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Showing posts with label DOI. Show all posts
Showing posts with label DOI. Show all posts

Saturday, November 17, 2018

NYC Mayor de Blasio Fires Department of Investigation Commissioner Mark Peters, And All Hell Breaks Loose

Mark Peters and Bill de Blasio
photo: Natan Dvir; Brigitte Stelzer
The firing of Department of Investigations Commissioner sure looks like the exact same scenario as when Governor Andrew Cuomo disbanded the Moreland Commission, set up to look at corruption. The Governor stopped The Moreland Commission and disbanded the group after they subpoenaed Cuomo's personnel and records.
Wikipedia posts what happened next:

After the commission was disbanded, the governor and the commission were criticized by government watchdogs, New York prosecutors and the United States Attorney for the Southern District of New York, Preet Bharara. Bharara opened an investigation into the commission, the possible interference by the governor's office, and into the targets of the commission's own incomplete investigations. He also instructed legislators and the governor's office to retain any documents related to the commission.[6][9] In 2015, investigations by Bharara's office resulted in the arrest and conviction of Assembly speaker Silver and Senate majority leader Skelos. Then in January 2016 the U.S. Attorney announced the end of his investigation into the closing of the commission.[10]
In March 2017, President Donald Trump fired Bharara in the midst of an investigation concerning Trump appointees. Bharara later tweeted: "By the way, I know what the Moreland Commission must have felt like."[11]

De Blasio Fires Investigations Chief, Citing Abuse of Power

LINK
Mayor Bill de Blasio on Friday took the extraordinary step of firing his embattled investigations commissioner, Mark G. Peters, the culmination of a fierce rivalry between the two powerful men.

It was a rare and consequential action by a mayor to remove an investigations commissioner: The position is understood to come with a large degree of independence that allows impartial scrutiny of all areas of government, including the executive branch.

But the relationship between Mr. Peters and the mayor had severely deteriorated over time, and the last straw was an independent investigator’s report that found that Mr. Peters had abused his power and mistreated underlings, and said that he was “cavalier with the truth.”

Mr. Peters had produced numerous investigative reports that exposed significant failings in city agencies that were highly embarrassing to Mr. de Blasio, including lapses in performing lead paint inspections at the New York City Housing Authority, and the lifting of deed restrictions on a Lower East Side nursing home that permitted its sale to a developer of luxury condominiums.

Mr. de Blasio on Friday said those investigations did not influence his decision.

“D.O.I. is meant to be critical of city agencies,” Mr. de Blasio said at a news conference, before delineating the “mistakes and abuses of power” detailed in the independent report on Mr. Peters. “The D.O.I. commissioner is supposed to be the most pristine of all.”

Mr. de Blasio said that he was not influenced by any continuing investigations. Mr. Peters had begun an investigation into whether City Hall sought to influence a review of the educational quality at some Jewish religious schools.

He also said, however, that he regretted hiring Mr. Peters in the first place.

Mr. Peters said in a brief statement that he would issue a fuller written response to his firing in coming days. He said that under his direction the department “exposed corruption and misconduct and forced serious systematic reforms in multiple agencies.”

He wrote that he did not want his staff to take the firing as a defeat, “but rather as proof that the excellent work you do makes a difference — indeed, so much of a difference that “it appears the mayor felt compelled to act.”

The City Charter says the mayor has the power to remove the investigation commissioner, as long as he gives an accounting of his reasons for the firing and allows the commissioner “an opportunity of making a public explanation.”

It said Mr. Peters’s removal would take effect after three business days, a period ending Wednesday that is apparently intended to allow time for Mr. Peters to make the public explanation mentioned in the City Charter.

Mr. Peters fell far and hard. A longtime friend of the mayor, he served as the treasurer for Mr. de Blasio’s 2013 mayoral campaign. When Mr. de Blasio appointed him as the commissioner of the Department of Investigation, the choice was greeted with skepticism, with critics asking whether someone so close to the mayor would be independent enough to pursue investigations into the administration.

Mr. de Blasio often took issue with the findings and defended agency heads who came under Mr. Peters’s scrutiny.

But Mr. Peters finally overreached: Earlier this year, he staged a takeover of an independent office that conducts investigations of the school system. When the head of the office, Anastasia C. Coleman, resisted the takeover, Mr. Peters fired her.

She then filed a whistle-blower complaint, which led to the appointment of an independent investigator: James G. McGovern, a former federal prosecutor.

Mr. de Blasio had considered firing Mr. Peters at the time but decided against it; city officials seemed leery of the possible backlash over firing an investigator who had taken a critical look at the mayor’s governance.

The McGovern report, which was completed in early October, finally gave the mayor the impetus and evidence to force Mr. Peters out.

The City Council was a strong ally of Mr. Peters in his clashes with the mayor’s office, especially under the current Council speaker, Corey Johnson. But the whistle-blower report undermined that support, including the allegations that Mr. Peters had misled the Council.

Mr. Johnson provided a statement on Friday that credited Mr. Peters for exposing “significant issues” at the housing authority and in other agencies, but said “the McGovern report raised questions about his ability to continue in his role.”

But the chairman of the Council’s committee on oversight and investigations, Ritchie Torres, praised Mr. Peters for his independence, adding that he “strongly disagreed” with the firing.

Mr. de Blasio, in a statement released after the dismissal, thanked Mr. Peters for his service but saved his praise for Ms. Garnett.

“Margaret has spent decades protecting the public’s interest, prosecuting criminals both inside and outside of government,” he said.

 

De Blasio's Peters principle: When the mayor moved to boot his top watchdog
NY Daily News, September 21, 2018

Never has a mayor of New York dared fire the anti-corruption watchdog who guards City Hall.

With seven pages drafted by his lawyers earlier this year to deliver the justifications the law says he must, Mayor de Blasio this spring came to the brink of firing Mark Peters as commissioner of the Department of Investigation — and still has the papers on file.

As if he could ever have gotten away with canning the top cop on the beat exposing his administration’s grievous breakdowns and mandating reforms.

Lead paint poisoning children at NYCHA. Swiss cheese child abuse investigations that left other kids dead. Smuggling into city jails, and top Correction brass’ rampant use of city vehicles for personal trips. The sheer incompetence behind the Rivington House nursing home debacle.

Compare that record to the reasons the drafters of the mayor’s memo give to justify firing Peters.

Peters moved to fold into his office the formerly independent Special Commissioner of Investigation for the Department of Education; no one disputes that. De Blasio alleges, and he’s technically likely right, that Peters had no authority to make that move — and badly botched his job offer to the woman in charge, then fired her after she complained about a reorganization.

And that, separately, Peters threw a snit about office space for his staff, supposedly invoking that he had “people with guns in the room” with the power to make arrests. And used similarly heated language when throwing his weight around with then-budget director Dean Fuleihan.

That’s it? That’s it.

That de Blasio keeps the means close at hand to eject his onetime friend and campaign treasurer lays bare two ugly possibilities about his motives.

The mayor is either ready to rid himself of the source of probes that are forcing correction of calamitous mistakes by his administration — or wildly overreactive to Peters’ admittedly brash, at times obnoxious leadership style.

Two years into de Blasio’s first term, the Daily News called for Peters’ resignation on the view — well justified by early investigations that failed to name names or specify sufficient remedial actions — that his close personal relationship with de Blasio precluded the intensive probes this mayor merited.

Peters has since well proven his independence and zeal. The mayor in his target sights has evidently noticed.

Betsy Combier
betsy.combier@gmail.com
Editor, Advocatz.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice

One of the many scandals that Bill de Blasio will be "famous" for:

De Blasio: Miscommunication over lead paint exposure ‘has been addressed’

Mayor Bill de Blasio claimed Monday night that any previous miscommunication between the city’s Housing Authority and Health Department over children’s exposure to lead paint in public housing is no longer an issue.
“The problem you raised is unacceptable,” de Blasio told NY1. “It is and has been addressed.”
He was responding to questions about a Department of Investigation probe into how his administration has handled positive lead tests of kids living in public housing.
Hizzoner admitted there was a “gap” between how information was previously gathered by the Health Department and then communicated with the New York City Housing Authority. However, he claimed the problem dated back to the administration of former Mayor Michael Bloomberg — and that he has fixed it.
“The Health Department and NYCHA are on the same page …,” de Blasio said. “We have now caught up. Regular inspections, regular remediation … and that will continue from this point on.”
DOI has requested records from the Health Department about the tests, which showed that as many as 820 kids over five years were exposed to levels of lead that the federal Centers for Disease Control and Prevention considers dangerous.
The DOI investigation is one of at least two probes into the Health Department’s actions.
–– ADVERTISEMENT ––
City Comptroller Scott Stringer previously announced this month that his office was reviewing the health agency.

Tuesday, February 17, 2015

The NYC Department of Education and The Employment of Investigators at OSI, DOI, SCI, OEO

I am re-posting a very important post written by Francesco Portelos for his blog, Protectportelos.org, on the taxpayer fraud at the DOE.

We are paying for the DOE/DOI/SCI/OEO/OSI investigators to investigate us. And it all starts with asking "where is the money?" Similarly, "where do my tax dollars go?" We, the general public, have no way to counter their rulings except in expensive and time-consuming litigation.

I have posted many times that on May 23, 2000 our current Chancellor, Carmen Farina, called me up at home screaming, cursing, and verbally attacking me after I asked where the money was going that had been given to PS 6 and PS 198 for the Arts. I listened to 20 minutes of horror. It was quite a shock, because at the time I was new to the public school system, and had worked with Carmen for 2 years on setting up a project called the Arts Together Community Partnership, my idea.

No one told me that after I asked where the grant money went, I, my children, and my life would be harassed, investigated, and harmed.

My point is this: if you see something in a school that you think is a violation of law, rights, or theft, report it, in writing and in detail, to a person outside of the ring of thieves DOE/DOI/SCI/OEO/OSI, like a lawyer, the police, the District Attorney. Document everything, who you go to, who you talk to, etc. This is VERY important.

 And if you are told that you must go speak with an investigator, GO!!! but be cautious in answering their questions, as their goal is to charge you with whatever happened. And always assume that everything you say to anyone is being taped.

Betsy Combier


The Special Commissioner of Investigation’s Hand is in the Pocket of the Chancellor?

SCI Richard Condon is in the Pocket of the DOE Dennis Walcott?
SCI Richard Condon is in the Pocket of the DOE Dennis Walcott?
Part 1 of the EducatorFightsBack.org’s  SCI Series
The Special Commissioner of Investigation’s Hand is in the Pocket of the Chancellor?
Relax…it’s a question, not a statement. Notice the “question mark” at the end? Just a quick thank you to my public school teachers for teaching me proper punctuation and grammar. Any mistakes you see with commas and wrong use of capitals are mostly my lack of proofreading. Sorry, but I’m fighting for my career and trying to be a father and husband, so these posts are often written and posted quickly. Never written without thought though.
In any case, back to the question above. The Special Commissioner of Investigation’s Hand is in the Pocket of the Chancellor? I’m simply asking who pays Special Commissioner of Investigation Richard Condon and the rest of the investigators and lawyers of SCI. Not a valid question? I mean two of them, Mr. Martucci and Mr. Romano, paid a visit to my father-in-law this past summer at his job, while my family and I were in Greece. That is three months after the 14 month investigation on me was over (See report here).
More recently, the day before my 3020-a termination hearing was tostart, the two investigators came back and visited my mother-in-law at her apartment where she watches my two boys. That was just two weeks ago today. To make it even more interesting, she told me they were playing with my son. Hmm….I mean I know I have been a big job security for the over 13 investigators, but I don’t think we are at the level where they can come “gaga googoo” with my kids. Apparently there are even more investigations on me and that brings the number up to a whopping 38 . Yes, 38 investigations on me that all started afterI questioned the budget and put in my own complaint about my principal’s alleged financial misconduct. By the way, SCI did not take that case and referred it to the DOE’s Office of Special Investigation (OSI). Yes for over 600 days the DOE has been investigating the DOE.
This brings us to the meat and question of this post. Who investigates what and who is paying for it. You would agree that following the papertrail is important as “Cash is King”, correct?
The DOE has two investigative bodies that are under the jurisdiction of Chancellor Dennis Walcott. That is OSI and OEO (Office of Equal Opportunity. Now OSI typically takes cases of corporal punishment of students and OEO handles discrimination and harassment. I italicized the word typically for a reason. SCI, who works under the NYC Department of Investigation (DOI), takes on “more serious” cases and can defer cases to OEO and OSI, so some cases not involving corporal punishment, harassment and discrimination can be investigated by OSI and OEO if referred.
Are you still following? Maybe this will help:
DOI—->SCI
DOE—-> OSI and OEO
Now seeing this and watching the news when Richard Condon is talking about some higher profile investigation, you would think that SCI is unbiased, a body way above the DOE and therefore impartial, right? They owe no allegiance to the DOE, so why would any SCI investigation and finding be flawed or biased. A United Federation of Teachers (UFT)lawyer once told me “The DOE is scared of SCI and hates them, because SCI investigates them.” <cough>bullsh*t<cough>.
You see, while I was in educator exile I did a little investigating of my own and this is what I found:
By using the website www.seethroughny.net, you are able to put in any city employee and see their salary for the last few years. You can also see their overtime and per-session. What interested me the most is that you can actually also see where the money comes from. Let’s take a look and compare, shall we?
Here is DOE Chancellor Dennis Walcott’s:
Dennis Walcott
Notice the Agency that pays him is the Department of Education?
Next we enter an arbitrary DOE lawyer like David Brodsky
David Brodsky
Now let’s pop in the Commissioner of the NYC Department of Investigation, which is above SCI and separate from DOE.
Rose Gill Hearn Payroll
Rose Gill Hearn Payroll
Ok, that makes sense. She is paid from the budget of the Department of Investigation.
Now Let’s just plug in Richard Condon in the search. Should be DOI as well, right?
Ehhh…wrong.
Richard Condon Payroll
Wait…What the what? Richard Condon get’s paid from the budget of the DOE? The same body he investigates?
There must be some mistake. Let’s enter another SCI employee like Chief Investigator Thomas Fennell. By the way, I know way too many names of investigators for being a mild-mannered tech teacher. Mr. Fennell assigns cases and I believe also refers or even decides not to investigate them.
Investigator Thomas Fennell Payroll
What? Paid from the DOE as well? I did this for all the investigators I know and all the same. Even the lawyers who were involved in denying my whistleblower complaint.
What? You want more proof that the DOE pays Richard Condon and his office from their $25 billion budget?
Ok, well look what else I found when I looked at my own school’s budget and expenditures from 2010-2011. Looks like we paid about $6,637 to the Special Commissioner of Investigation. Unless I’m reading it wrong. Click Here for School budget link
Finally….I simply asked SCI who pays them.
Response below
———-
From: Ann Ryan <aryan@nycsci.org>
Date: Tue, May 28, 2013 at 4:02 PM
Subject: Request for information
To: “Mr. Portelos” <mrportelos@gmail.com>
Dear Mr. Portelos:
I have been asked to respond to the e-mail request for information you made on May 15, 2013 at 12:58 p.m. to, it appears, www.nyc.gov.  That inquiry was ultimately forwarded to me.  You asked:
“Is the Special Commissioner of Investigation [(“SCI”)] a totally separate entity from the NYC Dept of Education?  Does it receive any funding from the NYC DOE budget?” 
The answers to these questions can be found in the Executive Order which established SCI.  This document can be found on SCI’s website.   
Section 1 of Executive Order No. 11 of 1990 requires the Commissioner of Investigation to appoint a Deputy Commissioner of Investigation for the New York City School District, “who shall be independent from the Board of Education.”
Section 5 requires that “[t]he salary and expenses of the Deputy Commissioner and his or her staff shall be borne by the Board of Education, within a budget allocation mutually agreed upon by the Board of Education and the City, provided however, that such budgetary allocation will be sufficient to ensure the effective and independent performance of the duties and responsibilities of the Deputy Commissioner.”
(Subsequently, Executive Order No. 34 of 1992 changed the title “Deputy Commissioner” to the “Special Commissioner of Investigation.”)
Very truly yours,  Ann Ryan, SCI
————————————-
And there you have it.
Let’s just look at this analogy here. One SCI investigator once said to me “You are always using analogies. It’s probably because you are a teacher.”
Imagine you owned a house and you needed an inspector to check on some violations. You call Jim Bob Inspection and pay Jim Bob to come and investigate for any violations or issues. He investigates and you cut him a check. Once he leaves he sends you a report with his findings and on top of that calls the Department of Buildings who then fines you. Yes, you paid Jim Bob and yes he investigated, but in the end he found thatyou had violations. Not a likely story?
Did you follow that analogy? How impartial is impartial? So is the commissioner’s hand in the pocket of the chancellor? Not physically, but it appears Chief Financial Officer Michael Tragale cuts them a check.

12 COMMENTS
  1. Thanks for the information. SCI and their lackeys at the DoE will stop at nothing to pin something on you.
    My daughter was targeted, interrogated, spied on, and harassed by her school and these evil people.
    We can just pray that there is a god and he will bring justice to their lives so they can feel the wrath that My family has felt over the past two years. Judgement day is coming and it won’t be pretty!
    Jesus saves, but only those that repent. You still have time!
    David Suker
  2. Any who funds the DOE budget? Our city taxes withheld from our paychecks. So you are indirectly paying the people that are investigating you. What a waste of money better spent on education not retaliation.
  3. I’m glad you’re able to maintain your sense of humor, but I find the following astonishing and disgusting :
    >>>More recently, the day before my 3020-a termination hearing was to start, the two investigators came back and visited my mother-in-law at her apartment where she watches my two boys. That was just two weeks ago today. To make it even more interesting, she told me they were playing with my son. Hmm….I mean I know I have been a big job security for the over 13 investigators, but I don’t think we are at the level where they can come “gaga googoo” with my kids. >>>
    Are we to understand that, on the day before the hearing opened, ( i.e within 24 hrs. of the opening session of your dismissal hearing) and after 500+ days of investigation, “investigators” came to your mother in law’s house and spoke to your *children* ?
    It seems we are beginning to stray from the path to simple Orwellianism and following a new and even more twisted trail. Something more aligned perhaps w. J. Edgar Hoover-ism; i.e creepy, voyeuristic, intimidatory and perverse.
    On a happier note, thanks for the links to the Gill Commission, etc. It’s important for people to understand the historical context and the evolution of these contemporary and contemptible goings-on.
  4. Mr. Portelos, you and your family are covered! You were not brought this far to be left. These are sloppy J. Edgar Hoover wannabees wasting time and lots of $$$ at the expense of NYC students and NYC taxpayers.