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DiNapoli releases list of New York’s ‘fiscally stressed’ communities
Six communities in a 16-county region of Central New York are among two dozen areas that State Comptroller Thomas DiNapoli has designated as “fiscally stressed” under the comptroller’s new fiscal-stress monitoring system. DiNapoli’s monitoring system evaluates local governments on 23 financial and environmental indicators and creates an overall fiscal-condition score. Indicators include cash-on-hand and patterns […]
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Six communities in a 16-county region of Central New York are among two dozen areas that State Comptroller Thomas DiNapoli has designated as “fiscally stressed” under the comptroller’s new fiscal-stress monitoring system.
DiNapoli’s monitoring system evaluates local governments on 23 financial and environmental indicators and creates an overall fiscal-condition score.
Indicators include cash-on-hand and patterns of operating deficits, along with broader demographic information such as population trends and tax-assessment growth, the state comptroller’s said in a news release.
The scores are used to classify if a community is in “significant fiscal stress,” “moderate fiscal stress,” “susceptible to fiscal stress,” or “no designation.”
With a score of 55.8 percent, the city of Fulton in Oswego County is listed last among six communities determined to have “moderate stress,” or those with scores greater than or equal to 55 percent of total points.
Five area communities are among the dozen areas listed as “susceptible to fiscal stress,” with a score greater than or equal to 45 percent of total points. Broome County tops the list with a score of 54.6 percent, and Cayuga County is at the bottom with a score of 45.4 percent.
The “susceptible” group also includes the towns of Clare and Clifton in St. Lawrence County and the town of Lyonsdale in Lewis County.
No areas of Central New York are designated as having “significant stress,” according to the state comptroller’s office.
The challenges facing local governments have reached a “critical point” and these fiscal stress scores should serve as a “wakeup call,” DiNapoli said in the news release.
“Taxpayers, local officials and state policymakers need an objective analysis to help them understand the economic and budgetary challenges facing our communities. My office’s monitoring system was designed to do just that. We have identified local governments from every region of this state that are facing some level of fiscal stress and presented them with a realistic picture of their financial condition,” the state comptroller added.
DiNapoli based the initial fiscal-stress list on financial information that local communities provided to his office as of May 31, and includes only municipalities with fiscal years ending on Dec. 31, 2012.
In New York, all counties and towns, 44 cities and 10 villages have a Dec. 31 fiscal year-end, or a total of 1,043 communities, according to the state comptroller’s office.
DiNapoli began to focus on fiscal stress in 2012 after his office noticed a number of “alarming” trends among local governments, his office said.
For instance, DiNapoli’s auditors found that nearly 300 local governments had deficits in recent years, and more than 100 had inadequate cash on hand to pay their current bills.
DiNapoli’s office drafted the “early-warning” monitoring system last September and shared details with the state’s local governments and school districts for their review during a 60-day comment period.
More than 100 local government and school district officials, and a number of affiliated organizations, provided feedback, according to DiNapoli’s office.
DiNapoli has also released a report examining fiscal-stress drivers and how municipalities can address fiscal stress.
The report details the primary factors that could jeopardize local-government finances, such as operating deficits, increasing fixed costs, poor-economic conditions, and long-term demographic shifts.
It also identifies which classes and types of government that the system is most likely to designate as fiscally stressed. Additionally, the report reviews many of the steps local officials can take to avoid fiscal stress, including the use of a number of resources available through the state comptroller’s office.
Contact Reinhardt at ereinhardt@cnybj.com
Number of employment discrimination lawsuits declines
SYRACUSE — A 2012 study by Syracuse–based law firm Bond, Schoeneck & King, PLLC of employment discrimination across upstate and western New York show that employment litigation is declining, while attorneys’ fees and jury awards for cases are rising. The law firm first prepared a study of employment litigation in 2001, with an update in
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SYRACUSE — A 2012 study by Syracuse–based law firm Bond, Schoeneck & King, PLLC of employment discrimination across upstate and western New York show that employment litigation is declining, while attorneys’ fees and jury awards for cases are rising.
The law firm first prepared a study of employment litigation in 2001, with an update in 2007. This 2012 study updates those previous analyses with information from 2007 through 2011 from U.S. District Courts for the Western and Northern Districts of New York. Those courts include a 49-county region from Buffalo to Albany and from the lower Hudson Valley to the Canadian border.
According to the Bond study, there were a total of 936 employment discrimination cases filed in the two court districts between Jan. 1, 2007 and Dec. 31, 2011 and 2,436 cases filed during the longer 2001 through 2011 period. That’s down from 2,757 cases filed between 1991 and 2000.
From 2007 through 2011, the upstate region averaged just over 187 employment-related cases per year, down from an average of 276 cases per year from 1991 through 2000.
“It’s a bit surprising,” John Gaal, a member (partner) and labor and employment law attorney at Bond, Schoeneck & King, says of the declining numbers. “You expect in worse economic times, frankly, more litigation, not less, because employees have less options.” The typical trend during a down economy, when it’s harder for an employee to turn around and find another job, is to see steady or even increasing litigation levels, he notes.
However, there are a number of reasons why the number of lawsuits is declining, Gaal says.
First, employers have become much more aware of the issue and are taking appropriate steps to minimize the risk of litigation, he says. “Most employers of any degree of sophistication are much more sensitive to these issues,” he says. These companies have trained human-resources staff who are prepared to handle employee issues properly and with sensitivity.
Another factor is that defendant employers continue to prevail in the majority of such cases that go to trial, Gaal says. The Bond, Schoeneck & King study shows that employers won in 60 percent of the cases tried across upstate New York from 2007 to 2011. Note that of the 936 cases filed during that period, only 21 of the cases actually went to trial, with the rest disposed of without a trial.
Gaal believes that plaintiff attorneys are doing a better job of weeding out cases they are unlikely to win.
The drop in cases could also reflect a growing number of cases where grievances are not aired in court but rather through an administrative hearing process conducted by the New York State Division of Human Rights. This process does not involve the courts and does not require an attorney, making it a cost-effective option for some complainants, Gaal notes. He did not have statistics on how many employment cases go through this process annually, but noted that enough cases may be diverted to this route to affect the number of cases filed in court.
While the number of court cases is declining, the battles can still be expensive, Gaal says. For the 2007 through 2011 period, the average jury award was $294,453 with attorney fees of $114,804 compared with an average jury award of $649,086 and attorney fees of $77,971 from 1991 to 2000. While the jury awards seem to be trending downward, Gaal notes that it’s difficult to compare those figures accurately because juries can, and have, awarded amounts that exceed court-imposed caps and those large awards skew the figures and result in figures much larger than what was actually paid out.
While these figures must all be taken with a grain of salt, employers should be aware of them and know what’s happening in the area of employment litigation, Gaal says.
“It does show that these cases still happen, and they cost a lot of money,” he says. They also take time and divert an employer’s attention from the daily running of their business. “So, it’s a risk-management issue,” Gaal says.
Employers have steps they can take to reduce their risk of being on the wrong end of an employment-discrimination lawsuit. Simple steps such as providing adequate training to anyone who supervises employees in a hiring/firing manner, documenting employee issues such as tardiness, and promoting good communication between supervisors and employees can help ward off legal troubles, Gaal explains.
The Bond study also showed a decline in gender, age, and race-related employment discrimination cases offset by an increase in general employment-discrimination claims including those based on religion, national origin, and retaliation.
The complete Bond study is available online at www.bsk.com/site/rte_uploads/files/2012%20Study%20of%20Employment%20Discrimination%20Litigation.pdf
Bond, Schoeneck & King employs 210 lawyers. In addition to Syracuse, it has offices in Albany, Buffalo, Garden City (Long Island), Ithaca, New York City, Oswego, Rochester, Utica, as well as Florida and Kansas. The firm’s practice areas include employee benefits, labor, business, higher education, intellectual property, litigation, mergers and acquisitions, and tax law.
Contact The Business Journal at news@cnybj.com
What to do About the Upstate Economy?
A few weeks ago, the governor proposed what he is dubbing the Tax-Free NY Program. Understanding that his success as governor greatly depends on whether he can provide the leadership to help turn around New York’s languishing economy, Cuomo is pushing the legislature to pass what he calls “a game-changing initiative.” I disagree with the
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A few weeks ago, the governor proposed what he is dubbing the Tax-Free NY Program. Understanding that his success as governor greatly depends on whether he can provide the leadership to help turn around New York’s languishing economy, Cuomo is pushing the legislature to pass what he calls “a game-changing initiative.”
I disagree with the governor and think that this program, while it may provide some economic stimulus, is really more of the same of what has been proposed in New York in the past. And, it fails to accomplish what our state really needs, which is broad-based tax relief.
In essence, the governor’s “Tax-Free NY” program would give a series of tax breaks to new businesses that locate in New York within a certain radius of a state university or community college. The tax breaks are substantial. The companies that operate in these tax-free zones will be able to run 100 percent tax-free — that is, there will be no income tax for employees and no sales, property, or business tax.
In order to locate in one of these tax-free zones, the business must be a new business to the state and the business’s activity must align with the academic mission of the university or college sponsoring the tax-free zone. Finally, the businesses that locate in the tax-free zones, in order to keep these tax benefits, must maintain the new jobs that they brought to the state.
The fact that the governor has recognized that taxes in New York are too high and that they have been detrimental to job creation, particularly in upstate New York is positive. Indeed, in a speech the governor gave in May, he said, “New York’s reputation as the high-tax state, the tax-capital state, is a killer when it comes to economic development.” Here, here. This is actually an evolution of thought from many in state government, particularly many in the Democratic majority in the State Assembly who feel that we don’t tax enough in New York.
But if the governor recognizes that taxes are job killers, then why is he proposing a program that is complex, that will be available only to a few, and provides no relief to those who have been suffering under New York’s high tax burden for decades. Why not provide broad-based tax reduction that will provide everyone with relief. It is certainly needed in light of the fact that the Tax Foundation ranked New York’s 2013 Business Climate Index dead last. We also lead the nation with the highest state and local tax burden. Our gas taxes, energy taxes, and health-care taxes are also either the highest or near the highest in the nation.
Our workforce, our educational institutions, our natural resources, and our geographic location are all assets that should help grow our economy. Instead of enacting complex economic-development schemes that have the potential for political manipulation, like the governor’s proposed Tax-Free NY Program, we need a bold and easily understandable economic-development strategy that will make New York the economic engine it once was. This strategy should start with broad-based tax relief, whether it is a focus on income tax, energy taxes, gas taxes, property taxes, health-care taxes, or all of the above.
William (Will) A. Barclay is the Republican representative of the 120th New York Assembly District, which encompasses most of Oswego County, including the cities of Oswego and Fulton, as well as the town of Lysander in Onondaga County and town of Ellisburg in Jefferson County. Contact him at barclaw@assembly.state.ny.us, or (315) 598-5185.
Hey Upstate New York: Embrace Failure
I’m not a big fan of gossip. I just look at it as a big waste of time. Even though I’m not that interested, I’m not oblivious to the fact that it drives discussion among many people. Most of the time, when gossip takes over, I just become a fly on the wall. The juicy
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I’m not a big fan of gossip. I just look at it as a big waste of time. Even though I’m not that interested, I’m not oblivious to the fact that it drives discussion among many people. Most of the time, when gossip takes over, I just become a fly on the wall. The juicy story, or denigrating someone for the sake of making myself feel better, is just useless to me. However, what is interesting to me is the interaction between those involved in the story-telling.
It usually starts out like this … “Did you hear about Joe? He lost $3 million in that deal. What an idiot …”. And so it goes. The others join in to tell you how they warned him about it, point to the many failures that Joe has had or discuss how they would have done the deal differently. The conversation starts to make everyone sitting around the table feel pretty good about themselves for the next 10 minutes. It moves on and nobody is the wiser for what just happened and the opportunity that was lost. The opportunity that I am talking about is the ability to understand that failure is a great thing.
I tend to think of Joe’s failure in another way. He probably learned one hell of a lesson by losing $3 million. And to be honest, he was probably pretty successful in the past to be in a position to lose that $3 million. Some of the greatest fortunes on the planet have been made as a result of lessons learned by entrepreneurs failing time and again, until they finally figure it out.
When we take a risk, we are acknowledging the possibility of failure. Instead of back-room gossip, we should be celebrating those that risk their neck to become successful. The lesson in failure that I think this region can benefit from is the understanding that without failure, there is no change. And at its core, change can be an amazing catalyst towards achieving groundbreaking success. And therein lies the rub. Changing our mindset as a region will propel us to heights we never could have imagined.
Economically speaking, the past is in the past. We need to accept that an increased volume of failure means success is just around the corner. We constantly yearn for the past greats of Eastman Kodak, IBM, GE, Xerox, and others. Yet, until recently, little had been done to truly drive a renaissance of the business community. We must understand that at this very moment many more are trying to build the next great company right here in upstate New York. It will happen — period, end of story. It will happen in multiple occurrences. It’s just going to take some time. Over the next 10 years, we’ll probably have a front row seat to a lot failure … and that’s a good thing. No disrespect to George, but one day we’ll forget all about that Eastman guy.
Kyle Blumin is an entrepreneur in residence at Syracuse’s StartFast Venture Accelerator. He is a Syracuse native and serial entrepreneur with three successful exits in diverse industries. Contact him on Twitter at @kyleblumin
State unemployment rate in May drops to lowest level in more than four years
New York’s unemployment rate fell to 7.6 percent in May from 7.8 percent in April, hitting its lowest level since February 2009. That’s according to
Rutgers University appoints SU’s Nancy Cantor as chancellor of Newark campus, starting in January
SYRACUSE — Syracuse University (SU) Chancellor Nancy Cantor will become the next chancellor of Rutgers University’s Newark campus on Jan. 1, 2014, a few months
State leaders agree on legislation to start Tax-Free NY program
New York Gov. Andrew Cuomo and state legislative leaders on Wednesday announced an agreement on legislation that allows the Tax-Free NY program to move forward.
Upstate University Hospital adds medical-toxicology service
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Cuomo announces agreement on gaming economic-development legislation
Gov. Andrew Cuomo and state legislative leaders today announced an agreement on the Upstate NY Gaming Economic Development Act, which will establish four Upstate casinos.
New cake-decorating business to open in Little Falls
LITTLE FALLS — Hannah’s Signature Cakes, a new business specializing in cake decorating, will formally open at 54 W. Main St in Little Falls this
Stay up-to-date on the companies, people and issues that impact businesses in Syracuse, Central New York and beyond.