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Showing posts with label Fake vaccination cards. Show all posts
Showing posts with label Fake vaccination cards. Show all posts

Wednesday, April 12, 2023

Editorial: Reply To Chad LaVeglia


 When an Attorney violates their code of ethics in any way, it is bad for everyone in the judicial system.

Many readers of this post have wondered what happened that made Chad Laveglia turn on me as seen below. Let me tell you my thoughts. 

In October 2022 when I was quoted in the media about the "fake vaccination cards" case, Chad blew up, saying that HE was the only one who could speak for the Petitioners, "his" clients, and paralegals - i.e. me - cannot practice law, as I was doing by speaking about the case. Here is what he wrote in an email to a reporter: " I AM THE ATTORNEY REPRESENTING 30 TEACHERS.  Paralegals cannot practice law...please do not attribute comments to my clients without speaking with me. I am the only one authorized to speak for them." Huh? That came out of the blue. He never made that a term of engagement. Moreover, he never spoke with any of the Petitioners, but I did, 24/7, whenever they called me to ask about writing an email to the UFT, getting benefits while off salary, etc. 

Chad then followed up with another email: "Betsy is amazing. And is more knowledgeable about disciplinary matters than almost anyone....I am to criminal law what Betsy is to education law." 

Thanks Chad!!! Then, in February 2023 after thanking Chad for using the papers I ghostwrote for a teacher appealing his case to the Court of Appeals, I received the emails posted below. I honestly was honored to have him use the papers.

Unbeknownst to me at the time, my position in Chad's eyes as a lowly paralegal who knew nothing about due process rights - or had no right to know - threatened his "I am much better than you" level. My goal was then and is now to assist people in getting their due process, and making sure that everyone can enjoy their rights to life, liberty and justice. 

People who assist or judge individuals based on their perceived social-financial status level is not my way or the right way.

Just sayin'....

I believe that everyone deserves a chance, and I gave Attorney Chad LaVeglia every chance to be professional. He has continued his bully tactics with several of his clients. Therefore, I am posting my reply to his emails sent to me in February which should never have been sent.

Re-posted from Advocatz Op-Ed: MY REPLY TO CHAD LAVEGLIA

Dear Chad,

I debated not answering your venom-filled email sent to me and your new “Chief Executive/client” Monique Parsons  (Index No. 206973/2022) – who I don’t know, and never spoke to – but I see no other way to protect your future clients from the confusion and distress you have caused in the case I worked with you on, the “fake vaccination card” case. I believe no hate-filled bully such as you should be allowed to spread lies about anyone, at any time,  and I will do whatever I can to stop your destruction of people’s trust and lives.

The email you sent your client Mrs. Parsons and me on February 16, 2023 is posted in full below.

Everything I write in this Op-Ed is my opinion, and I am not an attorney, as you very well know. I could have been one. My dad, an Assistant Attorney General for the State of New York for 20+ years under AG Louis Lefkowitz, the people you hate, wanted me to go to law school and he would have paid for it. But I became an investigative reporter instead. Life happens.

In June 2022 when I asked if you would work with me (at Petitioners’ request) on the case of teachers who were erroneously and unlawfully accused of defrauding the City of New York and the NYC Department of Education by allegedly “buying” a COVID vaccination card instead of getting the shot, you told me that you knew nothing about Education Law. I said this is a due process case, and I could contribute information on Education Law 3020-a, the tenure law protecting teachers’ rights. I told you about my experience as a non-Attorney participating in 3020-a arbitration since 2003. We also discussed the untenured teachers’ rights to due process. You agreed to work on the case and told me to keep the Petitioners aware of the case but not to contact you, and keep the Petitioners away as well. If needed, I would email you. I did exactly as you requested. Indeed, before February 11 2023 you told me that I did a great job.

I know you HATED the fact that I was quoted in the media, and you believe that YOU should be the only person quoted. I chose to ignore your incredibly absurd outburst. And when we won the case, I emailed you that I was very happy that you used a paper I wrote for a Plaintiff who presented it to the Court of Appeals. All was good.

On December 30, 2022 Judge Gina Abadi in Kings County Supreme Court granted the Petition, giving the Petitioners their jobs back, and backpay.

Then on Feb. 6, 2023, the City appealed point #4 in Abadi’s order, that they must never again place “tenured Petitioners on leave without pay or reassigning them to reassignment centers without the DOE first commencing disciplinary procedures pursuant to EL 3020 and 3020-a”

See ORDER OF JUDGE ABADI

Neither I nor any of the Petitioners heard from you about whether you were going to submit an Opposition to the Reargument, so I and a Petitioner wrote you on February 11, asking whether you were doing the argument, because you had told me that you do not do appeals.

Your answer on Feb. 13:

“Hi Betsy,
Good to hear from you! And thank you for the kind words. I briefly read their motion. It’s pretty silly. 
I had intended on reaching out. As an aside, I’ve been back and forth with corp counsel. I can respond, and have no problem doing so, just need to work out the logistics i.e., payment”
Then we asked the substance of the communication with the Corporation Counsel. I guess that was our mistake. You despise questions.
You answered on Feb 14, 2023:

“Hey Betsy,

Our conversations revolve around getting the administrative mess between DOE and UFT settled. 
Their motion has nothing to do with backpay or reinstatement. they’re really misinterpreting the 4th grant of relief. 
I don’t have time to speak. I also insist on an agreement upon which I am compensated before performing any further work. 
My Chief Executive is cc’d on this email. Please address further correspondence to her. 
thank you”
We emailed you and Mrs. Parsons asking if you were helping get backpay (we have no information on your help with this), and how much you would charge for the Reargument and Appeal. We were never trying to get any of your time for free. But dont you have to tell your clients how much you want to be paid?
You replied:
“Hi Betsy,
I’m going to explain something quick as a courtesy. This isn’t personal but take it as you like. 
I am no longer spending a single second of my time performing any legal services—directly or indirectly—unless I’m getting paid; like every single other business in the world. I am now extremely stringent with my time. My services are OVER per the engagement agreement. My job is done. I already got backpay for everyone, I won the case. It’s over. It is remarkable to me that not a single Petitioner was able to work this out internally with payroll. 
It is not my problem that the UFT and DOE are too stupid to figure out simple backpay. I was trying to expedite/facilitate getting the teachers backpay. I was generously giving up my time to help others for nothing in return. No more. 
I specifically told you to email Mrs. Parsons, and you just ignored me. That’s just disrespectful and inconsiderate of my time. I’m not dealing with it.” 

Chad, you got backpay for nobody.

Then on Feb. 15, 2023 at 3:59pm, you emailed all the Petitioners in our case, and cc to Mrs. Parsons, his client (but for some unknown reason you did NOT send it to me):

“Hi all, 

Unrelated- I am not dealing with Betsy going forward. I admire Betsy’s dedication to helping teachers, her fortitude, knowledge, and accomplishments. She has as good heart and means well. There is no drama here. I just don’t have the time,  or the patience. I could always charge my hourly fee and bill for every second of mine Betsy consumes.”
The Petitioners answer to me:   ❤️ ❤️ ❤️ we appreciate you! ❤️ ❤️ ❤️
On February 16 a Petitioner in the case sent your email to me, reluctantly, after I asked her if she had heard from you and she told me everyone had, but were very upset with your email.
I sent you an email asking you why you did not send the email to me, and to cease and desist from writing about me without my knowing, and making up false statements such as I spoke with you too much and wasted your time. You know this is not true.
Very soon after I sent my email, you sent this to me and your client Monique Parsons:
“Betsy, you are so out of your depth here. And your timing is horrible.  This is what I said-
“Unrelated- I am not dealing with Betsy going forward. I admire Betsy’s dedication to helping teachers, her fortitude, knowledge, and accomplishments. She has as good heart and means well. There is no drama here. I just don’t have the time,  or the patience. I could always charge my hourly fee and bill for every second of mine Betsy consumes. “
Where is the attack on your integrity and work ethic or maligning of your name? Please point it out to me. Because those words are called compliments. Either you live in a different reality, or don’t comprehend the English language. Which one is it? And you’re so damn selfish and thin skinned that you have the audacity to come at me again—at a time when I am scrambling to help hundreds of employees? What is wrong with you? I certainly have no respect for you now, not as a person or a professional.  You want to see what an ultimate insult looks like Betsy? Here we go. 
This is the second time; you pulled this fake victim card. I have no tolerance for your bullshit. You talk too much and waste my time. Time, I don’t have to give.  And certainly not for free. It’s that simple.  You brought nothing to the table as far as the law or legal strategy. You go off on tangents. But you are extremely shortsighted and only care about yourself. Hence this second, absurd email. I let you get away with it the first time. but no more.  
In fact, you seem to think you’re special. You’re not. I’d say you have balls for emailing me, but it’s stupidity.  Further, I don’t give a shit what you drafted, or for who you drafted it for. You’re not a lawyer. Accept that. Stop trying to be one. And stop expecting to be treated like one. It seems like you think we’re on the same level. You’re delusional. Your administrative accolades are equivalent to me being the MVP of little league baseball. I fight every day for the plight of the little guy. But you’re not the little guy. You have a nice cushy place in NYC. You have nothing in common with the working class. You’re a phony.  I could go on, but I’m bored. You’re insignificant to me. Truly, insignificant. Your cease-and-desist bit is hilarious btw ðŸ¤¡.  I’m going to block you now Betsy. Good riddens. 


I hate to admit it, but I cried all night of the 16th. Your words really stung. But let your bully pulpit go unrecognized for what it is? Never.


You say you fight every day for the “little guy”? So do I. But I am available to anyone 24/7, i.e. every day, all day (unless I am in a 3020-a or a Court mediation) for free. Ah, I know what you say to that. I’m not an attorney, so I do not know anything, and people shouldn’t speak to me because what I say has no value. Ok, why not let them decide?  Thank goodness many people do not believe you. For those who do, I wish them godspeed. They will need it. I play the victim card? Never have, never will. Is this a feeble attempt to intimidate me? I dont fall for stuff like that.

You say I live in a cushy place in NYC? How do you know? I do not believe that you have ever been here.  Did you judge my location as on the Upper East Side, so everyone lives a ‘cushy’ lifestyle.? You have no idea what my life is like, but let me tell you, it is a happy place, with items left from the happy school days of my four daughters, teen purple hair, rescue puppies, blind white labrador retriever, my guinea pig sophie, beanie babies and my Winnie-the- Pooh and Paddington Bear collections.


Chad, do you see the picture at the top of this Op-Ed? Do you see the man standing next to me and two of
my daughters, and in the picture below with my mom?
 

This person is my husband of 39 years, a nice man from Lima Peru who worked for the City of New York for 40 years, 37 years at Hunter College, as an electrician. Local Union No. 3 IBEW (“Local 3”). Is this the “little guy” I know nothing about? Isn’t my husband a working-class person with whom you say I have nothing in common? In my opinion, his respect for everyone on the planet – whether the person is black, white, purple or green, of any religion, gender, age, or financial position – makes him a better person than you. I dont know what level you are on that is so far above my level, but I couldn’t care less.

One more thing –
You ended your email to me on the 16th with “Good riddens “.
The correct way to write this is “Good riddance”.





I

Saturday, July 9, 2022

NY Supreme Court Rules That Teachers Accused of Submitting Fake Vaccination Cards Must Be Placed Back on Salary

 



re-posted from Advocatz.com:

Court Says “No” To NYC DOE Injunction That Keeps Teachers With Alleged “Fake” Vax Cards Off Salary

by Betsy Combier, Advocatz.com, July 8, 2022

Judge Arlene Bluth made an important precedent-setting decision today in the matter of the 82 teachers who were suddenly removed from salary on April 25, 2022  because the NYC Department of Education “believed” they had submitted fake vaccination cards when told to send proof of vaccination in September 2021 under the Citywide Vaccine Mandate. Why do I say precedent-setting? Because Judge Bluth said STOP to the Board of Education of the City of New York after they blatantly violated public policy, the UFT and CSA contracts, Constitutional rights under the Fourteenth Amendment, Education Law, as well as countless other state and City laws and rules, by placing 82 people off salary because of a “belief” in their guilt.

Imagine the angst of an employee being accused of committing a felony crime and suddenly placed on leave without pay without any proof or any other information, including when you will be able to tell someone you are innocent and get back on salary.

When I first heard about this I did not believe any of it. Also, Education Law 3020 is very clear on the Constitutional rights to due process:

” No person enjoying the benefits of tenure shall be disciplined or removed during a term of employment except for just cause and in accordance with the procedures specified in section three thousand twenty-a of this article or in accordance with alternate disciplinary procedures contained in a collective bargaining agreement.”

This tenure law was created to stop any principal from suddenly terminating anyone for some nonsensical petty reason.

When Mayoral control took over the NYC Department of Education, Mayor Bloomberg rented huge spaces in District offices around the City ( there were 8 in total, in Manhattan, Brooklyn, Queens, Staten Island, and the Bronx) where tenured educators were reassigned and suspended WITH pay sometimes for up to 15 years, while awaiting a 3020-a hearing or after being found guilty but not terminated at a hearing. These rooms became what is known as the “rubber rooms”. People sat in these rooms ON SALARY but suspended from their teaching duties.

On April 25, 2022 the NYC Department of Education went a step further and unilaterally placed 82 teachers on unpaid leave who had received one or two Pfizer vaccine shots at Wild Child in Amityville. Simply and astonishingly, these 82 people seemed to have been picked randomly and found guilty of the same allegation of wrong-doing as the people cited in a sting operation by the Suffolk County DA – see arrest in Suffolk County of Julie Devuono – because they went to the place of the crime.

This seems to me to be similar to someone going to a bank to withdraw money, and suddenly robbers arrive and try to rob the bank. The police see the innocent person and make a connection to the robbers, and arrest the person trying to get a withdrawal.

Beth Norton, UFT General Counsel

As soon as the April 19 notice of  pending leave without pay on April 25 was received, the UFT General Counsel Beth Norton (pictured above) wrote Liz Vladeck, General Counsel (pictured below) an email letter that basically said, “stop this ridiculousness immediately, and put all people back on salary until a due process hearing has been held.”

Liz Vladeck, NYC DOE General Counsel

On May 3 Beth Norton asked Arbitrator Martin Scheinman to intervene, and he agreed. He issued his Scheinman Award June 27 (see below) saying that the Department must put everyone back on salary until “guilt” is established:

“Leave without pay is an unusual outcome. Yet, I decided it was appropriate for employees whose requests for a medical or religious exemption were denied. This is because such employees intentionally decided to disregard the mandate they be vaccinated by September 27, 2021, the date established by Commissioner Chokshi and Mayor de Blasio.

Implicit in such a designation of leave without pay is the individual failed to comply with the vaccine mandate. Here, there is a dispute whether the employees did or did not comply. Without that being assessed, or at least submitting evidence to show a high likelihood of non-compliance, the predicate for placing an employee on leave without pay does not exist.”

The DOE immediately filed an Article 75 Appeal to keep all 82 teachers suspended without pay and without any due process, but on July 8, 2022 NY Supreme Court Judge Arlene Bluth decided the DOE was wrong. The DOE and UFT will have another chance to make their arguments to Judge Bluth on July 19, 2022.

Meanwhile, 30 of the 82 teachers could not wait for the UFT or DOE to give them the relief they desperately needed, to be placed back on salary. They sued the NYC DOE in Kings County Supreme on June 30, 2022. I helped them put the case into the very amazing hands of Attorney Chad Laveglia who I asked to comment on all of this and the Scheinman Award issued June 27. He said,

“These teachers followed every instruction they were given. They uploaded their vaccination cards as required. Seven months later, the DOE had the audacity to send them an email placing them on leave without pay.  Significantly, they did so in abrogation of the due process that these teachers are constitutionally and legally entitled to. Due process protects the innocent from determinations of guilt based on nothing more than the whims of the accuser. The DOE has no basis in fact or law to summarily discipline these teachers. The DOE’s arbitrary and unlawful actions will be rectified in court.”

Chad, I, and all the unfairly suspended teachers are awaiting the next Court date, and we are hopeful that the denial of Law by the DOE will be stopped, and everyone will placed back on salary with back pay and any other relief that is just. and proper – including their jobs back!

See the papers in the Article 75:

Board of Education of the City School District of the City of New York et al v. United Federation of Teachers, Local 2, AFT, AFL-CIO, et al

Index No. 451995/2022

PETITION

Vaccine Mandate August 24

April 19 email

Scheinman Sept 10 Award

Declaration of Impasse

UFT April 21 letter

DOE April 22 letter

UFT May 3 letter

DOE May 4 letter

UFT MAY 6 letter

DOE May 10 letter

UFT May 11 letter

Teachers CBA

2018 Memorandum of Agreement

Scheinman Sept 15 Award

DOE-ORDER_TO_SHOW_CAUSE

DOE Affirmation of Good Faith

Proof of Notice to Respondents

UFT MEMORANDUM_OF_LAW

Bluth signed-ORDER_TO_SHOW_CAUSE

Betsy Combier