The NYC DOE Re-Assignment Policy Issued in 2010

I was given the "new" re-assignment policy before the rubber rooms were 'closed' in July, 2010.

This is, once again, doublespeak, just like the DOE press releases.

No one at the Department of Education reads these documents, nor do they abide by the UFT/DOE Memorandums dated April 15, 2010, or June 27, 2008. Yet the DOE Gotcha Squad still hands these MOA out to unsuspecting arbitrators at 3020-a hearings as if they were in some way important to the proceedings.

"NEW REASSIGNMENT POLICY FOR 2010-2011

This document provides a summary of the policy on reassigning staff and the procedures for both removing and returning staff to their normal assignment consistent with the agreement reached between DOE and UFT  in April 2010. The new reassignment processing will be managed by the Division of Human Resources, Office of Employee Relations Reassignment Staffing Team.

If you have any questions you may contact your Children's First Network Human Resources Director, Senior Legal Counsel, or the Employee Relations Reassignment Staffing Team.

Contact for the Employee Relations Reassignment Staffing Team:

OPI ReassignedStaff@schools.nyc.gov

49-51 Chambers Street, room 1202 Manhattan; 212 374-0308

POLICY SUMMARY

·   An evaluation of whether to reassign an employee from their ordinary duties and responsibilities will be undertaken for the following reasons:

·    An arrest for certain offenses based on the nature and the seriousness of the offense, as directed by Division of Human Resources (Office of Personnel Investigations);

·    A decision by the Office of the General Counsel (Administrative Trial Unit  and Teacher Performance Unit) to proceed with charges under the Education Law 3020A;

·    An allegation of serious misconduct being investigated by Special Commissioner of Investigations;

·    An allegation of corporal punishment, other serious harm to students, or tampering with an investigation resulting in an investigation by the Office of General Counsel (Office of Special Investigations or Office of Equal Opportunity).

·   Reassignments out of the school will be carefully scrutinized in an attempt to reduce the number of staff reassigned out of the school.

·    In the event that reassignment away from normal duties is required, the Director of Employee Relations Division of Human Resources or his designee in consultation with the Office of the General Counsel will determine which of the following options for reassignment is appropriate:

·   Remain in school-based position but not in a classroom or performing services directly with students (for pedagogues-Circular 6 duties);

·   Reassigned to a Central or Administrative office performing administrative-clerical duties; or

       •  Reassigned to their home in accordance with DOE/UFT agreement. .

PROCEDURES

REASSIGNMENT

Reassignment procedures are consistent within all of the scenarios outlined below.

Reassigned Within the School

·   If employee is to be reassigned within the school, the school will be provided with a letter from the Reassignment Staffing Team for employee advising the employee that he/she will be reassigned to administrative duties in the school

·   Employee reports to 49-51 Chambers Street, Room 1202 and meets with Reassignment Staffing Team for evaluation. [For Arrests Only - all other reasons for reassignment, the employee will remain at the school]

Reassigned to Central Administration

·  If the employee is to be reassigned to Central Admin., then the school is provided with a letter from the Reassignment Staffing Team for employee advising that s/he is to report to 49-51 Chambers Street, Room 1202

·  Employee reports to 49-51 Chambers Street, Room 1202 and meets with Reassignment Staffing Team for evaluation.

·  If it is determined that the employee will be sent to Central Admin. Reassignment, then employee is provided with letter directing him/her to particular Central Admin. Office. Reassignment Staffing Team will contact Central Admin. Office Contact and advise that office to expect a reassigned employee

If Employee is a Candidate to be Sent Home

·  If employee is a candidate to be sent home based on nature of the allegation, the Reassignment Staffing Team escalates case to Director of ER, or designee and contact is made with Legal Office

·  If employee is to be reassigned to home, then the school is provided with a letter from the Reassignment Staffing Team for employee advising that s/he is to report to 49-51 Chambers Street, Room 1202

·  Employee reports to 49-51 Chambers Street, Room 1202 and meets with Reassignment Staffing Team for evaluation.

·   If it is determined that employee will be sent home, then the employee is provided with a letter from Reassignment Staffing Team with instructions about home reassignment

ARRESTS

1. Arrest Notification received by OPI from either DCJS or from employee as required by Chancellor's Regulations C105

2. OPI determines whether the employee is to be reassigned and generates a notification to the school principal (copy to CFN, Sr. Legal Counsel, and Reassignment Team). Unless it is determined that the employee should remain in the classroom, the Reassigned Staffing Team will -provide the Principal with a letter advising that s/he will report to 49-51 Chambers Street, Room 1202

3.  Arrest information sent to Chancellor

4.  Employee is advised of C 105 obligations by Reassignment Staffing Team and depending on nature of the arrest may be advised to immediately obtain a copy of Criminal Court Complaint or police report

5.  The employee will be reassigned within the school reassigned to central administration or sent home. (Please see Reassignment Procedure above)

 6.  Reassignment Staffing Team will enter the employee's reassigned status in Galaxy/NYCAPS showing new location code. The principal will be advised by email of employee reassignment with cc to CFN

7.  Upon receipt of final criminal court disposition OPI will either issue a clearance notice to a school (cc CFN) or consult with appropriate CFN, Legal Counsel and HR about further actions

8.   Reassignment Staffing Team will update Galaxy/NYCAPS and issue letter to employee directing the employee to return to school or original assignment

3020 A PROCEEDINGS

1.  Legal (ATUITPU) will advise the school that 3020A charges will be brought against employee. At the same time, Legal will advise the Reassignment Staffing Team of the need to reassign an employee.

2.   Legal to make decision/recommendation as to which form of reassignment is appropriate, and notify school and Reassignment Staffing Team

3. Chancellor will be advised

4.   Employee will be reassigned within the school, reassigned to central administration, or sent home. (Please see Reassignment Procedure above)

5.   Reassignment Staffing Team will enter employee's reassigned status in Galaxy/NYCAPS showing new location code. The principal will be advised by email of employee reassignment with cc to CFN

6.    Upon conclusion of the 3020A proceedings, Legal office will advise school, CFN and Reassignment Staffing Team whether the employee will be terminated or return to the assignment

7.   If employee is to be returned to school, then Reassignment Staffing Team will update Galaxy/NYCAPS and issue letter to employee directing the employee to return to school or original assignment

OSI, OEO or SCHOOL-BASED INVESTIGATIONS

1.       Principal will log corporal punishment and other appropriate allegations into OORS System. OSI or OEO, where appropriate will make initial determination or recommendation as to whether the employee should be reassigned and which type of reassignment is appropriate.

2.       Principal will contact CFN HR and Legal and request that an employee be reassigned for extraordinary reasons. Chancellor or his/her designee will be reviewing these requests to determine whether reassignment is appropriate

a.  If CFN HR and Legal agree that reassignment within the school is appropriate, CFN HR or Legal will advise Reassignment Staffing Team so that the reassignment can be logged and tracked.

b.  A request for reassignment from the school during the pendency of a Principal based investigation will be reviewed by the Chief Deputy General Counsel and Director of Employee Relations who will forward this request to the Chancellor or his/her      designee  for a final determination.

3.  OSI or OEO will advise school Principal as to whether reassignment is being recommended /directed-copy to CFN, Reassignment Staffing Team

4.  Employee will be reassigned within the school, reassigned to central administration, or sent home. (Please see Reassignment Procedure above)

5.  Reassignment Staffing Team will enter the employee's reassigned status in Galaxy/NYCAPS showing a new location code. Principal will be advised by email of employee reassignment with cc to CFN

6.  At the completion of an OSI or OEO investigation, OSI or OEO will advise the School, CFN and Reassignment Staffing Team of the outcome as it relates to the employee's continued reassignment

7. If employee is to be terminated or any other disciplinary action needs to be taken, then CFN, HR, and Legal (ATU or Sr Legal Counsel) will follow normal termination or discipline proceedings and advise Reassignment Staffing Team as to when the action is complete and to close the case.

8.  If an employee is to be returned to school, then OSI or OEO will advise Reassignment Staffing Team. Reassignment Staffing Team will update Galaxy/NYCAPS and issue letter to employee directing the employee to return to school! or original assignment

SCI INVESTIGATIONS

1. If SCI advises Legal concerning an investigation that requires reassignment of an employee, the Chief Deputy General Counsel will contact the Director of Employee Relations to initiate the reassignment process. Unless additional information is required from the Principal or school, a determination will be made by the offices above as to where the employee will be reassigned. (School, Central or home)

2. Chancellor or his/her designee will be advised

3.  Employee will be reassigned within the school, reassigned to central administration, or sent home. (Please see Reassignment Procedure above)

4.  Reassignment Staffing Team will enter the employee's reassigned status in Galaxy/NYCAPS showing a new location code. The principal will be advised by email of employee reassignment with cc to CFN

5.  Upon the final conclusion of SCI investigation, Legal will advise school, CFN and Reassignment Staffing Team as to whether what, if any disciplinary action will be taken or if the employee is to return to school

6.  If an employee is to be returned to school, then Reassignment Staffing Team will update Galaxy y NYCAPS and issue letter to employees directing the employee to return to school! or original assignment

7.   If an employee is to be terminated or any other disciplinary action CFN, HR, and Legal will follow normal termination/discipline proceedings and advise Reassignment Staffing Team when to remove from the Reassignment location. "

 And where does the re-assignment start? At 49-51 Chambers Street, Room 1202, where Michelle Nacht and Dr. Cartagena-Yankow ("CY") sit. CY is at the desk where you sign in, and where you wait for your re-assignment location. On the 6th floor of the same building is where the 3020-a hearings take place.

Dr. Cartagena-Yankow was well-known to the rubber roomers assigned to Washington Heights. She was the principal of the rubber room trailers surrounded by barbed wire....oops, I mean gates. "Mr. Bourneman" refers to Klaus Borneman, now UFT Rep. for all medical issues. "Mr. Isaac" refers to Ron Isaac, who was hired by Randi Weingarten to write about the UFT; he is a UNITY member who, when I worked at the UFT, told me to do everything I was told to do and keep off the UFT radar so they wouldn't get me, and he sits in his office every day doing absolutely nothing. He despises Leroy Barr and Ellie Engler, he told me, when he called me 4 nights out of 7 to talk about how the UFT never helps members.

Here are two letters to Mike Mulgrew about CY posted here for the first time:

NEW YORK CITY DEPARTMENT OF EDUCATION
TEACHERS OF THE TEACHER REASSIGNMENT CENTER
                    549 AUDUBON AVENUE

                NEW YORK, NEW YORK 10040


United Federation of Teachers Members
c/o Joan Seedorff, UFT Liaison
Teacher Reassignment Center
549 Audubon Avenue
New York, New York 10040

April 26, 2010

Michael Mulgrew, President
United Federation of Teachers
52 Broadway

New York, NY 10004

Dear Mr. Mulgrew:

This is to inform you of a new policy that Dr. Cartagena- Yankow and the Rev. Dr. Wells,
the supervisors of the Teacher Reassignment Center ("TRC") at 549 Audubon Avenue, have instituted today 1 Monday ~ April 26, 2010, that significantly changes the conditions in which we are held at this TRC.

Previously, Mr. Wells told us he was looking to terminate teachers for theft of services. With these new unilaterally imposed policies that violate the Collective Bargaining Agreement ("CBA"), Mr. Wells has put his plan into action. It also violates the Public Employees' Fair Employment Act, Sec. 209-a, I (d), and as decided in Fusco v. Port Jefferson Elementary Dist. 33 PERB P 3047 (School District could not unilaterally alter conditions of
employment).

Mr. Wells now requires us to sit in our trailers or face unwarranted consequences. Except
for our lunch break, if we leave the grounds at any time, including the short period of time required to move our cars during alternate side of the street parking, to get a cup of coffee, or to make a telephone call from an adjacent area where cell phone service might be
available we are being docked that time against o~ lunch period. There is no consideration
of our preparation periods that are required by our CBA.

In light of the fact that we are not assigned any duties, this new and  unilaterally imposed policy not only violates our CBA, but it is also clearly an effort to intimidate us and to create unwarranted grounds to dismiss UFT members for theft of services and insubordination.

The security guards are being directed to take a headcount at least twice a day and
sometimes more. Today a security guard went to each trailer twice, once at 11 A.M. and again at 2 P.M. and took a headcount. They then compared the numbers with the names in the sign-out book to try and ascertain who is present.

One of the security guards told us that when she is counting, she is supposed to ask who is in the bathroom. In the time that the guard would have to take to do rounds through the trailers, many people would be attending classes, using the cafeteria, visiting other trailers, moving their cars, etc., and undoubtedly go uncounted. The accuracy of these counts is questionable at best.

Taking a headcount is something one does when working with very small children and in prisons, to keep track-of one's charges. We are all adult professionals and not in need of
being "supervised". Many of us have had jobs with far greater responsibility than these two Rubber Room supervisors have.

In fact, these two individuals are engaging in a campaign of intimidation and harassment.
We can only believe that they have been instructed by the D.O.E. to try and trap people on time and attendance issues so that charges of theft of service may be brought, resulting in terminations, thereby reducing the numbers in the Rubber Rooms by the fall.

We ask that the UFT intervene and take immediate steps to stop this policy now. We have been raising numerous issues affecting our working conditions with Klaus Bornemann and Ron Isaacs since September 2009 and almost nothing has been done in response.

                                             ####

Reassigned Staff Members
clo Joan Seedorff, UFT Liaison
549 Audubon Avenue

New York, New York 10040
May 7,2010

Michael Mulgrew, President
United Federation of Teachers
52 Broadway

New York, New York 10004

Dear Mr. Mulgrew,

We are writing to you to express our profound concern about the behavior of Dr. Cartagena-Yankow (Dr. C-Y), the supervisor of the Temporary Reassignment Center at 549 Audubon Avenue in Manhattan, and the enmity she has created at the site. On numerous occasions, she has gotten into conflicts with staff members and either threatened to or actually called the police. In our view, these incidents were completely avoidable. We are asking you to intervene on our behalf before tensions get any higher. We have listed below a number of issues that we believe should be addressed to lower the stress level.

1. Since September 2009, she has called the police at least six times over incidents that she initiated.
It is her first line of defense when she feels threatened. A number of us overheard her lying to the police about colleagues and saying things we know to be completely untrue, such as, "he was stalking me". In this case, she wanted the member to leave the premises because his day had ended and she did not want him staying because he was friendly with a security guard whom she disliked. She
reported to the police during the same incident, that another member "was following her".

In another incident, Dr. C-Y had the assistant UFT liaison transferred to another rubber room. She had accused the member of leaving the site without having signed out and had no evidence that she had in fact left. The assistant liaison decided to keep track of when members were asked to sign out and were transferred in retaliation for having the temerity to look for inconsistencies in the sign out policy. Also, most of the conflicts she has had have been with people of color, including three security guards and the three members mentioned above.

She called the police when she wanted a colleague to leave her office as the colleague was trying to give her a message. For those of us who witnessed this exchange, there was nothing in the content
of what was being said, the tone of the colleague's voice, or body language that suggested any threat whatsoever. The incident was certainly not worthy of calling 911.

If a person receives a fax that says they are being reassigned to a school, she gives that person fifteen minutes to vacate the premises and stands in the person's trailer with a security guard to escort the member off the site.

2. She often states that she is frightened of the staff members and uses the security staff as her personal bodyguards. She has a guard assigned at all times to the trailer she uses as an office. She also uses security to spy on staff members, reporting on their whereabouts and comings and goings. She had two guards transferred because she perceived them to be "too close to teachers". She falsely accused one guard of gambling as a reason to have him transferred.

We were informed by security and our UFT liaison that she was investigating the possibility of instituting body scanning machines because she expressed the fear that members might enter the premises with concealed bombs.

3. On a couple of occasions, she has breached members' confidentiality by calling a doctor's office
to verify that a staff member had been at an appointment and to ask the reason for the member's visit. She believed the note that the member had presented to her was a forgery. She has also called a doctor regarding the medication that a member is taking, questioning whether the dosage was correct and suggesting it might need to be adjusted.

4. She has the security guards sort and distributes paychecks and stubs to staff, again breaching confidentiality, since these documents have private information on them, such as social security numbers

5. On Mar. 24, 2010, she became enraged because of a note posted on a trailer door that welcomed people to the site and to the trailer. It also said that the trailer was full and suggested that a couple of new trailers be opened because of overcrowding. Walking from trailer to trailer, she demanded to know who wrote the note. She then began to insinuate that a certain member had written the note. When the member stated that she had not written the note and insisted that Dr. C- Y must stop spreading such disinformation, she demanded that the member leave her office and

threatened to call the police if she did not. She also stated that we had no business asking the DOE
to open new trailers and that it was not even her place to make such a request. She told a couple of people who sit in the trailer where the note was placed, that this trailer was no longer her favorite
and that she had scanned the note (she called the scanner a wonderful thing) and faxed it to the head of security (presumably of the DOE) and about a half dozen other people including her supervisors. It's unclear why she was sending faxes of the note to these individuals and why they would care or bother responding to it. She made a point of ripping up the note in the presence of one of the trailer's residents. She states she is "cracking down" on the transgressive trailers by having security monitor the movements of members from those trailers.

6. During the winter months, the heat either didn't work or worked sporadically in some trailers while other trailers had temperatures in the 90's. When we would inform Dr. C-Y, we were told that we could, a) put on a sweater or coat or, b) move to a trailer that did have heat. She refused to open empty trailers where the heat might have been working. When her trailer lost its heat, she insisted
that an exercise class in the adjacent trailer close the windows and keep the common door between them open and threatened to disband the class if they did not comply. Needless to say, the heat in her trailer was up and working very quickly. Now that the weather is warm, there is a copious amount of heat pumping into the 'cool'  trailers.

7. Although New York State Law states that we are not required to punch a time card, we are in fact required to punch a time card. Dr. C-Y has punched members' time cards if she feels they have taken too long to move their car or have overextended their lunch, or are not in their assigned trailers. She has also written notes on time cards and routinely inspects them, despite the fact that these are legal documents with which she has no right to alter by punching or otherwise defacing.

When we clock out in the afternoon, either she or a guard stands by the time clock and watches as each person punches out. She has the members line up outside in inclement weather until she decides to unlock the door and let people punch out.

8. She has told members who were near the playground on the site conversing with each other or talking on their cell phones, that they must move to where they can be seen so that they can be "supervised". Her idea of supervision is that of a prison warden or a factory overseer.

9. Even though the UFT contract specifies that there is no dress code, Dr. C- Y has posted a notice reminding members that professional attire is required at all times. She announced to members that she had been directed by "legal counsel" to post the note. In one trailer, when pressed as to which legal counsel, she stated that it was "your resource people" who said so. When pressed as to which "resource people" she stated "Human Resource people". When pressed further as to which Human
Resource person, she said she had raised the issue of professional attire with Debra Kelly, the head of Human Resources in the Bronx, and that it was she who had directed that the notice be posted. Most of us doubt that this is the case.

1 O. She has declared the bathroom in her trailer, to be private, and has posted a sign to this effect.

Several complaints have been made to Mr. Bornemann and Mr. Isaac with no results since September. They have assured us that they have communicated our concerns to "the highest levels
of the union". Dr. C-Y's behavior is degrading and unwarranted. We understand that the UFT is
planning to file a grievance over some of these issues and we would encourage you to expand it to include these particular incidents. We also ask that you inform us when this grievance will be filed and keep us apprised of its progress. We would again plead that you intervene to prevent the escalation of tensions that might possibly lead to a dangerous situation.

Sincerely,