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Showing posts with label David Pakter. Show all posts
Showing posts with label David Pakter. Show all posts

Friday, March 4, 2022

The New York State COVID Vaccine Mandate: How Politics Played a Role

Martin Scheinman invitation to his fundraiser event


Martin Scheinman in 2005, de Blasio in NYC December 23rd 2013Luiz C. Ribeiro, Theodore Parisienne

From Betsy Combier:

The pandemic has caused chaos in education circles and brought people with opposing views to the brink of using defamation, gaslighting, cancel culture techniques, etc. to get their views on whether or not to wear masks, get vaccinated and/or stay at home to be the one opinion held by the greatest number.

I, for one, don't fall for this kind of bullying, and I support the many people who are fighting for their rights to oppose what the State and City of New York politicians are saying is the "public interest". They are defining this term.



Mayor Adams had teased his plans to nix the local COVID-19 mandates earlier this week, barring “unforeseen spikes” in new cases.[photo: Stefan Jeremiah]

Almost 1,500 New York City Employees Get Fired For Not Getting Vaccinated Against the COVID Vaccine

Yes, this is what is happening in NYC: thousands of public employees were fired on or about February 11, 2022 without being heard on why they did not/could not get the vaccine.

This fight is serious, as so many people have been forced to retire or be terminated and give up on Federally mandated rights. For example, what happens if you have a medical allergy to an ingredient in the vaccine so if you take the vaccine, you could die. Do you lay down your life for the greater good of the State of New York?

What if you belong to a religion that forbids your partaking of certain drugs, enzymes or ingredients in the vaccines? Do you have to discard firmly held beliefs in order to "protect" the public?

Many Constitutional rights are being trashed.

New York City's political-legal-corporation-complex is overriding New York State Public Health Law which governs immunization requirements for adults:

"“this  section  shall not apply to a  person  who  holds  genuine  and sincere  religious  beliefs  which are  contrary  to the practices  herein  required,  and  no  certificate shall  be required  as  a prerequisite to  such  person being admitted or  received into or  attending an institution.”  

See:

Michael Kane, et al. File Federal Case in Opposition to New York State Vaccine Mandate

I am vaccinated and boosted, yet I will still fight any politician who says that someone must obey a mandate ordered by the Governor or anyone else on the political pipeline simply because the elected official says so. The "no exemptions" part is what I object to as unjust. 

Who created the mandate without exemptions for medical necessity or religious beliefs? Martin Scheinman. I first met Mr. Scheinman in the 3020-a arbitration of David Pakter, a wonderful teacher who was charged with ridiculous misconduct by a revengeful principal.  I met David in 2003 when we were asked to speak on a TV show together about the NYC Department of Education and the "rubber room", something I had never heard of before. David told me to come to visit him in the rubber room on the 10th floor of 25 Chapel Street, in Brooklyn. A few days later I did that and stayed all day. I have continued to gather information and assist educators put into unjust positions ever since.

Martin Scheinman is a charismatic, brilliant lawyer who has strong political ties which I believe may have impacted his fairness to the labor groups in the NYC 3020-a arbitration as well as at the State level. He was a major fund-raiser for Bill de Blasio. See the picture at the top of this post and here.

Martin Scheinman in 2005, de Blasio in NYC December 23rdLuiz C. Ribeiro, Theodore Parisienne

Labor arbitration head is a de Blasio fundraiser

NY POST Editorial Board, December 25, 2013

What I believe the right thing to do is - remove the Scheinman Arbitrators from hearing appeals for exemptions to the COVID vaccine mandate. Put the right to obtain an exemption to getting vaccinated into a proper forum outside of the Scheinman Arbitration and Mediation Services, and have hearings on the exemption applications heard by independent hearing officers not paid by the State or City to push the agenda without individual consideration of need.

Martin Scheinman revised his original decision, and added that exemptions could be heard, then placed the arbitrators from his new company Scheinman Arbitration and Mediation Services on the job. Everyone who got an Appeal for a religious or medical exemption was denied if the arbitrator was from Mr. Scheinman's company. I understand the right of the State and City of New York to put mandates in place to protect the greatest number of people, but to trash anyone with necessary religious and/or life-threatening exemptions to the rule is abhorrent and unjust. 

This truly is a life or death choice for the State and City.

Betsy Combier

Mayor Adams ends NYC vax passports, school masks


Mayor Eric Adams announced Friday morning the end of school mask mandates and vaccine passports across New York City.

The eradication of the local COVID-19 mandates will come into effect starting Monday, Hizzoner said.

“The rates are now low enough that the mandatory program is no longer needed,” Adams said.

The changes mean patrons at Big Apple restaurants, gyms and indoor venues — including theaters — will no longer have to show proof of vaccination in order to enter.

Adams had teased his plans to nix the local COVID-19 mandates earlier this week, barring “unforeseen spikes” in new cases.

The numbers of new infections, hospitalizations and deaths are still declining, the latest city health data shows. New York City recorded an average of 541 new COVID-19 cases in the last seven days, which is down from the more than 2,000 per day just one month ago.

“The numbers don’t lie,” Adams said.

He said New York City had averted 48,000 deaths, 340,000 hospitalizations and 1.9 million infections due to the Bid Apple’s high vaccination rates.

The figures, which came from a Yale University analysis, were blasted on a giant Times Square billboard on Friday.

The changes come after Gov. Kathy Hochul dropped New York’s statewide mask mandate for the majority of indoor settings last month and schools from this past Wednesday in the wake of new CDC guidelines.

Some pandemic restrictions, however, will still remain in the five boroughs for now — including a mandate that public employees must be vaccinated.

Mask rules are expected to still be enforced on public transportation and in nursing homes, correctional facilities and homeless shelters. Face coverings will also still be required in health care settings.

Tuesday, January 31, 2017

Hipolito "Polo" Colon Jr.: The First and Finest Teacher Advocate/Warrior in New York City Dies at Age 67

Polo Colon at the Panel For Educational Policy 2009 (Norm Scott videographer)
Hipolito "Polo" Colon, Jr. was one of my closest and dearest friends. From the moment we met in 2004, we were partners in the fight to get justice for NYC educators. We taught and learned from each other, and my heart is broken, although I know he is now at peace.

When I spoke with him briefly late in the evening of January 29 2017, I told him to hang on, and to stay in the fight. But he couldn't. The world lost this warrior early morning January 30, 2017.

His wake will be held at the Borinquen Memorial Funeral Home, 1461 Bushwick Avenue, Brooklyn N.Y. 11207, sunday February 5, 2017, 3-9PM. If you want to donate flowers or any financial help to his family, please send to Polo's daughter Lanaette at

Lanaette Colon
75-25 67th Rd.
Middle Village, Queeens, 11379
347-856-0698

She told me that Polo asked for purple flowers.

He was the best teacher advocate I have ever met, and showed amazing courage in front of astonishing challenges. He was a gentle, kind man who always stood up to bullies and scam artists wherever they were. He had my back and I had his. I bet most people did not know he was a very talented musician, and sang with the band MALO. He also wrote music.

When Polo was charged with 3020-a he asked for a 3-member panel, as permitted by NYSED at that point -
Hearing request with 3-member panel option
- but the UFT did not want members to have the 3-member panel, so UFT Attorney Carol Gerstl  filed an Affirmation that permanently denied anyone charged with 3020-a in NYC a 3-arbitrator panel. In NYC, the UFT wants speed, not rights, for members who are charged with 3020-a.

See here for information about The Gotcha Squad:
How The New York City "Gotcha Squad" Gets Tenured Teachers Declared "Incompetent", and Placed in a Rubber Room by Betsy Combier (2009)

Despite the huge challenges brought by the Corporation Counsel and the NYC DOE against him, Polo survived, and continued to work as an ATR for the DOE until he retired a few years ago. He was the Treasurer of my Foundation, the E-Accountability Foundation, which is completely independent of this blog and my website Parentadvocates.org. His daughter Lanaette will take his place.

I will never be able to say enough about our friendship and collaboration, so I will let my previous posts on my website and blogs speak for themselves:

NYC Teacher Hipolito Colon Makes History and Sues the NYC BOE, The Panel For Educational Policy, and NYSUT For Violating His Rights (2006)


ATR Status: what does this mean?






Despite Public Outrage Against A Continuation of Mayoral Control, A Deal is Made


and see Polo's comments to the two articles on Fidgety:

Polo was extremely distressed over the defamation of me by Francesco Portelos. I cannot and will not forget Polo's outrage.

Here is a tribute to Polo from David Pakter which I received yesterday:

"Polo Colon:  In Memorial 
I just received the news of the untimely death of our most Loyal and Deeply Beloved Friend, Polo Colon.  It would be an understatement to say I am filled with an overarching Sadness that is difficult to express in words.
It is as if a piece of my own Heart has been suddenly torn from my body.

I first met Polo when we were both incarcerated at the infamous Chapel Street "Rubber Room" Detention Center, situated in the bowels of Brooklyn.

At my second Kangaroo State 3020 Trial several years ago, the former Head of Human Resources, was made to admit under Oath, that my being assigned to that Rubber Room had been totally illegal as I should have been assigned to a DOE Rubber Room in Manhattan, where I taught Medical Illustration at the High School of Art & Design.

The intent of the DOE was to make it as arduous and time consuming as possible for me to travel to my daily intentionally punitive "assignment" which required two different trains and then a bus.

Nevertheless, that said, as so often occurs in Life, this Machiavellian plan on the part of New York's DOE had one redeeming benefit.  That is to say it was in the Chapel Street Rubber Room that I first had the distinct Honor of meeting Polo Colon. 

It was clear to me immediately on our first meeting that Polo Colon was quite a unique Human Being and truly a force of Nature to be reckoned with and deserving of the utmost respect.

Always impeccably dressed in suit and tie, something that was quite rare in the many DOE Rubber Rooms, Polo radiated a positive energy and optimism even in the worst of circumstances.  Indeed it is difficult to imagine Polo is no longer among us to continue fighting the Good Fight on behalf of all the innocent victims of an egregiously corrupt Education system. 

On the very day I first met Polo, he told me his own personal Story and how he was fully expecting to be permanently terminated from his Employment that very same afternoon by the New York City Dept. of Education an entity that can truly be said, without exaggeration, to represent "Evil Incarnate".

(Thousands of Dedicated and innocent Educators, over the years, have been attacked and terminated from their jobs for speaking out, reporting wrongdoing and/or becoming Whistle-blowers.) 

Of course on hearing Polo's story, I immediately thought of Betsy Combier, the famous "Miracle Worker", well known for years, for interceding on behalf of the downtrodden Educators of New York City as well as Educators Nationwide. 

Polo and I contacted Betsy Combier by phone from the Chapel Street Rubber Room in Brooklyn and true to form, she immediately  went to work to stop the City from illegally Terminating Polo Colon. 
By 5 PM that very same day Betsy Combier had blocked the DOE from their nefarious plan to end the career, once again, of yet another dedicated NYC Educator whose only "crime" had been to stand up for the Rights of New York City's most powerless and at risk citizens- its more than one million Inner City children.

The rest, as they say, is History.  Having secured Polo's employment and ability to care for his Family, Betsy Combier and Polo Colon became inseparable Fellows in Arms, fighting together for the Rights and well being of all of New York City's Teachers and Students so many of whom had been let down and abandoned by the once powerful, Teachers' Union, the United Federation of Teachers.

Over the years, just as with Betsy Combier,  Polo never rested in his never ending quest to attain Justice for both the Teachers and students of NYC.
Just like Betsy Combier, Polo Colon was a force to be reckoned with.  
Similar to Betsy Combier's own shinning example, Polo Colon inspired so many people whose needs he always put before his own personal needs.  In that sense, just like Betsy Combier, Polo Colon represented the Archetypal Hero.

And just as Betsy Combier literally saved Polo Colon's Career when he needed her priceless assistance most, Polo spent his subsequent years fighting for the same people Betsy Combier has spent her life fighting for. 

The fathomless Sorrow I feel today, knowing that Polo Colon is no longer with us on this Earth is mellowed by the knowledge that he, like Betsy Combier, spent his Life tirelessly helping people as Betsy Combier selflessly helped Polo when he most needed her.  

And I am comforted by the firm belief and Hope that others will be inspired to Honor Polo Colon's Life and Memory by rededicating themselves, once again, to all those Sacred values which Polo Colon held dear in the deepest core of his boundlessly Generous Heart.

I will always treasure my Hollowed Memories of knowing Polo Colon till I draw my Last Breathe on this Earth.  Just as Betsy Combier, is such a unique Woman, who always and even now, still Leads by Example, Polo Colon was an equally unique Man who never ceased to Lead by his own Example.

You, Polo Colon, are done now with your Work on God's Earth. 
Rest well, my Dear Friend in your Well Deserved Peace among the Stars.


David Pakter"

Below are some memories which I will forever treasure. Rest in Peace Polo!

From Betsy Combier:
I met Polo in 2004 after I met another teacher, David Pakter, at a TV studio on the West Side of Manhattan in 2003. David talked about "the rubber room" and a "3020-a hearing", neither of which I had ever heard about before. I told him I would really like to find out more about 25 Chapel Street and the 3020-a hearing, so David told me he would sneak me in, and that he would tell his attorney, NYSUT's Chris Callagy, that he wanted me to sit in at his arbitration. I found out later that if a charged employee wanted a person to sit in his/her hearing, all they had to do is ask - but NYSUT did not want to tell anyone. I started publicizing the "open and public 3020-a hearing" so that all Respondents could have friends and relatives observe.
Betsy Combier and Chris Callagy at David Pakter's 3020-a, 49-51 Chambers Street, 2009
I started going to Chapel Street 2-3 times /week, and I sat with the UFT members there and listened to their stories all day. I left when their day was over. Polo asked me to sit in in his 3020-a, which I did, and then teachers at the Chapel Street rubber room as well as in other rooms throughout NYC began to ask me to sit in in their hearings, so I began my study of how 3020-a arbitration worked....or didn't. Randi  Weingarten, President of the UFT at the time, heard that I was there and asked me to help her get rubber room teachers to tell their stories to the NY City Council hearing on whistleblower laws in 2006. I helped her round up testimony. Then after almost 4 years of attending 3020-a hearings and visiting the 25 Chapel Street rubber room, in 2007, asked me to work for the UFT as the "official rubber room rep". I gladly agreed.

Polo, David Pakter and I worked together to make sure that our voices were heard. When there was a Panel For Educational Policy ("PEP") meeting with a lawless Executive Session, Polo called me or I called him, and we got there in time to sign up as the first speakers. Joel Klein and his Attorney Michael Best tried to cut us off, but their efforts only fueled our flames. As you will see in the videos below, both Polo and I call Joel Klein "Mr." Klein, because neither Polo nor I had a copy of his contract with the DOE. In fact, DOE FOIL attorney Susan Holtzman told me that Joel did not have a contract. So, I wrote an article "The Who Are You Kidding Award Goes To Joel Klein". Both Polo and I did not see how he could be called "Chancellor". We couldn't see how Carmen Farina or Dennis Walcott could be given that title, either.
See Polo's speeches on video, thanks to Norm Scott:

PEP Meeting September 2007
PEP meeting 2009
Polo Colon

Polo was the first teacher who I knew about who sued the UFT and the DOE for putting him in the rubber room. I served his papers on the UFT at 52 Broadway, 9th Floor (NYSUT). I remember vividly when the Corporation Counsel scheduled a deposition at their offices at 100 Church Street, and the day before emailed Polo that I would be barred from entering the building. We had a good laugh, then Polo called his girlfriend and told her to arrive at 9:30am the following day dressed professionally. She became the Reporter of the event where I would be thrown out of a public lobby. Matthew Leighton, the Corporation Counsel attorney assigned to the case, was very cordial when he saw us, and escorted us up to the 4th floor, where he said there would be no problem if I wanted to come with Polo to the 2nd floor, but no one else could come. So the girlfriend left and we had the reporter set up to transcribe the hearing with the principal. When she was ready, Mr. Leighton immediately went into a diatribe on the record about how I had to leave immediately. Polo suggested (I wrote him a note) that Mr. Leighton get the judge on the telephone. Mr. Leighton unfortunately had to wire the room for outside calls, so the deposition of Liza Carabello was put off for 45 minutes while electricians put a speaker phone into the room. Then, Mr. Leighton called the judge's chambers and said to the law clerk that he had to get a ruling from the judge. The law clerk said that the Judge, Paul Fineman, was not there, but she could rule. Leighton told her that I wanted to sit in on the deposition, I was not a party, and he wanted her to order me to leave. She hesitated for a minute, then told him to cease and desist, I could sit there, give notes to Polo, and take him outside, the only thing I could not do was speak on the record. Polo tried not to laugh. I dont believe I mentioned that I had called a friend at the Supreme Court and asked him the very same question, before I went into 100 Church street to meet Polo. I already knew the answer. Mr. Leighton thanked the law clerk, but after he hung up was visibly angry.  Polo did the deposition of Carabello and I was soooo proud of him. What a guy.

Then, in 2010 when UFT Staff Directors Ellie Engler, Leroy Barr and President Mike Mulgrew told me that I was helping too many members and they wanted me out of my office so they could give it to someone else, who came at 7PM with his SUV to the front door of 52 Broadway to load up all my boxes and bags in the pouring rain? Polo. He put all of the stuff in his apartment until I could figure out what to do with it. I've of course kept all my notes on the rubber rooms for my book, which Polo was going to co-author.

From The A For Accountability Award (trademarked by me 2005)

Hippolito "Polo" Colon was a tenured teacher at PS 120 in Brooklyn NY, when he became aware that the principal of the school was not following federal laws protecting the children in her care at the school. He wrote down what he believed to be illegal actions by the principal and called in the NYC BOE investigators. He believed that he would be protected by local, State, and Federal whistleblower laws, and the investigators would look into his allegations. Instead, the NYC DOE "investigated" him, and removed him suddenly and without warning from the school. He became another statistic of the New York City "rubber rooms", or re-assignment centers, where tenured teachers who are whistleblowers are dumped, and where these potential firecrackers sit, day after day, at long tables. Polo sat in the room for almost 1 year, and, like most of the other 400+ teachers in rubber rooms around New York City, asked for, but never received the charges describing the 'crimes' that he was accused of doing. 

Then, in August 2006, he received a letter from NYC BOE General Counsel Michael Best saying that he would be terminated at the September 19 2006 meeting of The Panel For Educational Policy, due to his waiving of his right to a hearing. He did not waive his right to a hearing, and, unwilling to lose his salary (as his UFT representative said he would), he took steps to stop the BOE, The PEP, and NYSUT from leaving him without his job and his salary: he filed a lawsuit in the New York State Supreme Court pro se. Parentadvocates congratulates him, and hopes that his actions are repeated by all the other teachers dumped into rubber rooms unfairly and denied due process. See NYC Teacher Hipolito Colon Makes History and Sues the NYC BOE, The Panel For Educational Policy, and NYSUT For Violating His Rights

Friday, May 8, 2015

Betsy Combier: The UFT Calls the 3-member Panel "Historic" - I Call Them Hypocrites

After I posted on this blog the story of the UFT win and the efforts the UFT made to have a 3-member panel to decide grievances, I received many calls and emails from teachers who were very
 happy with this new procedure, and the fight that the UFT made. The UFT bigwigs said that this is an "Historic Rating Ruling" and that the UFT had fought "so hard " to get it:

"PS 90 Chapter Leader Vicky Giasemis Wins Her Grievance to Change Her "Ineffective" Rating Given by Bully Principal Greta Hawkins
PS 90 Chapter Leader Vicky Giasemis (right), whose Ineffective rating from her principal was overturned by an
arbitrator, and delegate Betty Matos outside the Brooklyn school.

Historic rating ruling

Brooklyn principal forced to change Ineffective thanks to appeals process UFT fought for"

Indeed, the article goes on to say:
"UFT General Counsel Adam Ross said the new protection against supervisory harassment was a major milestone.
“We never got ratings reversed on substance under Bloomberg, but now we have secured due-process rights for teachers in state education law,” he pointed out." 
Rubbish.

Balderdash.

The grievance process has been a scam for years. Everyone knows that.

When I worked for the UFT 2007- 2010, my office was on the 16th floor at 52 Broadway, sandwiched between Gene Rubin and Amy Arundell, both of whom gave me all the ins
Amy Arundell

and outs of UFT trials and tribulations. Randi Weingarten had hired me in August 2007, and told Adam Ross to write my agreement - to work for the UFT 14 hours/week (my choice - I did not want to work full-time). My duties were to help members, particularly those who were re-assigned (in the "rubber rooms").

UFT Attorney Adam Ross

I loved my job, and believed that I was in the right position, as I had been advocating for UFT members since 2003 in the rubber rooms of Brooklyn and Manhattan. Adam told me that I should know the UFT contract, so the staff Director at the time, Jeff Zahler gave me his copy. I memorized it.
Betsy Combier and Chris Callagy (photo by David Pakter)

How did this all start?  A former teacher at the High School of Art and Design, David Pakter, and I ended up speaking on a cable TV show moderated by a mutual friend, Dean Loren. David told me an unbelievable, but fascinating story of hundreds of teachers sitting in rooms called "rubber rooms" awaiting "trials" called 3020-a arbitration. David sneaked me into the rubber room at 25 Chapel Street, and I started talking with the teachers there. David asked me to attend as a member of the public his 3020-a, where he was represented by NYSUT Attorney Chris Callagy.
PICTURED: Back row, from left, are Greenburgh 11 stalwarts Milt Cobb, Richard Rowlands, Hedwig Broetz, Goetschius, Chris Sartory, Matt Magee and Kevin Burns. Missing from photo is Dennis Mosblech. In front row are NYSUT attorneys Chris Meagher, Chris Callagy and Conrad Lower. Photo by Deidre Drohan Forbes.

The arbitrator was Martin Scheinman (see the warm and fuzzy picture below). I like Martin, by the way.
UFT President Mike Mulgrew, Arbitrator Martin Scheinman, NYC Mayor Bill DeBlasio 

David's hearing went on for months, and I missed only one hearing day. I sat against the wall and made notes on what the attorneys were saying and doing. I wanted to learn everything there was to learn about this process. Soon, more and more teachers charged with 3020-a asked me to sit in on their 3020-a, and I always said yes. Before this time, almost no one had an open and public hearing. After I started attending, I told everyone to make their hearings public so I and anyone else could attend. More about this later in another post.

One of the rules for 3020-a arbitration hearings if charged with incompetency, was that if you asked for a 3-member panel within 10 days of being charged, you could have a 3-member panel.

On July 4, 2008, a teacher who had just been charged with 3020-a came to my office at 52 Broadway and told me that he wanted a three-member panel. I said, "Great!!"
"You received your charges 9 days earlier, so let's ask Claude Hersh, Assistant General Counsel of NYSUT, for the 3 member panel!! I was very happy to help the member get a 3-member panel, as not many people actually asked for this, and it is a right to have. I looked at his chrges, and they were for incompetency (contrary to what Claude Hersh says in his emails below)

We composed a short letter request for Claude Hersh, got into the elevator, went to the 9th floor, and tried to reach Claude. The receptionis said that he was not in, so we left the envelope and went back upstairs to my office. The member went home soon after.

Approximately 1 hour later, all hell broke loose. Claude sent me a scathing email, telling me that I violated a thousand million unwritten laws (I exaggerate to see if you are still reading) telling the member that he could have a 3-member panel. He sent this email to Randi, Adam, UFT Attorney Carol Gerstl, Mike Mulgrew (being groomed to be President), and Chief of Staff Leroy Barr, for effect.

I was stunned, but I basically am not afraid of anyone, so I wrote Claude back, challenging him to a duel. (not really). My point is, the UFT fought to remove the 3-member panel from 3020-a hearings in order to expedite teacher trials and get the guilty removed from the DOE.

I was told by the UFT VIPs that my advocacy was creating a liability for them, as everyone charged is always guilty.

This is why I don't work for the UFT anymore. I refuse to agree and not fight for rights.

Betsy Combier

Here are the emails:































Saturday, January 25, 2014

On the issue of Retaliation, the Investigators of OSI, SCI, and OEO, and Why It Is Important to Fight