Q&A
Q&A on OTI's role in ensuring agency compliance and accuracy of reports
1:26:07
·
5 min
Council Member Jennifer Gutiérrez questions Alex Foard from OTI about their role in ensuring agency compliance and accuracy of reports for Local Law 35. They discuss OTI's process for reviewing and verifying agency submissions.
- Agencies certify their compliance when submitting reports
- OTI provides guidance and technical assistance to agencies throughout the reporting process
- OTI doesn't have a mechanism to independently verify all agency submissions
- Agencies have until December 31st to report, and OTI has until March 31st to collate and review
- OTI is willing to follow up with agencies if concerns are raised about specific tools or reports
Jennifer Gutiérrez
1:26:07
Okay.
1:26:08
But so in this particular instance, I guess, how do you all ensure that what is being disclosed to agency is is all of it.
Alex Foard
1:26:22
Mhmm.
1:26:23
So there's really 2 things to consider.
1:26:24
1 is that as part of the reporting process, we do ask agencies to certify their compliance.
1:26:29
So when they submit their documents their reporting.
1:26:32
We do ask them to say this is what we have to report.
1:26:35
The second component is is that throughout the process over the multi month period when we do kickoff to agency submissions being due, we provide guidance and technical assistance to agencies.
1:26:44
We meet with them and help them understand how to understand the requirements of the law and to answer any questions that we can.
Jennifer Gutiérrez
1:26:53
Okay.
1:26:53
But there's and so there's no mechanism for you all to, I guess, after reporting or I guess, is does every agency have a different deadline for when they have to submit so that you all make that March deadline?
Alex Foard
1:27:06
No.
1:27:06
Well, all agencies are required to report by to us by December 31st the calendar year.
1:27:12
That gives us until March 31st of the following year to collate review, etcetera.
Jennifer Gutiérrez
1:27:17
Okay.
1:27:18
But in and in those 3 months, there's no you're not double checking.
Alex Foard
1:27:24
We do often work with agencies to better understand the materials that they've submitted.
1:27:29
It's, again, up to the agency to identify the tools that they have to report.
1:27:33
That is their obligation under the law, and we do ask them to certify the results to us.
Jennifer Gutiérrez
1:27:37
Okay.
1:27:38
Okay.
1:27:39
Well, I will ask the DOE about these particular programs separately.
1:27:48
Sorry.
UNKNOWN
1:27:55
Okay.
Jennifer Gutiérrez
1:28:05
Okay.
1:28:06
Can I ask on Okay?
1:28:16
Are you familiar if I if I utilize another tool referenced in the comptroller's report, it's the qualified exterior wall inspector by DOB.
1:28:26
Are you familiar with that particular tool that was in the state controllers report?
1:28:30
It's used to identify for side defects.
Alex Foard
1:28:33
I I am I am familiar with the report, but I can't speak to the specifics of it.
Jennifer Gutiérrez
1:28:36
Okay.
1:28:39
Can you share why why why that one was not included in the report?
1:28:42
My understanding is that your office did review and respond to that particular tool, but it was not published in the the local law 35 report.
1:28:51
So
Alex Foard
1:28:51
I can't speak to the specifics for DOD's decision making about excluding or or excluding including or excluding any tool.
1:28:59
Again, that's the agency's obligation is to make that determination.
1:29:04
We, in general, will always advise agencies again to take a look at the criteria for local L35, what needs to be included to meet those 3 criteria, and we provide them with that guidance.
Jennifer Gutiérrez
1:29:16
Okay.
1:29:17
I guess just because you were in collaboration with the state controller on the report, it so we pulled we pulled these two examples from there where they were deemed that they were they are they are, in fact, using AI tools.
1:29:30
Just curious, I guess, what what is the next steps for you all after this hearing?
1:29:35
If I'm saying Mhmm.
1:29:37
I would love to understand why I was in the report and not in in the control's report and not in OTI's report, Is there something that happens now at OTI to go back to DOB and DOE to dig in a little bit more on whether or not these are actually meeting the criteria if there was an issue, like, what what happens now?
Alex Foard
1:29:55
Sure.
1:29:55
We do sometimes have conversations with agencies where we sort of talk about what tools they may have.
1:30:01
Again, provide guidance with them on whether or not something seems to meet the definition of local law 35.
1:30:07
But ultimately, at the end of the day, it is always the agencies who are required by law to report the algorithmic tools that they've identified.
1:30:14
So that's that's their responsibility.
Jennifer Gutiérrez
1:30:17
Okay.
1:30:17
But there's nothing that you all do after that disclosure is made, after they've said we've provided everything.
1:30:27
There's nothing else that OTI can do to to determine if if if all of that is actually a 100% accurate?
Alex Foard
1:30:35
So like I said, sometimes we do have back and forth with agencies to better understand the submissions that they've done.
1:30:41
But, again, we ask agencies to certify that they're in compliance with the law, and so we accept that certification.
Jennifer Gutiérrez
1:30:49
Okay.
1:30:51
If I come to you and tell you, I strongly believe you all should you need to kind of reengage on interaction with the agency because of some of these tools.
1:30:59
Is that something that you all can do?
Alex Foard
1:31:01
We are always happy to provide agencies with guidance on local law 35.
1:31:04
We do that before.
1:31:05
We do that after.
1:31:06
So any opportunity to work with them, we will always take But ultimately, at the end of the day, they need to be the ones who are identifying the tools that they have that meet that threshold and that need to be reported.
Jennifer Gutiérrez
1:31:18
Okay.
1:31:18
I mean, DOE, I'm less concerned about because they actively submit for local 35.
1:31:25
DOB, as I see from the 2023 report, has 0, and this is something that the comp the state controller highlighted is why.
1:31:32
I'm probably more concerned about ensuring that they are complying with local l35.
1:31:38
So I'm making that request.
Alex Foard
1:31:40
Happy to to sort of go back to anything that we have and and to take any additional conversations from there.
Jennifer Gutiérrez
1:31:46
Thank you.
