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. 

 

 

 



 

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

On February 24, 2015, the New York City Department of Education held a mandatory meeting at Tweed for all arbitrators and all NYSUT and Department of Education attorneys who work on 3020-a cases in NYC.

New rules on how to proceed with 3020-a arbitration in NYC were discussed.
Among those rules, which have been told to me by 5 arbitrators, are:

1. speed up the cases by doing closing quickly the last day of testimony - do not allow any time for the Respondent to get the Respondent's transcripts.

2. No character witnesses

3. Only 10 minutes for a break off the record to create questions for a witness, not 20 as stated in the former agreement between the UFT and DOE.

4. allow no time after the last witness' testimony to make closing arguments, limit closing arguments to the specifications.


5. If a party wants to go off the record, the reason and time off the record must be stated on the record.

There are many violations of arbitration, law, and policy in New York City's 3020-a which harm Respondents if you do not know where the hidden obstacles are. I dont say this to urge charged employees to settle, I am posting my comments to show you what a secret minefield has been created that anyone can overcome, if the right defense is presented. No arbitrator wants his or her name in a lawsuit or in a newspaper or blog, and I never write about any person while they are going through a 3020-a. After the hearing, as a reporter, if there has been any wrong-doing or any violation of protected rights, I will post here.

One of my goals is to expose all the prejudicial and illegal policies which diminish and harm tenured DOE employees who are brought to 3020-a either for misconduct or incompetency.

I asked a lawyer that works with me on 3020-a to send the hosts of this meeting, Adam Ross, lawyer for the UFT, Claude Hersh (NYSUT NYC) and General Counsel Courtenaye Jackson-Chase, an email, asking to be invited as a private attorney who works on 3020-a. We were going to invite all private attorneys. Here is Claude Hersh's response::

From: Claude Hersh [mailto:chersh@nysutmail.org]

Sent: Tuesday, February 17, 2015 1:32 PM
To: 
Subject: Re: Meeting February 24th

Mr.

Adam Ross, the General Counsel of the UFT, and Courtenaye Jackson-Chase, the General Counsel of the DOE, are responsible for organizing the meeting.  They are aware of your request.

Claude I. Hersh

Thank you,

CLAUDE I. HERSH

Assistant General Counsel

New York State United Teachers

52 Broadway, 9th Floor

New York, New York 10004

212-533-6300

Fax: 212-228-9253

chersh@nysutmail.org

Here is Courtenaye's response:

From: Jackson-Chase Courtenaye [mailto: CJackson-Chase@schools.nyc.gov]

Sent: Wednesday, February 18, 2015 10:37 AM
To:  Lamont Naeemah; Brantley Laura; DaCosta Dennis; chersh@nysutmail.org; Adam Ross
Subject: RE: Meeting February 24th

Good morning ,

Unfortunately we have limited space for the meeting on the 24^th, but we will hold a briefing for private attorneys in the near future.

Thank you for writing,

Courtenaye Jackson-Chase

We never heard from her again, despite a follow-up email. So I filed a Freedom of Information request:

Betsy Combier, Editor / Reporter 

NYC RUBBER ROOM REPORTER

212-794-8902
                                                        betsy.combier@gmail.com                                                                                                                                                                                                                                         March 17, 2015

 Mr. Joseph A. Baranello

Central Records Access Officer

Office of the General Counsel
New York City Department of Education
52 Chambers Street
New York, NY 10007

JBaranello3@schools.nyc.gov
FOIL@schools.nyc.gov

Dear Mr. Baranello:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request to receive E-mail copies of:

1) any and all documents, letters, emails, agendas, videos, tapes, or any communications relating to invitations to the plenary meeting at Tweed on February 24, 2015 at 4:00PM.

2) All invitees to the February 24, 2015 meeting.

3)  All agendas, speakers and hosts of the February 24th 2015 4PM meeting at Tweed.

4) any and all written or recorded discussions, emails, notes, and correspondence with any participant at the meeting to/from any other participant who attended this 4PM meeting or attended another meeting either before or after the 4PM meeting.

5) any and all policy statements, directives, procedures or other information given out to any and all attending the meeting(s) at Tweed concerning this feb. 24th meeting.

If the records have been removed from their original locations, please cause a diligent search to be conducted of all appropriate file rooms and storage facilities.

If any record has been redacted, please identify which categories of information have been redacted, and cite the relevant statutory exemption(s).

If you have any questions relating to the specific record(s) or portion(s) being sought, please phone me at 212-794-8902 so that we may discuss them.

RELEVANT ADVISORY OPINIONS

www.dos.state.ny.us/coog/ftext/f13952.htm

www.dos.state.ny.us/coog/ftext/f14287.htm 

RELEVANT LOCAL LAW

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request.  Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly.  If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

                                                                   Sincerely,


                                                                   Betsy Combier

David never received any further information. But I received the acknowledgement below of my FOIL request from:

Alba Miosotis <MAlba6@schools.nyc.gov>	Mar 25 (6 days ago)
to me, Baranello, Beaufils

Ms. Combier,

Attached please find a letter concerning above-referenced FOIL request.

Mio Alba

NYC Department of Education

52 Chambers Street,

New York, N.Y. 10007

 and signed by the Records Access Officer, Joseph Baranello.

$29.95/hour is the lowest salary at Tweed? To download emails and redact?


Joseph Baranello is the very same person who sent angry emails out to his boss, Courtenaye Jackson-Chase, when I posted his facebook page and his improper, disrespectful comments about Santacon (see here as well) and the Jewish celebration of sukkot. So sad, that the FOIL office has to belittle people and is protected by the massive business known as the Department of Education. Joe should be reported to the NYC Bar.




Stay tuned.



Joseph Baranello