What Mike Bloomberg, Dennis Walcott, the major newspapers (which receive advertising dollars from Bloomberg) and all their supporting staff do, is ignore Education Law Section 3020-a where a vote in an Executive Session to determine probable cause (Education Law 3020-a(2)(a)) is required, and give the rubber ball, probable cause, to anyone who wants to play with it.
No NYC case had this vote before the charges were served on the Respondent tenured employees in this article. This means that anyone who actually "found" probable cause can charge, testify against, and conclude, that an alleged act of misconduct or pattern of incompetency is "true". Then, the conclusion is, the allegation becomes a fact. And, the Daily News takes the conclusions of the arbitrator as fact as well. How easy is that?
For this leap of faith (from fiction to fact, allegation to evidence) to occur, there has to be a strategy in place. He it is, in my opinion:
1. The UFT and NYSUT have to agree with a clear path and/or bridge from the original fiction/violation of law to conclusion/fact/evidence.
2. The arbitrator has to put aside his/her ethics and agree with the DOE that whatever they are alleging is true and all circumstances which do not fit in are irrelevant.
3. The arbitrator has to find the DOE witnesses, whatever their ages, "credible", over the tenured Respondent, who must be found "not credible". NYSUT then tells their clients, do not have any witnesses.
4. The arbitrator, who knows that if there was no vote in Executive Session, can make any penalty he or she wants, because there is no legal basis to proceed as the arbitrator without a proper determination of probable cause and he/she has already exceeded his/her authority to hear the case.
As we all now know, without the UFT in agreement with the harmful, unlawful process of determinating probable cause with no Executive Session, the DOE could never have gotten away with 12 years of baseless 3020-a hearings; NYSUT does not oppose violations of the law, rules, and contract, and therefore "permits" by omission the introduction of documents which allow an allegation to become a fact; many arbitrators consider themselves bound to find 7-year olds "credible" over a 25+ year tenured teacher, because then they stay on the panel and make their $1400/day; and as the hearing itself is founded upon Education Law 2590 and not 3020-a(2)(a), any penalty is ok, and all arbitrators are immune to prosecution.
But most arbitrators are attorneys and should be complained about to the NYC Bar Association if a decision is contrary to the facts or violates attorney ethics. Same goes for the Gotcha Squad attorneys. Anyone charged and penalized wrongly may appeal to the Supreme Court in an Article 75.
So, Ben and Rachel, if you did your homework, you would not be able to write about how the Department needs to fire everyone brought to 3020-a. What should happen instead, is that someone should look at the actual facts, assess the case before it is brought to 3020-a, and find a suitable resolution before the public has to spend millions of dollars on this rubber room process with the probable cause rubber ball.
|NYC Mayor Mike Bloomberg|
City will spend $29 million on salaries, benefits of educators it can’t fire
There are 326 teachers and school administrators who have been reassigned from the classroom yet still collecting pay, the Daily News has learned. These educators are accused of abusing kids, breaking rules or being lousy at their jobs — but a controversial firing process makes it hard to terminate bad employees, education officials say.
SATURDAY, OCTOBER 5, 2013, 2:30 AM
SUSAN WATTS/NEW YORK DAILY NEWS
The teachers union, led by Michael Mulgrew (pictured), was sued by the city in September for allegedly impeding the 2010 agreement to speed up the firing process and get rid of rubber rooms.