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Opinion 93-29
… the village, without regard to whether the newspaper is published within the village. You ask whether a village is required to designate as its official newspaper the only newspaper which is "published" in the village. The Village Law contains no …
https://www.osc.ny.gov/legal-opinions/opinion-93-29Opinion 98-20
… or statutory amendments that bear on the issues discussed in the opinion. FIRE COMPANY -- Fire Police Squads … reasonably related to the functions to be performed and is in the best interest of the fire district. You ask whether a … If so, you ask whether a board of fire commissioners, in its discretion, may provide that newly-appointed members …
https://www.osc.ny.gov/legal-opinions/opinion-98-20Opinion 97-1
… or statutory amendments that bear on the issues discussed in the opinion. PUBLIC HOUSING AUTHORITIES -- Powers and Duties (participation in county workers' compensation self-insurance plan) WORKERS' … COMPENSATION -- County Self-Insurance Plan (participation in by village housing authority) WORKERS' COMPENSATION LAW, …
https://www.osc.ny.gov/legal-opinions/opinion-97-1Opinion 91-63
… interest in the building in which the store is located. Article 18 of the General Municipal Law (§800, et seq .) … board's proceedings. Disclosure is not required under section 803 in the case of an interest in a contract which is … town to avoid even the appearance of impropriety. January 8, 1992 Michael G. Walsh, Esq., Town Attorney Town of …
https://www.osc.ny.gov/legal-opinions/opinion-91-63Opinion 92-25
… extent inconsistent herewith. September 21, 1992 Joseph Frank, Esq., Attorney Elmont Fire District …
https://www.osc.ny.gov/legal-opinions/opinion-92-25Opinion 96-3
… This opinion represents the views of the Office of the State Comptroller at the time … prohibited interest in a contract for environmental review and planning services between the village and either the … deemed to have an interests in contracts between the firm and the village. Unless an exception applies, these interest …
https://www.osc.ny.gov/legal-opinions/opinion-96-3Opinion 96-16
… issues discussed in the opinion. IMPROVEMENT DISTRICTS -- Property (use of proceeds from sale of) WATER DISTRICTS -- … of proceeds from sale of) TOWN LAW, §198(12); MUNICIPAL HOME RULE LAW, §10: A town may not, pursuant to either Town … 141; 1986 Opns St Comp No. 86-53, p 84; see also Municipal Home Rule Law, §10[1][ii][d][3]). Accordingly, since the town …
https://www.osc.ny.gov/legal-opinions/opinion-96-16Opinion 2002-14
… appropriateness of settlement) STATE CONSTITUTION, ARTICLE VIII, §1; VILLAGE LAW §§1-102(5), 4-400(1)(l), … monies to the property owners under these circumstances. Article VIII, §1 of the State Constitution prohibits … or private corporation, association or undertaking. Article VIII, §1 generally prohibits the expenditure of …
https://www.osc.ny.gov/legal-opinions/opinion-2002-14Preferred Source Contracting
… monitoring contracts fulfilled by not-for-profit providers in partnership with private entities to ensure contract requirements are being met; … workers as required by law; and whether facilitating entities are awarding contracts in a manner that best meets … monitoring contracts fulfilled by notforprofit providers in partnership with private entities to …
https://www.osc.ny.gov/state-agencies/audits/2016/06/28/preferred-source-contractingDiNapoli: State Missing Nearly $2.4 Million in Uncollected Tolls
… some unpaid tolls as "unbillable" because either the license plates captured on camera cannot be traced or are not … toll collection for a variety of reasons, including license plate images that could not be processed and an … TBTA to get out-of-state drivers' addresses for temporary license plates from their state's Department of Motor …
https://www.osc.ny.gov/press/releases/2018/07/dinapoli-state-missing-nearly-24-million-uncollected-tollsOpinion 88-57
… rates may include a classification under which low income senior citizens are charged at a reduced rate) CONSTITUTIONAL … of water rates including a classification under which senior citizens meeting certain income criteria are charged … may establish a schedule of water rates under which senior citizens who meet certain income criteria are charged …
https://www.osc.ny.gov/legal-opinions/opinion-88-57IX.8.D Electronic Refund Payments to the U.S. HHS – IX. Federal Grants
… pertain to the refund or return of federal funds to the US HHS due to: Excessive cash balances on deposit that are … will not be immediately disbursed for program purposes and therefore must be returned to the U.S. Treasury. In all such instances, the award is considered …
https://www.osc.ny.gov/state-agencies/chapter-ix/ix8d-electronic-refund-payments-us-hhsOpinion 88-7
… superseded. You ask whether 4 Opns St Comp, 1948, p 315 (File No. 3046) reflects the current position of this Office. … raised therefor and not from the surplus bond proceeds. File No. 3046 relied in part on section 165.00 of the Local … during the current year. Based upon these provisions, File No. 3046 concluded that: ". . . there is grave doubt …
https://www.osc.ny.gov/legal-opinions/opinion-88-7DiNapoli Finds State Needs to Do More to Address Nursing Home Pandemic Issues
… state Department of Health (DOH) has made limited progress in addressing the widespread failures identified in a March 2022 audit of the state’s response to the COVID-19 outbreak in nursing homes, according to a follow-up report released … state Department of Health DOH has made limited progress in addressing the widespread failures identified in a March …
https://www.osc.ny.gov/press/releases/2023/12/dinapoli-finds-state-needs-do-more-address-nursing-home-pandemic-issuesHomeless Services Housing Needs Assessment
… are receiving services needed to transition to permanent housing. The audit covered the period from January 2018 … childcare services, and assistance with finding permanent housing. Local departments of social services (Local … across the State. Each client who receives temporary housing in a certified shelter must take part in a Needs …
https://www.osc.ny.gov/state-agencies/audits/2023/08/15/homeless-services-housing-needs-assessmentDiNapoli: Federal Aid, Increasing Tax Revenues and Savings Boost New York City's Surplus
… to its 10-year pre-pandemic average. Property tax revenues are now expected to rise in FY 2023 by $1.5 billion from the … than expected. Budget gaps during FY 2024 through FY 2026 will average about $2.7 billion, an amount that has … is much improved since the pandemic started, there are likely to be significant fiscal challenges ahead …
https://www.osc.ny.gov/press/releases/2022/03/dinapoli-federal-aid-increasing-tax-revenues-and-savings-boost-new-york-citys-surplusDiNapoli: Public Must Be Alerted to Sewer Overflow Problems
… “Untreated or undertreated sewage that is discharged into ground and surface waters poses serious health risks,” … systems were complying with the reporting requirements. For the period from April 2017 to February 2020, auditors … 83 (22 percent) of the 371 systems were not registered for the NY-Alert notification system and were not reporting …
https://www.osc.ny.gov/press/releases/2020/10/dinapoli-public-must-be-alerted-sewer-overflow-problemsOpinion 89-36
… This opinion represents the views of the Office of the State Comptroller at the time it was rendered. The … Whether the permissive referendum requirements of General Municipal Law 6c are applicable to the establishment of a capital reserve fund to construct …
https://www.osc.ny.gov/legal-opinions/opinion-89-36DiNapoli: Employment Services System for New Yorkers with Disabilities Is Underutilized
… “Efforts to increase employment among individuals with a disability have fallen short. Better management and … use NYESS. NYESS is also an employment network under the Social Security Administration’s (SSA) Ticket to Work (TTW) program. …
https://www.osc.ny.gov/press/releases/2022/08/dinapoli-employment-services-system-new-yorkers-disabilities-underutilizedOversight of Juvenile Justice Facilities
… ensure that all direct care staff were current with the training to be authorized to restrain youth. We reviewed training records for 162 employees involved in restraint … and found: 87 (54%) employees were not up to date with the training required to be authorized to restrain youth. For …
https://www.osc.ny.gov/state-agencies/audits/2024/04/03/oversight-juvenile-justice-facilities