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Tuesday, July 17, 2012

NYC 3020-a Arbitrator Randi Lowitt Retaliates Against Christine Rubino In A New Decision Ordered By NY State Supreme Court

by Betsy Combier, Editor
Parentadvocates.org
 
Christine, an excellent NYC public school teacher, made a stupid comment on Facebook which she took off her page a few days later, but by then, a "friend" had given a printout to her principal. Christine was terminated by Arbitrator Randi Lowitt, and Christine appealed her decision. The NYS Supreme Court vacated the termination, then Lowitt ruled that Christine made her plight public so she has to be punished with two years' suspension without pay. Are there any adults in the audience? by Betsy Combier
           
   Christine Rubino   

Christine's story has so many sideshows going on, it looks like a circus. We need to look at the entire picture so that the Gotcha Squad stops trampling on the rights of tenured teachers, a group to which Christine has been returned. One thing is crystal-clear, however: The New York City Department of Education, The home and resting place for the Gotcha Squad and the "No Hire" List as well as Arbitrator Randi Lowitt are furious with Christine Rubino and her fearless stand against their lawless and vindictive punishments which harm her. She is my friend, and I am honoring her by writing as much as I possibly can about the retaliation and harm Christine has had to endure simply because she refused to be squashed by theNYC DOE, even though she never had a chance to succeed at her 3020-a. The new Decision from Arbitrator Randi Lowitt is simply vindictive and retaliatory. More about that below.

Perhaps you are not aware of the huge importance the case of Christine Rubino has to Labor Policy and Employment Law throughout the U.S. As far as I know, Christine's case is the first NYC case where a tenured teacher was terminated for making a comment on what she believed was her private Facebook page, while the NYC Department of Education did not have a social media policy. The lack of oversight by anyone at the NYC DOE is one gaping hole in the planning and implementation of any policy. I have spent more than 9 years studying the gaping holes and mistakes of the DOE, and every day I hear of another. Mayor Bloomberg may have wanted to be the "Education Mayor", but he will never reach his goal because he did not put anyone in charge who knew what he or she was doing. Read my articles "The Who Are You Kidding Award Goes To Joel Klein" and "Kleingate", and you may fill in the dots as to what my opinion is concerning the public school system which my 4 children went through and are now, thankfully, out of (as in graduated). 

Christine's Facebook comment was made after a full teaching day with difficult children. She called them "the devil's spawn" on her private Facebook page which she shared with approximately 125 friends, none of whom were children. She suggested she would like to take them to the beach a day after 6th grader Nicole Suriel died on the beach while on a trip with her class for raising money at Columbia Secondary School. A few days later christine took the comment down and has been apologizing to the worls ever since. When the DOE started to go after her 5 months later, two of them ended up verbally abusing a friend of Christine's who taped them. These two investigators wanted the friend to tell them that Christine forced her friend to say that she, not Christine, was the one who put the comment on Facebook. The tape of these two goons was played at Christine's 3020-a and Randi Lowitt thought she heard "proof" that Christine tried to interfere with the investigation of her comment on Facebook, and used the tape to terminate Christine. I heard different "proof" - that SCI uses verbal abuse to get witnesses to say what they, SCI investigators want, and the discussion was frightening.

There are many things wrong with Lowitt's "assessment", if you can call it that. I attended Christine's 3020-a, and watched Randi Lowitt and Attorneys Theresa Europe and Jeff Gamils very carefully. My opinion of Lowitt's "assessment" was, she knew that Theresa Europe and the DOE had to go after Christine and she, Lowitt knew that Christine had to be terminated, because there were too many other side shows going on which could expose the DOE's massive fraud on the City of New York and the parents of the NYC public school system.


If you read the transcript of the first day of the Hearing, you will see that Jeff Gamils, the DOE Attorney, wanted to bring in three witnesses, even though Christine did not have an Attorney. Christine objected, and Randi told her, "There is nothing to object to" (p. 46). Also, it may shocj people to realize that Claude Hersh, head of NYC NYSUT office, picked the Attorneys who would work on the case (and, by picking the Attorneys, he chose the arbitrator). See p. 43, Jeff Gamils talks about the email from Claude. Then, in the transcript of the last day we read that the investigators who interviewed Christine's friend in her car told her that if she did not do what they wanted her to do, she would be put into jail. (p. 1486). This is pretty tough stuff, folks.

Christine had to be punished, not just for her daring to blow the whistle on the DOE by having media at her hearing - I am considered 'press', and Christine asked Sue Edelman of the NY POST to attend - but because of her connection, by sheer coincidence, to the imbedded fraud at the DOE:

1. Nicole Suriel, whose name was never mentioned by Christine, did not have to die in the beach accident June 22, 2010. Dr. Jose Maldonado-Rivera, Principal of Columbia Secondary School, was running a scam operation to fund his fake non-profit, and Nicole's class won the trip to the beach for raising the most money. But he couldnt have chaparones or permission slips, because he did not want questions to be asked about where the money would go. After the accident, the teacher was fired, the AP was demoted and Dr. Maldonado-rivera was reprimanded. The parents are suing. How come the Principal was only reprimanded? The DOE knew all about the scam he was running, and could not allow him to speak up about it, or get angry at the DOE. Tom Allon, CEO of Manhattan Media and running for NYC Mayor in 2013, gave him an award in 2009 as "Principal of the Year". I guess Tom played along , or did not do his research.

2. Several of her students in Christine's class in June 2010 who were referred to in her very temporary post on Facebook as "the devil's spawn" are the same kids who blinded Kardin Ulysse at the Roy Mann Junior High School in Bergen Beach. All people who have heard about the blinding of Ulysse call the kids who did the ugly deed "punks" and "little hooligans". No one has been reprimanded for this, like Christine was.

3. The DOE despises people who make "the NYC Department of Education look bad". Trust me, I am at the top of the list for harm, and all four of my children were harmed while attending their public schools. David Pakter, also a very outspoken teacher brought to 3020-a, was also charged with "making the DOE look bad." He and I asked Randi Weingarten, President of the UFT at the time, to get the DOE to withdraw that charge, and the DOE complied. Francesco Portelos is a new addition to the despised teacher list. He created a blog and posts anything the DOE says or does to him after he blew the whistle on his Principal, Linda Hill. The fact that Christine Rubino allowed Sue Edelman to come to her 3020-a infuriated Randi Lowitt so much, that Randi stopped the hearing after she told Sue Edelman to leave, and Sue said no. Randi backed down afterwards, but remained furious, as you can see from her new decision giving Christine two year's suspension without payafter Judge Jaffe in the NYS Supreme Court wrote a decision saying that Christine's termination was "shocking to the conscience".

4. David Senatore, the "friend" on Christine's Facebook page who printed out her comment and gave it to the principal of Christine's school, was also a teacher at the same school. He was a "favorite" of the Principal, who was covering up Senatore's love for certain boys who attended the after school program. Senatore knew that Christine and others were aware of his taking boys home with him and letting them use his pool. Getting Christine out of the school was a convenient solution. An update on Senatore's story is that in March 2012 he was removed from the school, and has been awaiting charges while sitting at 335 Adams Street. He called me to ask me to help him find one of the boys he was fond of, and told me not to tell anyone. I reported this call, and I heard that teachers have written the investigators about Senatore's actions for several years with the boys in the after school program. 

This article is the third that I have written about Christine Rubino. Here are the other posts on this website and on NYC Rubber Room Reporter:

The True Story of Teacher Christine Rubino And Her Prosecution By The New York City Department of Education
and
New York State Supreme Court Overturns Arbitrator Randi Lowitt's Decision To Terminate Christine Rubino For Facebook Comments by Betsy Combier

After NY State Supreme Court Judge Barbara Jaffe decided that termination was a "shocking" penalty and remanded the case back to the NYC DOE for a lesser penalty, the Gotcha Squad Director Theresa Europe and her subordinate, Attorney Jeff Gamils, made sure that Arbitrator Randi Lowitt got the case again. This is outrageous, as Jaffe did not order the new penalty be decided by the same arbitrator.

Randi Lowitt should never have been given the authority to make a second determination for Christine Rubino, as she was, at Christine's 3020-a, not neutral at all, in my opinion. In NYC the panel of arbitrators who get appointed to hear cases are "permanent", meaning they stay for a year, and get re-appointed by Theresa Europe and Claude Hersh from NYSUT every June. Until April 1, 2012, when new rules changed the business of arbitration that dominates this panel, anyone would have considered the job as NYC Arbitrator a very good one, as each arbitrator was paid $1400-$2300/day, not the much less fees for arbitration under the rules of the American Aarbitration Association.

Each arbitrator gets a DOE Attorney and a NYSUT Attorney who stays with him or her for the year, or for many years. This leads, of course, to an extremely 'chummy' environment where the Respondent teacher's witnesses and defense may be forgotten.

Christine alienated Randi Lowitt the second day of her hearing. Christine was given Attorney Sean Kelly as her NYSUT Attorney, and on day one she knew this would not work for her. Kelly did not believe in her case, and at the pre-hearing kept telling her to resign. I was not in attendance at the pre-hearing, but Christine and I had discussed her case before it began, and she asked for an open and public hearing so that I could attend. Here is Christine's first email to me sent Feb. 12, 2011:

"To Whom it May Concern,
Hello, My name is Christine Rubino and I have been working for the NYC Board of Education for the last 14 years. I have been in the same school for all those years. I am now currently sitting at 131 Livingston Street waiting for my 3020 hearing to proceed (Pre-hearing is Wednesday, February 16th, and hearing is supposed to begin February 17th). My crime... A facebook comment that was made on my own time, from my own computer, that was not racial or sexual in nature. Nor, did this comment contain names of the place of my work. It didnt hurt or threaten anyone. It was an off the cuff comment, that was made out of just having a bad day. My privacy settings were set to private, and a confidential person took comments and showed AP, and Principal. who then lodged a complaint against me with the Office Of Special Investigation. The Board is looking to fire me over this. I have many notes in my file that prove I am an excellent teacher and do a great job, but for some reason they are going for the jugular on this. I do not feel the union is preparing the case like they should, and I am seeking outside counsel on Monday. The punishment does not seem to fit the crime, and I feel like I am being railroaded, and that a huge injustice is being commited against me. Is this something you might be interested in. I am a single mother of 2 children, and feel like this is just a little too over the edge, and the DOE is being unfair."

I called her up and have spoken to her almost every week, sometimes every day, ever since.

On the first day of the actual hearing I was there. Christine told Randi and Jeff Gamils that she would no longer use Shawn Kelly in the 3020-a. This shocked and angered Randi Lowitt. Her team was broken. Lowitt tried to get Christine to start the hearing without her new Attorney, Brian Glass, but Christine kept objecting to this, and finally Lowitt gave in and closed for the day, not so much for due process considerations, but because she was frustrated in not getting her way quickly.
If you read the transcript of the first day of the Hearing, you will see that Jeff Gamils, the DOE Attorney, wanted to bring in three witnesses, even though Christine did not have an Attorney. Christine objected, and Randi told her, "There is nothing to object to" (p. 46). Also, it may shock people to realize that Claude Hersh, head of NYC NYSUT office, picked the Attorneys who would work on the case (and, by picking the Attorneys, he chose the arbitrator). See p. 43, Jeff Gamils talks about the email from Claude. Then, in the transcript of the last day we read that the investigators who interviewed Christine's friend in her car told her that if she did not do what they wanted her to do, she would be put into jail. (p. 1486). This is pretty tough stuff, folks. 


A side show to this side show is that on May 25, 2011, less than 1 month after the closing argument, there was a fire drill at 49-51 Chambers Street. I happened to be there for a hearing at which I was the paralegal. Everyone in the building had to exit the building, and all Arbitrators, Gotcha Squad, OPI personnel, everyone had to stand out side. A teacher who was going through his 3020-a with Attorney Kelly as his Attorney saw this person and I talking (the teacher was standing right behind me in line), and came over and said "Come with me." Kelly took this person a few feet away, turned towards the hundreds of people standing on the sidewalk, and started screaming at his client, "DO NOT SPEAK WITH BETSY COMBIER! ANYONE WHO SPEAKS WITH HER IS FIRED! SHE IS A CRIMINAL!" I decided to turn on the video on my smartphone, and walked calmly over to Kelly. I said to him, "Hey, Shawn, what's up with this? Where did you get this stuff from?" He told me that I was violating the law. I walked away, went back to the line.

Lowitt seemed to like Brian, but Christine had asked me to get media coverage and invited Sue Edelman of the NY POST. Sue had never been to a 3020-a, so she came. Lowitt was truly enraged, and told Sue that she could not sit in. Sue said that she did not have to leave, and this is an open and public hearing. Lowitt adjourned while she called a few people, and finally told everyone that she would "allow" Sue Edelman to stay. Sue is mentioned in Lowitt's second decision, below, that's how angry Lowitt was at that point with Christine, Sue, and probably me, as some sort of ringleader. Go figure.

As I have said in my previous articles, Theresa Europe, the Director of the Gotcha Squad and the ATU (Administrative Trials Unit) has her hand in every case, from a distance. I have seen her and spoken to her briefly whenever I see her at 51 Chambers Street quite often over the past 9 years. I have never attended a hearing where Theresa came and sat all day, many days of a hearing, as in Christine's case. I believe that she was making sure that Lowitt terminated Christine. It worked.

Lowitt's second decision after the remand back to the DOE is here. And now Christine is starting a second appeal. And on and on it goes, until nobody wins anything and everyone loses, all paid for by you, the public.

Are there any adults in the audience?


Betsy Combier

Thursday, April 1, 2010

Mike Bloomberg and Joel Klein, Inc.



I have posted below a story about Tiger Woods and the lies that his handlers and associates have published in the media as an example of the yellow journalism and public relations industry established for the benefit of Mike Bloomberg and Joel Klein. If you talk to politicians and news people in New York City, as I do, you will hear that they all agree on one thing: the New York City Board of Education is corrupt, and no one is focusing on the community, parents, or children. The media has a vested interest in making the public believe otherwise, that Mike Bloomberg and Joel Klein are the "Education Mayor" and the "Chancellor of the New York City public school system and the Children First Network". Sorry, folks, but a trillion stories published with these titles wont make it so.

As you read the article below, replace the name "Tiger Woods" with either "Michael Bloomberg" or "Joel Klein". We must understand that hundreds of people have been paid to ignore the lies of raised scores, improved school grades, "statistics" on student improvement, etc. Just read the following article along with "Kleingate" and you will understand what I'm saying.

I might suggest the following headline:
"Mike Bloomberg/Joel Klein, Inc: the Greatest Political Media Marketing Swindle Ever"

Betsy

Tiger Woods, Inc.: Greatest Sports Marketing Swindle Ever
By Clay Travis, Golf.fanhouse.com, 3/31/10
LINK

In 1998, Ken Starr released his report on the tawdry details of President Bill Clinton's affair with White House intern Monica Lewinsky. I was in Washington, D.C., working on Capitol Hill the day the report was released. After months of breathless coverage and leaks, suddenly all the sordid details were public. Everyone in the congressman's office quit work for the day and spent hours poring over the explicit details. From the cigar to the telephone calls with congressmen during the time he was engaged in sexual acts, to the blue dress and beyond.

Ken Starr's report was so detailed it made everyone wince. Especially anyone who thought about what life might be like for Chelsea Clinton, then in college at Stanford University. Suddenly her father's detailed sex life is available for review by everyone living in her dorm?

It was every teenager's worst nightmare.

Until this winter, Bill Clinton could lay claim to the title of most sexually investigated person in the history of mankind. No longer. Because Wednesday's blockbuster Tiger Woods revelations from Vanity Fair magazine, The Sporting News version of the Starr report, make Bill Clinton look like a sheepish choir boy hiding a Playboy under his mattress.

From sex with menstruating waitresses against his car, to paying for escorts, to following in the celebrity lifestyle of Michael Jordan and Charles Barkley when it came to gambling and women, the Tiger Woods that we were sold and turned into the world's first sports billionaire was nothing like the real Tiger Woods.

Indeed, let's call the marketing of Tiger Woods what it is, the greatest individual con job in the history of sports.

And that's really where things get interesting. Because what we're now learning is that everyone knew about Tiger Woods' affairs, that Woods surrounded himself with a team of enablers, men who covered for his flaws. This wasn't a surprise, it was a conspiracy of silence.

From his agents to the employees of his foundation, to the travel agents to the women who procured other women for him, it was impossible that everyone in Woods' inner circle didn't know what was going on in his life. But here's the deal, we don't make a playboy cheater sports' first billionaire. And we don't make these same employees of a billionaire, multi-millionaires if Tiger Woods' affairs become public knowledge.

So what ensues?

Everyone enables the Tiger that lays the golden egg. Because they have to. In fact, and this is where it gets even more interesting, those close to Tiger actually owe their jobs to the fact he has these foibles, that he needs someone to help cover up his personal indiscretions.

Get him help?

Hell, every time Tiger gets into a deeper mess, these handlers become even more indispensable. They know where the bimbo eruptions are buried. Tiger, Inc. can't make him better with his iron play or help him with reading the greens, but they are in a position where his character flaws directly benefit them. By acting as Tiger's "fixers" in his personal life these men, paradoxically, establish their value with Tiger. Amazingly, they need Tiger to have issues to be relevant, and everyone at Tiger, Inc. becomes complicit in the great sporting swindle.

Who also needs Tiger to be a success? The PGA golfers on the tour. In 1996, when Tiger went pro, just nine golfers made a $1 million or more. By 2009? Try 91 earning a million or more annually.

Meet the green wall of silence, golf's answer to the police officers' blue wall of silence.

MoneyTiger Woods has made less than $100 million -- $93 million to be exact -- from his on-course golf winnings. But he's a billionaire. Where has the rest of his money, the other $900 million, come from?

From selling an artificial image to golf's fans via off the course falsehoods.

Think about this for a moment, Tiger's made 9x as much money off the course as he ever has on it. Golf is almost incidental to Tiger's earnings power. It's why he releases photos of his newborn children posing with Elin and the Labradoodle, it's why his family needs to be standing off the 18th green every time a tournament ends.

While Tiger Woods has clamored for privacy, his money, conversely, depends almost entirely on the lack of privacy. Tiger didn't have to sell this image, he could have eschewed the extra money and focused entirely on golf.

But that wouldn't have made him the first sports billionaire.

Enter the greatest individual swindle in the history of sports marketing.

We, the American public, didn't buy Tiger the golfer. We bought Tiger the family man who dominates in golf.

Everyone at Team Tiger who has seen Tiger's revenue stream knows that he can only directly impact a small percentage of his earnings via his performance on the golf course.

The rest?

The rest has to come from creating the falsest image in the history of sports marketing, a multicultural family man without flaws, Jesus with a putter, to sell to a clueless public. Anything that threatens that image has to be combated because it devalues the brand.

The result?

It's not just that Tiger believes he's entitled to whatever he wants, it's that Tiger's created an entire industry of sycophants who owe their millions to ensuring that Tiger is entitled to whatever he wants because the brand has to be protected.

Tiger wants it?

Just do it.

So the reason Tiger Woods is such a fascinating story isn't because Tiger Woods has character flaws, it's because the public has been sold a flawless Tiger Woods. And never in the history of sports, as we're uncovering, has the reality of a sports star's life been more different than the image we were sold. Sure, lots of people knew of this falsehood, but by the time the gap between reality and artifice became a chasm, everyone had too much money at stake to ever allow the truth to come out.

So they lied.

All of them.

Until, amazingly, one of the most disreputable media outlets in the country, the National Enquirer, killed the Golden Tiger and set loose the death spiral, the slow unraveling of the facade of marketing lies that Tiger, Inc. had spent 15 years creating.

And what we're learning today is that Tiger's collapse isn't the story of one individual's failure, it's the story of an entire industry's conspiracy against the truth.

Enron meet Tiger, Inc

Saturday, April 7, 2012

Pink Slime: Anna Phillips Reflecting On Dennis M. Walcott's First Year as "Chancellor" [Without A Contract]

I'm going to address the ridiculous article printed by SchoolBook's Anna Phillips and the media rush the past couple of days to glorify Dennis M. Walcott - and thus praise Mayor Bloomberg - and libel the teachers who, by fighting well with evidence and truth, were not terminated at 3020-a arbitration, the "teacher trials" . 

Anyone who has gone through the 3020-a arbitration in New York City knows it is a set up. NYSUT, UFT, and Department of Education lawyers as well as employees know that this forum is designed to (a) play up the DOE as an agency which values zero tolerance for any act of touching or speaking deemed by them as "improper", if you are a tenured teacher or staff member making more than $80,000/year; (b) scare all employees who think they can speak up against the System in any way and get away with it, into silence and into a state of "yes, I will lie about my colleague if it will please you" mentality.

The only part of the process that remains valid and stops total destruction of tenure rights is the intervention of a few good arbitrators who adhere to the standard known as "Just Cause" espoused by arbitrators around the country and by the American Arbitration Association.

But the answer is not to resign or settle, the solution is - IF YOU ARE INNOCENT OF THE CHARGE - to fight and bring in witnesses, testify, use a private attorney who will spill the beans on the principal, AP, Superintendent, and their motives in bringing you to 3020-a, etc.
More on this in future posts, and past posts here, here, here, and here. I also think you should read "Kleingate" and see, in my opinion, why Mayor Bloomberg brought Joel Klein to NYC in the first place and what Linda Tripp thought of him when he was hired by Hilary and Bill Clinton to help them get rid of reporter pests after Vincent Foster died.

 First, Mr. Walcott is not "legally" Chancellor. Read Education Law Section 2590-h, which states:

 "Powers and duties of chancellor. The office of chancellor of the city district is hereby continued. Such chancellor shall serve at the pleasure of and be employed by the mayor of the city of New York by contract. The length of such contract shall not exceed by more than two years the term of office of the mayor  authorizing  such  contract." 

....And Walcott has no contract. No one gives him a performance review, and he cannot be fired for any reason except by the Mayor. How is this good or even adequate public policy?

Second, I do not know who Ms. Phillips and the pollsters are talking to, but over the past year I have been talking to parents, teachers, principals, superintendents, lawyers and arbitrators, everyone dislikes Mr. Walcott with a passion, not only in the way he seems to be arrogant as he delivers bad news, but in the fact that he stomps out dissent with a big stick, the Mayor's total control. The public school system in NYC is the largest system in America, gets the most money from the US government, and has no effective voice from it's constituents. Isnt this a form of "taxation without representation"? Wasnt there a revolution fought over this?

I have had only disgust for the politicians who absorbed the pink slime policy fillers which have harmed so many people over the past 10 years. I include the Borough Presidents and their appointees to the Panel For Educational Policy, and the promotion and publicity people for these appointees - anyone who supports their being there. Yes, I include Leonie Haimson, whose personal support for Patrick Sullivan has cost many unsuspecting parents alot of time running over to PEP meetings to beg for their schools to remain open, while Haimson channels the UFT and does nothing to actually help a teacher keep his or her job.

Betsy Combier

At One-Year Mark, Walcott Sees Improvement in Education Debate's Tone

 April 5, 2012, 5:01 p.m.
Reflecting on his first year as chancellor of the city’s schools, one marked by protests over school closings and the public release of teacher rankings, Dennis M. Walcott said that, in some ways, the tone of the citywide education debate has improved under his leadership.
In an interview Wednesday, Mr. Walcott said that he has tried to make himself accessible and visible to principals, teachers, parents and students by opening public meetings to more audience questions and frequently visiting public schools. But in a year when the Occupy Wall Street movement joined forces with critics of the Bloomberg administration’s education policies, public meetings have been just as raucous as in the past.
“I think people view tone solely as the PEP meetings,” he said, referring to the Panel for Educational Policy, which has oversight over some schools issues. “But I think it goes beyond the PEP meetings. And I think the tone has changed. And tone is that, for me, I will respect you.”
At the beginning of this school year, Mr. Walcott laid out his objectives in an interview with The New York Times, citing few policy initiatives and saying he intended to be “the cheerleader of our education system.”
His public calendar has been full of school visits, as has his private one, and he has viewed the constant work of talking to staff and students as his way of improving the public’s perception of the chancellor.


 As for policy, he has adhered to the agenda of closing low-performing schools and opening new small ones that was established by former Chancellor Joel I. Klein.
Since he became chancellor last April, Mr. Walcott has seen his popularity with New Yorkers improve. A recent poll by Quinnipiac University found growing support for him, with 43 percent of voters approving and 31 percent disapproving of his job performance.
Asked if parents have become more involved in their children’s schooling in the last year — Mr. Walcott’s stated No. 1 priority — he said that he has talked to more principals about engaging parents this year, but provided no evidence of this strengthening parents’ connections to schools.
In September, the city plans to open a parent academy, modeled on the parent university created by the Charlotte-Mecklenburg school district in North Carolina, which offers parents workshops on how to help their children academically.
Plans to begin measuring schools on how well they involve parents have not begun yet, he said.
Here is more of the interview, edited for brevity:
Q.
If you were to rate yourself, give yourself a grade for your first year as chancellor, whether it’s an A through F or a 1 to 10, what would you give yourself and why?
A.
And my response, and this is my honest response, is I don’t give myself a grade. I don’t really focus on that. To me it’s the satisfaction of what I see when I go to schools and when I interact with students. You know me, you guys have been trailing me for a while. I just love being in the schools, I love being with the students, hearing what they have to say, meeting them, watching them learn, watching them answer questions, and my quote unquote grade is derived by the type of interaction I have with them and they have with me.
Q.
Recently, you decided not to close seven schools that you had previously marked for closure. What made you change your mind?
A.
Over the several years they were on the P.L.A. (persistently low achieving) list these schools particularly made progress, and I’m on record saying even with Maxwell (W.H. Maxwell Career and Technical Education High School), the A school, that even though there’s progress there we still have to take a look under the hood because we still want more progress. And so staff went out, meaning deputy chancellors went out, or Veronica (Conforme), our chief operating officer, to meet, listen and talk to students in the schools. And teachers and others. And as a result of that, we felt and I felt we should just take them off the list.
Q.
One of the schools that was taken off the closure list a while ago isBoys and Girls High School, which has performed poorly for years. Why did you decide to keep that school open?
A.
I have a lot of faith in Bernard Gassaway (the school’s principal). I think Bernard Gassaway has made tremendous progress in trying to turn around the issues that have been contributing to Boys and Girls being an F-rated school. So I have a lot of stock in Bernard. And Bernard and I meet and I’m giving him that stock to turn it around. We haven’t set a timeline but we’re working closely.
I think Bernard has made some significant changes to the school and so I’m looking for improvement and we’ve talked about a number of challenges the school faces, and how we change the image of the school around to make sure that they are attracting a board cross-section of students as well.
Q.
Looking back at the release of the teacher data reports, at the time you said that it is what the courts told you to do, so you had to do it. But was it a good idea? A bad idea? Was there anything good that came out of it?
A.
Yes, to answer your question, I think a lot of good came out of it. Just a discussion around teacher quality, teacher effectiveness, and the ability of the teacher to do well. What didn’t come out was what are the other variables that contribute to a teacher being a good or a great teacher as well. And I think that got lost in the discussion and that was what I was trying to convey beforehand, is that one shouldn’t view the T.D.R.s as the be-all-to-end-all. It was one sliver of information.
Q.
In September, you said that your first priority was increasing parents’ involvement in their children’s schooling. Have you seen that improve?
A.
I think there are various levels of involvement of a parent and how you define involvement of a parent. And so to me, involvement of parents is at schools. And so we put a lot of emphasis in talking to our principals around the engagement of parents at their schools and providing supports.
I think Jesse has done a lot coming on board, Jesse Mojica, as far as his role in dealing with parent and community engagement. We’re looking at how we define the role of parent coordinators. As you know back in June, we had a session on the Common Core for parent coordinators, C.E.C. (community education council) members, and P.A. (parents association) members. And we had another one in August.
We’ve done a lot of macro things to engage parents around the implementation of common core and also taking a look at having suggested items on what to ask during parent teacher conferences. We provide, I think, a variety of vehicles and forums for parents both at a macro level, a district level, or a school level, to get more involved in their children’s school.
Q.
You also said you were going to measure schools on how well they are able to get parents involved. How far along is that initiative?
A.
We talked about it more. I don’t know if we’ve developed a measurement tool. And it’s funny, I was just going over some of the accountability measures for other metrics that we’re looking at and I’m not sure, I don’t have an answer for you on that.
Q.
SchoolBook: What are some of the other metrics you’re looking at? New metrics you will be incorporating?
A.
When we’re ready…that one is a to-do. I still have two steps to do before I release that. But yeah, we’re looking at new metrics as far as school accountability, school performance, and how we track what they’re doing.
Q.
One of the things you wanted to do was make the public debate over education more civil, less heated. Have you changed the tone in your first year?
A.
I know I’ve changed the way we interact at town hall forums, and so I think in that regard the tone has changed. It’s a more interactive session, definitely more Q. & A., and it’s different than other town halls we’ve done before.
I think tone can be defined as I define it, as accessibility as well. In that I think accessibility to me and the staff, that’s definitely there, so whether it’s staff or parents or community groups, I’m there. They may not be happy with everything, but the accessibility is there. At the panel meetings, it depends on the calendar itself. I mean there have been some panel meetings that actually are very calm. And there are those that are not.
I think people view tone solely as the PEP meetings, but I think it goes beyond the PEP meetings. And I think the tone has changed. And tone is that, for me, I will respect you.
Anna M. Phillips is a member of the SchoolBook staff. Follow her on Twitter @annamphillips.

Friday, February 12, 2010

The NYC BOE Perp Talk

I'm announcing the start of a new series:

Criminals at the New York City Board of Education

I'll put the series on the right of this blog, and use the headline "The NYC BOE Perp Talk" which is obviously a take-off on the police term "Perp Walk". Wikipedia defines perp walk as: an American slang term which refers to the police practice of intentionally parading an arrested suspect (or "perp", short for "perpetrator") through a public place so that the media may observe and record the event. The suspect is typically handcuffed or otherwise restrained, and is often dressed in prison garb.

The NYC Perp Talk will be more damaging, because I will post the person's name and information on this blog and my website where it will be forever preserved in cyberspace.

In this series, I will post any indictment by an 'official' agency - such as the Federal Bureau of Investigation - of an employee of the New York City Board of Education (see below). I do not accept rumors, allegations, or other such hearsay, but I'll take anything that you've got and investigate.

Once proof is given of wrong-doing beyond a shadow of doubt (my shadow of doubt, because I can), the person's name will be posted as well as all of his/her acts that were illegal, unreasonable, or simply wrong. This way, all readers will know where to find the miscreants.

So, start the drums!


My first inductee into this Hall of Shame is, of course, Joel Klein. While he has not been found guilty of fraud, bribery, extortion, and the like....yet, we do believe that the day may come when he makes a perp walk out of the doors of Tweed with his coat hiding his face and his hands in handcuffs. So, all we will add to his entry into this illustrous crowd is the article I have named "Kleingate".

Another inductee is MILTON SMITH, recently indicted for extortion, conspiracy to commit extortion, conspiracy to commit bribery, and bribery. Now you know why the bus routes were changed on January 29, 2007, the coldest day of the year.

Department of Justice Press Release
LINK

For Immediate Release
February 11, 2010 United States Attorney's Office
Southern District of New York
Contact: (212) 637-2600

Former NYC Department of Education Inspector Sentenced in Manhattan Federal Court to 15 Months in Prison for Extortion and Bribery

PREET BHARARA, the United States Attorney for the Southern District of New York, announced that former New York City Department of Education ("DOE") inspector MILTON SMITH was sentenced today to 15 months in prison. SMITH was found guilty following a one-week jury trial before United States District Judge BARBARA S. JONES on February 27, 2009, of conspiracy to commit extortion, conspiracy to commit bribery, and bribery.

According to the Indictment and the evidence at trial:

SMITH worked as an inspector in the DOE Office of Pupil Transportation ("OPT"). OPT sets the specifications for bus routes; oversees the process by which private bus companies bid for and obtain certain bus routes; processes requests from bus companies to have certain routes classified as "extended" (and hence subject to larger contract payments) because they begin earlier or run later than standard DOE bus times, including midday and field trip routes; and conducts safety and mechanical inspections of school buses. SMITH was specifically assigned to the OPT division responsible for providing bus and other transportation services to special education students.

From approximately 2000 to 2004, SMITH solicited and accepted tens of thousands of dollars in cash payments from various private bus company owners who held transportation contracts with DOE. In exchange, SMITH funneled field trip bus routes -- worth hundreds of thousands of dollars -- to certain bus companies. At times, SMITH fabricated certain bus routes that were neither needed by DOE nor performed by the bus companies, and assigned those trips to the bus companies who paid him. SMITH also took payments in exchange for overlooking certain safety and mechanical violations in connection with routine DOE bus inspections.

SMITH, 56, of Tobyhanna, Pennsylvania, was found guilty of all charges against him: one count of conspiring to use his official position at DOE to extort bus company owners; one count of using his official position at DOE to extort bus company owners; one count of conspiring to receive bribes to influence his actions as an employee of an agency, the DOE, that received federal program funding; and one count of receiving bribes to influence his actions as an employee of the DOE that receives federal program funding.

In addition to the prison term, Judge JONES sentenced SMITH to three years of supervised release and ordered him to pay restitution in the amount of $21,500.

SMITH is the seventh and final defendant who is a current or former DOE supervisor or inspector to plead or be found guilty in this case. On February 17, 2009, GEORGE ORTIZ, 64, of Bronx, New York, pleaded guilty to extortion and bribery charges and was sentenced to 30 months in prison. On February 6, 2009, NEIL CREMIN, 61, of Queens, New York, and IRA SOKOL, 70, of Brooklyn, New York, pleaded guilty to bribery charges. CREMIN was sentenced to four months in prison and SOKOL was sentenced to three years probation. On April 8, 2008, JEFFREY DUNAT, 53, of Staten Island, New York, pleaded guilty to extortion and bribery charges. On April 23, 2008, DORON WINKLER, 58, of Pomona, New York, pleaded guilty to extortion and bribery charges. On April 25, 2008, GEOFFREY BERGER, 58, of the Bronx, New York, pleaded guilty to extortion and bribery charges. DUNAT, WINKLER, and BERGER have not yet been sentenced.

Mr. BHARARA praised the work of the Federal Bureau of Investigation, the U.S. Department of Labor's Office of Inspector General and Office of Labor-Management Standards, the New York City Police Department, and the Special Commissioner of Investigation for the New York City School District.

This case is being prosecuted by the Office's Organized Crime Unit. Assistant United States Attorneys ELIE HONIG and KENNETH POLITE are in charge of the prosecution.

On second thought, I'll induct Mr. Smith's accomplices, George Ortiz, Neil Cremin, Ira Sokol, and the Maddalone Brothers:

GEORGE ORTIZ and fellow supervisors NEIL CREMIN and IRA SOKOL

Former Board Members-Trustees of NYC Transit Union Plead Guilty
Submitted by Carl Horowitz on Fri, 11/13/2009 - 18:00

When they weren't serving in their capacity as union officials, Nicholas and Paul Maddalone shook down bus company owners. Now they're set to join several partners in prison. The Maddalone brothers, formerly board members and assistant trustees of Amalgamated Transit Union Local 1181 in Queens, N.Y., on September 10 pleaded guilty in U.S. District Court for the Southern District of New York on various extortion and bribery charges. They allegedly had obtained tens of thousands of dollars in coerced payoffs related to a federally-subsidized program for special education students in the New York City public school system.

NYC School Bus Inspectors Sentenced, Union Officials Indicted in Bribery Scam
Submitted by Carl Horowitz on Tue, 07/14/2009 - 16:30

Even with the Genovese crime family less overtly in the driver's seat, Local 1181 of the Amalgamated Transit Union hasn't been entirely clean. But the union's legacy of corruption recently received a major blow in Manhattan federal court with a round of criminal actions. On May 26, Neil Cremin, a former New York City Department of Education (DOE) school bus inspector, was sentenced in U.S. District Court for the Southern District of New York to four months of incarceration to be followed by four months of home confinement and ordered to make $30,000 in restitution to the DOE. Some two weeks later on June 8, George Ortiz, a former DOE school bus inspector, was sentenced to two and a half years in prison to be followed by two years of supervised release and ordered to make restitution of $5,000. Each had been accused of extorting and/or accepting bribes. Between these actions, brothers Nicholas and Paul Maddalone, former board members and assistant trustees of the Queens, N.Y.-based Local 1181, which represents about 15,000 New York City school bus drivers, mechanics and escorts, were indicted on June 1 for extortion, unlawful payments and conspiracy to commit bribery.

New York City School Bus Inspectors Plead Guilty
Submitted by Carl Horowitz on Thu, 04/09/2009 - 23:47

Local 1181 of the Amalgamated Transit Union (ATU) in Queens, N.Y. for years had been in the pockets of the Genovese crime family until the union's leaders were brought down by federal racketeering charges a few years ago. And even after the parent union placed the local under trusteeship, there was some additional cleaning up to do. Last spring, four New York City school bus inspectors and supervisors were indicted for various acts of extortion, bribery and bribe-taking going back to the mid Nineties. Neil Cremin, Ira Sokol, George Ortiz and Milton Smith at the time pleaded not guilty. But the evidence against them was too strong. On February 6, Cremin and Sokol pleaded guilty in U.S. District Court for the Southern District of New York to receiving bribes; Ortiz and Smith pleaded guilty in the same court to extortion and receiving bribes.

NYC School Bus Inspectors Charged with Extortion, Bribe-Taking
Submitted by Carl Horowitz on Sun, 06/15/2008 - 23:00

Local 1181 of the Amalgamated Transit Union in Queens, N.Y. long had operated as a subsidiary of the Genovese crime family before its leaders were taken down on racketeering charges by federal prosecutors a couple of years ago. Local President Salvatore Battaglia, Secretary-Treasurer Julius Bernstein, and benefits manager Ann Chiarovano either had been convicted by a jury or entered a guilty plea. One-time acting Genovese boss Matty “the Horse” Ianniello also went down. Late in 2006 ATU International President Warren George (pictured at right) placed the local under temporary trusteeship.

Yet there was some unfinished business. On May 13, four New York City school bus inspectors and supervisors – Neil Cremin, George Ortiz (retired), Milton Smith, and Ira Sokol – were arraigned in Manhattan federal court following the unsealing of indictments against them for acts of extortion, bribery and bribe-taking going back to the mid Nineties and totaling at least $1 million.

Also inducted, thanks to the crack team at South Bronx School blog:

Mychael Willon

Thanks, SB!