Saturday, December 27, 2008
Are You a Teacher Needing Help? DON'T Ask your Attorney General
It is no secret to anyone who has been subject to, or an observer of, the willful malicious prosecution by NYC and NYS Superintendants/principals of good, honest people - teachers, para professionals, secretaries, custodians, etc - who follow the directive to be mandated reporters, that there are no consequences for the prosecutors. In fact, the laws of due process, open meetings, freedom of information (FOIL) and employment are routinely violated by administrators who know that they can be immunized by the Corporation Counsel (Law Department of the City of New York at 100 Church Street, NYC 10004). When the Law Department decides to indemnify an individual, this means that the defense in court of this person is paid for. See Indemnification. If the immunized person is a public employee, then, according to the law, this person can be represented in court pursuant to the individual working for a public agency and having done something while performing his/her duties as such. When an individual is immunized he/she is 'empowered' in an manner of being "held harmless":
In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the first party. For example, many leases include a hold harmless clause in which the tenant agrees not to sue the landlord if the tenant is injured due to the landlord’s failure to maintain the premises. In most states, these clauses are illegal in residential tenancies, but may be upheld in commercial settings."
The corporation counsel in New York City gives this privilege to anyone who the NYC Law Department wants to, and there is nothing that any taxpayer can do. I've tried. Martin Bowe, an Attorney who works for the Corporation Counsel, called me to say that he indemnified non-employees "because [he] wanted to".[direct quote taken from the tape].
A Model Agreement for indemnification of an employee of a corporation is posted above to show how companies can protect themselves from liability. We believe that the Corporation Counsel is violating the law by using the law to protect anyone from claims made against public employees and agencies, and are "coloring" the laws of indemnification/immunity. The same goes for Judges, who are more or less 'appointed' by the party machines. This is possible because in New York City, no taxpayer votes for the school board, and the Attorney General doesn't work for us, the public, but for the New York State Education Department (see letter sent to Dania Hall, above, when she asked for Attorney General Andrew Cuomo's help).
As Dania points out on her blog in the article " Demand for School Chiefs Pushes Salaries Up" By FORD FESSENDEN, North Bellmore School District seems to reward Superintendants quite handsomely to color the law). There are never any consequences.