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Bill would allow victims of age discrimination to sue in court
The proposed Protecting Older Americans Act would invalidate forced-arbitration clauses that prevent age-discrimination victims by suing in court, where they could seek “justice and public accountability,” the bill’s sponsors contend. U.S. Senator Kirsten Gillibrand (D–N.Y.), Senate Judiciary Committee ranking member Lindsey Graham (R–S.C.); Senate Judiciary Committee Chair Dick Durbin (D–Ill.); and U.S/ Representative Nancy Mace […]
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The proposed Protecting Older Americans Act would invalidate forced-arbitration clauses that prevent age-discrimination victims by suing in court, where they could seek “justice and public accountability,” the bill’s sponsors contend.
U.S. Senator Kirsten Gillibrand (D–N.Y.), Senate Judiciary Committee ranking member Lindsey Graham (R–S.C.); Senate Judiciary Committee Chair Dick Durbin (D–Ill.); and U.S/ Representative Nancy Mace (R–S.C.) on June 14 announced the bill.
Forced arbitration, or pre-dispute arbitration, occurs when a company requires an employee to submit any potential dispute to binding arbitration as a condition of employment, Gillibrand’s office said. As a result, employees waive their right to sue in court, “enabling a culture of secrecy that shields bad actors.”
In announcing the bill, the lawmakers were joined by former Fox News anchor Gretchen Carlson and Bill Sweeney, senior VP for government affairs at AARP. The legislation builds off the lawmakers’ successful effort last Congress to invalidate forced-arbitration agreements in cases of sexual harassment and sexual assault. Passage of the bill changed 60 million employment contracts “overnight.,” Gillibrand’s office noted.
“Three out of four older workers have seen or experienced age discrimination on the job, but too often cannot pursue justice because of forced arbitration, a secretive and unfair process that strips hard-working Americans of their constitutional right to a jury trial,” Gillibrand said in a news release. “The bipartisan Protecting Older Americans Act would ban forced arbitration in cases of age discrimination, enabling victims the chance to file their cases in court if they so choose, and giving them a voice in the process. Employers should no longer be able to use forced arbitration to hide illegal conduct. I am proud to introduce this bipartisan bill with my colleagues and I am optimistic we can pass this critical reform this Congress.”
A majority of older workers have reported witnessing age discrimination. Gillibrand’s office cited a 2020 AARP survey that indicated about 78 percent of older workers have either seen or experienced age discrimination in the workplace. That’s the highest level since AARP began tracking this statistic in 2003.
The share of workers subject to forced arbitration has more than doubled since the early 2000s, with more than half of nonunion, private-sector employees in America — about 60 million people — subject to forced arbitration today. Gillibrand’s office also cited the Economic Policy Institute as indicating the number is projected to increase to over 80 million in 2024.
“Older workers who face age discrimination should have the option of having their case heard in court with the legal protections provided under the law,” Sweeney said. “Mandatory and binding arbitration clauses in contracts force employees to give up those rights, adjudicate disputes outside the courts, with fewer protections, and in forums often determined by the employer. AARP is pleased to endorse the Protecting Older Americans Act of 2023, which prohibits forced arbitration for age discrimination claims in the workplace.”
Nine new nurses begin their careers at Oswego Health
OSWEGO, N.Y. — Oswego Health says it has added nine new graduate nurses for positions throughout the health-care organization. Emma Teeter of Mexico and Jaime Thompson of Oswego joined Oswego Health’s medical surgical unit. Teeter graduated from Cayuga Community College (CCC) and Thompson graduated from SUNY Brockport. In addition, Sarah Crucitti and Sarah Fitzgibbons, both
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OSWEGO, N.Y. — Oswego Health says it has added nine new graduate nurses for positions throughout the health-care organization.
Emma Teeter of Mexico and Jaime Thompson of Oswego joined Oswego Health’s medical surgical unit. Teeter graduated from Cayuga Community College (CCC) and Thompson graduated from SUNY Brockport.
In addition, Sarah Crucitti and Sarah Fitzgibbons, both of Oswego, joined the emergency department. Crucitti graduated from CCC, and Fitzgibbons graduated from Pomeroy College of Nursing at Crouse Hospital
The new graduate nurses also include Hayley Jones of Oswego and Julia Kingsley of Fulton, both of whom joined the surgical services unit. Both Jones and Kingsley attended CCC, Oswego Health said.
Kristopher Ferrara of Fulton joined the intensive care unit, while Lindsey Hodge of Pennellville is now working in the mental health & wellness department. Both Ferrara and Hodge graduated from CCC, Oswego Health said.
In addition, Shaquana Jones of West Monroe, an Excelsior University graduate, is now working at Central Square Urgent Care.
“Securing the future of local healthcare has been a priority of our recruiters here at Oswego Health,” Marq Brown, VP of human resources & chief people officer at Oswego Health, said. “To have 9 new nurses choose to begin their nursing career here in this community is gratifying and a testament to their commitment to caring for their neighbors, friends, and family.”
Oswego Health says it has taken a “proactive role in recruitment with an emphasis on pipeline growth.” Its recruitment effort came as the health-care field is struggling to find nurses.
The U.S. Department of Labor’s Bureau of Labor Statistics has forecast a nursing shortage through 2024, with the U.S. projected to need more than 500,000 new nurses to replace those who leave the profession, Oswego Health noted in its release.
Oswego Health also contends it offers “many opportunities” for career advancement. Its tuition-reimbursement program is designed to make it “financially easy” for employees to build careers in health care while maintaining a work/life balance.
The program offers up to $10,000 per year toward health-care degrees in nursing, medical imaging, and laboratory science.
Guthrie acquisition of Lourdes Hospital to close by early 2024
BINGHAMTON, N.Y. — Guthrie Clinic’s deal to acquire Binghamton’s Our Lady of Lourdes Memorial Hospital (Lourdes Hospital) is expected to close by early 2024, subject to standard regulatory approvals. The purchase includes Our Lady of Lourdes locations and related physician practices. Until that time, Guthrie and Lourdes will continue to operate independently. Sayre, Pennsylvania–based Guthrie
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BINGHAMTON, N.Y. — Guthrie Clinic’s deal to acquire Binghamton’s Our Lady of Lourdes Memorial Hospital (Lourdes Hospital) is expected to close by early 2024, subject to standard regulatory approvals.
The purchase includes Our Lady of Lourdes locations and related physician practices. Until that time, Guthrie and Lourdes will continue to operate independently.
Sayre, Pennsylvania–based Guthrie reached the agreement with St. Louis, Missouri–based Ascension, Lourdes’ parent, per Guthrie’s June 8 announcement. Lourdes Hospital is located at 169 Riverside Drive in Binghamton.
Neither health organization provided any financial terms of the acquisition agreement. The transition “will sustain and improve access to care for patients in Binghamton and surrounding communities,” Guthrie contends.
“We are excited to bring Lourdes into our Guthrie family, with many shared values and mutual commitment to patient-centered care,” Dr. Edmund Sabanegh, Jr., president and CEO of Guthrie, said in the announcement. “Like Lourdes, Guthrie has a strong tradition of serving our communities, providing care to patients where they are. This transaction will enable a continuation of this joint tradition and strengthen our investments in care delivery, patient outcomes and experience for the greater Binghamton community.”
Guthrie Clinic is currently a five-hospital system with locations in Cortland and Corning in New York, as well as Sayre, Towanda, and Troy in Pennsylvania.
The transition will include all current Lourdes services, facilities, providers and associates. Lourdes provides 24/7 emergency and acute care; specialty care; ambulatory surgery; a cancer center; a health and wellness center; and a network of primary care providers serving the region, per Guthrie.
“Lourdes has been committed to our Mission of serving all persons, with special attention to those who are most vulnerable, a commitment we have acted upon in Binghamton since 1925. As a regional provider, Guthrie is well positioned to carry on this legacy, serving the community through an integrated care delivery system,” Kathy Connerton, president and CEO of Lourdes, said. “This transition will ensure that the Binghamton community has sustainable, quality healthcare access long into the future.”
Connerton will remain in her current role with the same responsibilities once the acquisition is complete, Lisa Donovan, chief marketing and communications officer at Our Lady of Lourdes Memorial Hospital, Inc., told CNYBJ in a June 8 email.
Loretto names Williams new chief people officer
SYRACUSE, N.Y. — Nancy Williams has been hired as the new chief people officer at Loretto, the health-care organization announced on June 5. Williams was previously the director of patient experience and logistics at Crouse Hospital and is a long-term Loretto board member. In her new role at Loretto, she will be responsible for the
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SYRACUSE, N.Y. — Nancy Williams has been hired as the new chief people officer at Loretto, the health-care organization announced on June 5.
Williams was previously the director of patient experience and logistics at Crouse Hospital and is a long-term Loretto board member. In her new role at Loretto, she will be responsible for the newly restructured human resources, shared services, and talent management teams.
“Nancy brings a wealth of in-depth experience to this position, including several advanced leadership positions at Crouse spearheading experience programs, managing diverse teams, leading strategic planning initiatives and driving significant process improvement projects to improve system throughput and quality care,” Kimberly Townsend, president and CEO of Loretto, said in a release.
Williams has an extensive clinical background and managed several large clinical teams during her tenure, including expertise in complaint and formal grievance management. She joined Crouse Hospital in 2000 as a registered nurse in the Intensive Care Unit and graduated from management of the Cardiac Care Center into her broader roles in patient experience and people leadership.
In addition to serving as a trustee for the Loretto Management Corporation board of directors for more than five years, Williams is active in many community and human-service organizations, including the Schwartz Center for Compassionate Healthcare, the Association for Patient Experience, the Beryl Institute, the American Nurses Association, and Administrators of Volunteer Services (AVS). She also served as a board member for Sarah’s Guest House for six years and remains an active supporter of the organization.
Williams holds a doctorate degree in education, in executive leadership, from St. John Fisher College; a master’s degree in nursing, leadership, and management from Walden University; a bachelor’s degree in nursing from Syracuse University’s College of Nursing; and a bachelor of science degree from SUNY Brockport.
Loretto says it’s the fourth-largest health-care provider in Central New York. Its services include adult day programs and short-term rehabilitation services, as well as its assisted-living communities and skilled-nursing facilities.
VIEWPOINT: Overcoming a Historic Funding Failure for Nursing Homes
As a business leader, can you think of something your business needs to keep its doors open that has increased in price since 2008? Have you increased prices for your products and/or services since 2008? At the start of 2023, the New York State Medicaid program was paying for care for 75 percent of the
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As a business leader, can you think of something your business needs to keep its doors open that has increased in price since 2008? Have you increased prices for your products and/or services since 2008?
At the start of 2023, the New York State Medicaid program was paying for care for 75 percent of the residents in our nursing homes — but at rates based on costs in 2008. In 15 years, the Medicaid rate for long-term care only increased by 1 percent. In that same timeframe, costs grew by 42 percent in pre-inflationary dollars. New York State entered 2023 with the lowest nursing home Medicaid rate in the country relative to revenue and expenses.
For Loretto, which serves 10,000 individuals each year, 72 percent of residents are supported by Medicaid — that translates to a shortfall of over $100 per person per day, or a $7 million shortfall each year.
New York State recently passed a budget touted to be historical in nature, with “substantial Medicaid reimbursement rate increases” that will assist in “creating a stronger health care system.” Unfortunately, while the “up to 7.5 percent increase” is helpful, it simply isn’t enough — and the increase comes, in part, by using funds previously appropriated to help facilities meet the minimum staffing ratios that were put in effect in 2021, in the middle of a workforce crisis.
Nursing homes in New York state have reached a critical point after 15 years of underfunding — and the trickle-down effect has significant implications for every New Yorker, not just the elderly.
• Staffing shortages — As Gov. Kathy Hochul is aware, the health-care industry is in a state of crisis. She declared a health-care staffing emergency in October 2021. In addition to the national shortage of health-care workers, nursing homes are not able to compete for a quality workforce due to their financial hardship. If nursing homes do not have the staff members necessary to care for individuals, they need to maintain a lower occupancy, which translates to beds sitting empty, and lost revenue (and care in the community).
• Unaccessible health care — Many nursing homes in Central New York, including members of the Long Term Care Council of Central New York (LTCEC of CNY), which represents a total of 4,664 skilled nursing beds are, for the first time in their history, leaving beds vacant. Statewide over 6,700 beds are empty and unavailable because there are not enough employees to provide care. Unavailable nursing-home beds have a direct impact on hospital capacity — when hospitals cannot discharge patients who need skilled-nursing care, there are fewer hospital beds and longer wait times for patients who truly need hospital care.
According to McKnight’s 2023 Outlook Survey — answered by nearly 1,000 nursing-home owners across the country, C-suite leaders, administrators, and nurse supervisors — Medicaid/Medicare reimbursement and staffing were among the top three non-COVID-related challenges heading into 2023. Notably, according to NIC Map Vision data, occupancy of free-standing, skilled-nursing facilities has not yet reached pre-COVID levels.
Some nursing homes have reached a breaking point — since 2014, a total of 86 New York nursing homes have closed, sold, or consolidated, unable to keep up financially. Of those 86, nearly 20 percent have closed, sold, or have been listed for sale since the start of the COVID-19 pandemic. Those that remain are anticipating changes in 2023 — according to McKnight’s 2023 Outlook Survey, 40 percent of skilled-nursing owners, executives, and administrators expect they will sell some or all of their nursing-home holdings this year.
To meet the needs of older adults now, LeadingAge NY estimates the Medicaid nursing-home reimbursement rate needs to increase by 20 percent — which is less than half the increase in costs we have absorbed over the past 15 years. Looking ahead, there are other opportunities we have to ensure our older adults are getting the best care.
By 2034, the number of adults 65 years of age and older will be greater than the number of children under 18 years of age for the first time ever. In an effort to ensure every American has the support needed to age with dignity and financial security, U.S. Sen. Kirsten Gillibrand (D–N.Y.), a member of the Special Committee on Aging, has shared a five-point “Master Plan on Aging,” — affordable and healthy meals, affordable health care and prescription drugs, Social Security benefits and financial security, access to home or community-based care to age in place, and access to aging-friendly spaces and employment. Initiatives like this are essential as we look toward the future in Central New York and beyond.
Whether you are a fellow executive in the long-term care industry or a business leader who wants to see better health care for yourself and your employees, I hope you’ll join me in doing something truly historic — advocating for adequate funding to care for the people of Central New York — our employees, our parents, our grandparents, and our families. Let’s reach out to our state legislators, who have the ability to change this funding crisis, to share our concerns and the need to increase funding. You can also find more information about how to advocate for change on the Loretto website’s homepage.
As Senator Gillibrand said, “When you look at how a society cares for its older adults, it gives you insight into its values.” Let’s make sure our values in Central New York are represented as we search for solutions to caring for our aging population.
Kimberly Townsend, Ph.D., is president and CEO of Loretto and author of “Lifecircle Leadership” and “Lessons in Lifecircle Leadership.” More information about Townsend is available at DrKimberlyTownsend.com and LorettoCNY.org.
MMRI announces summer fellows at research lab
UTICA, N.Y. — The Masonic Medical Research Institute (MMRI) recently announced the participants in its 2023 summer fellowship program. The scholarship-based program gives college students the opportunity to work at a laboratory while learning from scientists whose biomedical research focuses on cardiovascular, neurological, and autoimmune disorders. “We are thrilled to have these talented students with
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UTICA, N.Y. — The Masonic Medical Research Institute (MMRI) recently announced the participants in its 2023 summer fellowship program.
The scholarship-based program gives college students the opportunity to work at a laboratory while learning from scientists whose biomedical research focuses on cardiovascular, neurological, and autoimmune disorders.
“We are thrilled to have these talented students with us at MMRI this year, each of whom was selected for their scientific prowess and curiosity,” Khan Ha, predoctoral research and postdoctoral affairs program coordinator, said in a news release. “This year was especially competitive as we received 48 applications from highly qualified individuals, the highest number of applications received to date.”
This year’s summer fellows are Joseph DeTraglia, University of Rochester; Dasomie Kim, Hamilton College; Ryan Klapmeyer, University of Florida; Meghan Lynskey, Rochester Institute of Technology; Joshua Macera, Binghamton University; Alexander Mandia, Lehigh University; Adelina Rivera, Vassar College; Nikita Shah, SUNY Polytechnic Institute; and Caitlin Snyder, SUNY Fredonia.
During the program, fellows are immersed in intensive training involving science, technology, engineering, and math (STEM) topics and have the opportunity work with cutting-edge tools in state-of-the-art research programs. Each fellow is paired with a scientist at MMRI, and they work together to design a project that complements the interests of both the student and the lab.
The program runs from May through July. MMRI began the fellowship program in 1960. This year, MMRI received support from Drs. Atul and Amita Butala, Gary T. Forrest, The Mele Family Fund, Alera Group, Walter R. Leong, Burrows Foundation, Utica Lodge 47 F&AM, M&T Bank/Partners Trust Bank, and the Charitable Fund of the Community Foundation of Herkimer and Oneida Counties.
OPINION: Overlooked Priorities Mark a Disappointing Albany Session
As legislators, we are charged with developing legislation to improve public safety, the economy, and the quality of life here in New York state. Unfortunately, over the last six months, not much of the legislation that passed moved the needle on any of these fundamental considerations. New York state is one of the least affordable
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As legislators, we are charged with developing legislation to improve public safety, the economy, and the quality of life here in New York state. Unfortunately, over the last six months, not much of the legislation that passed moved the needle on any of these fundamental considerations.
New York state is one of the least affordable places to live in the U.S., and the work we did during [the budget and legislative process] was often ineffectual. We, again, passed a budget that spends a record amount of taxpayer money — this time $229 billion — but left out of the spending plan was any meaningful tax relief for middle-class families and a plan to curb rampant outmigration thinning the state’s population.
Instead of focusing our time and energy on solving the spike in crime plaguing our communities and making the state more inviting for businesses and job creators, we instead passed legislation like “Clean Slate” — making it easier to hide violent crime from landlords and employers along with a bevy of other measures making it easier to be a criminal and prisoner in New York.
Additionally, next to nothing was done to prepare communities around the state for the massive influx of migrants being sent here from the southern border. The lack of planning and communication between New York City officials and their upstate counterparts has been astonishing, and even as lawmakers returned to Albany for two additional days of voting, there is still no roadmap for this crisis going forward.
It is telling how poorly a legislative session went when its best attributes are what was left out. As such, I am proud of members of the Assembly Minority Conference for working to help defeat Gov. Hochul’s ill-advised housing plan, which would have bypassed the local laws and placed an enormous undue burden on municipalities around the state. We will continue to advocate protecting the interests of municipalities around the state as they are the backbone of our communities.
There is no doubt the legislature, as a whole, could have done better by New Yorkers. The partisan agenda of one-party rule failed to include measures on inflation relief, safety in our schools, support for law enforcement, or reducing the everyday cost of living. But our Assembly Minority Conference is undeterred and will continue to fight for a stronger, more resilient economy, a more friendly tax and business climate, and a safer New York.
William (Will) A. Barclay, 54, Republican, is the New York Assembly minority leader and represents the 120th New York Assembly District, which encompasses all of Oswego County, as well as parts of Jefferson and Cayuga counties.
OPINION: Politicians take diverse roads to leadership
I wrote recently about international Leaders, world-changing figures Like Nelson Mandela and Mikhail Gorbachev. Today, I want to give credit to women and men I worked with in the U.S. Congress. Some are well-known and some aren’t, but all served their constituents energetically. Some were Democrats and some were Republicans. Some were conservative, some liberal.
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I wrote recently about international Leaders, world-changing figures Like Nelson Mandela and Mikhail Gorbachev. Today, I want to give credit to women and men I worked with in the U.S. Congress. Some are well-known and some aren’t, but all served their constituents energetically.
Some were Democrats and some were Republicans. Some were conservative, some liberal. They had different styles and skill sets. With all their diversity, they were talented individuals. They showed that there are many roads to governing effectively.
Wilbur Mills, a lawyer from Arkansas and a long-time chairman of the Ways and Means Committee, was the House’s leading expert on taxes. Whenever he would step forward to speak about the tax code — to explain it, to defend it, to respond to criticism — members would listen carefully.
Sen. Strom Thurmond of South Carolina was a staunch opponent of civil-rights legislation who switched from the Democratic to the Republican party over the issue. My personal relationship with him was good, however. Once, after a meeting, he walked over and congratulated me on a statement I had made. That was typical. He had strong opinions but worked easily and effectively in an environment where people disagreed.
Edith Green, a former schoolteacher from Oregon, was a master of education legislation and a champion of women’s rights. She chaired House hearings that led to Title IX, the law that bans sex discrimination in education.
Lindy Boggs of Louisiana enjoyed admiration in the House. When Congress passed credit reform early in her tenure, she added a ban on discrimination by sex or marital status. She succeeded her husband, Hale Boggs, who died on a flight in Alaska. He had been majority leader and was among the best I ever saw at speaking extemporaneously. He could persuasively debate almost any issue.
Sens. Jacob Javits of New York and Hubert Humphrey of Minnesota (the 1968 Democratic candidate for president), were famous for their legislative acumen. They debated smoothly, shifted from topic to topic, and moved between conference committees to put the pieces together.
Mike Mansfield of Montana had a hardscrabble childhood but became a successful politician and the longest-serving majority leader of the Senate. He was among the most popular men in the Senate. He was gracious and always insisted on fairness.
Tom Morgan, a physician from Pennsylvania, championed bipartisanship. As chairman of the House Foreign Affairs Committee, he was always in control of the agenda and completely unflappable, even when provoked by fellow Democrat Ron Dellums of California. Dellums was elected as an activist and a rhetorical flame-thrower, but over time he learned the system and made it work to get things done.
Across the aisle, Republican John Rhodes represented Arizona in the House and served as minority leader. He was courteous, always well prepared, slow to anger, and respected by members. He represented the best of the House in his conduct and actions.
Charlie Halleck, a Republican from my home state of Indiana, was both majority and minority leader during his 34 years in the House. A dedicated conservative who nevertheless supported civil-rights legislation, he was skilled at using the rules to advance legislation.
Of course, there was Democrat John McCormack of Massachusetts, the House speaker when I arrived. He was known for the phrase, “I hold the distinguished gentleman in minimum high regard.” He would say it often, including to me. In a kinder, gentler era, it was his way of gently rebuking colleagues.
I’ve described a Congress where members held strongly conflicting views but cooperated to get things done. Is that possible today? It’s hard for me to judge from a distance, but politicians are still politicians. Most run for office to accomplish certain goals, and the only way to do that is to work together.
Lee Hamilton, 92, is a senior advisor for the Indiana University (IU) Center on Representative Government, distinguished scholar at the IU Hamilton Lugar School of Global and International Studies, and professor of practice at the IU O’Neill School of Public and Environmental Affairs. Hamilton, a Democrat, was a member of the U.S. House of Representatives for 34 years (1965-1999), representing a district in south-central Indiana.
KAREN AYOUCH has been promoted to dean of academic affairs for assessment, institutional effectiveness, and research at Herkimer County Community College. She is responsible for campus-wide institutional assessment and effectiveness along with providing data reports to state, federal, and accrediting agencies and conducting internal institution-wide research. Ayouch has been with Herkimer College since 2003 in
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KAREN AYOUCH has been promoted to dean of academic affairs for assessment, institutional effectiveness, and research at Herkimer County Community College. She is responsible for campus-wide institutional assessment and effectiveness along with providing data reports to state, federal, and accrediting agencies and conducting internal institution-wide research. Ayouch has been with Herkimer College since 2003 in several capacities, most recently as the director of institutional research. She also served as a systems programmer analyst and a financial-aid assistant. She holds a bachelor’s degree in computer science and a master’s degree in information design and technology from SUNY Polytechnic Institute.
KATHERINE (KATIE) E. TOOMEY has been appointed chief marketing officer at Bond, Schoeneck & King, PLLC. She will lead Bond’s marketing team to position and promote the law firm across its regional platform. She will work closely with firm management on strategic initiatives to continue Bond’s growth across its 16 offices in five states and
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KATHERINE (KATIE) E. TOOMEY has been appointed chief marketing officer at Bond, Schoeneck & King, PLLC. She will lead Bond’s marketing team to position and promote the law firm across its regional platform. She will work closely with firm management on strategic initiatives to continue Bond’s growth across its 16 offices in five states and 35 practice and industry areas. Toomey will be based in the law firm’s Syracuse office. Prior to joining Bond, Toomey was VP of member engagement at CenterState CEO, providing leadership and strategic guidance to Central New York’s largest business leadership and economic-development organization. During her tenure at CenterState CEO, Toomey also served as executive director for the Greater Oswego-Fulton Chamber of Commerce, which became a fully integrated affiliate of CenterState CEO in 2017. Toomey received her bachelor’s degree from SUNY Plattsburgh and master’s degree from Iona University.
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