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Q&A on discrepancies between state comptroller's audit and agency reports

1:24:24

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Council Member Jennifer Gutiérrez questions Alex Foard from OTI about discrepancies between the state comptroller's audit and agency reports for Local Law 35. They discuss specific tools used by DOE that were not reported.

The state comptroller's audit identified tools used by DOE that were not reported in Local Law 35 reports
Alex Foard explains that agencies are responsible for identifying and reporting their tools
OTI provides guidance to agencies on whether tools meet the reporting criteria
Tools must meet three criteria to be reported: derived from sophisticated data analytics, involved in agency decision-making, and have a material impact

Jennifer Gutiérrez

1:24:24

Okay.

1:24:25

I wanted to ask about In audit that the state controller conducted, as I understand it, it was in some kind of cooperation with OTI?

1:24:39

Yep.

1:24:40

The report shows that there are I think maybe customer were men in reference this or no?

1:24:46

I think she referenced it.

1:24:47

Yeah.

1:24:49

The the report shows that teach to 1360 feedback studio tech and teach FX are also used by the DOE.

1:24:58

However, they're not reported in either 2022 or 2023 reports.

1:25:03

Do you have a sense of why they were excluded?

Alex Foard

1:24:38

Yes.

1:25:05

Yeah.

1:25:05

So generally, we up from our end, we don't try to diagnose from a distance without knowing exactly what the specific decision making was for the agency.

1:25:13

Agencies are responsible for identifying their tools and reporting them under local law 35.

1:25:18

We provide guidance to agencies when they have questions about whether or not something meets the threshold for being reported, yes or no.

1:25:25

So I I don't have the specifics behind the decision making for DOE there.

1:25:30

In general, in order to be reported for local law 35, a tool has to meet 3 criteria of the definition.

1:25:36

It has to be a a drive from sophisticated data analytics, including AI, it has to be involved in a decision decision making process for the agency, and that decision making process has to have a material like, impact.

1:25:51

So we do advise agencies that if a tool does not meet all three criteria, it is not obliged to be reported under local authority 5.

1:25:58

Again, I'm not speaking to the specifics of that tool.

1:26:00

I don't have the insight into the decision making there, but we do always advise agencies how to understand the requirements of the law.

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Q&A on agency compliance and changes in reporting methodology for Local Law 35

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Q&A on OTI's role in ensuring agency compliance and accuracy of reports