RE: FOIL Request For Records From the Secret Meeting Held At Tweed on 3020-a, February 24, 2015: Joe Baranello Says He Will Respond "Soon"

 

Joe Baranello

Dear Mr. Baranello,

It was very nice to hear your opinion on student privacy at the NYC Bar on May 26, 2015. I enjoyed reading all the materials from that event! By the way, I am confused about your new title, "Chief Privacy Officer" of the DOE. Are you still the Chief Records Access Officer? Maybe both?

See here:

"Student Data Privacy in an Online, Personalized Learning World

Tuesday, May 26, 2015, 7:00 pm - 9:00 pm
Please sign in to register.

City Bar members: Free
Non-members: $25
IAPP members: Click here to register

What are the privacy tradeoffs when schools use cloud-based adaptive learning tools? Does current federal law (FERPA, COPPA) provide a sufficient framework for safeguarding student privacy and information security? How can service providers to schools use student data, and when are they required to obtain parental consent? What kind of data is "Student Record" data, and what constitutes a "legitimate educational interest" under FERPA? When is it permissible to transfer or make Student Records accessible to other school districts or third parties? Are there tradeoffs between enhanced privacy and furthering research that can enhance education? Do adaptive learning tools provide real educational benefits or are they just hype? How do the ADA and IDEA apply in the context of these tools?

Moderator: Laura Himelstein, Education and the Law Committee Member

Speakers: Joseph A. Baranello, Chief Privacy Officer and Agency Counsel, New York City Department of Education; Professor Joel Reidenberg, Founding Academic Director, Center on Law and Information Policy; Li Reilly, Deputy General Counsel, Amplify Education, Inc.; Tina Sciocchetti, Executive Director for Test Security and Educator Integrity and Interim Chief Privacy; Officer, NYS Department of Education; Katherine Varker, Associate General Counsel, McGraw-Hill Education

Sponsored by: Committee on Education and the Law, Christine Raniga, Chair; Committee on Children and the Law, Meredith Hamsher, Chair; Committee on Information Technology, Joshua Graubart, Chair

Co-sponsored by: International Association of Privacy Professionals

NY CLE Credit: 2.0 professional practice"

 That being said, I am very appreciative of your information that when Courtenaye Jackson-Chase, the General Counsel, does not want/cannot answer an appeal of a Freedom of Information Law request (stated by you as "...in the absence of the General Counsel..."), the responsibility to issue a reply falls on First Deputy Counsel Judy Nathan rather than Chief Deputy Counsel Charity Guerra. See the email below.

 

Yet problems remain.

 

In your email you say you will get me the records sought in FOIL #11,129 "soon". I am so sorry to say that this word has no meaning for me, and I am currently suing you in NY State Supreme Court over your almost 2-year delay after I filed a FOIL request to obtain former Chancellor Dennis Walcott's contract, which similarly was on your supervisor's desk in your office. Respectfully, I must argue that soon is not soon at all, considering the fact that your boss, General Counsel Courtenaye Jackson-Chase, was the presenter at the February 24, 2015 meeting at Tweed on 3020-a proceedings and rules.

 However, this does not remedy the fact that the Office of the General Counsel to the NYC Department of Education has now violated §89(4)(a) of FOIL, which states, in relevant part:

"4. (a) Except as provided in subdivision five of this section, any person denied access to a record may within thirty days appeal in writing such denial to the head, chief executive or governing body of the entity, or the person therefor designated by such head, chief executive, or governing body, who shall within ten business days of the receipt of such appeal fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought." 

In good faith, I will extend my prior Notice of Claim filing date to June 6, 2015.

Please give me the full price for all the original emails, documents, etc., used/sent/handed out at the February 24, 2015 meeting cited in FOIL #11,129 no later than June 2, 2015, at 5 PM.

Please be advised that Penal Law §240.65 states:"A person is guilty of unlawful prevention of public access to records when, with intent to prevent the public inspection of a record pursuant to article six of the public officers law, he willfully conceals or destroys any such record. Unlawful prevention of public access to records is a violation."  

 

Please further be advised that FOIL §89(8) states:

"8. Any person who, with intent to prevent public inspection of a record pursuant to this article, willfully conceals or destroys any such record shall be guilty of a violation."

 If I do not get the documents  by June 4, 2015, I will assume that you are knowingly and deliberately hiding the records. In that case, you will be forcing me to pursue all my legal remedies.

A person is guilty of unlawful prevention of public access to records when, with intent to prevent the public inspection of a record pursuant to article six of the public officers law, he willfully conceals or destroys any such record. Unlawful prevention of public access to records is a violation. - See more at: http://codes.lp.findlaw.com/nycode/PEN/THREE/N/240/240.65#sthash.lDtXEoVJ.dpuf, 

Respectfully,

Betsy Combier

I responded to the email I received from Mr. Baranello on May 28, 2015:

 

Baranello Joseph	May 28 (3 days ago)
to me, Jackson-Chase

 

Dear Ms. Combier,

 

In response to your inquiry, I expect to have a response to you soon.  In addition, to address a question you raised in previous correspondence, it is my understanding that the position of Chief Deputy Counsel was created in 2006. Please note that as long as I can recall, in the absence of the General Counsel, the designated Records Access Appeals Officer has always been the First Deputy Counsel (i.e., Judy Nathan) and not the Chief Deputy Counsel (i.e. (and in order since my start with the DOE in 2009), Courtenaye Jackson-Chase, Tracy Cooney and Charity Guerra). 

 

Sincerely,

 

Joseph A. Baranello

Central Records Access Officer and Agency Counsel

New York City Department of Education

52 Chambers St.

New York, NY 10007

 

From: Betsy Combier <betsy.combier@gmail.com>
Date: May 27, 2015 at 12:10:50 AM EDT
To: <jnathan@schools.nyc.gov>, Baranello Joseph <JBaranello3@schools.nyc.gov>, Betsy Combier <betsy.combier@gmail.com>, Jackson-Chase Courtenaye <cjackson-chase@schools.nyc.gov>
Cc: <rfreeman@dos.state.ny.us>
Subject: FOIL #11,129

Dear Ms. Nathan, Mr. Baranello, and Ms. Jackson Chase:

 

On March  17, 2015  I filed a FOIL request for all the documents , emails, etc., that were used or handed out to all NYSUT and DOE Attorneys, all Arbitrators and any other attendees at your February 24, 2015 meeting on 3020-a arbitration.

 

You are playing games with the rights I have to receive this information by delaying any response, even my latest appeal, filed with you May 9.  I agreed weeks ago to pay for the documents. It was your meeting, held in your offices!

 

This email serves as Notice: on Monday June 1, 2015 I will be forced to file an Article 78 against you and your deliberate delay. I will also file a Notice of Claim to highlight the disparate treatment which seems to be a personal attack on me and my advocacy.

 

Please resolve this before it goes any further and give me the information I have requested.

 

Respectfully,

 

Betsy Combier

Once Again, Betsy Combier Questions the Delay in Getting Information About the Feb. 24, 2015 Plenary Meeting About 3020-a Prosecution by the DOE

Judy Nathan

First Deputy Counsel at NYC Department of Education
Greater New York City Area
Education Management

Education	Cornell University

 Experience

First Deputy Counsel

NYC Department of Education

April 1999 – Present (16 years 2 months)       

WEDDINGS; Judy Nathan, Andrew Fusco
Published: November 11, 2001 

General Practice Unit FOIL Attorney

Tracking Code

7101

Job Description

(Those who previously applied need not re-apply)

Position Summary:  Under the direction of the Deputy Counsel of the Department of Education’s (DOE) Legal Services General Practice Unit, the attorney engages in difficult and complex legal work having significant financial, procedural or policy consequences. Performs related work.

Reports to: Deputy Counsel, General Practice Unit

Direct Reports: N/A

RESPONSIBILITIES

Freedom of Information Law (FOIL) Responsibilities

• Coordinates with and assists the Central Records Access Officer (CRAO) in implementing Department policy and legal mandates related to FOIL requests.
• Handles FOIL requests and appeals.
• Communicates with the press, government officials and other individuals on actual or potential requests and coordinates press requests with the Office of Communications and Media Relations.
• Provides ongoing technical assistance to DOE staff. Manages formal staff development, where needed.
• Maintains and utilizes an office database to monitor compliance, e.g., timeliness of responses, appropriateness of released materials, etc.
• Makes recommendations to the CRAO regarding FOIL appeals and assists with document redactions, as needed.

 Subpoena, Records Retention and Other Records-Related Responsibilities

 Provides ongoing technical assistance on various subpoena and records issues, including FERPA, discovery demands for tort litigation and records retention, and assists with the supervision of the Subpoena Unit.

Prepares documents in response to court orders on subpoenas, and appears in court if needed.

Coordinates with the NYC Law Department on strategy, papers and discovery in related litigation and recommends settlements and adjustments.

Drafts rules and regulations for the Department of Education.

 General Practice Unit Responsibilities

Represents the DOE in employment discrimination cases and administrative hearings; provides advice on education law.

Prepares Chancellor’s rulings on various grievance appeals and student suspension appeals.

Coordinates with the Corporation Counsel’s office on papers and discovery in litigated cases, e.g., Article 78 cases involving termination and Title VII cases.

Works on major class actions and policy initiatives.

Interprets and responds to issues handled by the General Practice Unit including governance, FMLA, ADA, charter schools, student records, dress code, religious accommodations, search and seizure, after-school use of facilities, immunization, compulsory education, health issues, school trips, and home schooling.

Confers with subject matter specialists, technical experts, and other attorneys, including counsel for litigants.

Recommends settlements and adjustments.

Conducts legal investigations and examines prospective witnesses.

Drafts rules and regulations for the Department of Education.

Analyzes and reports on the effects of city, state, and federal legislation.

Qualification Requirements:

Minimum:

Admission to the New York State Bar AND three (3) years of progressively responsible United States legal experience subsequent to admission to any state bar.

 Preferred 

• Ability to rapidly understand provisions of applicable law and regulations.
• Ability to write clearly and concisely.
• Ability to conduct legal research efficiently.

 Salary: $85,000+ 

Please include a resume and cover letter with your application.

Resumes will be reviewed on an ongoing basis. We encourage applicants to apply as soon as possible. 

NOTE: The filling of all positions is subject to budget availability and/or grant funding. 

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation.  Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website at http://schools.nyc.gov/OEO

 

 

 

Once Again, Betsy Combier Questions the Delay in Getting Information About the Feb. 24, 2015 Plenary Meeting About 3020-a Prosecution by the DOE

Betsy in her office at the UFT, 16th floor, 52 Broadway circa 2009

 

As many of you know, I filed a Freedom of Information request to the DOE FOIL office, headed by Joe Baranello, for information about what has become a "secret policy meeting" for 3020-a arbitration:.
Betsy Combier Files a Freedom of Information Request to Obtain the Information Given Out At The NYC DOE February 24, 2015 Secret Meeting on 3020-a Hearings

Joe Baranello and His New Facebook Comment on the City, as Well as His Refusal to Answer Betsy Combier's FOIL Request #11,129

Another Request Sent By Betsy Combier Concerning F11,129 For Records of the Mandatory 3020-a Meeting Held on February 24, 2015

 

Betsy Combier Asks FOIL Officer Joe BaranelloTo Clarify the Fees of $29.95/hr For F11,129

http://nycrubberroomreporter.blogspot.com/2015/04/betsy-combier-asks-foil-officer-joe.html

 

Joe Baranello Says Pay or You Dont Get To Play (F11,129)

 

You are probably wondering why I am posting all of my requests for information relating to the February 24, 2015 plenary meeting held at Tweed, NYC Department of Education headquarters for all NYSUT and DOE Attorneys as well as all the NYC 3020-a arbitrators.

After investigating the procedures used at 3020-a for the past 12 years, and now working as a paralegal/advocate for Respondents charged with 3020-a, I need to know what the current policies are for 3020-a according to the "Star Chamber" folk.

One of the private Attorneys who works with me on 3020-a cases for almost 5 years asked the DOE General Counsel, Courtenaye Jackson-Chase, if we could attend the February meeting, and she told us that no, there was no space, and there would be another meeting for private attorneys at another time. That was the last we heard. Can we, the general public accept the fact that there is too much secrecy surrounding 3020-a and getting good people charged with frivolous charges?

 The fact that the public has been shut out of how DOE employees brought to 3020-a are to be prosecuted is alarming.

On May 8, 2015 I received an answer from First General Counsel Judy Nathan to my appeal of the denial of access to the information about the plenary meeting and about the fees. See below for the email reply from Ms. Nathan as well as my response to her, sent May 9, 2015:

 

May 9, 2015

Dear Ms. Nathan,

 

Thank you for the timely reply.

Ms. Nathan, your title is "First Deputy Counsel," and  you are listed underneath Charity Guerra, whose title is "Chief Deputy Counsel."

Please see the "Contacts" listing below.

I copied it from the Office of the General Counsel page on the website of the NYC DOE.

http://schools.nyc.gov/Offices/GeneralCounsel/default.htm
Contacts 

Courtenaye Jackson-Chase, General Counsel

Charity Guerra, Chief Deputy
CounselCGuerra7@schools.nyc.gov

Judy Nathan, First Deputy
CounselJNathan@schools.nyc.gov

(Please note that General Counsel Courtenaye Jackson-Chase's email address was omitted from the "Contacts" listing on the webpage, so I will put it here:

cjackson-chase@schools.nyc.gov)
I am concerned about your attached May 8, 2015 denial of my appeal, for the following reasons:

General Counsel Courtenaye Jackson-Chase and Chief Deputy Counsel Charity Guerra know very well that I have the facts on Ms. Guerra's jumping from the CSA to the DOE while defending a principal against the DOE in front of Arbitrator Joel Douglas.  I believe that your denial of my appeal is directly related to my knowledge about that case.  (Respondent J.K.)

And, I am currently suing Joseph A. Baranello, Esq., for FOIL violations.  I am in the New York State Supreme Court and my complaint concerns unreasonable delays by Mr. Baranello and his office when I requested the contract of former Chancellor Dennis Walcott.  I received nothing for almost two years. 

 

 

You state in your letter that my appeal is denied.

 

What part of my appeal is denied?  The part asking for a specific fee for records, which you now say you will give me a "cost breakdown" of (with respect to hard copies and/or recordings) "prior to the duplication and preparation"?  I think I won that point.

 

 

Or are you denying that the highest-ranking attorney in the Office of the General Counsel, Courtenaye Jackson-Chase, Esq., at your location, held the meeting that I am requesting documents for, and that all the documents are physically located in the Office of the General Counsel?

I think we are both aware that General Counsel Courtenaye Jackson-Chase (Chief Deputy Counsel Charity Guerra's boss, and, therefore, yours as well) was the person who headlined the meeting on February 24, 2015, and obviously has all the documents I am requesting.  I noticed that although I appealed to Ms. Jackson-Chase (who is also Joseph A. Baranello, Esq.'s boss, as well as being the same person who hired Charity Guerra, Esq., while she was defending Respondent J.K. against the DOE for CSA), she is not copied on the letter of "denial" of my appeal.  Why is that?

I am also quite concerned about your statements below:
 

"However, at this time the exact volume of responsive hard copy records and/or recordings remains unclear.  Once these records are located and reviewed, I direct the CRAO to provide a cost breakdown to you based on record type prior to the duplication and preparation of these records."

On March 17, 2015, I filed a freedom of information request for the documents, emails, videos, and all other relevant information concerning the February 24, 2015 meeting held in your office by Courtenaye Jackson-Chase and Adam Ross, UFT Attorney. The meeting is not for DOE personnel only, but the many different groups involved in NYC 3020-a arbitration. Two months later, you are claiming that you have no idea how many documents and/or recordings exist, and have to locate them. Did you ask Ms. Jackson-Chase?

Can you please spend five minutes on getting the documents and recordings I request from General Counsel Courtenaye Jackson-Chase, and let me know within the next five business days?  If not, why not?

I will then pay $.25/page and the cost of the CD.

Or, in the alternative, I suggest that the FOIL Unit use a file-sharing service such as www.dropbox.com to eliminate the need for a CD.

Here is some information about the service:

http://en.wikipedia.org/wiki/Dropbox_%28service%29

 

Please clarify all of this for me, as I remain confused, and see only deliberate delay once again.

 

Thank you,

Betsy Combier

betsy.combier@gmail.com
ADVOCATZ    
www.parentadvocates.org    
NYC Rubber Room Reporter
www.nycrubberroomreporter.blogspot.com

cc:  Courtenaye Jackson-Chase, Esq.
      Joseph A. Baranello, Esq.
       Robert J. Freeman, Esq.