1, 2010, public officials would be prohibited from intentionally communicating an individual’s social security number unless required to do so by other state or federal law. NYSAC successfully advocated for bill language that exempts documents recorded or filed in a County Clerk’s offices prior to the 1/1/2010 effective date. Under the measure, County Clerk’s would be able to redact a number, upon an individual’s request, from the online version of a document if the bill becomes law. (Pete Savage)
Counties Support Measure Prohibiting Double Dipping for Injuries
The Association of Counties joined representatives of several hundred local governments this week for a press conference urging state legislators to enact a bill that would prevent the double dipping of public funds. The bill, S.4164/A.2989, would put an end to public employees unfairly collecting damages from lawsuits against their government employers on top of government benefits—thus getting paid twice on the taxpayers’ dime.
If a government worker is injured, the worker can receive an accident disability pension tax-free for life. However, the worker can also sue his or her public employer for lost future earnings and collect the damages in addition to the pension. This practice of double dipping, which evolved from a legal quirk years ago, does not apply to private employers and carries a potential liability of nearly $164 million in pending cases in New York City alone. This bill could save taxpayers at least $11 million per year—funds that should be used for more essential public purposes.
The bill would require that any award for lost future earnings made to a public employee suing his or her public employer be reduced by the amount of the accident disability pension or any other collateral source of compensation the employee will receive to replace those very same lost earnings. The bill does not affect damage awards for pain and suffering. Aside from disability pensions, other examples of collateral sources might include insurance (except life insurance) and some forms of Social Security. Existing law already requires such an offset in lawsuits against private employers. (Mark LaVigne)
State DCJS Providing Programs on How to Deal With Sex Offenders
This week, the NYS Division of Criminal Justice Services’ Office of Sex Offender Management notified stakeholders of a series of lectures designed to help develop effective strategies for dealing with sex offenders in the community.
These sessions will give law enforcement, district attorneys, probation officers, treatment providers and social service and mental health professionals the tools required to effectively deal with this difficult population.
These trainings are designed to help local practitioners and providers make informed decisions regarding sex offenders. The information can be used in establishing effective community responses and planning prevention education. (Adriano Bongiorno)
Census Seminar Available on the NYSAC Website
With New York State’s population experiencing stagnant growth, state and county officials are concerned about the potential loss of federal funds and congressional representation, and they want to make sure that every New Yorker is counted in the 2010 census.
On May 7th, NYSAC and partners from state agencies and Cornell University, hosted a seminar on the latest census estimates, how counties will be impacted by those estimates and what they can do to challenge them if they are not accurate. The 90 minutes seminar was recorded and can be downloaded at www.nysac.org . (Jeff Osinski)
Call for articles for the Summer 2008 issue of the NYSAC News magazine
Is your county involved in a shared services project? Is there a story to tell that would benefit the efforts of other county officials across the state?
The focus of the next issue of the NYSAC News magazine is focused on streamlining public services at the local government level. Submissions should be between 750 to 1,000 words and include a 300 dpi photograph of the author or an appropriate photograph to accompany the text. Articles must be sent to mlavigne@nysac.org by June 13, 2008. (Mark LaVigne)
Save the date for the NYSAC Fall Seminar
The NYSAC Fall Seminar will be held September 24-26, 2008 in Niagara Falls, Niagara County.
NYS Environmental Facilities Announces 2008 Co-Funding Workshops
The New York State Environmental Facilities Corporation (EFC) has announced the schedule for the 2008 New York State Water & Sewer Infrastructure Co-funding Workshop plus Individual Project Consultations. Spearheaded by EFC, this multi-agency event provides detailed information on government funding programs available to municipalities for water and sewer projects.
The 2008 workshop dates and locations are:
- October 7, Holiday Inn Downtown Buffalo
- October 16, Holiday Inn Utica Business Park (New Hartford)
- October 29, Queensbury Hotel Glens Falls
Registration is required for both the Workshops and Consultations. To register online visit www.nycofunding.org, or register by phone at 1-800-882-9721. EFC will contact those registering for a consultation to set up an appointment. Consultation time slots are limited so early registration is highly recommended.
Upcoming Next Week
Happy Memorial Day from the board and staff of the New York State Association of Counties.
The Senate and Assembly are scheduled to be in session on Tuesday through Thursday.
