Employee Rights: Paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act

According to the Department of Labor, "the Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. These provisions will apply from April 1, 2020 through December 31, 2020."

Schuyler County moving forward with centralized arraignment plan for local criminal courts

Schuyler County has received notification that New York State Chief Administrative Judge Lawrence Marks and the Office of Court Administration Administrative Board have given final approval to the county’s Centralized Arraignment Part plan for after-hours arrests. The county is currently targeting Monday March 30 for the first day of operations.

The plan is part of the county’s ongoing effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants

The plan is supported by a number of county officials involved in the legal system, including Sheriff William Yessman, District Attorney Joe Fazzary, Public Defender Wesley Roe and County Attorney Steven Getman. It was developed with input from town and village justices and the New York State Office of Court Administration.

The plan was endorsed by the Schuyler County legislature at its February 10 meeting. All legislators in attendance voted for the measure.

Under the plan, anyone arrested within the county when courts are no longer in session, and not given an appearance ticket, will be arraigned in the lobby of the Schuyler County Sheriff’s Office in Watkins Glen, as opposed to a town’s jurisdiction. Town and village judges, prosecutors and public defenders will be placed on rotating on-call schedules for arrests made at night, on weekends or during holidays. There is state funding for implementing the plan, which will pay for the cost of installing a judge’s bench in the sheriff’s office lobby.

“Arresting officers must currently maintain custody of an arrestee until able to locate a local court and justice able to conduct the arraignment which is a process that often consumes officer time and can result in the arraignment occurring outside of the times when the Schuyler County Public Defender is able to appear as counsel for the defendant,” the legislature’s resolution of support noted.

“Those charged with a crime are entitled to the assistance of legal counsel at all important stages of their case including at the initial criminal arraignment,” it continued.

A centralized arraignment part, known as a CAP, is not mandated by the state, but many rural counties have found it to be the most effective way of ensuring compliance with the requirements for counsel at arraignment.

The plan is the county’s latest effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants.

Other efforts have included an intermunicipal agreement with Tompkins County for that county to assist in administering the Schuyler County assigned counsel plan to provide legal representation to indigent criminal defendants and certain family court litigants.

That agreement, prepared by Roe and Getman with input from Schuyler County Administrator Tim O’Hearn and representatives of Tompkins County, has been praised as “a model approach and is consistent with statewide efforts to help municipalities identify opportunities for cost savings through inter-municipal cooperation, reorganization, and regionalization,” by the New York State Office of Indigent Legal Services.

A copy of the resolution supporting the plan is available here.

Schuyler County Government Update on COVID-19, March 20, 2020

Due to the unprecedented public health impacts associated with responding to the COVID 19 pandemic, Schuyler County has instituted measures intended to limit the spread of this disease. While we have substantially reduced or limited access to all County buildings in the interest of slowing the transmission of this virus, we have taken steps to continue delivery of service.

Specifically, we have increased our capacity to work remotely and will strive to continue to provide County services utilizing a different manner of delivery wherever possible, to minimize in-person contact. Essential services (law enforcement, emergency services, public health…etc.) will continue to operate at full staffing.

Here is specific departmental information outlining the changes that have been instituted to protect our staff and the public we serve.

The County will continue to work closely with our state and federal partners to aggressively battle the spread of this disease and appreciate your understanding and assistance in helping to “flatten the curve” of contagion.

While this is an unprecedented event and response, what is not unprecedented is our community’s ability to persevere and assist our neighbors in a time of crisis. We ask that you continue this tradition, stay calm and heed the directives.

Together we will get through this!

Summaries of aging and disability law released

The Government Law Center at Albany Law School has released the first four publications in its explainer series on Aging and Disability Law for state and local policy makers:

• “Healthcare Proxies: Appointing People with the Power to Make Healthcare Decisions for Others."

• “‘Act Now’ Healthcare Proxies."

• “Hospital Ethics Committees."

• “The New York State Justice Center for the Protection of People with Special Needs."

The center's news release explains:

“These explainers provide accessible information about the legal protections for vulnerable older adults and individuals with disabilities, two groups making up a significant part of our communities. It’s something that touches us all, because it’s very likely someone we are close to falls into one of these groups....Throughout its history, the Government Law Center has focused on providing law and policy makers with options for reforming existing laws and designing new ones. Our Aging and Disability Law explainer series is our latest contribution to helping meet the needs of this growing and diverse population.”

For more on these publications and the Government Law Center, click here.

Second Amendment Legal Update March, 2020

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd amendment rights for the residents of New York State.

Second Amendment Legal Update March, 2020 by Steven Getman on Scribd

Beware of scams about the 2020 census

Notices are going out inviting people to fill out the 2020 census and the United States government is warning everyone not to fall for scammers pretending to work for the government or rumors with misinformation.

Here are some tips from federal officials to help you stay safe:

• The Census Bureau will not send unsolicited emails to request your participation in the 2020 Census.
• The Census Bureau will never ask for a Social Security number, bank account or credit card numbers, money or donations.
• The Census Bureau will not contact you on behalf of a political party.
• If someone visits your home to collect a response for the 2020 Census, you can check to make sure that they have a valid ID badge, with their photograph, a U.S. Department of Commerce watermark, and an expiration date or call 800-923-8282 to speak with a local Census Bureau representative.
• Persons who suspect fraud can call 800-923-8282 to speak with a local Census Bureau representative or, if a there is a legitimate belief that a crime is being committed, local law enforcement agencies can be contacted.

For more information about the U.S. Census, click here.

Emergency notification system announced for New York courts.

Under the New York Courts Emergency Alert Portal, court users and members of the public can receive emergency related information and notifications regarding the state courts. These notices will include updates on court closings and delayed openings due to weather or other emergency conditions.

All counties of New York State are included in the portal, and users can decide which counties they would like to receive alerts about (information is not available for Town, Village or U.S. Federal courts).

Messages can be received by email, text message and/or a telephone call.

There is no cost to join. However, standard data fees and text messaging rates may apply.

During a brief transition period, the courts will be sending out alerts through both Twitter and the Portal. Effective approximately March 15, 2020, the court system will no longer use Twitter to send out these emergency notices.

For more information, including how to sign up for this service, click here.

Schuyler County supports centralized arraignment plan for local criminal courts

As part of its ongoing effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants, the Schuyler County legislature has endorsed a process for implementing a centralized arraignment program for after-hours arrests.

The vote took place Monday (February 10, 2020). All legislators in attendance supported the measure.

The plan is supported by a number of county officials involved in the legal system, including Sheriff William Yessman, District Attorney Joe Fazzary, Public Defender Wesley Roe and County Attorney Steven Getman. It was developed with input from town and village justices and the New York State Office of Court Administration.

Under the plan, anyone arrested within the county when courts are no longer in session, and not given an appearance ticket, will be arraigned in the lobby of the Schuyler County Sheriff’s Office in Watkins Glen, as opposed to a town’s jurisdiction. Town and village judges, prosecutors and public defenders will be placed on rotating on-call schedules for arrests made at night, on weekends or during holidays. There is state funding for implementing the plan, which will pay for the cost of installing a judge’s bench in the sheriff’s office lobby.

“Arresting officers must currently maintain custody of an arrestee until able to locate a local court and justice able to conduct the arraignment which is a process that often consumes officer time and can result in the arraignment occurring outside of the times when the Schuyler County Public Defender is able to appear as counsel for the defendant,” the resolution noted.

“Those charged with a crime are entitled to the assistance of legal counsel at all important stages of their case including at the initial criminal arraignment,” it continued.

A centralized arraignment part, known as a CAP, is not mandated by the state, but many rural counties have found it to be the most effective way of ensuring compliance with the requirements for counsel at arraignment.

The plan, which will be implemented later this year, is the county’s latest effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants.

Other efforts have included an intermunicipal agreement with Tompkins County for that county to assist in administering the Schuyler County assigned counsel plan to provide legal representation to indigent criminal defendants and certain family court litigants.

That agreement, prepared by Roe and Getman with input from Schuyler County Administrator Tim O’Hearn and representatives of Tompkins County, has been praised as “a model approach and is consistent with statewide efforts to help municipalities identify opportunities for cost savings through inter-municipal cooperation, reorganization, and regionalization,” by the New York State Office of Indigent Legal Services.

A copy of the resolution is available below:

Schuyler County supports ce... by Steven Getman on Scribd

Second Amendment Legal Update February, 2020

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd amendment rights for the residents of New York State.

Second Amendment Legal Update February, 2020 by Steven Getman on Scribd

Fourth National Domestic Violence Prosecution Conference to be held in March

The Association of Prosecuting Attorneys has announced its Fourth National Domestic Violence Conference for prosecutors and victim advocates on March 18-20.

Nationally- and internationally- renowned faculty members will facilitate discussion and train

participants on practical strategies and model policies in domestic violence prosecution. The Conference will be presented at Brooklyn Law School. A Thursday night reception at Brooklyn Law’s Subotnick Center will feature Poster Sessions amidst stunning views of New York City.

Prosecutors and victim advocates with all levels of experience are encouraged to attend. The conference will focus on the needs of jurisdictions responding to domestic violence cases.

For more information, including how to register, click here.