Joseph Baranello is the Central Records Access Officer for the NYC Department of Education. He sits at 52 Chambers Street, and denies Freedom of Information requests at random. If you want information from him immediately, forget it. He will delay his response for more than two years, if he feels like it. I found him on Facebook.
He writes:
Joe Baranello "Bottom line--I miss the days when it was crowds of trannies and drag queens roaming the streets".
December 12, 2009 at 10:29pm (Baranello's main Facebook page photo above)
Joe Baranello I was on the L this afternoon when 100
or more Santas boarded at Bedford. It was the biggest collection of
douchebags I have stumbled into in at least a decade. They would burst into
drunken caroling every twenty seconds or so. Anyone who made a nasty remark
was shouted down with chants of "Grinch! Grinch!". By the end of
the ride it got ugly. One biker chick started ripping the beard off a Santa
and belted him.
December 12, 2009 at
10:23pm
A post SantaCon furry ménage
Share · December 12, 2009
Joe Baranello "Then, at union square they deboarded.
I went to 6th ave just go avoid them, and walked back to union sq. Oops! Bad
move. There were hundreds of f-ing santas all over the area, congregating on
University and headed south, towards what fratty sh-hole one can only
imagine, and shudder at the thought. This photo was taken hours later on the
way back".
December 12, 2009 at
10:27pm
December 12, 2009 at 2:47pm
December 12, 2009 at 2:48pm
Joe Baranello "Indeed! Looking back
on it, these three were harmless and cute. But the others...oy!"
September 19, 2010 at 4:42pm
Several months ago
the pictures and comments above were on his Facebook page.
Today, the New York City Department of Education is trying
to keep Christine Rubino fired after she made a stupid
comment on her private Facebook page in a moment of frustration. Randi
Lowitt, the Hearing Officer at Christine's Section 3020-a arbitration hearing
(which I attended) ignored Christine's stellar record of 15 years, ignored
the fact that the Principal adored Christine and did not want her terminated,
ignored the fact that Christine admitted the improper comment being placed on
her Facebook page, and that she took it down and apologized.
Vote on whether or
not a public employee should be writing these comments. I will post replies
if relevant to this question.
Are you listening,
Dennis?? Mike (Best)?
Betsy Combier
|
Showing posts sorted by relevance for query Baranello. Sort by date Show all posts
Showing posts sorted by relevance for query Baranello. Sort by date Show all posts
Tuesday, February 14, 2012
NYC Department of Education Attorney Joseph Baranello Uses Facebook To Comment About The "Douchebags" On The L Train
Sunday, April 15, 2012
Facebook Statement Again Reported In The NYPOST
"Facebook is giving more Big Apple teachers a black eye" says the NYPOST today (see the article re-posted below). But we need to look at all the circumstances surrounding a "facebook teacher" and not judge simply because the NYPOST is telling us to.
The article in today's NYPOST shows once again the agenda of the media to go after teacher stories which support the DOE or help Mayor Bloomberg and Dennis Walcott get their policies in order, or at least agreed to by legislators. The NYC DOE still has no internet policy. They are trying to create one by using the Daily News and the NYPOST. Why not? It works.
 |
| Donna Blaine |
The NYC rubber rooms were created and run by the NYC DOE, pursuant to Mayor Bloomberg's order to remove tenured employees from the public school system but make it look like they were honoring the required mandate of due process. The media also placed the blame for these warehouses on the UFT, when indeed, it was the DOE's baby, from charges to termination/settlement/retirement/resignation. The UFT just did nothing to stop it, and there was a gradual erosion of contractual rights over time, especially in 2005 when the grieving of letters to file was prohibited. This became a huge problem when "they" - the Mayor, the Chancellor, the Gotcha Squad, the New York Law Department - realized that the people stored in the warehouses were talking to each other and to the media. In fact, in 2007, many teachers believed that if they were in the newspaper, they would get a resolution to their case. I spoke to most of the rubber roomers, and I would say that certainly less than a third should have been re- assigned. Luckily, I could go to the very people who were involved in this effort to re-assign people, as in 2007 I was hired by the UFT to go into the rooms. The problem that arose was that the UFT in fact never wanted me to find out who was being treated unfairly, and when I started asking the right questions and I started this blog to highlight the unfairness of the rubberization process, I was attacked by the UFT. This is the story to be told in my book and on this blog at a later date.
In 2007-2008 everyone started talking to reporters, not realizing that their story and career would be falsified to fit the needs of Bloomberg/Klein, namely to shut down the rubber rooms. The advice by UFT reps to not speak to anyone did not ring true to the people who sat in the temporary re-assignment rooms after these re-assigned professionals started trading stories of how the UFT district reps did not help them. I asked why this was happening and was told to shut up. I didnt.
The next step, where the Tweedies are now, is the fine tuning of a policy to get rid of anyone with tenure, and all probationary teachers about to get tenure, without spending time on due process. As I have previously posted, Dennis Walcott is on Youtube saying that "Just Cause" is a waste of time. To me, this is one of his most chilling statements ever. Tenure rights are protected by law in New York State, last I checked. Walcott says, who needs [the Constitution]? (Also on my website here and here)
 |
| Dennis Walcott |
The Facebook issue is so clearly trash journalism.I posted the Facebook page and comments of the NYC DOE's Records Access officer, Joseph Baranello, on my blog. I then spoke with a reporter who presented this to her editor, and she heard from the DOE that if the newspaper did the story of Baranello, then the DOE would look bad. So, the Baranello story never ran in any newspaper. Of course it didnt. The media contact for the NYC DOE told the media, dont do this story, and the editors listen to that.
Here is my story and links once again:
NYC Department of Education Attorney Joseph Baranello Uses Facebook To Comment About The "Douchebags" On The L Train
 | ||
| Joseph Baranello |
It seems to me from Mr. Baranello's comments, he thought that people who dress up as Santa Clauses look like "douchebags"; and he thinks the Jewish Sukkah is silly, disgraceful, or whatever:
September 19, 2010 at 4:42pm
It seems to me that he should be reprimanded for the comments about Sukkah and that people dressed up as Santa Clauses are "douchbags". Im Jewish but I was raised as a Presbyterian and lived in Egypt, Israel and Jordan. I value all cultures, sexual orientation, religion, socio-economic level, whatever. I dont feel good about what he wrote on his page about Sukkahs, and I wonder if his Supervisor thought this as well. I dont think anything was said to Baranello, as there is definitely a double standard in the NYC DOE. (sometimes I try to be humorous).
The Facebook stories are serious, however, and I take each one that I hear, seriously. It is true that people who use Facebook should be careful about what they put out into cyberspace. It is also true that if you take a vacation and lie about it after you have put your picture on Facebook enjoying some sun outside of New York City when you were supposed to be in school, then you have to expect consequences. What is not believable is that all the teachers in the article re-posted are the perverts and criminals who have to be terminated for making a Facebook comment, as our Mayor, Chancellor, the Gotcha Squad and the New York Law Department/Corporation Counsel are saying.
In the article is a teacher by the name of Pat Dawson. I attended the first two days of her open and public 3020-a hearing at 51 Chambers Street, and so did approximately 12 other people. There was standing room only. Ms. Dawson is obviously a person who has many of friends and supporters, as Norm Scott pointed out on his blog:
"A popular and effective teacher
And thus it is with the Facebook teacher, who even Stanzione admitted was not only a good teacher but one that students gravitated to, as did other teachers. In fact she was Coordinator of Student Activities (COSA) and was chosen to represent the school at recruiting fairs with the approval of Stanzione --- an unpaid volunteer position. She was so popular with students, I imagine she had grown so comfortable with them that she said a few things on Facebook that look bad when in isolation, but as pointed out by union lawyer Callegy, nothing that isn't said all the time in teacher rooms, which Stanzione readily acknowledged."
And thus it is with the Facebook teacher, who even Stanzione admitted was not only a good teacher but one that students gravitated to, as did other teachers. In fact she was Coordinator of Student Activities (COSA) and was chosen to represent the school at recruiting fairs with the approval of Stanzione --- an unpaid volunteer position. She was so popular with students, I imagine she had grown so comfortable with them that she said a few things on Facebook that look bad when in isolation, but as pointed out by union lawyer Callegy, nothing that isn't said all the time in teacher rooms, which Stanzione readily acknowledged."
Will it make a difference? At this point, the only information we have on possible outcome is the information already testified to and the information about the Arbitrator, Joshua Javits. My opinion about Mr. Javits as an arbitrator who is supposed to be a neutral in the process: he is not neutral. Having observed him as an arbitrator more than once, I see someone who has no idea what is important or not, he thinks everything should be in evidence, even if the letter/rating/memo is not signed, and the Respondent teacher testifies that he/she never saw it. In it goes. Then, Javits' pattern and practice is to terminate or take whatever position the DOE wants him to take.
What concerns me in the Dawson case is that until a few days before the NYC DOE started the hearing on April 4 2012 it seems that the Gotcha Squad Attorney, Andrea Chilaka, didnt have a case. What we heard on April 5, when the Principal, Michael Stanzione, came in, was that two days before, Stanzione was told by "legal" to call in a student who was named on Dawson's Facebook page but had never seen it or heard about it, and he was asked to testify to how he "felt" more than 14 months after the Facebook comment was made, and almost as many months after the Facebook page was permanently removed from the internet by Ms. Dawson. This former student testified that he was shocked, and he didnt understand why his former teacher would do this. Callagy asked him, "You know that you cannot ask ms. Dawson, right?"
I personally find Ms. Chilaka annoying because she laughs all the time, after every objection, statement, question, whatever. Maybe she is nervous because she knows she will be on the internet. She already is.
What the DOE is doing is they are creating an effect of Dawson's Facebook comments more than 15 months after they were made, so they can "help" Josh Javits make a determination that Dawson should be punished, probably with termination, because she has had such a detrimental effect on her former students. But how can Dawson address the fact that before the case began, there was no effect of her actions because no one believed what she was saying on Facebook.
 |
| Me and NYSUT Attorney Chris Callagy |
When NYSUT Attorney Chris Callagy asked Stanzione when he met with the student and why he met with him so many months after the Facebook comments were made, he testified that "legal" told him to. This is exactly the same testimony that was given in Christine Rubino's case. The Principal was given Christine's Facebook comments in June 2010, but only removed her in November because "legal" told her to remove her. Lisa Esposito, Christine's Principal, also testified that she thought Christine was a terrific teacher, and she did not want termination as a penalty, but "legal" told her she had to go for termination, she had no choice.
In Christine's case there were no students who were affected by Christine's comments, and Randi Lowitt, the arbitrator, went with termination because "legal" attended on a daily basis - Theresa Europe.
Christine then won her appeal in the New York State Supreme Court and her case is now remanded back to Randi for a lessor penalty than termination because, wrote Judge Barbara Jaffe, Christine had a stellar 15-year teaching career that Lowitt did not consider.
As we read the pages of the major media, let's keep in mind the agenda that they, the media want you to read into what the reporters write, and not judge someone whose story appears there.
Prober uses Facebook to nail perv, goldbrick NY teachers
Last Updated: 6:30 AM, April 15, 2012
Posted: 12:58 AM, April 15, 2012
Facebook is giving more Big Apple teachers a black eye.
The
article in today's NYPOST shows once again the agenda of the media to
go after stories which support the DOE or help Mayor Bloomberg and
Dennis Walcott get their policies in order, or at least agreed to by
legislators.
As the city Department of Education prepares to release it’s first-ever social-media policy, Schools Investigator Richard Condon has tallied a rapid growth in complaints about improper Facebook usage by city school employees — 120 in the past 18 months.
Some teachers got in trouble for posting dumb jokes tinged with sex or violence.
Others were busted after their own or students’ Facebook comments tipped officials to wrongdoing.
Chancellor Dennis Walcott has hinted the policy will bar teachers from becoming Facebook friends with students on their personal pages.
Meanwhile, Facebook is an occupational hazard. Patricia Dawson, an English teacher at the HS of Economics and Finance in Manhattan, is fighting DOE termination on misconduct charges for jesting 15 months ago on her Facebook page, “I’ll bring a gun to school” to get into security-controlled elevators. Several students joined in the banter — one offering to bring a gun to help her.
“No one took it seriously,” an insider said.
Colleagues say Dawson should not lose her career over a wisecrack, but her words, which the DOE deems harmful, are carved in cyberspace.
That’s what makes Facebook an investigator’s friend, Condon noted. “There’s no dispute about what was actually said.”
The social-network site also can give damning evidence, such as a photo of a teacher who called in sick “drinking a pina colada in San Juan,” or others who sent sexually suggestive messages to students.
“Those are the ones that concern us the most,” Condon says.
Among his latest findings:
* Jessica Osborne, 31, quit The School for Classics in Brooklyn after a student told a pal on Facebook she made out with the teacher in her car. The student also texted she “had sex with the teacher in every room except the bathroom” at Osborne’s house.
* Understanding Sowerby, 40, a ex-teacher at the MS for the Arts in Crown Heights, sent a Facebook friend request to a girl he supervised in detention, then chatted about her breasts.
“BTW U need more den a sports bra 2 hold dem ‘twins’ down!” he posted, a probe found. He was put in a substitute pool.
* Derek Sacerdote, an Earth science teacher at Kurt Hahn Expeditionary Learning School in Brooklyn, posted this: “Considered bashing a student’s head in this morning . . . for the first time in my entire career.”
Sacerdote, 37, told probers a student had “made a demeaning remark about my mother.” He later vented on Facebook, saying “it was his way of blowing off steam.” He was not removed.
* Michael Wolach, 30, still a teacher at the Jill Chaifetz Transfer School in The Bronx, wrote on a student’s wall that he had just watched a Penguin game. When the boy asked what sport it was, Wolach posted:
“It’s hockey moron. The only sport you know is ball licking. You’re a professional.”
* Donna Blaine, a teacher at IS 125 in Woodside, regaled Facebook friends about her trip to Puerto Rico last Thanksgiving. She had called in sick before and after the holiday, despite a warning not to play hooky.
The city is still fighting to fire Brooklyn teacher Christine Rubino, who ranted on Facebook about her rowdy students at PS 203 a day after a Harlem girl drowned on a class trip to the beach: “After today, I’m thinking the beach sounds like a wonderful idea for my 5th graders. I HATE THEIR GUTS! They are all the devils spawn!”
A hearing officer agreed to boot her, but a Manhattan judge ruled termination too severe. The city is appealing.
Read more:http://www.nypost.com/p/news/local/naughty_teachers_hooked_sAZX9mzSfd2cBthom6WBaL#ixzz1s8epZ0GM
Wednesday, July 10, 2013
Harvey Elentuck Appeals The Denial of His Freedom of Information Request For Dennis Walcott's Performance Evaluation
to: Courtenaye Y. Jackson-Chase, Esq.
from: Harvey M. Elentuck
date: 7/10/13
re: FOIL Appeal 8434
Pursuant to the terms and conditions of the New York Freedom of Information Law (FOIL) and the Regulations of the NYS Committee on Open Government, I hereby appeal the denial of access to FOIL Request 8434.
The request (below) was E-mailed on 3/6/12.
Joseph A. Baranello, Esq.'s 6/11/13 denial of access is attached.
I would like to express my concern that Mr. Baranello has been making a general practice of not determining my FOIL requests in a timely manner. I do not concur with the NYC Department of Education's notion that the issuance of a series of "extension letters" (i.e., the practice of serial extension letters) is a permissible manner of delay, despite the fact that Chancellor's Regulation D-110 VIII(A) has a provision concerning such letters.
I am calling on you to investigate this delay, and determine what, exactly, Mr. Baranello was working on during the time period between his receipt of my request and his issuance of the decision letter. I am speculating that other people who filed FOIL requests after I did, received final responses before I did, in situations where Mr. Baranello and other employees of the FOIL Unit found them less distasteful to work on. In my opinion, Mr. Baranello is an intentional procrastinator, particularly in situations where he and his colleagues have decided that certain FOIL requests are seeking sensitive records or burdensome records.
In terms of a basis for this appeal, I would venture to guess that all employees and officers of the NYC Department of Education are evaluated on a periodic basis. Certainly, the Commissioner's Regulations call for yearly evaluation of a school superintendent. The Chancellor obviously holds a job that, in the 1960s and prior, was entitled, "Superintendent of Schools." It's obviously vitally important that the Chancellor be evaluated yearly. Even the former Board of Education recognized the importance of this. So, why wouldn't the Panel for Educational Policy be preparing written annual evaluations of the Chancellor and have written procedures on the books as to how such evaluations are to be conducted?
Concerning the other members of the Chancellor's Leadership Team, I have no personal knowledge of whether there are any rules, regulations, or policies in place calling for periodic written performance evaluations to be issued.
I can only generally comment that if teachers, guidance counselors, and school supervisors receive yearly written evaluations, then I can't think of any good reason(s) why the members of the Chancellor's Leadership Team wouldn't, also.
I will look forward to hearing from you within ten business days of receipt.
cc:
Hon. Mayor Michael R. Bloomberg -- MBloomberg@cityhall.nyc.gov
Hon. Corporation Counsel Michael A. Cardozo –- MCardozo@law.nyc.gov
Hon. Queens PEP Member Dmytro Fedkowskyj –- pepofqueens@yahoo.com
Joseph A. Baranello, Esq. -- JBaranello3@schools.nyc.gov
Robin S. Greenfield, Esq. -- RGreenf@schools.nyc.gov
Executive Director NYSCOOG Robert J. Freeman –- RFreeman@dos.state.ny.us
Assistant Director NYSCOOG Camille S. Jobin-Davis –- CJobinDavis@dos.state.ny.us
Panel for Educational Policy -- panel@schools.nyc.gov
Betsy Combier -- Betsy.Combier@gmail.com
from: Harvey M. Elentuck
date: 7/10/13
re: FOIL Appeal 8434
Pursuant to the terms and conditions of the New York Freedom of Information Law (FOIL) and the Regulations of the NYS Committee on Open Government, I hereby appeal the denial of access to FOIL Request 8434.
The request (below) was E-mailed on 3/6/12.
Joseph A. Baranello, Esq.'s 6/11/13 denial of access is attached.
I would like to express my concern that Mr. Baranello has been making a general practice of not determining my FOIL requests in a timely manner. I do not concur with the NYC Department of Education's notion that the issuance of a series of "extension letters" (i.e., the practice of serial extension letters) is a permissible manner of delay, despite the fact that Chancellor's Regulation D-110 VIII(A) has a provision concerning such letters.
I am calling on you to investigate this delay, and determine what, exactly, Mr. Baranello was working on during the time period between his receipt of my request and his issuance of the decision letter. I am speculating that other people who filed FOIL requests after I did, received final responses before I did, in situations where Mr. Baranello and other employees of the FOIL Unit found them less distasteful to work on. In my opinion, Mr. Baranello is an intentional procrastinator, particularly in situations where he and his colleagues have decided that certain FOIL requests are seeking sensitive records or burdensome records.
In terms of a basis for this appeal, I would venture to guess that all employees and officers of the NYC Department of Education are evaluated on a periodic basis. Certainly, the Commissioner's Regulations call for yearly evaluation of a school superintendent. The Chancellor obviously holds a job that, in the 1960s and prior, was entitled, "Superintendent of Schools." It's obviously vitally important that the Chancellor be evaluated yearly. Even the former Board of Education recognized the importance of this. So, why wouldn't the Panel for Educational Policy be preparing written annual evaluations of the Chancellor and have written procedures on the books as to how such evaluations are to be conducted?
Concerning the other members of the Chancellor's Leadership Team, I have no personal knowledge of whether there are any rules, regulations, or policies in place calling for periodic written performance evaluations to be issued.
I can only generally comment that if teachers, guidance counselors, and school supervisors receive yearly written evaluations, then I can't think of any good reason(s) why the members of the Chancellor's Leadership Team wouldn't, also.
I will look forward to hearing from you within ten business days of receipt.
cc:
Hon. Mayor Michael R. Bloomberg -- MBloomberg@cityhall.nyc.gov
Hon. Corporation Counsel Michael A. Cardozo –- MCardozo@law.nyc.gov
Hon. Queens PEP Member Dmytro Fedkowskyj –- pepofqueens@yahoo.com
Hon. PEP Chair Tino Hernandez -- THernandez5@schools.nyc.gov
Hon. City Council Member Robert Jackson -- RJackson@council.nyc.gov
Hon. DOE Chancellor Dennis M. Walcott -- DMWalcott@schools.nyc.govJoseph A. Baranello, Esq. -- JBaranello3@schools.nyc.gov
Robin S. Greenfield, Esq. -- RGreenf@schools.nyc.gov
Executive Director NYSCOOG Robert J. Freeman –- RFreeman@dos.state.ny.us
Assistant Director NYSCOOG Camille S. Jobin-Davis –- CJobinDavis@dos.state.ny.us
Panel for Educational Policy -- panel@schools.nyc.gov
Betsy Combier -- Betsy.Combier@gmail.com
to: Joseph A. Baranello, Esq. -- JBaranello3@schools.nyc.gov
from: Harvey M. Elentuck -- Harvey400@aol.com, Harvey_M_Elentuck@alum.mit.
date: 3/6/12
Re: New FOIL Request F____
I have attached a copy of the judicial decision in Blecher v. NYC Board of Education (NYLJ, 10/25/79).
Also relevant is Gould v. NYC Police Department (89 NY2d 267):
Here is a current listing of the members of the Chancellor's Leadership Team:
Pursuant to the terms and conditions of the New York Freedom of Information Law (FOIL) and the Regulations of the NYS Committee on Open Government, I would like to receive E-mail copies of the following records:
a) "the final performance evaluations of all of the members of the Chancellor’s leadership team for 2009, 2010 and 2011, in the NYC Department of Education, including but not limited to every Deputy Chancellor, as well as the performance evaluation of the Chancellor himself"
b) analogous records for the years 2006, 2007, and 2008
c) records containing the policies and procedures for conducting the performance evaluations of each member of the Chancellor's Leadership Team (including the Chancellor) for each of the years from 2006 to 2012
(Note: If the policies and procedures were never revised during any of the above years, simply provide the most current version of the record, but so clearly indicate in your determination letter.)
Please be advised that the CEO of a school district, whether entitled "Chancellor" or "Superintendent of Schools," must be evaluated annually.
Here is the full statement of §100.2(o)(1)(vi.) of the current Regulations of the Commissioner of Education:
The governing body of each school district shall annually review the performance of the superintendent of schools according to procedures developed by such body in consultation with the superintendent. Such procedures shall be filed in the district office and available for review
Performance review of superintendent.
by any individual no later than September 10th of each year.
I am attaching two final performance evaluations of (former) Chancellor Rudolph Crew so that you may see what types of records one of your predecessors saw fit to release.
If you have any questions about this new FOIL request, or would like to meet with me to discuss it, please feel free to E-mail me at eitherHarvey400@aol.com or Harvey_M_Elentuck@alum.mit.edu
I’ll look forward to hearing from you within five business days of your receipt of this request.
Thank you for your anticipated cooperation.
cc:
Hon. Mayor Michael R. Bloomberg -- MBloomberg@cityhall.nyc.gov
Hon. Corporation Counsel Michael A. Cardozo –- MCardozo@law.nyc.gov
Hon. Queens PEP Member Dmytro Fedkowskyj –- pepofqueens@yahoo.com
Hon. Queens PEP Member Dmytro Fedkowskyj –- pepofqueens@yahoo.com
Hon. Senator John J. Flanagan -- Flanagan@nysenate.gov
Hon. City Council Member James F. Gennaro -- JGennaro@council.nyc.gov
Hon. City Council Member James F. Gennaro -- JGennaro@council.nyc.gov
Hon. PEP Chair Tino Hernandez -- THernandez5@schools.nyc.gov
Hon. City Council Member Robert Jackson -- RJackson@council.nyc.gov
Hon. Senator Carl L. Marcellino -- Marcelli@senate.state.ny.us
Hon. Queens BP Helen M. Marshall -- info@queensbp.org
Hon. Assemblywoman Catherine T. Nolan -- NolanC@assembly.state.ny.us
Hon. City Council Speaker Christine C. Quinn -- SpeakerQuinn@council.nyc.
Hon. Assemblyman Michael Simanowitz -- SimanowitzM@assembly.state.
Hon. Senator Malcolm A. Smith -- MASmith@senate.state.ny.us
Hon. Regents Chancellor Merryl Tisch -- RegentTisch@mail.nysed.gov
Hon. DOE Chancellor Dennis M. Walcott -- DMWalcott@schools.nyc.gov
Michael Best, Esq. -- MBest@schools.nyc.gov
David M. Brodsky, Esq. –- DBrodsky@schools.nyc.gov
David M. Brodsky, Esq. –- DBrodsky@schools.nyc.gov
Betsy Combier -- Betsy.Combier@gmail.com
RoseAnn Darche -- RDarche@queensbp.org
RoseAnn Darche -- RDarche@queensbp.org
Robin S. Greenfield, Esq. –- RGreenf@schools.nyc.gov
Leonie Haimson -- Leonie@att.net
Courtenaye Jackson-Chase, Esq. -- CJackson-Chase@schools.nyc.
Ernest Logan -- Ernest@csa-nyc.org
Michael Mulgrew -- MMulgrew@uft.org
Judy Nathan, Esq. -- JNathan@schools.nyc.gov
Norm Scott -- NormSco@gmail.com
Robin F. Singer, Esq. –- RSinger4@schools.nyc.gov
Lenny Speiller –- LSpeiller@schools.nyc.gov
Lenny Speiller –- LSpeiller@schools.nyc.gov
Randi Weingarten, Esq. -- RWeingar@aft.org
Panel for Educational Policy -- panel@schools.nyc.gov
Executive Director NYSCOOG Robert J. Freeman –- RFreeman@dos.state.ny.us
Assistant Director NYSCOOG Camille S. Jobin-Davis –- CJobinDavis@dos.state.ny.us
Executive Director NYSCOOG Robert J. Freeman –- RFreeman@dos.state.ny.us
Assistant Director NYSCOOG Camille S. Jobin-Davis –- CJobinDavis@dos.state.ny.us
Media
Lindsey Christ -- Lindsey.Christ@ny1news.com
Philissa Cramer -- PCramer@gothamschools.org
Anthony M. DeStefano -- Anthony.DeStefano@newsday.
Susan Edelman – Susan.Edelman@nypost.com
Yoav Gonen -- Yoav.Gonen@nypost.com
Elizabeth Green -- EGreen@gothamschools.org
Karen Matthews -- KMatthews@ap.org
Rachel Monahan -- RMonahan@nydailynews.com
Anna Phillips -- Anna.Phillips@nytimes.com
Friday, September 28, 2012
How To File Freedom of Information (FOIL) Requests To The NYC Dept of Education
How To File Freedom of Information (FOIL) Requests To The NYC Dept of Education
Many years ago I posted on my website two model FOIL request and appeal letters, which can be emailed to either Joseph A. Baranello, Esq., the Central Records Access Officer, or to Hon. Chancellor Dennis M. Walcott and Courtenaye Jackson-Chase, Esq., the Records Appeals Officers (as appropriate) at Tweed. At that time, Susan W. Holtzman, Esq., was in charge of FOIL requests, doing her best to delay, deny or destroy requests she didn't like. (Ms. Holtzman now works as the Attorney for District 75, and does the same thing for Individualized Education Plans and teachers' records.) I am updating the article here, and am including the email addresses:
2 Model FOIL Letters: Request For Records, and Appeal of Denial
Here's how to request records from NYCDOE under FOIL:
Your Name
Your Return Address
City, State, zip
(optional) VOICE: (area code) number
(optional) FAX: (area code) number
(optional) E-MAIL: ___________
Date
Joseph A. Baranello, Esq.
Dear Mr. Baranello:
Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request records or portions thereof pertaining to:
__________________ (attempt to identify the records in which you are interested as clearly as possible -- time periods -- names of people or offices suspected to have the records, etc. -- It is suggested that you use the format of an individually numbered or lettered list of categories).
If there are any fees for copying the records requested, please inform me before filling the request (or: . . . please supply the records without informing me if the fees are not in excess of $____).
As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.
Sincerely,
Signature
Typed Name (RETAIN 3 PHOTOCOPIES)
Here's how to appeal a denial of access (within 30 days of the date of denial) to NYCDOE records under FOIL:
Your Name
Your Return Address
City, State, zip
(optional) VOICE: (area code) number
(optional) FAX: (area code) number
(optional) E-MAIL: ___________
Date
2 Model FOIL Letters: Request For Records, and Appeal of Denial
Here's how to request records from NYCDOE under FOIL:Your Name
Your Return Address
City, State, zip
(optional) VOICE: (area code) number
(optional) FAX: (area code) number
(optional) E-MAIL: ___________
Date
Joseph A. Baranello, Esq.
Central Records Access Officer
Office of Legal Services
New York City Department of Education
52 Chambers Street
New York, NY 10007
Office of Legal Services
New York City Department of Education
52 Chambers Street
New York, NY 10007
Dear Mr. Baranello:
Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request records or portions thereof pertaining to:
__________________ (attempt to identify the records in which you are interested as clearly as possible -- time periods -- names of people or offices suspected to have the records, etc. -- It is suggested that you use the format of an individually numbered or lettered list of categories).
If there are any fees for copying the records requested, please inform me before filling the request (or: . . . please supply the records without informing me if the fees are not in excess of $____).
As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.
Sincerely,
Signature
Typed Name (RETAIN 3 PHOTOCOPIES)
Here's how to appeal a denial of access (within 30 days of the date of denial) to NYCDOE records under FOIL:
Your Name
Your Return Address
City, State, zip
(optional) VOICE: (area code) number
(optional) FAX: (area code) number
(optional) E-MAIL: ___________
Date
Hon. Chancellor Dennis M. Walcott
Records Appeals Officer
Office of the Chancellor
New York City Department of Education
52 Chambers Street
New York, NY 10007
DMWalcott@schools.nyc.gov
Courtenaye Jackson-Chase, Esq.
Records Appeals Officer
Courtenaye Jackson-Chase, Esq.
Records Appeals Officer
Office of the General Counsel
New York City Department of Education
52 Chambers Street
New York, NY 10007
New York City Department of Education
52 Chambers Street
New York, NY 10007
CJackson-Chase@schools.nyc.gov
Dear Chancellor Walcott and Ms. Jackson-Chase:
I hereby appeal the denial of access regarding my Freedom of Information Law request, which was made on __________ (date) and sent to Mr. Joseph Baranello, the Central Records Access Officer.
USE THE FOLLOWING SENTENCE IF MR. BARANELLO (OR ANYONE ELSE) CITED STATUTORY REASONS FOR DENIAL:
The records that were denied include:_______________ (enumerate the records that were denied).
OR USE THE FOLLOWING SENTENCE AFTER HAVING WAITED TWO TO THREE WEEKS, BUT NOT HEARING FROM MR. BARANELLO:
I have received neither a substantive response, nor a letter of acknowledgment of receipt of my request. Therefore, I consider access to have been constructively denied.
THIS NEXT SENTENCE IS OPTIONAL:
For your convenience, I have attached a copy of my letter of request (AND, IF APPLICABLE) and a copy of Mr. Joseph Baranello's (OR OTHER PERSON'S) letter of denial.
As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231.
Sincerely,
Signature
Typed Name (RETAIN 3 PHOTOCOPIES)
Dear Chancellor Walcott and Ms. Jackson-Chase:
I hereby appeal the denial of access regarding my Freedom of Information Law request, which was made on __________ (date) and sent to Mr. Joseph Baranello, the Central Records Access Officer.
USE THE FOLLOWING SENTENCE IF MR. BARANELLO (OR ANYONE ELSE) CITED STATUTORY REASONS FOR DENIAL:
The records that were denied include:_______________ (enumerate the records that were denied).
OR USE THE FOLLOWING SENTENCE AFTER HAVING WAITED TWO TO THREE WEEKS, BUT NOT HEARING FROM MR. BARANELLO:
I have received neither a substantive response, nor a letter of acknowledgment of receipt of my request. Therefore, I consider access to have been constructively denied.
THIS NEXT SENTENCE IS OPTIONAL:
For your convenience, I have attached a copy of my letter of request (AND, IF APPLICABLE) and a copy of Mr. Joseph Baranello's (OR OTHER PERSON'S) letter of denial.
As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231.
Sincerely,
Signature
Typed Name (RETAIN 3 PHOTOCOPIES)
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