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
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