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Friday, February 9, 2024

Justice Brendan Landry Slams Manhattan DA Alvin Bragg For Prosecuting Fake Vaccination Cards While Letting Violent Criminals To Go Free

City Council Minority Leader Joseph Borelli lashed out at Bragg for prosecuting the nursing student even though she never used the fake vaccination card.Paul Martinka

Thank you Justice Brendan T. Landry! 

State Supreme Court Justice Brendan T. Lantry dismissed felony charges against a nursing student and city DEP employee that were charged for fake COVID-19 vaccine cards.Linkedin Brendan Lantry

Sometimes it takes a State Judge to force Manhattan DA Alvin Bragg to get it right.

Oh, wait. Bragg is not getting it right, now or ever. Begin impeachment of this guy Bragg!! He needs to go to a place where he can think about priorities.

Manhattan DA Alvin was blasted for trying to throw the book at two New Yorkers who bought fake COVID-19 vaccine cards.REUTERS

Just sayin.....

Betsy Combier

betsy@advocatz.com

Manhattan DA Alvin Bragg slammed for prosecuting fake vax cards while letting ‘violent’ perps walk

A judge blasted Manhattan District Attorney Alvin Bragg for trying to throw the book at two New Yorkers who bought fake COVID-19 vaccine cards — despite routinely going easy on others charged with far more serious crimes. 

In a ruling issued this week, state Supreme Court Justice Brendan T. Lantry dismissed felony charges against the pair, who were not publicly identified, calling the case overkill.

J.O., a nursing student, and R.V., an employee with the city Department of Environmental Protection, were among hundreds accused of buying fake vaccination cards from a New Jersey stripper, Jasmine Clifford. 

The two were among just 16 people Bragg’s office “cherry-picked” to prosecute and charge with felony criminal possession of a forged instrument, the judge said. 

Fourteen pleaded guilty to a misdemeanor, but J.O. and R.V. moved to dismiss the charges, prompting the DA’s office to contest the effort — and sparking outrage from the jurist.

“These motions submitted [by Bragg and his prosecutors] are made months or even years after the 45-day period has expired to dismiss . . . sexual assaults, drug sales, robbery, burglary, and other violent and non-violent serious felony offenses.”

City Council Minority Leader Joseph Borelli (R-Staten Island) cheered the judge, who is the former chairman of Staten Island’s Republican Party, while pointing out that one of the defendants got the forged card to maintain her nursing school enrollment only to get the jab anyway.

“This is what Alvin Bragg is — a clown,” Borelli told The Post. “Imagine prosecuting a scared woman for this, even though she didn’t even use the fake card, while at the same time letting violent perps go. I’m glad the judge called him out for the world to see.”

Since taking office in 2022, Bragg has come under attack for not seeking prison time for various charges and downgrading felony charges in a slew of cases, including armed robbery and drug offenses.

On Wednesday, the DA’s office declined to ask for bail for five migrant men who allegedly beat a pair of cops in Times Square.

Doug Cohen, a spokesman for the Manhattan DA, declined to address Lantry’s remarks, but said major crimes in Manhattan were down 5% overall in 2023, and during Bragg’s first two years in office, shootings were down 38% and homicides down 24%.

Bragg’s office “routinely — nearly daily — move[s] to dismiss significantly more serious counts or entire indictments” to avoid harsher penalties for previously convicted felons or to avoid jeopardizing people’s immigration status, the judge wrote in an opinion issued Tuesday.

“These motions submitted [by Bragg and his prosecutors] are made months or even years after the 45-day period has expired to dismiss . . . sexual assaults, drug sales, robbery, burglary, and other violent and non-violent serious felony offenses.”

City Council Minority Leader Joseph Borelli (R-Staten Island) cheered the judge, who is the former chairman of Staten Island’s Republican Party, while pointing out that one of the defendants got the forged card to maintain her nursing school enrollment only to get the jab anyway.

“This is what Alvin Bragg is — a clown,” Borelli told The Post. “Imagine prosecuting a scared woman for this, even though she didn’t even use the fake card, while at the same time letting violent perps go. I’m glad the judge called him out for the world to see.”

Since taking office in 2022, Bragg has come under attack for not seeking prison time for various charges and downgrading felony charges in a slew of cases, including armed robbery and drug offenses.

On Wednesday, the DA’s office declined to ask for bail for five migrant men who allegedly beat a pair of cops in Times Square.

Doug Cohen, a spokesman for the Manhattan DA, declined to address Lantry’s remarks, but said major crimes in Manhattan were down 5% overall in 2023, and during Bragg’s first two years in office, shootings were down 38% and homicides down 24%.

Senator Andrew Lanza Introduces S7466-A To Reinstate All City Employees Terminated by COVID-19 Requirements


re-posted from ADVOCATZ.com

Betsy Combier

Editor, NYC Rubber Room Reporter, and ADVOCATZ.com 


Senator Andrew J. Lanza, Republican representing District 24 Staten Island, has introduced a Bill to reinstate any officer and employee who worked for the City of New York and was dismissed because of the COVID-19 Mandate.

We all need to support him in this effort!

STATE OF NEW YORK

7466–A

2023-2024 Regular Sessions

IN SENATE

May 30, 2023

                                                                                                               ______________________

Introduced by Sen. LANZA — read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 — recommitted to the Committee on Cities 1 in accordance with Senate Rule 6, sec. 8 – committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the administrative code of the city of New York, in relation to the reinstatement of certain officers and employees who were dismissed from employment due to a COVID-19 vaccine requirement

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The administrative code of the city of New York is amended by adding a new section 12-141 to read as follows:

§ 12-141 Reinstatement of employees dismissed for COVID-19 vaccination requirements. Any officer or employee of the city or of any agency thereof who was dismissed from employment due to failure of such officer or employee to comply with a COVID-19 vaccine requirement, shall be reinstated to their former position, in the same position or title and at the same salary and benefits, with retention of seniority and service time accrued, as such employee was receiving immediately prior to their 10 dismissal. Such officer or employee seeking reinstatement shall also be exempt from any waiver of civil service rights.

§ 2. This act shall take effect immediately.

Contact Senator Andrew J. Lanza’s Office

ALBANY OFFICE

Room 413 Senate Capitol Building172 State Street

Albany,  NY 12247

Phone: (518) 455-3215
Fax: (518) 426-6852
Office Hours: Albany Office

 map

DISTRICT OFFICE

3845 Richmond Ave. Suite 2A

Staten Island,  NY 10312

Phone: (718) 984-4073
Fax: (718) 984-4455
Office Hours: District Office

 map

EMAIL ADDRESS:

Tuesday, December 5, 2023

PS 398Q Principal Erica Urena is Removed From the School

P.S. 398Q principal Erica Ureña poses for a portait in her office. Credit: ps398queens.org


Thanks to the parents of students at PS398Q, Principal Erica Urena leaves the school on December 6, 2023.

The issue is safety of all students. From the news, it appears that a second-grader brought a knife to school and threatened to harm a classmate. The news reports have cited several student witnesses to this little boy saying what he was going to do, but at this point no one knows what actually happened.

Nevertheless, Principal Urena did not explain anything to parents for several days, while rumors flew through PS 398Q. This was not a proper way to deal with the situation, and Urena has to leave her post. This incident is not the first time she has done something that angered parents and staff, but it will be her last.

PS 398, named after the late labor leader Hector Figueroa, is roiled by a battle between its staff and principal.

When staff are united and choose facts to remove a principal, all benefit. See my post on this blog and on ADVOCATZ.com about Heather Jansen and her Student Rat Pack:

Former Principal of PS 46 Heather Jansen and Her Student Rat Pack

NYC Rubber Room Reporter, Sept. 4, 2023

Advocatz.com
 

Betsy Combier

betsy@advocatz.com

Elementary School Principal Who ‘Covered Up’ After Student Brought Knife to Attack a Classmate Steps Down

Teachers had been complaining since last summer about the “hostile” environment founding principal Erica Ureña-Thus had created at the public school in Jackson Heights.

by Claudia Irizarry Aponte, The City, December 4, 2023

The embattled principal of P.S. 398Q in Jackson Heights announced on Friday she would step down, weeks after parents mounted a campaign for her ouster over her botched handling of an incident where a second-grader brought a knife to school allegedly with a plan to attack a fellow student.

Erica Ureña-Thus, founding principal of The Héctor Figueroa School, wrote in a letter to the school community on Friday that “it is with mixed emotions that I announce my decision to leave PS 398Q.” She added that her departure would be effective December 6.

Ureña-Thus did not immediately respond to a request for comment, and neither did her union, the Council of School Supervisors and Administrators. A spokesperson for the Department of Education did not immediately respond to a request for comment. 

Parent and teacher concerns about Ureña-Thus had already been percolating for months before multiple students said a second-grader brought a knife to school Nov. 1, telling students he intended to use it on another second-grader at lunch time.

Parents were only informed about that on Nov. 4, in an online post from Ureña-Thus reporting “nothing untoward was found.” In the days that followed, DOE higher-ups privately discussed in a series of email exchanges keeping additional “detail/context” about the incident private, THE CITY first reported. 

“It was covered up, no one knew,” the aunt of the boy who was allegedly targeted told THE CITY last month, which previously reported that the boy, who’d remained in the school, later threatened students who’d witnessed him with the knife.

(THE CITY is withholding the names of the students, who are all second graders, to respect their privacy. THE CITY was not able to contact the parents of the boy who allegedly brought the knife and made the threats, because he has not been named by the school.)

In a note to parents on Nov. 10, District 30 superintendent Lisa Hidalgo finally acknowledged “a lack of timely communication to families from the school” that she said “resulted in speculation that led to fear and misinformation circulating within the school community.”

By the following week, hundreds of parents had signed a petition calling for Ureña-Thus’ removal.

This summer, teachers had also spoken out about the ‘hostile’ environment at the school, including allegedly retaliating against teachers who signed on to a grievance complaint alleging anti-union actions by Ureña-Thus.

Last Wednesday, parents testifying before the Panel for Education Policy pleaded with city officials to remove and replace her, Gothamist reported. Deputy Chancellor Dan Weisberg told parents that investigations were underway, and he expected them “to be resolved soon.”

“It was heartbreaking to watch,” panel member Tom Sheppard told Gothamist. “These people have been shouting from the rooftops … and nobody’s been listening to them.”

In her note to the school community on Friday, Ureña-Thus referenced the challenges of founding a brand-new school during the pandemic and her own health struggles after surviving a stroke in 2021. 

“From our modest beginnings with a mere nine staff members to navigating a two-year pandemic and teacher shortages, our close-knit community ensured our children never bore the brunt of these adversities,” she wrote, adding that “[d]espite grappling with health conditions, I returned to continue fostering our exceptional staff and striving to provide a safe and quality education.”

“Serving in the community where I grew up has been an endless source of gratitude, and I am thankful for the opportunity to have nurtured your children.”

Ureña-Thus wrote that she would “transition to a new role” effective her departure, but did not specify what it would be.

Wednesday, October 11, 2023

A Freedom of Information Request That Could Have Gone Very Wrong - But Didn't (2006)

 


The post below is not new, but I love it for the sheer audacity of former NYC DOE General Counsel Michael Best for allowing two pages of my personal notes to be ripped out of my notebook and taken away because they had "information I was not supposed to see". I was determined to get those two pages back. Read and find out what happened!

By the way, when investigating government information and emails or asking anything about social media, check local and state laws before launching a search, lock down the parties’ statements regarding their individual social media accounts, and secure clearance to access any non-public accounts. If the matter has a high risk and/or exposure level, request that an experienced expert obtain the data and provide a "defensible, reliable chain of custody" (Best Practice - "BP) regarding evidence pulled from social media. I always stay in line with industry best practices.

Enjoy the best show in town - the New York City Department of Education. Lol

just sayin'...

Betsy Combier

Betsy Combier

betsy@advocatz.com
Editor, ADVOCATZ.com
Editor, ADVOCATZ Blog
I found my birthday card from the rubber roomers at 25 Chapel Street (2006?)!!!

So happy. Thanks, people!!! See below.

The UFT members at 25 Chapel street were my first connection to the rubber room saga that would change my life, alter the life of my children and allow me to start my company ADVOCATZ. (Current Website is ADVOCATZ.com).

I will forever be grateful to David Pakter, Polo Colon, Steve Ostrin, and all the wonderful people who talked with me about their troubles. I was then, and continue to be, honored with your trust.

By the way, my birthday is 7-11. July 11, not October (I'm re-posting the birthday card now because I just found it)..

Betsy Combier
President, ADVOCATZ
Editor, NYC Rubber Room Reporter



Strange things happen when you try to get information from the New York City Board of Education
by Betsy Combier
June 2009

Courtney Ross


Under the Bloomberg/Klein administration, public school buildings are "plants" (as in factories) and every inch must be used for the assembly line workers (teachers) to complete the widgets (children) for the marketplace (graduation, technical jobs, etc). This may sound rather harsh, but try as hard as I can to find another picture that fits the pattern and practice of the people at Tweed over the past 7 years, I cant come up with any other scenario.

Company business must be protected at all times, of course, and this means that workers always must be present and willing and able to work, at all times. Sickness and family obligations that take you away from your job for any amount of time are simply weaknesses that you must be punished for. If you are a child with special needs and you have a parent who knows what to do to protect you, and does not bend with the threats, barrage of wrong information couched in "the law" as seen by the managers (ISC and Superintendents, the CEO Klein and his vice-president Michael Best) and other such deviations from the facts, then you may be fine. Similarly, if you are a parent or teacher, and you have the evidence necessary to prove what you are saying if true, JUST SAY NO to the NYC BOE when they try to allege anything about you, your actions, your character, family, or rules.

I'm a parent of four daughters who are and have been in the public schools of New York City, and I and all of them have been harmed by administrators of the New York City BOE. Nonetheless I can, and obviously do, speak out about what I see and hear in my children's factories...oops, schools. Alot aint right, folks. Now that my children are all out of college, working and, I hope and pray out of the danger of retaliation by the DOE, I am still. and will, remain unafraid to speak out about the wrongdoing within their corrupt hallways.

Anyway, in 2006 Joel Klein decided to place the Ross Global Academy Charter School inside of NEST+M, one of my daughters' schools. The NYC BOE insisted that our capacity was half empty - by changing the capacity number on a daily basis. As I wrote in a previous article, Garth Harries, the recently departed manager of the BOE plant capacity and assessment, came to NEST+m in April of 2006 with several other people to measure rooms that "they" liked at NEST for the Ross classrooms. Parents were outraged. (We sued twice, first the City of New York, Joel Klein, et al., and then the Board of Regents of the State University of New York; we won our lawsuits).

The next day I called Ms. Mashea Ashton, Garth's boss at Tweed, to ask if I could read the Ross Global Charter application, a public document. I also filed a freedom of information request with the New York State Ed Dept. Ms. AShton said, "Sure, when do you want to come to Tweed to review it?"

That is how I ended up at Tweed on April 18, 2006 at 2PM. I was given a desk on the third floor on which were four huge volumes, all 1900+ pages of the application for a charter filed with the Regents to set up a charter school in New York City. The location was never given, but the charter school would be in the NYU "education park" on the lower east side of Manhattan (there was a map).

From 2PM until about 5PM I read the documents and wrote notes. Suddenly at 5PM Ms. Ashton came over to me and said, "I'm so sorry, but someone at legal just called me and told me that I should review your notes because we may have left some information in the documents that you should not have seen."

I thought, wow, this is interesting! I knew that "they" had no right whatsoever under any law to seize my personal notes, but as a reporter, I thought there might be a great story if I let Ms. Ashton take my property. I wanted to know what she might do with it.

I reluctantly said something like, "Gee, I'm not sure that you have any right to look at my notes, but I guess you could look at them". Ms. Ashton took my pad and, a few feet away, started reading my notes. Then, she ripped two pages out of my pad. I said, "What are you doing". Ms. Ashton said, "Well, you have some private information here that we forgot to take out of the documents you are reviewing, and I have to take these pages. But I'll xerox them for you and give you the left half ".

These pages had the names and addresses of the Board of Trustees of the Ross Global Charter Academy. My protests fell on deaf ears, and she answered my question "Who told you to do this" by saying "someone in the legal department".

She then left me to read/copy/write notes on the entire documents all over again, until 6PM when I left.

I went home and wrote Joel Klein's attorney Michael Best, and asked him for my notes back.

I started a log of the emails:

April 28, 2006

Now, the NYC BOE is informing me that I will get my notes back, but in an altered form. I do not believe that I wrote down any personal addresses.

From: Best Michael
Sent: Friday, April 28, 2006 6:18 PM
To: 'Solarmedia@aol.com'

Subject: Your request regarding notes taken about the Ross Charter School Application

Ms. Combier,

I have considered the situation regarding the notes you took while examining paperwork related to the Ross Global Charter School ("Ross').

There are two pages of notes at issue. My understanding is that Ms. Mashea Ashton of the DOE asked to see your notes and realized that you had copied down the addresses of various people associated with Ross. Realizing belatedly that information pertaining to the home addresses of these individuals should not have been provided to any member of the public because of the need to protect the individuals' personal privacy, Ms. Ashton asked to see your notes. She then made a redacted copy of your notes, i.e., a photocopy of your notes with the addresses redacted, and she gave you that redacted copy of your notes. Thus, although Ms. Ashton kept the original, unredacted version of your notes, you were not actually deprived of your notes or of any pertinent information concerning Ross.

Upon reviewing the matter, however, I have determined that, with one exception, the redacted addresses are not personal addresses. Instead, they are business addresses, which should not have been redacted. It appears that Ms. Ashton redacted the business addresses in an excess of caution to preserve the privacy rights of the individuals associated with Ross, but at this time, we will provide those business addresses to you. There is, however, one address that appears to be a home address, and it would be inappropriate to release that home address publicly.

Therefore, we will return the original version of your notes to you, but we will redact the one home address before we do so.

Please contact me via email on Monday to let me know the best way to return the notes, with the one item redacted as mentioned, to you. Thank you.

Michael Best

From: Best Michael [mailto:MBest2@nycboe.net]
Sent: Friday, April 28, 2006 6:22 PM
To: Betsy

Subject: FW: Your request regarding notes taken about the Ross Charter School Application

Please see below. It appears that the attempt to send this email to your other email address was not successful.

>>> 4/20/2006 9:40:56 AM >>>

Dear Mr. Freeman,

I request an expedited verbal opinion on the following Freedom of Information request and incident. Please call me at 212-794-8902 as soon as possible.

On Friday, April 14, 2006 I made an appointment with Ms. Mashea Ashton of the NYC DOE Office of New Schools, to go over the charter application of the Ross Global Academy Charter School at Tweed at 2 o'clock on April 18.

On Tuesday, April 18, 2006 at 2PM I arrived at Tweed, Ms. Ashton met me downstairs, and subsequently took me upstairs to her office. She gave me a table in the corner, upon which she placed the 1919 pages she had received back from NYSED of the Ross charter application, and told me that all charter applications were that long and to please let me know if there was anything that I needed, and she went to her desk.

I looked over the documents and jotted down on my pad the names of the Board of Trustees as well as relevant sections of the Charter School Act of 1998 and other information on the 501 (C) 3 (Ross Institute and Ross Global Academy Charter School).

At approximately 5PM Ms. Ashton came over to me and told me that she had to take all my notes and look at them. I asked why. She told me that there was private information in the documents and she had to make sure I had not copied any information down. as a long-time admirer of your work and the FOIL law, I have some knowledge of what is private information and what is not, and I believed that I had no private information in my notes, so I gave her my pad. I did not want to dispute her assessment at the time, and she told me that I had to give all my notes to her. She removed two pages: the list of the Board of Trustees' names with their affiliations (no addresses).

She told me that she had "checked with legal" and had been told that I could not have my notes back, because the Board of Trustees' affiliations were private information. Again, my notes had no addresses or telephone numbers.

Ms. Ashton xeroxed my notes and gave me the left half with the names of the Trustees. She then left me to look at all the documents for another 1/2 hour, and I had to leave at 6PM, which I did.

Was she correct in taking my notes?

Thank you for your reply as soon as possible.

Respectfully,
Betsy Combier

On Monday, April 24, 2006, I tried calling Ms Holtzman to ask if I could pick up my notes that day. Ms. Holtzman returned my call on Tuesday, April 25, and told me that “Mike” [Best] would get back to me. I still have not heard from Mr. Best, nor do I have my notes.

I consider this a very serious violation of my 4th and 14th Amendment rights, and I demand my personal property back immediately. On Monday morning May 1, 2006, at 9:30AM, I will expect to have my two pages returned to me. Please let me know where I can pick them up. My telephone number is 212-794-8902.

Betsy Combier
Editor,Parentadvocates.org

We wondered why Mr. Best did not want us to have the home address of Robert Torres, the only home address on the two pages of notes. Perhaps he did not want us to contact him, although he is listed on zabasearch.com. We called him, and he told us that “…if the NEST parents don’t stop their protests and think that we will not protect our children, they are very wrong;” and, “if you do not stop the NEST parents your principal will be sorry”.

Robert Durkin, well-known in New York City for changing the grades of 19 students at Washington Irving High School when he was Principal, and for being fired, told us that he “would make NEST+M a better school, just like the Julia Richman High School Complex”. We know the Julia Richman Educational Complex very well, and comparing NEST, a very small school, with a complex of 6 schools is like comparing apples to spinach.

Kunle Abodunde has resigned from the Board, we were told, and has presumably left the country, as zabasearch.com has no record of him, even though he supposedly started The Posse Group (he is not on their website, but we called a few colleges).

Richard Halperin, Principal of Quellos LLP, had no comment about Ross/NEST, and we located more than 80 pages on his involvement with the Clinton Administration and the Monica Lewinsky coverup, but no data on his knowledge of elementary school teaching/curricula/education. (From Betsy Combier: Mr. Halperin died suddenly on June 19, 2008, and here is his obituary tribute from the New York Times, June 21, 2008:
" HALPERIN--Richard E., sadly on June 19, 2008 at age 53. Born December 7, 1954 in New York, NY to Alvin and Anne Halperin. Richard was the former Chief Operating Officer of the Quellos Group. Prior to joining Quellos, Mr. Halperin was Executive Vice President and Special Counsel to the Chairman of MacAndrews & Forbes Holdings, Inc. He also served as President of the Revlon Foundation, The MacAndrew & Forbes Foundation, and the Perelman Family Foundation. Previous to joining MacAndrews, Richard was Administrative Assistant to the Attorney General of New York State. He served on the Board of Trustees of the Rye Country Day School, The Ross Global Academy Charter School and The Citizens Budget Commission. He was also an Executive Advisory Board Member of the Boston University College of Communication and was a member of the Zoning Board of the Town of Harrison, New York. He held a B.S. cum laude in Communications from Boston University and a J.D. from the New England School of Law. Survived by his beloved wife Lucy, cherished children Ross, Robert, Kenneth and Steven, and adoring sister Marsha (Martin) Epstein. Funeral service Sunday 12 noon at The Jewish Community Center of Harrison. Interment to follow at Sharon Gardens Cemetery. For information, Zion Memorial Chapel 914-381-1809."

We have concluded from all of our telephone calls to Ms. Jennifer Chidsey Pizzo (no comment), Martin Payson (no comment), and Dr. Mark English (no comment) that there is no strategy currently in place to establish a positive partnership between Ross Global staff, parents and children, and NEST+m. This foretells doom for all.

We have information on Ms. Ross’ legal troubles with her taxes. It seems that in the rush for tax exempt properties, NYU and the NYC DOE have forgotten that the environment for the Ross kids has been poisoned irrevocably. The only solution is to change the location of the Ross Global Academy Charter before children’s lives are changed and the promises you have made to your new students are shown to be false.

Second reason. We will publicize the new study by City Project, “Fatal Subtraction”. This shocking report may convince New Yorkers that New York University has ulterior motives for placing the Ross Global Charter in NEST+m that have nothing to do with putting “children first”. We have received comments from parents not connected with the NEST+M community that the Ross Global Academy Charter may be a good idea, but one that cannot succeed with NYU behind it, despite the massive power and wealth connected with this University. You will not have the best wishes of New York City residents behind you in your desire to be in partnership with NYU as small, excellent schools such as NEST+m are destroyed and minority parents are lied to.

If you have plans for franchising the “Ross Model” – and we are still unclear exactly what that is – then we suggest (audaciously, we admit), that you separate your charter school from NYU as quickly as possible, despite the ridicule of the NY State Regents to this suggestion, especially Regent Meryl Tisch, who had so much to do with the approval of your charter application, and works with Mr. Richard Halperin at The Citizen’s Budget Commission. At minimum, you should not continue to jeopardize the success of NEST+M to suit your own needs. It looks to us that you will not succeed in realizing your goals within the NEST building. We know that the general public no longer trusts that Mayor Bloomberg and Chancellor Klein are doing a good job in the area of public school education reform. This sentiment will prevail after Mayor Bloomberg’s term of office is over and the media in NYC hopefully will be more open to covering all views and honestly reporting all data. Public opinion seems to be turning against your benefactors right now, and will only continue to grow, and harm your potential for success.

Third reason. The NYC DOE has not been in favor of Gifted and Talented education for many years, at least since the 1980’s. However, this opinion is not shared by the public especially in New York City, where right now there is immense pressure from parents to encourage highly gifted students. There is also the matter of what seems to be Joel Klein’s dislike of Celenia Chevere. His attacks against NEST+m have always been personal and this will become his legacy: using his personal feelings as weapons. We suggest that no foundation built upon this kind of attack will succeed.

Our summary above will be elaborately explained on our website, but we hope that you will re-consider the disastrous destruction of NEST+m. Your Charter school would thrive at another location, and you should pursue establishing an independent school, at a new site. You should leave NEST+M to the parents, staff and administration who have built and maintained it. The Ross Global Academy Charter School will not succeed at 111 Columbia Street, because the general public and those who care about the children most affected by this terrible attack on our nation’s public school system by the rich and powerful wont let you.

Thank you for your consideration of our issues, and we look forward to promoting your charter and your “Ross model” at a location other than 111 Columbia Street.

P. Wilder
Ajamo Kamau
Betsy Combier
betsy@parentadvocates.org

From: Robert Freeman [mailto:RFreeman@dos.state.ny.us] (pictured at right)
Sent: Thursday, April 20, 2006 11:15 AM
To: Solarmedia@aol.com


Subject: Re: Fwd: FOIL Request From The E-Accountability Foundation

I have received your letter concerning the ability of the New York City Department of Education to review and/or confiscate personal notes that you prepared while reviewing records made available to you pursuant to the Freedom of Information Law.

In short, government agencies are subject to the Freedom of Information Law; private individuals are not government agencies and are not required to comply with that law. Further, from my perspective, your notes are your personal property, and the Department would have no right either to review or take possession of your property.

I hope that I have been of assistance.

Robert J. Freeman
Executive Director
NYS Committee on Open Government
41 State Street
Albany, NY 12231
(518) 474-2518 - Phone
(518) 474-1927 - Fax
Website - www.dos.state.ny.us/coog/coogwww.html 


From: Betsy [mailto:betsy@parentadvocates.org]
Sent: Saturday, April 29, 2006 1:59 AM
To: 'Best Michael'
Cc: 'Betsy'

Subject: RE: Your request regarding notes taken about the Ross Charter School Application

Dear Mr. Best,

I will pick up my notes at approximately 10 AM May 1 at Tweed. I suggest that you read Mr. Freeman’s opinion, which is also mine, that my notes are not subject to the Freedom of Information Act/Law, and any change in my notes by your agency or officers is actionable.

Please have my notes in the original form at the front desk on Monday morning, or have the law that covers your statement that you may redact my notes without my permission.
Betsy Combier

From: Betsy [mailto:betsy@parentadvocates.org]
Sent: Saturday, April 29, 2006 2:10 AM
To: 'Robert Freeman'; 'Best Michael'; jklein@nycboe.net;
Cc: 'Betsy'

Subject: FW: Your request regarding notes taken about the Ross Charter School Application

Dear Mr. Freeman,

I request an expedited opinion on the matter outlined below.

On April 18, 2006 at approximately 5PM, , while sitting at a desk at Tweed, Ms. Mashea Ashton, the employee of the NYC DOE with whom I spoke about viewing the Ross Charter Application under FOIL, and the person who gave me the time 2-6PM to read the charter and gave me the 1010 pages to read, told me that I had to give her my notes so she could read them. I unwillingly gave my notes to her, and she told me that she had to seize two pages.

Now, the NYC BOE is informing me that I will get my notes back, but in an altered form. I do not believe that I wrote down any personal addresses.

Please reply as soon as possible, by telephone if necessary: 212-794-8902, or by return email, about the NYC BOE giving me back my personal notes, redacted by them.

Thank you!!

Betsy Combier
betsy@parentadvocates.org

From: Best Michael [mailto:MBest2@nycboe.net]
Sent: Monday, May 01, 2006 8:14 AM
To: Betsy

Subject: RE: Your request regarding notes taken about the Ross Charter School Application

Ms. Combier,

I am afraid that 10 AM this morning will not work for me. Please propose another time tomorrow. Thank you.

Michael Best

From: Betsy [mailto:betsy@parentadvocates.org]
Sent: Monday, May 01, 2006 8:36 AM
To: 'Best Michael'
Cc: 'Betsy'

Subject: RE: Your request regarding notes taken about the Ross Charter School Application

Dear Mr. Best,

I hope that 11AM tomorrow morning will be convenient for you.

Additionally, I request that you give me, in writing, the name of the person in your office who told Ms. Ashton to seize my notes. If you do not give me a name, I will assume that you told Ms. Ashton.

Thank you,

Betsy Combier

From: Best Michael [mailto:MBest2@nycboe.net]
Sent: Tuesday, May 02, 2006 10:46 AM
To: Betsy

Subject: RE: Your request regarding notes taken about the Ross Charter School Application

Ms. Combier,

This will confirm our conversation of a few minutes ago. I explained to you that I am obliged to protect the privacy concern of the person whose personal address you wrote on your notes. I told you that I was trying to reach that person on the telephone but had been unable to do so as yet. I told you that I wanted to find out if this person would consent to release of his personal address. And I asked for a bit more time to try to get a hold of him before you picked up your original notes, because if he consented, I would not have to redact his address on your original notes.

You told me that you would get the notes in 20 minutes, and you said "I should do what I have to do." I told you that you were putting me in a position where I have no choice but to redact your notes in order to protect this individual's privacy interests, and you reiterated that I should do what I have to do, but you were coming to get your notes.

Michael Best

On May 2, 2006 I went to Tweed's front desk and asked for an envelope with my name on it. There was none. I asked the security to buzz Mr. Best. Michael Best came downstairs, and asked me to sit with him for a few minutes. I said, "Sure!" Mr. Best tried to convince me that he must redact my personal notes, and he encouraged me to agree with him. I finally said, "Mr. Best, you are the Attorney here, I am not. So why dont you go to your office and get my two pages from my pad, and bring them to me? If you feel that you must redact my notes, then you do what you feel you must do as an attorney."

He went upstairs and brought me my two pages, unredacted.

I thanked him, and as I turned around to leave, he said, "I enjoyed speaking with you very much."