Sadly, many people in the re-assignment centers or who have been charged and are done with their 3020-a hearing have heard about, or seen directly, the Department’s Attorney supporting lies at the hearing, either in forged documents or perjured testimony.
I have decided it is time to hold the Attorneys and Arbitrators who work on 3020-a hearings in NYC accountable for unjust and unethical decisions. Therefore, I have added a new Section to this blog and on my other social media outlets titled: The NYC 3020-a Arbitration Panel Attorneys.
Of course I cannot write about a 3020-a Arbitrator or DOE attorney while I am assisting in a case. But after a decision is made by the arbitrator, I can give my opinion about the allegations and the actions of anyone who lies, cheats or steals due process rights from a charged employee. The individual charged will not be named, because he/she is not important to make the point that anyone who allows or encourages perjury are unethical, violate their professional responsibility and must be fired.
While Mr. Francis was trying to get this statement into evidence without any identifying information, I looked closely at some faint writing at the top of the page. I saw that the faint writing was a fax number, and the date was 2006. I pointed this out to Attorney Schurr, and told him to say something. He did. Attorney Francis flew into one of his many screaming fits, but in the end, the document was withdrawn. But Mr. Frances put on a frightening show.
The girl came in and performed just as the script required, getting teary at the awful acts of the Dean, and how she was afraid to go to class.
Then, I brought in 9 witnesses for the defense. One of the witnesses, a teacher still at the school, started testifying by saying,
"How come you are charging this wonderful person, who is gay, with trying to become friendly with a girl in his class? How outrageous is that?"
Arbitrator John Woods told him just to answer the questions.
At the end of his testimony, this witness again expressed his dismay over the torture of the Respondent, and walked out of the room. I saw Mr. Francis get up and also walk out of the room. I thought to myself, ugh - I don't like the way that looks. So I got up and walked behind Francis as he made his way to the elevator, where the witness was standing. Suddenly, Francis
started yelling at the top of his voice at the witness words to the effect of
"YOU ARE GOING TO BE SORRY THAT YOU CAME HERE TODAY"
"I'M GOING TO GET YOU FOR THIS"
Francis suddenly turned around and as he had not seen me standing behind him, almost threw me to the floor. He grunted in disgust and ran over to Victor, and told him to go into an empty room with him. A few seconds later you could hear, "KEEP THAT BITCH (I guess that was me) AWAY FROM ME!"
In my opinion, witnesses are very important to a 3020-a defense because if for some reason the arbitrator does not believe the testimony of the charged employee, then his or her information can be given little weight or ignored altogether when the arbitrator considers whether the employee is guilty of any of the allegations charged in the case. Other people who testify about what happened in the classroom or school can help stop the arbitrator from totally disregarding any testimony of the Respondent employee.
It is illegal for anyone who is working in litigation to retaliate against an individual who testifies at a public hearing. See here:
In NYC, lies by DOE witnesses under oath at a 3020-a are plentiful, encouraged by the DOE, and easily made without any accountability. The DOE must support their case no matter what it takes as it is their burden to prove the allegations.
The NYC arbitrators are chosen by NYSUT and the ATU/TPU, and my source says that deals are made by each side. Some arbitrators have a leaning toward supporting the UFT and Unions in general, and others are pro-Department. These pre-existing biases are clear to anyone who is in the room during a hearing, and can be used for an appeal. See the case of Peter Principe, for example. I attended Peter's hearing, and the first day I could see that Arbitrator Stuart E. Bauchner did not like Peter, after hearing that he used to work on Wall Street. Bauchner terminated Peter but the decision was overturned in the Supreme Court, the First Department, and the Court of Appeals. Bauchner is no longer on the 3020-a panel in NYC.
Very often, NYSUT attorneys convince the charged member to settle his/her case by resigning, because then there is no record of any hearing or decision and no appeal. The charges are permanently on the record of the charged employee, and no one can hold the attorney accountable.
The media has often exposed the lies of the Department employees and we at ADVOCATZ have helped terminated employees get their jobs back by pointing out lies at 30020-a, as you can see below from a few of the many cases put into newspapers and won in the Supreme Court:
|Charlette Pope, the principal of Banana Kelly High School in the South Bronx.|
Guidance Counselor Glen Fox Wins His Supreme Court Petition To Overturn His Termination By Former DOE Arbitrator Lana Flame, Esq.
The Farina-Mulgrew-de-Blasio Triumvirate Put Tenured Teachers Into Rubber Rooms On The Public Dime Without Accountability
Recently, ATR W.P. won his 3020-a case by our exposing Nimita Dwarka's lies and fraud. (By the way, Peter Maliarakis came in to testify after we subpoenaed him, although his Attorney Bryan glass told him not to testify to help us). There are more than 40 other cases where the lies of the DOE administrators have been exposed by ADVOCATZ. It's hard work, and not all Arbitrators see our point, but the Courts do!
Editor, NYC Rubber Room Reporter