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Showing posts with label secrecy. Show all posts
Showing posts with label secrecy. Show all posts

Friday, July 15, 2022

Mayor Eric Adams Plays a Joke on New York

 re-posted from NYC Public Voice:


Mayor Eric Adams and Phil Banks, his deputy mayor for public safety, nestled their offices within 375 Pearl St., commonly known as the Verizon Building (center). | Spencer Platt/Getty Images

Are New Yorkers getting the joke made by Eric Adams when he plays "Mayor"? I guess some do because we see it every day on TV, social media, and in the newspapers. Eric Adams is not serious about his position as the chief politician of the City of New York and certainly does not belong as the CEO of the NYC Department of Education (NYC has Mayoral control of the NYC DOE).

See my Who Are You Kidding Award.

He says he is fixing or will fix the rising deadly crime rate in New York City. Good. But what is he waiting for? How many innocent victims have to die for him to take action? We do not know.


He implements a so-called "safety" protocol where he fires thousands of city workers (policemen and women, fire professionals, educators) because they are not vaccinated and will not allow any exemptions (don't be fooled by a scam hearing where an arbitrator decides the outcome/denial before the hearing starts).

And he allows his friend and colleague Chancellor David Banks to take 55 DOE employees to a nice hotel in Orlando Florida for some fun - oops, I mean work - learning STEM techniques. Because we don't have any programs like that in NYC.

Recall of elected officials is not permitted in New York, but I'd vote for any legislation that would bring a recall option to NYC.


Get Adams a spot on SNL, or give him a comedy show to star in. Anything but a position in political office, where he has access to public funds and may represent people who are serious about helping NYC be a better place to live and work.


I'm sure that New Yorkers will be holding Eric Adams and his willing partners - Chancellor Banks is one - accountable for their actions. This calls for an Award from my Foundation:

We do that.

 Betsy Combier

by Susan Edelman and Cayla Bamberger, NY POST, July 16, 2022

The Department of Education sent 55 staffers, including Chancellor David Banks, to a four-day conference on STEM education at a swanky hotel near Universal Studios in Orlando last week — even as its schools are facing devastating budget cuts.



The Department of Education says some of the costs of its Florida trip will be covered by a grant.
Twitter / STEM Leadership Alliance

The DOE said it expects to pay about $50,000 to cover “travel and other expenses,” but the final price tag to taxpayers won’t be clear until the staffers file for reimbursement.

Conference organizers said New York City and other school districts purchased $2,750 memberships in the Global STEM Leadership Alliance. That covered participation in the summit Sunday to Thursday, an “extremely discounted” rate of $259-a-night at the 4-star Loews Portofino Bay Hotel, breakfast and lunch, as well as webinars and professional development year-round.

That cost would total a maximum $151,250 for all 55 city attendees. Some expenses were covered by a grant, according to the DOE, which would not specify how much.

“So while the plebes subsist on bread and water, our DOE colleagues enjoy the best the Loews has to offer,” a school administrator in New York griped.

Kelli List Wells, executive director of the STEM Leadership Alliance, said Orlando has been the site of the conference, which attracts educators in other states and around the world, since 2004. “It’s the most cost-efficient place to do it,” she said.

The 55 DOE employees, most from schools in the Bronx and Upper Manhattan, were among 175 attendees at the summit, List Wells said.

Banks, four district superintendents, and more than a dozen administrators and teachers spoke at the event, which focused on teaching science, technology, engineering and math.

The Loews Portofino Bay resort, a 15-minute stroll to the Universal Studios theme park, boasts a spa for massages, body treatments, and facials; three outdoor swimming pools, including a poolside bar and water slide; a sauna; and four restaurants and two lounges.

On Sunday night, Banks headlined a pre-conference “Member Only Reception” hosted by DOE vendor Sussman Education, a group of New York publishers and EdTech providers, with a musical performance by Joya Bravo, the agenda shows.


District 4 Superintendent Dr. Kristy De La Cruz (far right) posts a selfie with fellow DOE staffers.
Twitter / STEM Leadership Alliance


“It sounds like it was a party for them — more of a social thing than a professional thing,” said a Brooklyn principal who did not attend.

List Wells said the educators spent long days and evenings collaborating on ways to integrate science in all grade levels and subjects. The conference, which featured speakers from NASA, focused on teaching about the construction of habitat on the moon, among other topics, she said.

The jaunt came as turmoil over hundreds of millions of dollars slashed from school budgets reached a fever pitch. Advocates heckled Mayor Eric Adams at a public safety event on Monday, leaving him without his chancellor to answer for the cuts that the City Council adopted, then denounced. Adams blamed a city funding formula on Albany.

The $259-a-night hotel rate exceeds the $129-per-day limit that the city places on lodging on trips, following federal guidelines for Orlando. DOE officials had no comment on the discrepancy.

“We will not apologize for educators attending professional development sessions their principals, and school leaders deem valuable,” said DOE spokeswoman Jenna Lyle.

“We want our teachers to develop a tool belt of best practices from innovative educators across the country and bring those skills back to our schools,” she said.

Other DOE staffers felt differently.

“Stay at a Motel 6 or something,” said a Manhattan middle school teacher who last month was “excessed,” or let go from the former school due to fewer students enrolled.

“At a time where we’re cutting resources for students to get STEM education, to do science experiments and take field trips, this money is going toward adults,” she added. “Money should always be going toward student experiences in the classroom and outside of the classroom — not toward adults off on vacation.”

The DOE said that principals, who control how they spend their own school budgets, can send their staffers to training conferences. Officials would not say if staffers were on salary for the conference.

Free airfare to Orlando was provided by Southwest Airlines, officials said.

Some costs were covered by a grant from the National Association for the Advancement of Colored People for schools in Upper Manhattan’s District 6, which has a multi-year partnership with the NAACP focused on STEM education, the DOE added, without specifying the sum. NAACP President Hazel Dukes attended the event.

“New York City public schools are national leaders in innovative STEM education, and we are proud that Chancellor Banks had the opportunity to share our successes with educators from across the country,” said Lyle.


ERIC ADAMS HAS A SECRET OFFICE

The yet-unreported workspace is the latest example of the fledgling mayor fiercely guarding his privacy as he acclimates to one of the most public political jobs in America.



NEW YORK — Mayor Eric Adams and a top deputy have outfitted offices in a highly secure tower near the foot of the Brooklyn Bridge, availing themselves of a private hideout with sweeping skyline views that’s both minutes and worlds away from the bustle of City Hall.

The yet-unreported workspace is the latest example of the fledgling mayor fiercely guarding his privacy as he acclimates to one of the most public political jobs in America.

Adams and Phil Banks, his deputy mayor for public safety, nestled their offices within 375 Pearl St., a 32-story structure commonly known as the Verizon Building that declares itself “the most secure and resilient building in Manhattan,” according to interviews with 15 people who work in and around city government and are aware of the arrangement. The setup offers them what City Hall cannot: A covert space away from the prying eyes of City Council members, reporters and employees who work in the building and can spot much of the activity within.

The mayor already has a private office in City Hall, as do deputy mayors and a few top staffers. Most other employees either work in the “bullpen,” an open space that Mike Bloomberg instituted after becoming mayor 20 years ago, or offices in the basement.

And while City Hall is open to the public, visitors must enter through a metal detector at an exterior gate and are often asked by the NYPD to provide a rationale for their attendance.

Banks and Adams decided shortly after taking office in January to set up shop in the private building, where the NYPD, Human Resources Administration and finance and sanitation agencies lease space. The mayor occasionally occupies an executive office and conference room previously allotted to the city Department of Finance on the 30th floor of the 300,000-square-foot building.

The tower boasts panoramic views of Manhattan, the New York Harbor and the city’s East River bridges that put landlocked City Hall’s vista to shame.

“I love the water,” Adams said in January about the East River-adjacent mayoral home Gracie Mansion. “You take the water views away, I wouldn’t be in there.”

A spokesperson said he has only been to the site “less than a handful of times” and emphasized its proximity to 1 Police Plaza, given Adams’ focus on reducing crime. The aide did not answer questions about whether the space was renovated once Adams took office and which other staffers have shown up there, but said no one outside city government works from the building.

Those familiar with the arrangement, all of whom would only speak on the condition of anonymity, said the Pearl Street address is Banks’ primary workspace, while Adams occasionally seeks respite there — though his trips to the clandestine office have never appeared on his public schedule.

The secret sanctum also gives Adams and Banks closer access to the NYPD.

The building, which is owned by Sabey Data Center Properties, also has a parking garage, and its website boasts of “controlled street and loading dock access.” The arrangement allows the mayor to slip in unnoticed and head directly to his office, which has floor-to-ceiling windows providing expansive city views.

“It’s hidden away; cars can’t roll through here,” said one person who works in City Hall. Others remarked on his penchant for privacy, which became a flashpoint in the mayoral campaign last year as POLITICO and other outlets dug up details on his unconventional living situation.

Political activity, such as fundraising, is not allowed to take place in government offices, so it’s not uncommon for mayors to seek space away from City Hall to conduct that type of work. In his early days as mayor, Bill de Blasio occasionally carried out political affairs in the offices of his former consulting firm, BerlinRosen.

De Blasio was also known to call donors from his favorite haunt, Brooklyn’s Bar Toto, and often ordered staff to Gracie Mansion, the official residence offered to city mayors, for planning meetings. Ed Koch and Rudy Giuliani at times conducted private government talks in a basement office of City Hall, according to one former administration official. And Bloomberg, a multibillionaire who maintained his own residence as mayor, had ample options for working elsewhere.

But mayors do not typically carve out off-site offices for official business, and Adams already has a stable of venues for politicking, including high-end bars and restaurants where he regularly meets with friends, donors and people who have business interests before his administration.

The Pearl Street edifice, which bears a red and black Verizon logo on its exterior, was built for the New York Telephone Company in 1975. It underwent a renovation in 2016, and its website now describes it as a posh, modern space with premium security.

“Flexible floor plate with endless potential. Unparalleled light and views in all directions. Power for any task,” the site reads. It ends the description inviting potential tenants to “step into the machine. Take control.”

Ironically, when asked on Sunday what he would change about working in City Hall, Adams suggested even closer quarters with the dedicated press corps that operates out of the public building’s “Room 9.” He reasoned that more visibility into his administration might yield better coverage of his achievements on crime-fighting, summer jobs for teens and screening students for dyslexia.

“So I think that if there’s one thing I would change, I would move Room 9 closer to my office,” he said, “so they can see how we’re doing some good stuff.”

On Wednesday, Adams said he had the “brilliant smart idea” of outfitting the office with cubicles for city staffers. He told reporters he’d been there no more than four times and bristled at reporting on his use of the highly secure, private building.

“How can a city location be an undisclosed location?” he said. “That’s just not making any sense.”

Georgia Rosenberg and Julian Shen-Berro contributed to this report.



From tweaked tax returns to ethics advice given to top officials, the current mayor is breaking from predecessors’ practice of releasing records — and from his own promises to be open with New Yorkers.

BY GREG B. SMITH AND YOAV GONEN
APR 20, 2022, 7:56PM EDT

Mayor Eric Adams has declared “there is nothing more important” to him than transparency, but when it comes to thorny issues like his personal taxes or potential conflicts of interest within his administration, his record to date is cloudy.

Last year THE CITY noted that tax forms he’d filed with the IRS in prior years raised questions about whether he’d improperly written off repairs to his personal apartment. In response, he promised to file amended forms and make them public to clear the air.

To date he’s provided no evidence that he did that.

Then THE CITY discovered he’d failed to file the required gift tax form over a co-op he claimed he’d “gifted” years ago to a friend. Again he vowed all the required paperwork would be mailed out to the IRS pronto and disclosed to New Yorkers.

Again he’s released no proof that he did what he promised to do.

On Tuesday, after initially saying he would not make his tax returns public — even though mayors have done so for decades — Adams promised to release “tax information.” He gave no date for doing so and declined to describe what “information” he planned to release.

Then there’s Adams’ refusal to make public advice the city Conflicts of Interest Board (COIB) has given his top appointees on potential conflicts they face as city employees.

Incoming staff often request advice so they can avoid ethical pitfalls involving prior employers or other relationships. Adams’ predecessor, Bill de Blasio, for the most part publicly disclosed conflict-of-interest advice letters sent to his top staff.

Adams, in contrast, refuses to do that, insisting that advice about potential conflicts among top staff is private.

De Blasio also routinely updated a published weekly schedule of his meetings with lobbyists, a protocol he implemented after criticism grew regarding his interactions with lobbyists who represented donors to a controversial nonprofit he once controlled, the Campaign for One New York.

As reported last month by PoliticoNY, Adams has said he has no intention of posting any such list. To date he has not explained why.

John Kaehny, director of the non-partisan government ethics group Reinvent Albany, said Tuesday Adams should release his tax forms and disclose any Conflicts of Interest Board letters of advice sent to his top appointees to assure the public that their interests are being properly represented by City Hall.

“I’ve never heard that a person running for mayor or governor doesn’t say they’ll be the most transparent ever,” he said. “Overall the top elected officials have to be way more transparent about their finances than the average person does because they have so much power. That’s part of the trade-off: you get a lot of power, you have to have a lot of disclosure.”

‘Free Speech and Transparency’ Order

Before he arrived at City Hall, Adams spelled out his promised commitment to public disclosure repeatedly. When he announced the appointment of Brendan McGuire in December as his counsel, for example, he tweeted, “There is nothing more important to me than accountability, transparency and effective governance.”

A month into his tenure, Adams signed Executive Order 6 entitled “Protecting and Facilitating Free Speech and Transparency.” Among other things, the order enshrined the concept of full public disclosure and stated, “A free society is best maintained when the public is aware of and has access to government actions and documents, and the more open a government is with its people, the greater the understanding and participation of the public in government.”

Disclosure of personal tax forms is not required, but mayors dating back at least to Ed Koch have made them public, albeit to differing degrees. Mike Bloomberg, for instance, who was mayor but also a billionaire, heavily redacted the forms he released to the press. The point was to allow the public to get a clear picture of their mayor and his or her personal financial interests and pressures.

In Adams’ case, past history indicates he has filed forms that raise more questions than answers.

Adams’ tax-related questions center on the income he receives and the expenses he makes as the owner of two Brooklyn properties. He owns a townhouse on Lafayette Avenue and, in years past, co-owned a unit in a co-op on Prospect Place.

Last year, Adams promised to amend his filings over questions of whether he improperly wrote off repairs for his own residence he claimed in the Lafayette Avenue townhouse.

As THE CITY reported at the time, on forms he filed with the IRS from 2017 through 2019, Adams claimed he lived zero days at the address. To the public, he claimed he’d been living there the whole time.

The filings appear to show that he wrote off repairs to the entire building — including improperly writing off fix-ups of the apartment where he told the public he was living. He blamed his accountant, and promised to update the IRS. As of Wednesday, Adams had yet to produce documentation of such a filing.

THE CITY also raised questions about his co-ownership of a Brooklyn co-op that he wasn’t documenting on the annual financial disclosure forms he was required to file as a state senator and then as Brooklyn Borough President.

Confronted about this, he claimed he’d actually given away his shares of the co-op to the woman with whom he owned it. He provided a one-page letter dated Feb. 9, 2007, as documentation of this, but THE CITY found records indicating he was still listed as a co-owner well into 2021.

If he in fact gifted the property to his friend, he would be required to file a gift tax form — but he admitted that he did not. After THE CITY identified the omission, he promised to amend his prior forms, but as of Wednesday he had yet to produce documentation that he had done so.

On Friday, Adams said “no” when asked if he’d commit to releasing his most recent tax forms for 2021. On Tuesday he reversed course somewhat, saying he now planned to release unspecified “tax information” at a non-specific time in the future. He would not say if that would include his actual tax forms.

Mayoral spokesperson Fabian Levy did not respond to THE CITY’s request to see documentation of Adams’ promised amendment clarifying the apartment repair write-offs in prior years and a gift tax filing regarding the co-op. Levy told the New York Times that the mayor requested an extension on his 2021 filing last week as he was quarantining with COVID. That gives him months to release whatever “tax information” he plans to release.

Norman Siegel, a veteran civil rights attorney and longtime advisor to Adams, said the mayor should provide the requested documentation on prior year filings, stating, “If any elected official says they’re going to provide an amended complaint or form, you need to hold them accountable for that.”

Siegel was at Adams’ side when the mayor announced his free speech executive order.

He added that he was optimistic regarding the mayor’s promise to release “tax information” about his latest filing. “I’m in favor of transparency,” Siegel stated. “I’m hoping that Mayor Adams provides the tax information consistent with prior mayors. It does now appear that he’s moving in that direction. That’s positive.”
Refusal to Release Records

Another key issue is Adams’ refusal to disclose the advice letters the Conflict of Interest Board (COIB) has provided to members of his cabinet to guide them on how to avoid conflicts — a refusal that reverses the policy of his predecessor, de Blasio.

When de Blasio first arrived at City Hall in January 2014, he made public a COIB letter advising his newly appointed deputy mayor for housing, Alicia Glen, who had left a job at Goldman Sachs where she’d made investments in affordable housing projects. He also released a COIB letter for his new Housing Commissioner Vicki Been, who had previously run a real estate think tank at New York University called the Furman Center.

And de Blasio selectively released advice letters he himself received from COIB over two issues: His solicitation of money from entities doing business with City Hall for his non-profit, Campaign for One New York, and whether he had to reimburse the taxpayers for his use of an NYPD police detail during his brief and unsuccessful run for president.

When THE CITY requested the same kind of COIB advice letters for Adams’ top level appointees, the mayor refused to turn them over. The City Hall legal team argued that they were protected from disclosure under the lawyer-client privilege, and were exempt from release under the Freedom of Information Law as inter-agency communications.

Last week, THE CITY appealed that rejection and awaits City Hall’s response.

Recipients of these letters are free to release them if they choose. One of Adams’ top appointees, Department of Investigation Commissioner Jocelyn Strauber, provided THE CITY with a copy of her own without hesitation.

The letter advised that her membership on the board of a nonprofit called Publicolor, which has pending contracts with the city Department of Education, could present potential conflicts.

During a February City Council hearing on her confirmation, Strauber said she planned to resign from that position, stating, “I want to be very clear in my views on this. I have resigned from or committed to resign from the Publicolor...board in light of initial indications from the Conflicts of Interest Board that that’s a complicated situation to manage given the many touchpoints with the city.”

The COIB letter also made clear to her that she did not have to resign from the board of a private school, but in the interests of eliminating all appearance of potential conflict, she decided to step down from the position, too.

Thursday, June 10, 2021

The End of the Absent Teacher Reserve Pool - For "Excessed" Employees

 

rubber room at 333 7th Avenue, Manhattan

rubber room, Ozone Park, Queens N.Y.

Who can define an "excessed employee" in real terms?

The Absent Teacher Reserve pool is a unique group of educators who are given jobs as nomad temporary substitute teachers/assistant principals/staff and are used by principals to cover absences or illness of permanent staff as if they were per diem employees, but they get their regular salary and stay in one school for longer than a day. ATRs have no chapter and do not elect a chapter leader. The UFT contract does not give them any rights, and the NYCDOE takes full advantage of this to place ATR educators out of license and even out of their district. This never made any sense. 

Educators Linger in the Misunderstood ‘Teacher Reserve,’ a Byproduct of School Reforms

Absent Teacher's Reserve Agreement Reached


Absent Teacher Reserves (ATRs) Become a NYC Budget Battle Issue

When this title was created in 2005, there was, as usual, a total lack of thinking by anyone at the UFT, CSA, or NYCDOE. The articles being posted by media about how the ATR pool is supposedly ending are very muddled because reporters seldom understand the depth of deceit and outright lies that the NYCDOE comes out with on a daily basis. This is deliberate, by the way. 

The ATR pool is not the rubber room.

I studied international secrecy strategies and whistleblower laws while doing graduate studies at Johns Hopkins' SAIS. Government deceit and keeping secrets are strategies used by governments all the time. (See TRAC). I love this description of the coverups of the Julian Assange whistleblower case:

"It remains illegal to classify information “to conceal inefficiency, violations of law, or administrative error; to prevent embarrassment to a person, organization, or agency.” Presumably that includes war crimes. Yet the secretive among us are classifying fifty million items a year, a perpetual fog machine."

That's the DOE, UFT, and CSA: "perpetual fog machines".

The Teacher Hiring Support Center got it right:

Teachers in the Absent Teacher Reserve (ATR)

"Teachers are often confused about the difference between being a teacher in excess and being part of the ATR.  ATRs are excessed teachers who do not find a permanent position at a school by the time the next school year begins.  Teachers in excess do not have to become ATRs. In fact, becoming an ATR is risky.  For example:

- If you do not obtain a fully appointed teaching position by the beginning of the school year, you will be placed into a rotation assignment as a member of the ATR pool.  The placement will be made under the collective bargaining agreement, but the assignment will be done centrally and you will have no control over the schools into which you are placed. 

- If you are in fact teaching in a full-time teaching program at a school while you are still in fact a member of the ATR pool, the central NYCDOE policy can still assign you to another school at any time.  Because you are not on the school's budget, the principal cannot guarantee your security. [Top of Page]"

I need to add that since 2012, whenever a teacher won his/her 3020-a with a reprimand or suspension (but no termination), this person was automatically made an ATR.
 

There are so many ways that this dumping procedure is not fair to anyone: an ATR teacher certified to teach math can be placed into a vacancy for a month as a teacher for a high school social studies class; or, a Guidance Counselor can be placed into a vacancy to teach math for a week. If the ATR educator was actually not an ATR but a per diem, then they could have the students review a report or look at a video during the class to take up the time, because they do not know how to teach a class and don't have to worry about being rated and fired. 

But an ATR who is a tenured person can be evaluated while in the class teaching a content area that they know nothing about. ATRs are rated "S/U" (satisfactory/unsatisfactory)under the rating system described in Teaching For the 20th Century,  This is good, in my opinion, because the NYSED rating system ("HEDI" - highly effective, effective, developing, and ineffective ) is a fog machine at work, clearly, or at least the way the NYCDOE uses it. I've heard that Charlotte Danielson herself doesn't like what the NYC DOE is doing. 

You cannot understand this nonsense unless you understand that this waste of human capital and public money both fit into the bigger policy of the removal of highly paid tenured educators from their regular teaching/admin. position whenever a principal wanted the person gone for any number of reasons, often having nothing to do with the actual pedagogy or skills of the person reassigned or "excessed".  Tenured and non-tenured educators who are 'excessed' became part of the muddle in the planned displacement of employees, as if people were things.

Then in 2012 I was doing a 3020-a, and a DOE Attorney told me that a new policy was set up where anyone who was not terminated would be automatically placed into the ATR pool. I asked where this was written down, and heard it was not in writing, it was "just the way it is."

The temporary reassignment centers, or 'rubber rooms' ("TRC"s I called them when I worked at the UFT) are another part of the same so-called 'solution' to the main issue Bloomberg hoped to resolve (with the inexplicable help of Randi Weingarten at the UFT and David Grandwetter, General Counsel of the CSA) which was and is today as follows:

Terminate educators with tenure without giving them a due process hearing. (Education Law 3020-a(2)(a)) or, if the unwanted employee is not tenured, deny them their jobs without considering any protected rights (age, gender, race, religion discrimination) and arbitration.

The policy stems from a pattern and practice of allowing a back-room charges writer (I made the term up) to put as many charges as possible into the served papers in order to make something stick. Whether you are tenured or not, there are certain rights that a person has which can be used to get your job back, or at least off of the problem code.

Any way you want to look at it, the ATR pool and rubber rooms deny lawfully given rights to Department employees.

Therefore both the rubber rooms and the ATR pool are symptoms of the same employment policy but are not the same in practice. 

In the post below we read that after years of outrage for placing tenured teachers in rubber rooms, excessed or punished for crimes brought to 3020-a - but not terminated - have been recorded for history, and now the other terrible outcome of the unlawful 3020-a hearings - the demeaning title of "Absent Teacher Reserve" or "ATR" - will be retired, gone, done. But only for excessed employees. The author is confusing ATRs with the rubber room. 

Oh, wait. Are we to believe what the NYC Department of Education is saying? In the City that is the capital of the State of deceit? Be mindful that the NYCDOE is claiming that most of the ATR pool are "excessed" employees, and all of the "excessed" employees who are in the ATR pool will be permanently placed in September. But this does not apply to teachers who are charged with something, and are waiting in a rubber room to have the 3020-a arbitration or discontinuance appeal hearing. 

How do you prove if you are being excessed for a valid reason, i.e. elimination of your position, due to financial necessity, or a whim of a principal?

Answer from the DOE: we only reassign/excess for valid reasons ("fog machine" at work);

Answer from the UFT: "there is nothing we can do" or, ""your arbitration has been put on hold for a year (so you lose the ability to go to PERB or court on an Article 78 but we are not going to tell you about your options" (fog machine again) 

When I worked as Special Representative for the UFT, there were 8 rooms scattered in all the Boroughs, and I visited all of them, one at a time, almost every day. In 2010 the public uproar over the huge amount of money spent on paying the tenured educators to sit in the rubber rooms became a cause celebre and a PR nightmare for Bloomberg, so a deal was made with the UFT to "close" the rubber rooms. 

This was extremely misleading. What the NYCDOE did was close the large rooms and replace them with small rooms, hidden in schools, basements, and closets. See the two pictures at the top of this post?  The first picture above is the rubber room in Manhattan in about 2007, when principals re-assigned anyone for any reason who they wanted out of their school. It was full. 

The second picture above is a rubber room for one teacher who dared to report student-to-student violence in his classroom. The storage room he was told to sit in was badly ventilated and there was no heat. He complained, but his complaint went nowhere. He was there for a year, then terminated recently at his 3020-a. He did not appeal.

The NYC Department of Education higher-ups are notorious for claiming they are NEVER wrong about anything, even when handing over $hundreds of thousands of dollars in settlement money, and unilaterally changing the titles of tenured employees simply to further harass an employee who was supposed to be terminated but was not. 

The Department higher-ups also believe that when an educator is charged with anything by anyone, the charged educator is guilty of the charges. Thus, all charged employees' fingerprints are placed onto the "Problem code" the minute 3020-a charges get placed into the printer. I always thought that a person was innocent until proven guilty. 

See Down The Rabbit Hole: The NYC Department of Education's "Problem Code"

But if the person charging an educator with misconduct did not taint the person with a problem code before he/she was found guilty in the due process hearing, then the Arbitrator could be convinced that the person charged was innocent, and the NYC DOE may have to say that the charges were - or could be - false. Oh no!!! To admit this would mean the DOE personnel who charged this person could be determined to have been wrong about the allegations against this employee. Truth is, the DOE prosecuting Attorneys in 3020-a hearing believe to their core that the charged employee is guilty of the charged conduct. These attorneys fight to keep out any witnesses or evidence from the Respondent employee that differs from their belief. In a recent case we did, our client was accused of slapping a young child across the face. But a thorough look into what really happened showed that the accuser was lying, and we won complete exoneration from the Arbitrator. The Department and school districts never want to admit they are WRONG about charging someone, so re-read the paragraph above.

When Mayor Mike Bloomberg began his first term as Mayor in 2002, the tenure law and tenure employment protections were inconvenient truths that he would rather not comply with. But rather than look bad for trying to repeal Education Law 3020-a giving all tenured educators the right to a hearing after being charged with misconduct, he went around the law and altered the procedures before the hearing began which would assure the Department's attorneys that the arbitrators had a bias which would favor them (the NYCDOE) in any decision. 

Some of the changes in procedures are:

Bloomberg, the UFT and CSA all agreed to quickly dispose of educators by renting large warehouses so that these miscreants could be removed from their schools, kept on salary, but not allowed contact with any children until they were terminated or given the punishment they "deserved" at a 3020-a Arbitration. All removed educators were warned not to talk about where they were assigned ("rubber room"), nor why. No one knew what the charges were, sometimes for many years. Public funds are paying for this.

Another way arbitrator bias was embedded in the charging procedures can be seen in the denial of the right for teachers to choose the arbitrator for their 3020-a. In about 2007, panels of arbitrators were started, where the UFT and the DOE chose arbitrators who stay on the panel hearing cases for 1 year on contract. The UFT agreed with the DOE that tenured individuals who were members of the UFT would not be allowed to choose the arbitrator. CSA members, Assistant Principals and Principals may, after receiving 3020-a charges, choose the arbitrator from a list sent out by the New York State Education Department. The arbitrators are contracted to hear 5 cases/month at $1400/day. I have been told by several arbitrators formerly on the panel that they are not asked to stay on as an arbitrator or are not asked back after the end of the fiscal year (August) if they are too "lenient" - i.e. they do not have a high number of Respondents terminated from their employment. Arbitrators are forbidden to agree to a dismissal of a 3020-a case because of improper procedures such as the unlawful determination of probable cause by the Chancellor.

This list of arbitrators handed out to choose a name for a 3020-a usually has the names of 15 arbitrators approved by NYSED according to standards set by the American Arbitration Association. I have picked many arbitrators over the past 18 years, and my choice is always the individual who I believe is most fair - I have met most who work the 3020-a circuit and if I have not met someone on the list I research the background and prior case decisions. I doubt my standard of "fairness" is anything close to the standard used by the UFT or DOE when they pick arbitrators for their panels (there are two, one for misconduct and the other for incompetence). Remember, the goal is to terminate. 

Outside of NYC, all tenured educators, no matter if they are members of the UFT, the School District, or whatever, choose the arbitrator for the 3020-a from the approved list.  Last June I chose an arbitrator for a 3020-a in Long Island and was able to settle the case the first day with all charges withdrawn, and the school District paying my client $250,000+.My point is that the panels in NYC encourage bias because the charged employee, the Respondent does not have any say in who the arbitrator will be who hears their case. Yes, the UFT says that as they are part of the hiring team with the DOE that they represent all members charged. This is baloney, in my opinion. It's like taxation without representation, and a war was fought to undo that. 

Then there is the fraudulent manner in which probable cause is never voted on by anyone, leaving the arbitrator without subject matter jurisdiction to hear any case or decide on any penalty. NYSUT will not permit any mention of the Cardinale case in any 3020-a that they do, (private attorneys can offer this case) and if the charged educator demands that they argue improper determination of probable cause, their representation will suddenly end. NYSUT will not represent anyone that wants the Cardinale case argued in a 3020-a hearing because the UFT is a collaborator with the NYCDOE in denying a proper determination of probable cause to all charged educators.

I was astonished - actually not, but at least not amused - when NYSUT Attorney Keith Gross told one of his teacher-clients that I was a liar after she asked about the probable cause issue. He then threatened to quit her case if she mentioned it again. He is probably still angry that I wrote about what he did in the case of "Jane" (not her real name) from the 25 Chapel Street rubber room.

Really, Keith?

 Betsy Combier

betsy.combier@gmail.com

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NYC will end controversial absent teacher pool, placing hundreds of sidelined teachers in permanent positions
NY DAILY NEWS, June 8, 2021
The city’s controversial Absent Teacher Reserve pool — a holding ground for hundreds of city educators without permanent teaching assignments — is winding down for good.
City Education Department officials announced Tuesday that they will place the roughly 800 teachers in the pool in permanent teaching positions starting next year — with the department’s central offices picking up the tab.

The size of the pool — which mostly contains teachers who lost jobs when schools were closed or budgets slashed, but also includes some let go for poor performance or disciplinary issues — has shrunk significantly under Mayor de Blasio.

It was winnowed down even further last fall when city officials sent hundreds of ATR teachers to schools to help address a massive staffing crisis brought on by the labor-intensive “hybrid” schooling during the pandemic.

Now, all reserve pool teachers temporarily assigned to schools will stay in those roles for good, and any future excess Education Department teachers will be assigned to open positions in other schools, rather than placed in the holding pool.

“We have made commonsense reforms to the Absent Teacher Reserve since it was created by the prior administration, and now we are fully reimagining the process,” said Education Department spokeswoman Katie O’Hanlon.

The ATR pool has been a lightning rod since it was created in an agreement between former mayor Michael Bloomberg and the city teachers union in 2005.

Mayor de Blasio had already slashed the size of the pool from roughly 1,100 in 2014 to 553 by the end of last school year, according to the Education Department.

The “vast majority” of teachers in the reserve pool end up there for reasons outside their control, Education Department officials say, adding that teachers with pending disciplinary cases will stay out of classrooms.

The agency reported in 2017 that 68% of reserve teachers landed in the pool because of school closures or budget cuts, while three-quarters were rated “satisfactory” or higher, according to Chalkbeat. The Education Department didn’t provide more recent figures.

“There are stereotypes” about reserve teachers, said Priscilla Figueroa, the principal of Public School 676 in Red Hook, Brooklyn, “and sometimes you have to get past that.”

For Figueroa — who took on reserve pool teacher Shawn Mason in 2018 to fill a sudden pre-K teaching vacancy — the announcement reserve teachers will stay on permanently came as a relief.

“He [Mason] came right in and fit,” she said. “He was singing and dancing with them, using instruments.”

“It feels like this is an opportunity to keep Mr. Mason and not worry about using any additional funding,” she added.

But not all schools had such a rosy experience with their assigned reserve pool staffers.

One Manhattan principal, who spoke on the condition of anonymity, said the reserve teacher who arrived at her school last fall to help with staffing shortages struggled to navigate Zoom and remote learning.

“We tried to teach her and after investing countless hours, gave up,” the principal said.

Another principal who spoke on the condition of anonymity said that, while the stigma that often surrounds reserve pool staffers is harmful and misleading, the staffers do often require additional training and supervision — a challenge for already time-strapped administrators.

Critics of the decision say it will restrict principals’ hiring autonomy, and force underperforming teachers back into schools.

“It’s a terrible decision against the interest of children and families,” said Dan Weisberg, the CEO of the education reform group The New Teacher Project, and a former Education Department official who helped negotiate the original terms of the reserve pool under Mayor Michael Bloomberg.

“If they have a teacher who hasn’t taught in a classroom, who hasn’t taught in five years, are they going to disclose the fact that that teacher received an unsatisfactory rating and hasn’t taught in five years?” he continued.

Education Department officials say principals can apply to remove an assigned reserve teacher if there are serious problems including poor performance reviews or disciplinary complaints.

Principals union chief Mark Cannizzaro praised that provision of the new policy and the assurance that the Education Department central will pick up the tab for current reserve teachers. But he warned that the decision to end the pool permanently could complicate future school hiring decisions.

“The thing that I find concerning is going forward, after this year, when teachers are placed in excess, they will then be placed in vacancies ... and schools will have to fund the position,” he said. “Effectively, what’s happening is they are making hiring decisions in certain circumstances out of the hands of principals and mandating forced placements.”

But city teachers and union officials have long pointed to flaws in the reserve pool process — with some educators finding it difficult to overcome the stigma of the temporary placement and find new jobs.

“The [reserve] pool was always a waste of teacher talent and taxpayer money,” said Michael Mulgrew, president of the United Federation of Teachers.

Mason, the reserve teacher assigned to PS 676 in Red Hook, said his time in the pool was rife with instability and uncertainty.

“I had gone through about six months of traveling around to different schools,” said Mason. “That just began to be a real crazy experience of not knowing where you’re going to work on a daily basis.”

Mason said he breathed a huge sigh of relief when he learned he could stay at his new school permanently.

“It came to be a ‘woosah’ moment,” he said.


Saturday, March 28, 2020

NYC Mayor De Blasio and Chancellor Carranza's Response To The Deadly Coronavirus: Deny, Hide Infected Employees, Parents, Students

The New York City public school community is fed up. Mayor Bill De Blasio refused to close schools until it was way past the appropriate time, and now the NYC Department of Education is doing what they do best: deny accountability for anything and promote secrecy on the depth of their corruption.

Sue Edelman, a friend of mine for many years, has done a wonderful job in exposing the DOE and the Mayor. See the latest NY POST articles below. Parents, teachers, administrators, employees of the Department in a variety of positions, and  people in non-DOE agencies throughout the City, a number of whom I’ve spoken to, are highly disgusted — and so am I.

Let's hope for a turnaround soon, and a removal of these two men with criminal charges, such as theft of service, fraud, whatever.

My opinion.

Betsy Combier, betsy.combier@gmail.com
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NYC Chancellor Richard Carranza
Bronx school told teachers to hide coronavirus case: ‘Staff can be fired’
by Susan Edelman, NY POST, March 28, 2020

Grace Dodge campus in Crotona
J.C.Rice


After learning that a teacher in their Bronx school building was sick with the coronavirus, faculty members were told they could be terminated for warning students to stay away, The Post has learned.


“Staff can get fired for telling kids not to come to school,” a supervisor advised, according to a report of a March 15 teleconference with worried teachers at the Grace Dodge campus in Crotona, which houses three schools.
“Very few students will be in tomorrow. It’s not worth risking your job to lower the number,” the supervisor said.
Later that day, Mayor Bill de Blasio finally announced the city would close schools for students, but require all teachers come in for three days of training on remote instruction.
The report, obtained by The Post, raises troubling questions about whether City Hall and the Department of Education failed to fully safeguard staff and students, and tried to limit information released to the public.
A spokeswoman for Anastasia Coleman, the city’s Special Commissioner of Investigation for city schools, confirmed Friday there is an “open investigation” of the DOE’s response to COVID-19 cases.
The SCI received a letter from Queens Councilman Robert Holden calling for a probe after Brooklyn principal Dezann Romain, 36, died Monday of complications from the virus.
Holden also cited a Post report that the DOE kept Brooklyn Technical HS open for 350 staffers while five ailing teachers tested positive.
“I believe this conduct by the Chancellor to be extremely negligent and irresponsible,” Holden states.
The Bronx report reveals that the DOE delayed closing schools when teachers reported their COVID-19 test results, saying they had to wait until the Health Department ordered it.
“The policy is, if there is no case on DOH record, then it doesn’t exist,” the report says. “If there’s no record, then it is Business as Usual. Therefore, we are open tomorrow.”
That meant the three schools on Crotona Avenue opened their doors for teachers March 17 to 19, and for students to pick up laptops.
In the March 15 teleconference, teachers learned the “city has gotten increasingly tight” about informing school communities about COVID-19 cases.
“We are not allowed to communicate with students and families unless they are vetted by [superintendent’s] office,” the report says.
The Crotona International HS teacher who tested positive on March 12 told The Post he notified his principal immediately, and sent her his lab results from Montefiore Medical Center. He also warned as many colleagues as he could.
Fighting his illness and frustrated that the school remained open for staff training, he called the state and city health departments, as well as 311, but only got “a runaround.”
“It’s been 16 days, and no one from the DOH has contacted me,” he said. “I’m not saying Mr. Carranza has to call me directly, but no one from the DOE had the decency to ask ‘How is this guy doing?’”
As the deadly virus spread, Chancellor Richard Carranza sent a March 10 email telling subordinates not to alert health officials about COVID-19 cases, as The Post reported.
“At the moment, there is no reason for any school to call [the Health Department] to report potential or confirmed cases,” the email said, adding that the DOH would get test results from labs and that school personnel should help “by keeping their phones clear.”
On March 16, identical form letters signed by Carranza were sent to staff members in the Crotona building, saying the Health Department had “confirmed a positive result of COVID-19 in your school community.”
It added, “Based on the confirmed finding, our school building was disinfected” by the DOE’s facilities division.
The letters infuriated teachers who were told to still show up that week. At least a dozen had already obtained letters from their doctors recommending a 14-day quarantine because of their exposure to the teacher who tested positive. Many called in sick.
City Councilman Mark Treyger, education committee chairman, denounced the mayor’s handling of the crisis.
“This is another painful example of how the mayor’s structure for reporting COVID-19 cases is irresponsible, disconnected and broken,” he said. “When a member of the school community forwards a confirmed test result, we should take steps immediately to protect the well-being of the students and other staff in the building.”
Treyger believes the system was set up to avoid liability because Carranza’s memos “are the type not written by a compassionate educator, but a heartless lawyer.”
Chancellor Richard Carranza and NYC Mayor Bill De Blasio
‘Blood on their hands:’ Teachers say de Blasio and Carranza helped spread coronavirus
by Susan Edelman, NY POST, March 21, 2020

One after another, sick Brooklyn Technical High School teachers called union chapter leader Nate Bonheimer last week, to tell him they’d tested positive for COVID-19.
By Friday, five of them had shared the devastating news. But after being notified about each one, the city Department of Education still ordered the 6,000-student school’s 350 staffers to show up for work last week, saying the building had been cleaned.
“The DOE did not close the school for any of the cases,” said Bonheimer, who worries that inaction exposed others to the dreaded infection.
The city failed to follow a March 9 directive by the state Education Department that “requires an initial 24-hour closure, in order to begin an investigation to determine the contacts that the individual may have had within the school environment.”
DOE did not attempt to identify close contacts, Bonheimer said. “They did not alert the people who needed to know the most to protect themselves, their families and everyone else they came into contact with.”
One infected teacher was so torn by the secrecy he took it upon himself to personally let all his students know his condition.
Around the city, teachers and administrators are outraged that Mayor Bill de Blasio and Schools Chancellor Richard Carranza resisted a drum beat to close the public schools in the name of safety.
Some renamed the coronavirus  “Carranzavirus".
“You say equity and excellence, but every other school district closed before you did. You had these kids like petri dishes spreading this to their families,” an administrator fumed.
Some DOE employees believe de Blasio and Carranza deliberately kept the lid on the COVID-19 cases popping up, putting kids and families at risk.
“The blood is on their hands,” one said
DOE staffers think the two city leaders tried to cover up the cases because they wanted to keep the 1.1-million-student system running despite increasing pressure to shut it down. Finally, with Gov. Andrew Cuomo about to do it, the mayor relented and closed the schools for students on March 16. They will remain shut until at least April 20, after the spring break.
An expert agreed the failure to notify health officials was dangerous.
“The chancellor was not properly following state policy,” said Aaron Carroll, a health sciences researcher and pediatrician at Indiana University School of Medicine.
The information freeze started March 10, when Carranza, in an email obtained by The Post, told administrators not to alert city health officials about COVID-19 cases among students or staff.
“At the moment, there is no reason for any school to call [the Health Department] to report potential or confirmed cases,” Carranza wrote, repeating the statement later in the same email.
Carranza said DOH would get test results from labs, and school personnel should help “by keeping their phones clear.”
Health department spokesman Patrick Gallahue said Friday the agency “was in agreement with DOE on the directive.”
At several campuses and DOE offices citywide, multiple staffers have tested positive but affected buildings remained open while workers, students and parents were kept in the dark, whistleblowers said.
At the Grand Street campus in Williamsburg, which houses three high schools, a teacher returned from a trip to China over the February break. Despite reports of the outbreak, the teacher did not self-quarantine, but returned to teach kids in all three schools Feb. 26 through Feb. 29, a staffer said.
The teacher then became sick and stopped working. The school was not closed, and employees were not notified, insiders said.
Up to four other staffers have since become sick, they said.
The teacher did not return a message, but a relative said Friday, “He’s very ill, and so is his entire staff,” before declining to comment further.
Last Thursday — after Grand Street teachers worked three days in a row in the building — the principals sent a joint letter saying that “members of our school community” had self-reported positive COVID-19 tests. It did not say how many members or give other details.
“Unfortunately, the DOE suspended keeping track of positive cases,” a teachers’ union official told a staffer on Tuesday. The DOE would not comment on the Grand Street or other cases.
At the Jamaica High School campus, which houses three schools, Carlos Borrero, principal of the High School for Community Leadership, blasted a robocall to parents the Sunday before schools closed for students, reporting the school had “one confirmed” case and another “preliminary positive” case identified over the prior two days — while students attended. One was a teacher, Borrero said.
Asked about the announcement last week, the DOE would not give details.
“The city is no longer confirming information about individual cases due to the volume, but we support any school that wants to notify their community of a self-confirmed case,” said DOE spokeswoman Miranda Barbot.
At the Grace Dodge High School campus in the Bronx, a teacher self-reported a positive COVID-19 test on Thursday, March 12, staffers said. The DOE did not close the school the next day, when kids still attended before de Blasio announced that all schools would close for students starting March 16.
Teachers received a form letter from Carranza confirming a staffer had tested positive, saying the building was “disinfected.” The school was not closed while teachers worked last week.
“We asked when students and parents would get notification, and they still haven’t gotten it,” a teacher said. The DOE had no comment.
Brooklyn Technical High School
At the Bronx’s Alfred E. Smith campus which houses three high schools, teachers reported for three days of training on remote-teaching to begin next week.
“Ten minutes before the end of the last day, the union rep walked through the hall and said, ‘You’re free to leave,’” a teacher said. She asked why.
As custodians arrived in Hazmat suits, the union rep replied, “There’s coronavirus in the building.”
by Susan Edelman, NY POST, March 28, 2020

A pregnant teacher who was hospitalized for COVID-19 says the city refused to close her Brooklyn school — even after she turned over positive lab results — while five colleagues also fell ill from the virus.
Frightened for her unborn child, Raquel Iacurto, 32, begged school officials to shut PS 199 Frederick Wachtel in Midwood and warn others about possible contamination, but she only hit roadblocks.
“I had a lab report and a letter from my doctor. It still wasn’t good enough,” the fourth-grade special-ed teacher told The Post.
Despite her pleas, the city Department of Education did not close the school on March 17 — 19 when the entire faculty was mandated to report for training on remote learning. What’s more, students and their parents flooded into PS 199 classrooms on March 19 to pick up books, iPads and laptops.
“All of my kids came in to get their stuff. They pretty much emptied their desks,” Iacurto, who was home sick, said she heard from colleagues.
It takes two to 14 days for symptoms to appear after a person is infected with COVID-19, and the virus can be transmitted in that time, experts say.
The five other staffers who tested positive include Andrew Rosenberg, 43, the union chapter leader, who also pushed for the school’s closure.
Faulting Mayor de Blasio and schools Chancellor Richard Carranza, Rosenberg charged, “Their complete negligence should be investigated. They insisted on keeping the schools open without acknowledging confirmed cases, and knowingly put tens of thousands of people at risk.”
City Councilman Mark Treyger, the education committee chairman, said he is equally furious.
“They never shut the school down. They told staff to report to a building they knew had a confirmed case of the virus. They put lives on the line, and that is outrageous.”
DOE spokeswoman Miranda Barbot said a teacher’s “self-reported” lab result was insufficient. The school had to wait for official confirmation from the city health department.
“We’ve taken each potential case seriously and followed a clear protocol outlined by the state, which required health department confirmation to close,” she said. The DOE became aware of Iacurto’s “potential case” the weekend de Blasio decided to close schools for students, but left them open for three days of teacher training.
Iacurto, now 28 weeks pregnant, conducted parent-teacher conferences on Thursday, March 5. That day she met with about 24 parents in her classroom. She taught class the next day, and the following Monday and Tuesday. That Tuesday, March 10, was her last day at school.
“I started feeling symptoms when I came home from work,” she said, citing sinus pressure and body aches. “When I woke up the next day, I had tightness in my chest.”
Iacurto went to a walk-in clinic, where doctors suspected she had an upper respiratory infection, but sent her home because she didn’t have a fever. The next day “I woke up in a pool of sweat,” she recalled.
Her OB/GYN sent her to the ER at Long Island Jewish Medical Center in nearby New Hyde Park.
She was quarantined while workers monitored her baby’s heart rate, finding slight fluctuations. Three days later, on March 14, the baby’s heart rate had normalized. Iacurto was given a test for COVID-19 and discharged. That night, the hospital called with the results.
“I was shocked,” she said.
Iacurto immediately called her principal, Rosalia Bacarella, who said she would alert the District 21 superintendent, Isabel Dimola.
Iacurto emailed the principal a copy of her doctor’s note, which stated she had tested positive for COVID-19.
When PS 199 opened for business on Tuesday, March 17, Iacurto called to ask why. Bacarella said the city Health Department had not confirmed her COVID-19 case. The principal said custodians had cleaned on Monday, “and that was it.”
Meanwhile, the Nassau County Department of Health received Iacurto’s lab results, but because she lives in Queens it had to send them the NYC Health Department.
Iacurto sent the lab report to Bacarella. “I kept asking, ‘Is anything being done? Is there anything else I can do?'” she said.
She called 311, the city’s help line, explaining she was a teacher who had tested positive for COVID-19. Clueless, the operator said, “I don’t know what you want me to do.”
The teacher replied: “The school’s not shut down. The Health Department has to be contacted to confirm the case.”
The operator said she would transfer Iacurto to the health department, then disconnected the call.
“At that point, I was so aggravated,” Iacurto aid. “I was trying to help my colleagues out, and I was getting nowhere.”
Rosenberg, whose classroom is next door to Iacurto’s, worked all day March 19, handing out supplies to students, and gathered materials to start teaching remotely. The next day he fell ill, and tested positive March 21.
Shannon Grieg, 27, a paraprofessional, last worked in school on Friday, March 13. By Monday, she had pain in her arm, followed by fatigue, chills and a 103-degree fever. She tested positive that Sunday.
“Thank God I didn’t go in, I would have infected everybody,” said Grieg, who has a 3-year-old son.
Another paraprofessional last worked with kids on Friday, March 13. She tested positive last Monday.
Iacurto’s co-teacher did not go in last week because she already felt ill, Rosenberg said. She tested positive last Sunday.
The city did not close PS 199 until March 20, after all six staffers had tested positive — and after the training sessions and student pickups had already ended.
Despite the six COVID-19 cases, the DOE is unconcerned that staff, kids and parents still came in the building. Spokeswoman Barbot said in an email, “The city’s health department was clear that a positive case in the school or workplace environment did not put others at higher risk than did anywhere else in the city.