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Showing posts with label unconstitutional. Show all posts
Showing posts with label unconstitutional. Show all posts

Saturday, April 9, 2022

Attorney General Letitia James, Please Suspend Mayor Eric Adams Without Pay Until He Puts an End To The Covid Vaccine Mandate

On April 8, 2022, The CITY published an article that described how Mayor Eric Adams and NYC Comptroller Brad Lander would block Wells Fargo Bank from any new contracts for banking services after the Public Bank of NYC complained that Wells Fargo disproportionately denied Black homeowners' mortgage refinancing applications. (see below)

Ok, so we ask Attorney General Letitia James to prosecute Mayor Eric Adams and suspend him without pay until he ends the Covid Vaccine Mandate and stops discriminating against municipal workers who cannot get vaccinated because of medical or religious contraindications and were denied exemption. We argue that it is discriminatory and unfair that he allows performers and athletes to do what they do without getting vaccinated yet terminates policemen/women, firemen/women, and good, hard-working employees of the NYC Department of Education who cannot get the vaccine.

Mayor Adams' actions show disparate treatment and are unconstitutional. Give everyone requesting an exemption a full hearing in front of an impartial arbitrator chosen by the employee and Department, not appointed by the City, and give them telework or administrative positions until the  COVID panic is over and/or routine testing is done on a weekly basis at all schools, to assure parents and students that they are all safe.

We support NYC Council Minority Leader Joseph Borelli in his demand that Adams rehire the 1,430 municipal workers who were fired after refusing to get the COVID vaccine before the February deadline. See the Staten Island Advance post below.

The Staten Island Advance also published an article on September 27, 2021, saying that more than 500 religious and medical exemptions to the covid vaccine mandate were granted in NYC public school staff. Who were these people? Why them and not others? What criteria is the City using to grant or deny sincere religious beliefs or medical exemptions? Who are the people on the Citywide Panel, and why are they allowed to determine Constitutional issues behind impenetrable curtains?

City Council Minority Leader Joe Borelli. (Staten Island Advance/Joseph Ostapiuk)

Published: Apr. 09, 2022, 5:45 p.m.

STATEN ISLAND, N.Y. --- NYC Council Minority Leader Joseph Borelli (R-South Shore) will be introducing a resolution calling on Mayor Eric Adams to rehire city employees who were fired because they did not get the mandated coronavirus (COVID-19) vaccine by the February deadline.

Borelli plans to introduce the measure, which has bipartisan backing from at least seven other councilmembers including Democrats Councilmember Farah Louis (Brooklyn) and Councilmember Kalman Yeger (D-Brooklyn), on Thursday.

“I think we will have more people signing on, there’s broader support in the council than people think,” Borelli told the Advance/SILive.com.

About 1,430 city employees were fired as a result of the mandate, however, that number could rise as thousands of city workers who applied for a medical or religious exemptions are waiting to find out if their waivers have been accepted or denied.

The overall message, Borelli said, is they believe it’s unfair that thousands of city workers remain unemployed while professional athletes and other performers are able to work because Adams made them exempt them from the mandate.

City employees who did not receive at least one dose of a COVID-19 by Feb. 11 were terminated.

The Feb. 11 deadline also applies to new hires – employees who were hired after Aug. 2 and agreed to vaccination as a condition of their employment – and unvaccinated employees who have been on unpaid leave who did not request a continuation of healthcare benefits.

“There must be rules and we must follow them. The rule is to get vaccinated if you are a city employee. You have to follow that. And if you have a reason you can’t, there’s an avenue,” Adams said at the time. “But if you didn’t do that and didn’t follow the rules, we sent a letter out to you,” he continued.

When asked during a media briefing in Queens last month if he had considered rehiring the estimated 1,400 municipal workers who lost their livelihoods over the city’s vaccine mandates, Adams said “not at this time.”

“I want to take my hat off to those countless number of New Yorkers, municipal employees that understood what we were going through as a city, and they stood up and they did the right thing,” the mayor said. “At this time we’re not entertaining it [rehiring unvaccinated workers].”

The group of councilmembers are also calling on private businesses to rehire employees who were fired for failing to get vaccinated.

“We want our people to get back to the workplace, whether that be in the private sector or public,” Borelli said.

Employees in state government or New York State employees in agencies controlled by the governor were not mandated to get vaccinated-- they have a weekly testing option if they’ve chosen to not get vaccinated.

POLICE BENEVOLENT ASSOCIATION SAYS POLICE ARE TREATED AS SECOND-CLASS

Police Benevolent Association President Pat Lynch issued a statement saying that cops who were on the frontlines during the early days of the pandemic don’t deserve to be treated as second-class citizens.

“We have been suing the city for months over its arbitrary and capricious vaccine mandate — this is exactly what we are talking about. If the mandate isn’t necessary for famous people, then it’s not necessary for the cops who are protecting our city in the middle of a crime crisis,” Lynch, who heads the city’s largest cop union, said.

"While celebrities were in lockdown, New York City police officers were on the street throughout the pandemic, working without adequate PPE and in many cases contracting and recovering from COVID themselves.”

Harry Nespoli — the president of Local 851, the Uniformed Sanitationmen’s Association and chair of the Municipal Labor Committee — also expressed disapproval of Adams’ decision, and said he hoped for a re-entry program so workers can get their jobs back.

“When New York City shut down, many workers were mandated to come in every day without vaccines to keep the city running. These workers often got sick, and when they got better, came right back to work,” he said.

“There can’t be one system for the elite and another for the essential workers of our city. We stand ready to work out the details with the mayor, as we have been throughout this process.”
NYC Cuts Off Wells Fargo From New Bank Contracts Following Discrimination Claims
BY GEORGE JOSEPH, the CITY, APR 8, 2022

Mayor Eric Adams and Comptroller Brad Lander join forces to say they will not put city deposits into accounts with the financial giant, after advocates point to disproportionate denials of mortgages to Black applicants.

Mayor Eric Adams and Comptroller Brad Lander have publicly promised that New York City will block Wells Fargo from any new contracts for banking services, following claims the financial giant racially discriminates against Black homeowners.

The pledge comes on the heels of a letter Adams and Lander received on Monday from Public Bank NYC, an advocacy coalition campaigning for a government-run municipal bank, which slammed Wells Fargo for disproportionately denying Black homeowners’ mortgage refinancing applications last year.

Wells Fargo is one of 30 financial institutions approved to compete for contracts to host municipal bank accounts, which city agencies use to hold payroll, fees, and other pots of money.

Adams and Lander are not officially revoking that designation, as advocates originally demanded, but the duo’s promise will have a similar effect: preempting the bank from winning any contracts to hold city deposits.

In a letter sent to the bank’s CEO on Tuesday and made public Friday, Adams and Lander justified the move by pointing to the bank’s refinancing disparities as well as older allegations of discrimination.

“These disparate mortgage practices, layered upon a checkered history of steering homeowners of color into subprime mortgages, rejecting mortgages in redlined neighborhoods, and numerous outstanding consent decrees pertaining to mortgage practices, require a swift response by both your bank and stakeholders,” the two officials said. “In light of this persisting track record of discrimination, New York City will not be opening any new depository accounts with Wells Fargo Bank, N.A. as we continue to investigate these troubling findings.”

Betsy Combier
betsy.combier@gmail.com
betsy@advocatz.com

Editor, ADVOCATZ.com
Editor, ADVOCATZ Blog


Saturday, September 5, 2015

Washington State Chief Justice Barbara Madsen Rules That Charter Schools Are Unconstitutional

Chief Justice Barbara Madsen

Great job, Chief Justice Barbara Madsen!! Judge Madsen ruled that charter schools are unconstitutional because there is no vote by the public on the allocation of public money:

"Chief Justice Barbara Madsen wrote that charter schools aren't "common schools" because they're governed by appointed rather than elected boards.

Therefore "money that is dedicated to common schools is unconstitutionally diverted to charter schools," Madsen wrote."


Judge Madsen put into words what we at ADVOCATZ have been saying since Michael Cardozo and Mike Bloomberg took away Constitutional rights in NYC by appointing all members of the NYC so-called 'school board', the Panel For Educational Policy.

I posted the manifesto on my website and re-posted the documents many times since then, and the posting has been on the home page of my website Parentadvocates.org since 2007. Look in the postings for the Michael Cardozo letter to the US Department of Justice:
 Michael Cardozo's introduction to his submission which removes the constitutional rights of NYC citizens
Pages index -11
Pages 12-25
Pages 26-41
Pages 42-58
Pages 59-80

Editorial: The New York City Department of Education is a Sham and Mike Bloomberg is the Flim-Flam Man









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Supreme Court Rules Washington Charter Schools Are Unconstitutional
LINK
Washington Education Association news release, 9/4/15
Contact: Rich Wood, 253-376-1007

Supreme Court rules Washington charter schools are unconstitutional

Public school educators are applauding the Washington Supreme Court’s 6-3 decision ruling that the state’s charter school law is unconstitutional because charters siphon money from public schools and are not accountable to local voters.

The court ruled Washington’s entire charter school law is unconstitutional.

“The Supreme Court has affirmed what we’ve said all along – charter schools steal money from our existing classrooms, and voters have no say in how these charter schools spend taxpayer funding,” said Kim Mead, president of the Washington Education Association.

Along with El Centro de la Raza, the Washington Association of School Administrators and the League of Women Voters, WEA is part of the coalition that challenged the charter school law.

The court ruled that charter schools do not meet the definition of “common schools” under the constitution because they are not subject to local voter control, and therefore the state cannot spend common school funding on charter schools.

“Under the Act, charter schools are devoid of local control from their inception to their daily operation,” the court wrote.

Mead said the court ruling is another reminder of the state Legislature’s failure to fully fund basic education as required by the state Constitution. The Supreme Court is currently fining the Legislature $100,000 a day for failing to develop a plan for fully funding K-12 education as required by the court’s McCleary decision.

“Instead of diverting taxpayer dollars to unaccountable charter schools, it’s time for the Legislature to fully fund K-12 public schools so that all of Washington’s children get the quality education the Constitution guarantees them,” Mead said.

Washington state Supreme Court rules that charter schools are unconstitutional
LINK

SEATTLE — After nearly a year of deliberation, Washington state's Supreme Court ruled 6-3 late Friday afternoon that charter schools are unconstitutional.

The ruling overturns the law voters narrowly approved in 2012 allowing publicly funded, but privately operated, schools.

Eight new charter schools are opening in Washington this fall in addition to one that opened in Seattle last year.

It was not immediately known what would happen with charter schools that have already enrolled students.

The parties will have 20 days to ask the court for reconsideration before the ruling becomes final.

Chief Justice Barbara Madsen wrote that charter schools aren't "common schools" because they're governed by appointed rather than elected boards.

Therefore "money that is dedicated to common schools is unconstitutionally diverted to charter schools," Madsen wrote.

The ruling is a victory for the coalition that filed the suit in July 2013, asking a judge to declare the law unconstitutional for "improperly diverting public-school funds to private organizations that are not subject to local voter control."

The Washington Education Association was joined by the League of Women Voters of Washington, El Centro de la Raza, the Washington Association of School Administrators and several individual plaintiffs.

"The Supreme Court has affirmed what we've said all along — charter schools steal money from our existing classrooms, and voters have no say in how these charter schools spend taxpayer funding," said Kim Mead, president of the Washington Education Association said in a prepared statement.

Immediate reaction from the state attorney general's office and the state commission that authorizes charter schools was not available.

David Postman, communications director for Gov. Jay Inslee, said the governor's office is reviewing the court's decision and will consult with the attorney general's office.

"But until we have a thorough analysis we can't say what that means for schools operating today," Postman said. "The Supreme Court has remanded the case for 'an appropriate order' and we will have to see what the lower court fashions to comply with the Supreme Court's opinion."

Tom Franta, leader of the Washington State Charter Schools Association, said he was waiting to hear back from the nonprofit's attorney to find out what happens next.

"We haven't had a chance to debrief the opinion with attorneys, with what does happen next with the schools that are open," he said. There are 1,200 children enrolled in eight charter schools, and all but one — First Place in Seattle — has already opened for the school year, he said.

GOP state Rep. Chad Magendanz, ranking member on the House Education Committee, said he was stunned by the decision.

"I'm shocked, I'm worried about the political aspects about this," said Magendanz. The court is becoming too much of "a political animal," said Magendanz, a supporter of charter schools as a way to promote competition and innovation.

Under the 2012 law, up to 40 new charter schools could have opened in Washington over a five-year period.

(Times staff reporter Joseph O'Sullivan contributed to this report.)