NYCOM wants to ensure that our members are aware of last month’s Court of Appeals decision in the case Calabrese v. City of Albany. In short, the Court ruled that reports submitted via the City of Albany’s citizen request management system (SeeClickFix, a web-based 311 system) satisfied the requirements of Albany’s prior written notice of defect local law. A copy of the decision is HERE for your reference.
In upholding the decisions of the trial court and the Appellate Division, the Court of Appeals found that the City of Albany’s prior written notice of defect local law could be satisfied by submitting reports via SeeClickFix (SCF). The key issue in the Court’s decision is the language that the City used in its prior written notice local law, which requires that the notice be “written” and “actually given to the Commissioner of Public Works.” The court noted that the reports users submit themselves via SCF satisfy the “written notice” component of the City’s law. The Court also noted, however, that local governments may provide a different, more specific definition of “written notice.” In addition, the Court concluded the reports submitted through SCF were “actually given” to the Commissioner.
The key to using a platform such as SCF without it constituting prior written notice of defect is to clearly articulate in the local law establishing the prior written notice of defect requirement that SCF (or a similar platform) is not an acceptable method of filing such notices. Furthermore, local laws should also be clear as to how such written notices of defect must be filed with the local government (e.g., by hand, first class or certified mail).
City and village officials should review the Court’s decision as well as their own prior written notice of defect local laws to determine if they need to amend their prior written notice of defect procedures to address the Court’s holding and limit their local government's exposure from electronically submitted written reports of defects.
NYCOM is working with attorneys who specialize in municipal tort defense to develop a sample local law to address the issues raised in the decision.
Questions about this decision can be directed to NYCOM General Counsel Wade Beltramo at
Address: Marriott Melville Long Island, 1350 Walt Whitman Road, Melville, NY 11747
Presenter: Rebecca Ruscito, NYCOM Counsel
NYCOM will host its annual Village Elections Workshop in conjunction with the Long Island Village Clerks and Treasurers Association (LIVCTA) meeting on Thursday, January 9, 2025. LIVCTA’s breakfast meeting will begin at 8:30 a.m. and the elections workshop will begin at 9:30 a.m. To register for the breakfast meeting, please contact Joanna Palumbo at 516-746-0782 ext. 101 or
This workshop will provide a thorough overview of the village elections process in an interactive format and address:
While there is no charge for this in-person workshop, please register HERE.
This WORKSHOP is eligible for 3.0 elective credits for those enrolled in NYCOM's Elected Officials Academy.
VIEW UPDATE (updated 12-27-24)
Consistent with the final rule issued by the US Treasury, all ARPA funds must be obligated by December 31, 2024. The information below will clarify the amended definition of "obligation" and several related issues.
WEBINAR & SLIDE DECK: Countdown to the ARPA SLFRF Obligation Deadline: What Local Governments Need to Know Before December 31, 2024
Obligate it or Lose it! Preparing for the Upcoming ARPA SLFRF Obligation Deadline
WEBINAR: U.S. Department of the Treasury: State and Local Fiscal Recovery Funds: New Obligation FAQs
WEBINAR QUESTIONS AND SLFRF FAQ REFERENCES
The updated obligation-related FAQs are found in the new Section 17: https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-FAQ.pdf
VIEW UPDATE (added 12-16-24)
REGISTER NOW (discount code:250417) | VIEW AGENDA
Join State Authorities, Regulators & Key Stakeholders for a Comprehensive Look at the Critical Issues Impacting the Empire State’s Clean Energy Landscape
Infocast's New York Energy Summit returns to Albany in April 2025 with a remarkable roster of energy sector leaders to discuss the policy landscape and explore emerging opportunities on the path to achieving the state’s ambitious CES targets.
New York has become one of the most dynamic energy markets in the United States, with tremendous opportunities in the planning, developing, financing, and construction of utility-scale onshore and offshore generation, energy storage projects, community and C&I distributed energy resources, new transmission assets, clean energy manufacturing, and decarbonization projects across multiple sectors. However, only those keeping up with the latest developments in this rapidly evolving environment will be properly positioned to seize the very best opportunities on offer in the Empire State.
This meeting, like its well-regarded and well-attended predecessors in 2024 and 2023, is designed to let you hear the latest from a definitive group of New York policymakers, regulators, utility executives, developers, independent power producers and financiers. They will provide the best available discussion of the policies, plans, initiatives, opportunities and obstacles that will shape the Empire State’s energy landscape in 2025 and beyond.
Get the latest on issues such as resource valuation changes, domestic manufacturing and labor requirements, new momentum around the role of natural gas and nuclear power, and the impacts of a coming wave of power-intensive facilities—new manufacturing, data and AI centers, bit-coin miners—on grid planning. Hear how the growing tax equity and transferability markets are shaping project finance and investment, and how the risk appetites of capital providers and developers are shaping deals in the New York market.
The New York Energy Summit is your premier opportunity to network with over 400 regulators, market operators, utilities, renewable developers, and innovators from across the Empire State’s energy industry.
GET RECOGNIZED!
Apply Now for NYCOM's Local Government Achievement Award
APPLICATION DEADLINE: TUESDAY, APRIL 15, 2025
The New York State Conference of Mayors and Municipal Officials (NYCOM) is committed to highlighting municipal successes and sharing innovative projects and programs you have undertaken in your communities.
NYCOM’s Local Government Achievement Awards showcase innovative projects and programs undertaken by NYCOM member cities and villages that have improved quality-of-life, resulted in cost savings, established cooperative partnerships, created new or unique approaches to issues, and/or streamlined the delivery of services. Winning submissions will be recognized at NYCOM’s 116th Annual Meeting at the Sagamore Hotel (May 28-30, 2025) and highlighted in an upcoming issue of NYCOM’s Municipal Matters magazine.
Questions regarding the program and/or transmitting the application should be directed to
REGISTER HERE 9:00 a.m. | REGISTER HERE 2:00 p.m.
Topics Include: Administrator Basics, Creating Departments, Putting Learners in Departments, Recording a Webinar and Tracking a Webinar
8:00 a.m. | Double Tree by Hilton, 6301 Route 298, East Syracuse, NY
Join us as our experts guide you through topics tailored to meet and address the challenges of today’s law enforcement landscape.
Topics:
Balancing Innovation and Ethics: The Role of Artificial Intelligence (AI) in Contemporary Law Enforcement Mike Renalli, Marketing Development Manager, Lexipol
Reducing Liability and Injury During Use of Force Encounters Patrick Phelan, Executive Director, New York State Association of Chief’s of Police (NYSACOP)
Additional Speaker(s) To Be Determined – Stay Tuned!
This event is free to NYMIR members. A light breakfast and full lunch will be provided. Sessions will conclude mid-afternoon.
Contact David Bloodgood at 845-551-9618 or
ONE-ON-ONE CONSULTATIONS (ONGOING)
We are excited to kickstart our exclusive One-on-One Consultation service. Elisabeth Dubois, NYMIR’s Cybersecurity Risk Specialist will reach out to you in advance of your renewal, typically 2-3 months prior, to schedule a personalized meeting. During this consultation, you'll have the opportunity to:
Click HERE for a description of Cyber Security Service FREE to our NYMIR Cyber Members
2025 Theme: Strengthening Environmental Sustainability through Inclusive Community Engagement
As communities grapple with the challenges of climate change, the 2025 All-America City Award will recognize the pivotal role that community engagement plays in advancing environmental sustainability. Climate change presents imminent and complex dangers to local communities. Urgent and equitable action is is needed to help forestall rising temperatures and cultivate resilient, equitable communities that continue to thrive in the face of these environmental, economic, and social impacts. Fortunately, communities all over the world are already working to help safeguard our planet for future generations.
The 2025 award will recognize these communities, specifically those that demonstrate a commitment to environmental sustainability through meaningful community engagement initiatives. By engaging residents, businesses, and government stakeholders in the pursuit of environmental goals, they create lasting impacts that reduce and mitigate the effects of climate change while bolstering residents’ well-being.
Communities from around the country will submit extensive applications outlining their efforts related to the year’s theme and describing their civic capital. An external review committee will select twenty finalists based on the criteria of shared vision, civic engagement, inclusiveness and equity, collaboration, innovation, and impact. Finalists will then assemble teams of residents, nonprofits, businesses, government leaders, and young people to come to Denver for the annual All-America City Award Event where they will share ideas, learn from experts, build connections, and ultimately presented the story of their work to a jury of nationally recognized civic leaders. After an afternoon of deliberation, the jury will select the 10 winners, which will be announced during the closing ceremony.
Communities wishing to apply for the 2025 All-America City Award should visit the APPLY PAGE to learn more.
WEBINARS:
• The Equal Rigths Amendment: What Comes Next?
• Leading Locally: Celebrating How Women Shape Democracy from the Ground Up with Ambassador Nina Hachigian
• Engaging the Youth in Your Community
• Redefining Roles: Spotlighting Women in Local Government
ARTICLES:
• Getting to Know Your WAC
• Ensuring Equal Rights: Updating New York’s Constitution and Protecting Women’s Equality in the 21st Century
• Empowering Young Women: Rewriting History Before it Happens
• Girl Power for Democracy
• Establishing Your Circle of Trust
• It Takes a Village – The Value and Importance of Community Engagement in Advancing Democracy
• The Dos and Don’ts of Advocating for Ratification
• Redefining Roles – Julie McKinnon
• Redefining Roles – Meagan Leppicello
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