and proving that Principals can, and do, use 3020-a labor arbitration as a tool to remove teachers from their school who speak up, are too expensive, or otherwise a pain in the a__.
Retired teacher Norm Scott and the wonderful, dedicated New York teachers and parents and friends of Central Park East 1 (CPE1) have done it! Through their amazing reporting and participation on exposing the unlawful charges filed against Marilyn Martinez , a teacher at Central Park East 1, there was an exceptional outcry against the NYC Department of Education and the United Federation of Teachers for allowing this to happen. Everyone should
rush to his blog and review his posts on exactly what happened.
It takes a community, sometimes, to win a case.
Norm has not worked on 3020-a and does not have any first hand information about how it works or about any of the arbitrators, however he never mentions me, my blog, or blog posts on his blog Ed Notes Online, or posts any of my information on 3020-a.
I don't have all the first hand information about NYC schools and the Department that Norm has, so we are not competitors in any way.
Luckily, I dont need Norm's stamp of approval for my work, as my experience and expertise is 3020-a, and I do not have the same animosity towards him. So, I commend him for his work on this case! Norm and all the supporters of Marilyn Martinez, who showed up at 100 Gold Street despite the fact that Marilyn did not have an open and public hearing, showed arbitrator Burrell that the charges were based on nothing but
Principal Garg's unconscionable vindictiveness and retaliation.
I also praise
Arbitrator Dean Burrell for his excellent decision.
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Arbitrator Dean Burrell |
He is new to the permanent panel in NYC, and is one of the best arbitrators currently there.
Betsy Combier
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials
DOE/Legal Rushes to 3020a Kangaroo Court for Central Park East 1 Chapter Leader Starting Today: Parents to Rally OutsideEd Notes Online
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Supporters of Marilyn Martinez in the waiting room at 100 Gold Street, 3020-a arbitration hearing office |
SATURDAY, MAY 13, 2017
You might be asking why the constant reporting on CPE1?
Because the story contains the essence of so much that is going on in the NYC
DOE and the UFT.
Abuse by principals and superintendents and Farina at the
top in targeting schools and senior teachers.
They follow a blueprint that the UFT doesn't share
with its members.
Teachers and parents at first accept the principal who lies
and manipulates -- it takes them months since they had never seen anything like
that before.
UFT ignores situation for over a year with teachers charging
the Dist Rep with showing favoritism toward the principal and the Supt over
them.
In desperation, teachers contact MORE despite being warned
by UFT that MORE is only interested in using them. Or any other lies they can
make up.
UFT says it is working behind the scenes but will not call
publicly for Garg's removal nor use its PR machinery to promote the story.
Here is where we diverge from the typical story.
Parents take charge -- not a small group -- like the Garg
supporters -- but a massive outpouring. We suggest they go to the PEP meetings
when we met with them in Feb. 2016. They weren't even clear what PEP meetings
were but they learned fast and have attended every one since March 2016. They
even begin going to the Delegate Assembly to pass out leaflets.
MORE/NA elect 7 HS Ex Bd reps who begin bringing them to Ex Bd meetings soon
after Marilyn - the CL - removed in February-- the impact hits union leaders
right in the face.
We expect the hearing officer to split the baby and fine
Marilyn, thus preventing her return to the school. But she wins outright.
The return of Marilyn Martinez to the classroom this Monday
and the appointment by Farina of a Superintendent who may not have the same
buddy buddy relationship that existed between the current Dist 4 Supt Alexandra
Estrella and Monika Garg.
Later today the parents are throwing a party for Marilyn at
a restaurant in East Harlem to celebrate but the struggle against Garg will
continue because she had broken trust with everyone.
Fact is both Estrella and Garg have committed acts of a vendetta that should
get them both fired. But we know supervisors will never go away -- like
Townsend Harris' Rosemary Jahoda is sitting somewhere waiting for a new
assignment -- and there are rumors she was offered some principalships which is
like putting Willie Sutton in charge of running a bank.
Mulgrew - you can say we all put enough pressure on him -- did play a role
behind the scenes in demanding Marilyn Martinez be returned to the classroom --
but that is her legal right - and any teacher winning a 3020a should be returned
-- it shouldn't take a massive parent protest, sit-ins and boycotts.
That the issue was about Marilyn supposedly giving a parent advice on getting
into the school was the cause of the youngest children losing their teacher for
2 months and 3020a firing charge- with Garg luring in a parent and taping her -
while telling parents she had no role in the removal of Marilyn - should cause
her instant dismissal and charges filed against her. She did the same with the
other teacher who has been out of there for 15 months - using a more serious
charge of corporal punishment -- also made up - the parent of the child
testified for the teacher. I think the teachers have grounds for a personal law
suit against Garg and Estrella and possibly Farina.
This is where the UFT is failing -- failing to call public attention to these
outrages.
The NY Times' Kate Taylor has another poorly reported and biased story today:
https://www.nytimes.com/2017/05/12/nyregion/after-protests-harlem-elementary-school-principal-gets-new-supervisor.html?smprod=nytcore-iphone&smid=nytcore-iphone-share
Examine these 2 paragraphs:
For more than a year, a group of parents [massive
group of parents representing the majority] at the school has been
demanding
the removal of the principal, Monika Garg, who started in 2015. The
parents seeking her removal have accused her of watering down the school’s
progressive approach and instigating investigations that led to the temporary
removal of two teachers. [Does she know that these removals are often
not temporary?]
Another group of parents, and some of the school’s teachers, [a
giant wtf - a small group of parents and a few teachers] support Ms. Garg,
saying that she has tried to bring order to a school that long flouted
department rules.They say that there were inequities in admissions and that
some students were underperforming.
Note how Taylor gives the pro-Garg talking points but not
the major talking points against Garg -- like a mile long.
Now let's look at this:
The department had sought to remove Ms. Martinez, citing
accusations that she had attempted to assist a parent in violating the schools
admissions policies, according to a person familiar with the charges.
But an arbitrator found the accusations unsubstantiated and dismissed the
charges.
Does Taylor know about the impact of 3020a charges to
dismiss instead of putting a letter in her file? Does she even question the
idea of the cost to the DOE for trying to get Marilyn fired for
"attempt[ing} to assist a parent in violating the schools admissions
policies"? Another giant WTF.
The case against the other teacher, Catlin Preston, is still
pending. The department is seeking to remove him on charges that he meted out
corporal punishment.
Now this -- essentially slandering Catlin by mentioning
corporal punishment - but not reporting that the parent was lied to and in fact
testified for Catlin. The parent has made public statements and I believe has
told Taylor the story. This is not only bad reporting but dishonest, biased
reporting.
What about the UFT role?
And then there's the role the district rep, Servia Silva played favoring Garg
and Estrella, something we witnessed in person when she gave the pro-Garg crew
that showed up at the Ex Bd meeting an effusive greeting while she ignored the
vet teachers who have been fighting Garg. We saw no sign of Silva meeting after
meeting when parents en masse showed up. I never saw Silva at one of the
hearings for Marilyn.
Let's be clear -- all tenured teachers were under investigation by Garg
starting in the fall of 2015 -- no red flag at the UFT? They came to MORE in
frustration in Feb/March 2016 but after that they took control on their own
--some of us came out to support them when we could. They came back to MORE for
help in March 2017 after Marilyn was facing 3020a hearings- and we suggested
they come to the Ex Bd. But before that there was no reaction at the UFT --- I
know - they will claim behind the scenes -- but in fact with these flimsy
charges against a CL who fought the principal, the UFT should have raised the
riot act when she was removed and charged -- there are many teachers under
investigation who remain teaching as long as children aren't involved.
Why did it take the UFT over a year to take note of this situation? Why does so
much of the UFT hierarchy seem to be in bed with administrators?
The lesson is that we must shine the light on the cockroaches to flush out the
UFT leadership into taking some action, even if weak.