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Saturday, October 24, 2009

Mike Bloomberg Outspends Everyone Else In the History of America On His Try at a Third Term



What can be said about Mike Bloomberg's spending on his campaign?

We - the general public - are to blame. We elect and re-elect politicians who are not putting the public interest first (see the list of City Council members who voted against the public on the third term issue, below). Think about this very undemocratic move of Mike Bloomberg and his supporters when you go to the voting booth on November 3. Vote NO to the continued sale of NYC public offices. Your vote is important.


Bloomberg Sets Record for His Own Spending on Elections
By MICHAEL BARBARO and DAVID W. CHEN, NY TIMES, October 23, 2009

Michael R. Bloomberg, the Wall Street mogul whose fortune catapulted him into New York’s City Hall, has set another staggering financial record: He has now spent more of his own money than any other individual in United States history in the pursuit of public office.

Newly released campaign records show the mayor, as of Friday, had spent $85 million on his latest re-election campaign, and is on pace to spend between $110 million and $140 million before the election on Nov. 3.

That means Mr. Bloomberg, in his three bids for mayor, will have easily burned through more than $250 million — the equivalent of what Warner Brothers spent on the latest Harry Potter movie.

The sum easily surpasses what other titans of business have spent to seek state or federal office. New Jersey’s Jon S. Corzine has plunked down a total of $130 million in two races for governor and one for United States Senate. Steve Forbes poured $114 million into his two bids for president. And Ross Perot spent $65 million in his quest for the White House in 1992 and $10 million four years later.

“I have never seen anything like this — it’s off the charts,” said Jennifer A. Steen, a lecturer in political science at Yale who has studied self-financed candidates for the last decade. “He’s in a league of his own.”

Mr. Bloomberg has used his wealth, estimated at $16 billion, to establish what appears to be insurmountable financial dominance in the race.

He has spent at least 14 times what his Democratic rival in the race, William C. Thompson Jr., has: $6 million. A Thompson campaign spokeswoman on Friday called the mayor’s spending “obscene.”

Since late September, the pace of Mr. Bloomberg’s spending has drastically accelerated: He is now sending nearly $1 million a day into the city’s economy. The bulk of the money is devoted to advertising on television, radio and the Web, but much of it bankrol ls a first-class approach to parties, snacks and travel.

The campaign has spent $322,521 on food, $293,953 on transportation, $176,066 on furniture and $39,858 on parking.

His lavish spending has confounded political consultants and campaign finance experts, who said that his popularity with New Yorkers, and his built-in advantages as a two-term incumbent, should be sufficient to win him re-election.

“The main thing money does is allow you to get name recognition,” said Meredith McGehee, policy director of the Campaign Legal Center, a watchdog group in Washington. “But in this case, with Bloomberg, because he’s so well known, it’s more like, he can do it, so why not?”

With more than 100 employees, his campaign now has a staff larger than 97 percent of all businesses in New York City. And his political operation has become a one-man economic stimulus program, buying $8,892 worth of pizza from Goodfellas Brick Oven Pizza on Staten Island and in the Bronx. The company had suffered a big drop in business since the start of the recession.

“It’s a huge help,” said Marc Cosentino, one of the owners of Goodfellas. “They don’t have to economize like everyone else.”

Squier Knapp Dunn, the media company responsible for the mayor’s television ads, has taken in $48,313,776. While most of that money pays for TV time, media companies typically receive fees of about 15 percent.

“A number of firms are practically living off of this,” said Steve Malanga, a senior fellow at the Manhattan Institute.

The spending has drawn howls of protest from good-government groups and advocates of campaign finance reform. In interviews, several said, angrily, that the mayor’s decisions to rewrite New York City’s term limits law and then spend wildly to secure re-election, have undermined democratic principles.

“Whether Bloomberg wins or loses, the toxic combination of mega-spending and crass use of his office to bypass the voters on term limits will always be a stain on his mayoralty,” said Gene Russianoff, staff attorney for the New York Public Interest Research Group.

“These twin assaults on municipal democracy will undermine his political clout in a third term and sadly fuel public skepticism about elections and elected officials,” Mr. Russianoff said.

A spokesman for Mr. Bloomberg’s campaign, Howard Wolfson, defended the spending, saying, “Voters in this race have a choice between one candidate who is independent and doesn’t take a dime from special interests and another who practices politics as usual.”

Mr. Thompson, a Democrat, has had the unenviable task of trying to raise money in the middle of a deep recession, when many voters already assume that Mr. Bloomberg will prevail. Their lack of enthusiasm for Mr. Thompson’s candidacy was reflected in his latest campaign finance disclosure, which showed he had raised $270,000 over the last three weeks.

While donations came in at a much brisker pace than in the previous three-week reporting period, when he raised $114,000, that is unlikely to make a dent in Mr. Bloomberg’s advantage. Factoring in public matching funds, Mr. Thompson will have $3 million in the final week and a half of the race.

“This is a clear indication that the momentum of the mayoral race continues to shift towards Bill Thompson,” said Mike Murphy, a spokesman for the Thompson campaign.

But Mr. Thompson’s fund-raising still badly trails that of the two last Democrats who lost to Mr. Bloomberg: the former public advocate, Mark Green, and Fernando Ferrer, the former Bronx borough president.

The newly released records show that Mr. Bloomberg is handsomely rewarding top aides who take leaves from their City Hall posts to join the campaign. His first deputy mayor, Patricia E. Harris, is earning about $28,000 a month. It is a healthy raise: At City Hall, she made about $21,000 a month.

The mayor also typically showers the aides with additional bonuses after Election Day.

All that money shows how far Mr. Bloomberg has come, wealth-wise. His campaign spending this year will nearly equal what his boyhood hometown of Medford, Mass., population 55,000, devotes to its annual budget.

How the Money Was Spent

October 23, 2008, 2:10 pm
Council Votes, 29 to 22, to Extend Term Limits
By Sewell Chan AND Jonathan P. Hicks, CITY ROOM
LINK


The City Council speaker, Christine C. Quinn, was congratulated by two supporters, Councilmen Lewis A. Fidler of Brooklyn, left, and Larry B. Seabrook of the Bronx, after the vote. (Photos: James Estrin/The New York Times)

Updated, 7:30 p.m. | After a spirited, emotional and at times raucous debate, the New York City Council voted, 29 to 22, on Thursday afternoon to extend term limits, allowing Mayor Michael R. Bloomberg to seek re-election next year and undoing the result of two voter referendums that had imposed a limit of two four-year terms.

The vote was a major victory for Mayor Bloomberg — a billionaire and lifelong Democrat who was elected mayor as a Republican in 2001, won re-election in 2005, became an independent last year, and decided just weeks ago that he wished to seek a third term for himself in 2009 — and for the Council’s speaker, Christine C. Quinn. But the intense acrimony surrounding the decision left a sharply divided Council and could ultimately damage the mayor’s popularity.

The new law, which earlier on Thursday sailed through a committee vote, limits elected officials to three consecutive terms and applies to all of the city’s elected officials. It has already begun to upend municipal politics, reshaping the dynamics of next year’s races.

Of the Council’s 51 members, 35 would have been barred by term limits from seeking re-election next year. On Thursday, 23 of those members voted in favor of extending term limits, and 12 voted against.

The Council has 48 Democrats and three Republicans. All three Republicans — James S. Oddo and Vincent M. Ignizio, of Staten Island, and Anthony Como of Queens — voted no.

Over two days of public hearings lasting 19.5 hours last week, and in the floor debate on Thursday, both sides argued that their position was in the best interests of the people.

Opponents of the bill accused the mayor and his supporters on the Council of flouting the will of the people — as expressed in a 1993 voter initiative that established a limit of two consecutive terms and a 1996 referendum in which voters rejected a Council-led effort to change the limit to three terms. They said that democratic procedure demanded a public vote on the issue, no matter what one thinks of Mr. Bloomberg or term limits.

Supporters of the bill said the dire economic situation confronting the city — and the possibility of multibillion-dollar budget shortfalls — demanded continuity of leadership. They said term limits deprived voters of the opportunity to return dedicated politicians to office. They argued that it would be too costly and difficult to put the matter back before the people by holding a special election early next year.

Most experts agreed that the Council had the legal authority to amend the City Charter and override a law created by a referendum, but opponents said lawmakers had no moral right to do so. Two council members had gone to court, arguing that it was a conflict of interest for lawmakers to extend their own terms, but a judge refused to block the vote.

After Public Advocate Betsy Gotbaum, who presides over the Council, announced the final result at 4:35 p.m., the balcony erupted in shouts of “The city’s for sale!” and “Shame on you!”

Mayor Bloomberg’s office issued a statement minutes after the Council’s vote:

Today, the majority of the City Council decided to give the people of New York a fuller choice in the November 2009 election. I believe that was the right choice, and I want to thank Speaker Quinn for her leadership. Those of us who work on both sides of City Hall must now move forward with the important decisions that face us, particularly finding ways to soften the fallout from the economic downturn and balancing our budget as revenues decline. We have a lot of work to do together to get New York through these tough times.

But the city comptroller, William C. Thompson Jr., condemned the vote, calling it “an affront to New Yorkers.”

“It says that their votes and their voice do not matter, that bullying and heavy-handed threats are more powerful than democratic ideals,” said Mr. Thompson, a Democrat who had planned to run for mayor next year. “I am saddened that our mayor and majority of City Council members have put individuals before principles. Today our government chose to empower itself rather than the people it serves.”

Representative Anthony D. Weiner of Queens and Brooklyn, who sought the Democratic nomination for mayor in 2005, said outside City Hall, “Today is a sad day for New York’s democracy, and I’m disappointed.”

He added: “I’m running for mayor. The middle class and those struggling to make it in this city deserve to have a voice. They had their voice taken away from them today, and I’m going to fight to be that voice.”
balcony crowdOpponents of the bill to extend term limits without a public vote crowded the balcony of the Council chamber.

Earlier, at 3:22 p.m., the Council rejected, 28 to 22, a key amendment that would have called for a public referendum on term limits by summoning a Charter Revision Commission, which would schedule a special election. One member, James Sanders Jr. of Queens, abstained on the amendment. Opponents of the bill to extend term limits saw the amendment as their best chance of stopping the mayor.

When Ms. Gotbaum announced the vote count on the amendment, groans erupted from the balcony, which was packed with members of the public opposed to extending term limits without a public vote.

The Council immediately turned its attention to the mayor’s bill, and so began the main floor debate.

The Floor Debate

Councilman Bill de Blasio of Brooklyn, who supported the amendment, warned his colleagues that the Council’s legitimacy would be forever tarnished.

“The people of the city will long remember what we have done here today, and the people will be unforgiving,” Mr. de Blasio said. “We are stealing like a thief in the night their right to shape our democracy.”

Councilman David Yassky of Brooklyn, one of three members who had introduced the amendment, announced that despite its defeat, he would vote for the underlying bill. He said that term limits were bad public policy and that a limit of 12 years, instead of 8, would help strengthen future lawmakers in the face of strong mayors.



Councilwoman Letitia James of Brooklyn (pictured above) adamantly disagreed. “The city of New York has never, ever in the history of our nation postponed a transfer of power, regardless of the circumstances,” she said, citing an editorial in The New York Times in 2001, when Mayor Rudolph W. Giuliani sought, without his success, to extend his term by three months in the aftermath of 9/11.

“My constituency wants the opportunity to vote for this,” and if they do not have that opportunity, “they want me to vote no,” Councilwoman Rosie Mendez of Manhattan said.

Councilman Tony Avella of Queens called the term limits bill “an absolute disgrace,” and warned sternly: “You’re not conning anybody. The public of this city knows that the fix was in from the beginning.”

He added: “You should all be voted out of office for voting for this. Vote this down!”

Councilman Domenic M. Recchia Jr. of Brooklyn urged his colleagues to extend term limits, citing the economic crisis. He paraphrased Abraham Lincoln, who ran for re-election in 1864 during the Civil War, as saying, “When crossing a river you don’t swap horses halfway.”

Councilman Lewis A. Fidler of Brooklyn said he would vote to extend term limits because he had always believed they were a bad idea. “I’m pleased that the billionaires have finally come around to my point of view,” he said to laughter, adding that he did not care about any of the three billionaires who have inserted themselves into the debate: Mayor Bloomberg, Ronald S. Lauder and Tom Golisano.

Councilman G. Oliver Koppell of the Bronx said the Council was acting within its full authority to amend the City Charter, which was amended in 1993 by a voter initiative that imposed a two-term limit. “The Charter can be amended in different ways for different things,” he said. “We’re acting within the rules.”

Councilman John C. Liu of Queens denounced what he called the “arrogance” of Mayor Bloomberg, who promised Mr. Lauder that he would convene a charter revision commission in 2010 to revisit the issue of term limits. Such a commission should be convened next year instead, he said.

Councilman Eric N. Gioia of Queens urged his colleagues to preserve the existing term limits, saying, “It’s no wonder that people no longer trust politics or politicians.”

‘An Ethical Bind’

Councilman Alan J. Gerson of Manhattan, one of the three authors of the amendment, drew hisses from the balcony when he announced he would support the underlying bill:

The possibility of a referendum is now impossible — unfortunately, in my opinion. We are therefore left with two stark alternatives: either we decide not to extend term limits, or we decide to extend term limits. The same democratic principles which led me to support a referendum compels me, under this choice before us, to vote yes on this bill.

While a public vote would have been preferable, Mr. Gerson said, “it would set a terrible precedent to raise a referendum result to the level of absolute constitutional principle.” He said New Yorkers deserved to have “a debate” about the merits of continuity in leadership.

As the main roll call got under way at 4 p.m., Councilman Charles Barron, a firebrand on the Council, attacked Mr. Recchia by name, saying, “We’ve got to prioritize the will of the people over the fish of your aquarium,” a reference to the New York Aquarium, which is in Mr. Recchia’s southern Brooklyn district and has received city financing. Mr. Barron told Councilman Leroy G. Comrie Jr., who earlier had quoted Thomas Jefferson. “If you’re gong to quote somebody, don’t quote Jefferson, a slave-holding pedophile,” Mr. Barron thundered.

Mr. Barron concluded, “Even though the mayor will win today, he is the big loser, because he lost democracy, he lost the favor of the people.”

Councilwoman Gale A. Brewer of Manhattan said she was in an “ethical bind” and said she felt she was open to “accusations of hypocrisy.” She decided to vote no on extending term limits.

“This is a defining moment, a game-changing moment, that marks not the end of a process, but the beginning of a process,” Ms. James said as she cast her dissenting vote.

“If my constituents are not satisfied with the work I’ve done on the City Council, they will vote me out,” Councilman Miguel Martinez of Manhattan said as he voted yes.

“Yes, we will!” came a cry from the balcony, as Ms. Gotbaum banged the gavel, calling for order.

Similarly, as Councilman James Vacca of the Bronx announced that he was voting yes, a voice from the balcony cried out, “Sell-out!”

Councilman Thomas White Jr. of Queens was in an unusual position: He was forced out by term limits after the 2001 elections but came back to the Council after defeating his successor, Allan W. Jennings Jr., who was censured by the Council for sexually harassing subordinates.

Mr. Yassky tried to preserve his image as a reformer. “I don’t think that the throw-the-bums-out policy that is embodied in term limits and in Ron Lauder’s campaign to maintain it is reform,” Mr. Yassky said before voting yes.

Councilman James S. Oddo, the leader of the three-member Republican minority on the 51-member Council, said jokingly that he was hesitant about giving a speech because “I’ve had enough YouTube exposure for two lifetimes.” (A video of Mr. Oddo cursing loudly at a Borat-style prankster was widely circulated on YouTube.)

Mr. Oddo warned, “When the gods wish to punish us, they answer our prayers.” He voted no.

Debating the Amendment

The Council meeting began at 2:22 p.m., nearly an hour after the scheduled start time of 1:30 p.m., and began with a speech from the Council speaker, Ms. Quinn.

“This is a difficult vote in very difficult times,” she said. Reiterating arguments she made hours earlier, at a news conference, Ms. Quinn argued that continuity of leadership was essential, saying the city faces its gravest crisis since the Depression.

She added:

Make no mistake: I believe that our great city will get through these challenges and emerge stronger than ever before. I also believe that in challenging times like these, the voters should have the choice — the choice to continue their current leadership. They should have the right to vote for the current mayor, or a new one, for their current City Council member, or a new one. That is exactly what is at stake today.

When Ms. Quinn said it was “ludicrous” for critics to suggest the bill was the product of a “back-room deal,” a chorus of boos and jeers erupted from the balcony. Ms. Quinn said the bill had been the subject of vigorous discussion, including “two, well-attended public hearings, 20 hours of public hearings and a vigorous debate.”

“Support for this bill is broad and deep,” she said, citing union officials and former elected officials like Gov. Mario M. Cuomo and Mayor Edward I. Koch.

“From Floyd Flake to Felix Rohatyn, the brightest minds with the deepest understanding of the crisis this impact could have in our neighborhoods have come forward in support of extending term limits from two terms to three,” she said.

In one year, she said, “voters will have the right to re-elect us, or defeat us, in the voting booth.”

“The debate today is an important one, but ultimately it is a debate about process,” she said, adding, “By passing this bill, we are increasing voter choice.”

She added, “None of us are arrogant enough to believe we are indispensable. But we are confident enough and secure enough in our ability to help this city we love that we are willing to stand before voters on Election Day and ask them to re-elect us.”

Ms. Quinn tried to preempt criticism that the bill represents “a deal between billionaires, with no one else having a say,” by arguing that she and other supporters of the bill are far from billionaires.

Mr. Yassky, of Brooklyn, spoke next. He rose and proposed an amendment that would require a public referendum on term limits, by convening a Charter Revision Commission. He said the commission could call a special election on term limits for early next year.

Mr. Yassky said he opposed term limits but that the Council’s legitimacy as a democratic body was at stake. “Voters have approved term limits twice, including once when they specifically chose to keep the two-term limit rather than go to three terms. For us to reject those votes and those voters will, without question, make New Yorkers more cynical about politics,” he said.

Mr. Yassky cited a Quinnipiac University poll showing that 89 percent of voters supported a referendum. “That should tell you that a referendum is the right way to go,” he said, to scattered applause from the balcony.

“The only serious objection I have heard to a referendum is that it might lose,” he said. Mr. Yassky said that with an “extraordinarily popular mayor,” newspaper editorial pages and lawmakers on its side, a measure to extend term limits would pass a popular vote.

Mr. de Blasio agreed. “By voting yes on the amendment, we are saying to the people of New York City that we respect what they require of us as public servants,” he said.

Councilman Charles Barron, of Brooklyn, assailed Ms. Quinn’s logic. “If we are talking about a direct democracy, where the people rule, and a representative democracy, where those who represent the people come to vote — if you do this, you’re undermining the very people who vote you in to represent them, because their voices were already heard,” he said.

Mr. Barron, a fiery critic of Ms. Quinn and Mr. Bloomberg, added, “The bottom line: Mayor Bloomberg has not been the best person to run this city. It was under this watch we got into this economic mess. He came in worth $5 billion. He’s now worth $20 billion. And he comes to this Council wanting to cut the budget.”

Mr. Barron noted that voters in Venezuela in 2007 rejected a proposal by President Hugo Chávez that would have allowed him to run for re-election indefinitely. “Mayor Bloomberg, be like Hugo, and let the people decide,” Mr. Barron said.

“I personally am against term limits, but I am against a process that doesn’t go back to the voters,” said Councilman David I. Weprin of Queens.

‘Let’s Have a Backbone’

Mr. Gerson, of Manhattan said, “We are left with selecting among alternatives which each have significant flaws,” and called it “a difficult, wrenching decision.” He noted that the amendment was structured so that if a special election could not be held early enough for next year’s election cycle, the Council could revisit the issue.

Councilman Lewis A. Fidler, a Brooklyn Democrat, called the amendment “a cure that’s worse than the disease.” Because of the need for a Justice Department voting rights review and the time to convene a Charter Revision Commission, Mr. Fidler said, there was little realistic chance that a special election could be held before nominating petitions will be circulated in June for the November 2009 election.

Council members Letitia James and Vincent J. Gentile of Brooklyn argued that extending term limits would damage the body’s legitimacy. “From the very beginning, the process has been the problem,” Mr. Gentile said. “The amendment will let the public know that their voices are being heard as clearly as ever.”

Councilman Robert Jackson of Manhattan said he had always been an implacable opponent of term limits. “Let’s have a backbone,” he said, saying his colleagues had been elected to represent their constituents.

Councilman Anthony Como of Queens said it would cost $15 million to hold a special election “and we know what the answer is going to be.” Mr. Como urged his colleagues to vote no on both the amendment and the underlying bill.

Councilwoman Rosie Mendez of Manhattan disagreed. “It doesn’t matter if the cost is $5 million, $15 million or $15 billion,” she said. “The people have a right to vote.” Council members Annabel Palma of the Bronx and Vincent M. Ignizio of Staten Island said they agreed.

Councilman John C. Liu, of Queens, said he opposed term limits, but argued that to abolish them without a popular vote would foster cynicism. “Term limits were not enacted in New York City as the result of a rich man’s ad campaign, as has been suggested, but were born out of a deep cynicism for politics, for elected officials, not only here in New York City, but all across America,” he said.

Councilman Tony Avella of Queens gave a stirring speech:

The people voted twice for term limits. Their message could not have been clearer. for this body to overturn that without going back to the people is undemocratic and disgraceful. There is no excuse for this. Pass the amendment. Put it back to the people. Anything less than that just goes to the heart of what people say about politicians. Do you want to be remembered as the politicians who voted to ignore the will of the people?

A Packed Chamber

Even before the meeting started, as members took their red leather seats, throngs of journalists had assembled on both sides of the Council’s dais. The Council’s sergeants-at-arms restricted access to the main floor of the chamber to lawmakers, their staffs and the press; ordinary members of the public were directed to the balcony, which was standing-room-only.

But many people who tried to enter the chamber were turned away by the sergeants-at-arms.

One was Gene Russianoff, the senior attorney with the New York Public Interest Research Group, a government watchdog group that has been opposed to the mayor’s effort to extend term limits. He made several attempts to plead with the Council’s doorkeepers to get access and was rebuffed each time. Finally, he said, he threw himself on the mercy of one of the Council staff members whom he had known for some time.


Councilman Charles Barron of Brooklyn denounced the effort to change term limits without a public referendum.

In the end, he was able to get a seat in the balcony. “I was able to get in because of the relationship I have with some people on the staff here,” Mr. Russianoff said. “But the average New Yorker would not have fared as well as I did. That’s a problem for the average New Yorker who wants to participate in the process.”

Dan Cantor, the executive director of the Working Families Party, was not so fortunate. He got as far as the hallway outside of the Council Chamber but was told that he couldn’t enter the large meeting room.

“It’s outrageous that they are keeping people out of the meeting,” said Mr. Cantor, whose organization has also been a leading opponent to the Council extending term limits.

“They know that this meeting would draw a lot of interest from the public,” Mr. Cantor said. “And they should have made some provisions to accommodate the public.”

Roll Call, 3:22 p.m., on an amendment calling for a public referendum on term limits:

28 no, 22 yes, 1 abstaining.

Joseph P. Addabbo Jr. of Queens, yes; Maria del Carmen Arroyo of the Bronx, no; Tony Avella of Queens, yes; Maria Baez of the Bronx, no; Charles Barron of Brooklyn, yes; Gale A. Brewer of Manhattan, yes; Anthony Como of Queens, no; Leroy G. Comrie Jr. of Queens, no; Bill de Blasio of Brooklyn, yes; Inez E. Dickens of Manhattan, no; Erik Martin Dilan of Brooklyn, no; Mathieu Eugene of Brooklyn, yes; Simcha Felder of Brooklyn, no; Lewis A. Fidler of Brooklyn, no; Helen D. Foster of the Bronx, no; Daniel R. Garodnick of Manhattan, yes; James F. Gennaro of Queens, yes; Vincent J. Gentile of Brooklyn, yes; Alan J. Gerson of Manhattan, yes; Eric N. Gioia of Queens, yes; Sara M. Gonzalez of Brooklyn, no; Vincent M. Ignizio of Staten Island, yes; Robert Jackson of Manhattan, no; Letitia James of Brooklyn, yes; Melinda R. Katz of Queens, no; G. Oliver Koppell of the Bronx, no; Jessica S. Lappin of Manhattan, no; John C. Liu of Queens, yes; Melissa Mark-Viverito of Manhattan, yes; Miguel Martinez of Manhattan, no; Michael E. McMahon of Staten Island, yes; Darlene Mealy of Brooklyn, no; Rosie Mendez of Manhattan, yes; Hiram Monserrate of Queens, yes; Michael C. Nelson of Brooklyn, no; James S. Oddo of Staten Island, yes; Annabel Palma of the Bronx, yes; Christine C. Quinn of Manhattan; no; Domenic M. Recchia Jr. of Brooklyn, no; Diana Reyna of Brooklyn, no; Joel Rivera of the Bronx, no; James Sanders Jr. of Queens, abstain; Larry B. Seabrook of the Bronx, no; Helen Sears of Queens, no; Kendall Stewart of Brooklyn, no; James Vacca of the Bronx, no; Peter F. Vallone Jr. of Queens, no; Albert Vann of Brooklyn, no; David I. Weprin of Queens, yes; Thomas White Jr. of Queens, no; David Yassky of Brooklyn, yes.

Roll Call, 4:35 p.m., on Introduction 845-A, to extend term limits for New York City elected officials to three terms from two:

29 yes, 22 no.

Joseph P. Addabbo Jr. of Queens, no; Maria del Carmen Arroyo of the Bronx, yes; Tony Avella of Queens, no; Maria Baez of the Bronx, yes; Charles Barron of Brooklyn, no; Gale A. Brewer of Manhattan, no; Anthony Como of Queens, no; Leroy G. Comrie Jr. of Queens, yes; Bill de Blasio of Brooklyn, no; Inez E. Dickens of Manhattan, yes; Erik Martin Dilan of Brooklyn, yes; Mathieu Eugene of Brooklyn, no; Simcha Felder of Brooklyn, yes; Lewis A. Fidler of Brooklyn, yes; Helen D. Foster of the Bronx, yes; Daniel R. Garodnick of Manhattan, no; James F. Gennaro of Queens, no; Vincent J. Gentile of Brooklyn, no; Alan J. Gerson of Manhattan, yes; Eric N. Gioia of Queens, no; Sara M. Gonzalez of Brooklyn, yes; Vincent M. Ignizio of Staten Island, no; Robert Jackson of Manhattan, yes; Letitia James of Brooklyn, no; Melinda R. Katz of Queens, yes; G. Oliver Koppell of the Bronx, yes; Jessica S. Lappin of Manhattan, no; John C. Liu of Queens, no; Melissa Mark-Viverito of Manhattan, no; Miguel Martinez of Manhattan, yes; Michael E. McMahon of Staten Island, no; Darlene Mealy of Brooklyn, yes; Rosie Mendez of Manhattan, no; Hiram Monserrate of Queens, no; Michael C. Nelson of Brooklyn, yes; James S. Oddo of Staten Island, no; Annabel Palma of the Bronx, no; Christine C. Quinn of Manhattan; yes; Domenic M. Recchia Jr. of Brooklyn, yes; Diana Reyna of Brooklyn, yes; Joel Rivera of the Bronx, yes; James Sanders Jr. of Queens, yes; Larry B. Seabrook of the Bronx, yes; Helen Sears of Queens, yes; Kendall Stewart of Brooklyn, yes; James Vacca of the Bronx, yes; Peter F. Vallone Jr. of Queens, yes; Albert Vann of Brooklyn, yes; David I. Weprin of Queens, no; Thomas White Jr. of Queens, yes; David Yassky of Brooklyn, yes.

October 24, 2008
NYC Bloomberg Got What He Wanted, but at What Price?
By CLYDE HABERMAN, NY TIMES

Having legislatively muscled his way into a possible third term as mayor, Michael R. Bloomberg now faces what may be a more onerous challenge: How to convince New Yorkers that they can believe a single thing he says.

It isn’t just that Mr. Bloomberg inched away from a position that he once cast as an inviolable principle. He did a complete 180. We’re talking, of course, about term limits for the mayor and other senior elected officials, including the 51 members of the City Council.

As you know, New York voters twice passed referendums limiting those officials to two consecutive terms. No one benefited more from the plebiscites than Mr. Bloomberg. Without them, we might well still be talking about Mayor Rudolph W. Giuliani. So supposedly sacred was the people’s voice to Mr. Bloomberg that he used to proclaim, “We cannot ignore their will,” and certainly not by legislative fiat.

But on Thursday, at Mr. Bloomberg’s bidding, a majority of the Council thumbed its nose at the voters and stretched the limit to a third term. The majority was unusually narrow for a Council vote, 29 to 22, reflecting the emotional, intellectual and political ferment over the issue.

Still, in the end, the Council did exactly what the mayor and some of his fellow billionaires wanted it to do. It didn’t do badly by itself, either. Three dozen members are due to be forced out of office next year. They just bought themselves an incumbency insurance plan. In this town, it’s easier to hail a cab in the rain at 5 p.m. than it is to kick a local lawmaker out of office.

But the real issue for many New Yorkers will be Mr. Bloomberg and his credibility, now that he has turned his back so thoroughly on the expressed will of the people and on his own past statements.

His argument is that times are hard, that continuity is extra important and that voters deserve a chance to keep him.

As on other occasions, he seems to believe that because his overall approval ratings are high, New Yorkers will smile on whatever he does.

That isn’t the case. The trouncing that he took on big issues like nonpartisan elections, the West Side stadium and congestion pricing makes that clear.

What the mayor plays down in his emphasis on the financial crisis is that he was exploring ways to cling to office long before the stock market went into a kamikaze-like dive. But he hemmed and hawed for months. Had he not done that, another referendum on term limits could have easily been put on the Nov. 4 ballot to see if New Yorkers had changed their minds.

The Council has rewarded him for his dithering.

There can be no doubt how New Yorkers feel. In a survey issued this week by the Quinnipiac University Polling Institute, 89 percent said that a new referendum — not a City Council deal — was the way to go. A mere 7 percent preferred to go through the Council.

Till now, had you ever known 89 percent of New Yorkers to agree on anything? “You just don’t get numbers like this,” said Maurice Carroll, director of the polling institute.

On Thursday, some council members warned that their vote would inevitably increase public cynicism about politicians at the worse possible time — just when the Council will be forced to make hard fiscal choices and will need every ounce of citizen support it can muster.

That turns the spotlight on the Council speaker, Christine C. Quinn, who has been the mayor’s handmaiden on altering term limits and whose own credibility took severe hits. She, too, used to preach about the sanctity of the people’s voice.

Ms. Quinn said on Thursday that her sole interest was the common weal. New Yorkers, she said, now have a chance to vote for “consistent leadership” during this crisis. When reminded at a news conference that she used to hold a diametrically opposite position on how to change term limits, she said that elected officials go off course if they “do not evolve” when circumstances change.

In other words, she had to be inconsistent to provide consistency. We’ll let you parse that one.

No doubt, both she and Mr. Bloomberg are betting that by the next municipal elections in 2009, people will have either forgotten about this controversy or will weigh it as but one factor among many in deciding who they want in charge. (Can’t you already hear the mayor saying, O.K., you may not like what I did, but c’mon, who do you want now, me or Anthony Weiner or Bill Thompson?)

The mayor’s hope is that voters will eventually see Thursday’s action as not a betrayal of democracy, but as a blessing in disguise.

Those were the words used by Winston Churchill’s wife, Clementine, after British voters ousted him as prime minister in July 1945. “It may well be a blessing in disguise,” she told him.

To which Churchill replied, as many New Yorkers may be saying today, “At the moment it seems quite effectively disguised.”

E-mail: haberman@nytimes.com

Political Money: Deregulating American Politics
The Hoover Institution on War, Revolution and Peace
LINK

These articles are the work of political scientists, lawyers, and economists analyzing campaign finance law and its consequences in the United States today and over the past several decades.

If It's Not Broken . . . or Is It?
Frank J. Sorauf

Campaign Finance Regulation: Faulty Assumptions and Undemocratic Consequences
Bradley A. Smith

PACs and Parties
Larry J. Sabato

Liberty of the Press under Socialism
Williamson M. Evers

Why Congress Can't Ban Soft Money
David M. Mason

Campaign Finance Reforms and the Presidential Campaign Contributions of Wealthy Capitalist Families
Michael Patrick Allen and Philip Broyles

Where Are We Now? The Current State of Campaign Finance Law
Trevor Potter

Political Money: The New Prohibition
Annelise Anderson

PART TWO: SUPREME COURT OPINIONS

Partial Dissent/Partial Concurrence of U.S. Supreme Court Justice Thomas in the Case of the Colorado Republican Federal Campaign Committee and Douglas Jones, Treasurer, Petitioners v. Federal Election Commission
Clarence Thomas

Partial Dissent/Partial Concurrence of Chief Justice Burger in the Case of Buckley v. Valeo
Warren Burger

Supreme Court Reconsiders Contribution Limits
Dan Manatt

Sunday, October 18, 2009

First Amendment Rights and the Case of Debbie Almontaser


Leadership, Law, and Policy
Another Blow to Civic Discourse: Almontaser v. NYC Board of Education
Posted By David Bloomfield On September 14, 2009
LINK

Earlier this month, U.S. District Court Judge Sidney H. Stein issued a decision in Almontaser v. New York City Board of Education 07 Civ. 10444, finding that a principal fired for statements leading to a misleading press report was not protected under the First Amendment.

The decision and the actions it protects are problematic on grounds of law and policy. First is the misapplication of precedent by the District Court, carried over from an earlier opinion and repeated by a Circuit Court ruling in the same case. Second, and perhaps more seriously, is the extent to which the Bloomberg administration continues to push a policy agenda squelching free expression.

Background

On August 5, 2007, New York Post reporter Chuck Bennett interviewed Debbie Almontaser, the interim acting principal of the Kahlil Gibran International Academy, a New York City public school which was due to open the following September. KGIA was the focus of intense public scrutiny for its emphasis on Arab language and culture. Also at issue was an allegation that Almontaser had ties to Arab Women Active in the Arts and Media which had created t-shirts stating “Intifada NYC.”

Asked about her affiliation with AWAAM and the t-shirts during the interview, which was organized and monitored by the New York City Department of Education’s press office, Almontaser denied any connection with the organization and explained she would never affiliate herself with an organization condoning violence. Further, she explained that the root of the word means “shaking off.”

The next day, the Post published Bennett’s story under the headline “City Principal is ‘Revolting.” with a picture of Almontaser captioned, “Furor: The Pro-violence shirt is being defended by Principal Debbie Almontaser.” The story also incorrectly added the phrase “and shaking off oppression” to Almontaser’s statement.

As a result of the ensuing controversy over Almontaser’s misattributed remarks and the paper’s incendiary language, the DOE forced her to resign the interim principal post and, when the permanent position of principal was advertised, quickly passed over her application. Almontaser then sued the DOE (technically, the New York City Board of Education) for retaliatory firing in violation of her First Amendment right to free speech.

Legal Mistake

The courts found that Almontaser lacked First Amendment protection because her remarks took place in the context of her public employment. While the facts above, as described by the District Court, clearly point to the interview as an official duty under the supervision of the DOE, Almontaser claimed that her misreported “intifada” remarks were disconnected from her statements about KGIA and her employment there.

Educators’ political statements on matters of general public interest have long been protected under the U.S. Supreme Court’s 1968 decision in Pickering v. Board of Education. But the District and Circuit courts relied on a more recent case, Garcetti v. Ceballos, which held that speech by a public official is only protected if it is engaged in as a private citizen, not if it is expressed as part of the official’s public duties.

However, the Almontaser courts failed to acknowledge Garcetti’s explicit exemption for statements related to academic matters. The majority stated, “We need not, and for that reason do not, decide whether the analysis we conduct today would apply in the same manner to a case involving speech related to scholarship or teaching.” at p. 13. That determination – clearly at issue but ignored in Almontaser — was reached by the Court because of Justice Souter’s clear statement in dissent:

“As for the importance of such speech to the individual, it stands to reason that a citizen may well place a very high value on a right to speak on the public issues he decides to make the subject of his work day after day. Would anyone doubt that a school principal evaluating the performance of teachers for promotion or pay adjustment retains a citizen’s interest in addressing the quality of teaching in the schools? . . . Indeed, the very idea of categorically separating the citizen’s interest from the employee’s interest ignores the fact that the ranks of public service include those who share the poet’s “object … to unite [m]y avocation and my vocation;” these citizen servants are the ones whose civic interest rises highest when they speak pursuant to their duties, and these are exactly the ones government employers most want to attract. There is no question that public employees speaking on matters they are obliged to address would generally place a high value on a right to speak, as any responsible citizen would.” at 5, footnotes omitted.

Thus, a strong argument can be made that, despite the context of an official interview like that in Garcetti, Almontaser met that case’s exception by commenting as an educator on a matter of general public interest related to the academic focus of her school. Such a result is consistent with Garcetti and the high value the Constitution places on public discourse in a free society.

Problematic Policy

Even accepting the courts’ mistaken analysis, the firing of a principal for a controversial remark – and here, a remark she did not even make! – is dangerous public policy. By firing Almontaser, the Chancellor (and by extension, the Mayor he works for), has impoverished robust public debate, a core value of a free society.

This is nothing new. The Mayor has shown hostility to unruly voices before. His preventive detention of protestors at the Republican National Convention in 2004 was subsequently met by wholesale dismissal of police charges. He banned the wearing of campaign buttons by teachers, an action upheld in court.

But just because the Mayor can suppress speech, doesn’t mean he must suppress speech. The First Amendment exists to promote a marketplace of ideas and we are the losers when government limits access to unpopular thought.

In the Almontaser case, the Mayor’s famous espousal of principal autonomy is once again exposed as an empty promise that “You can do as you like as long as I like what you do.” Such a philosophy may lead to smooth operational control but the public sector and schools, especially, are the worse for it. Public institutions are fundamentally strengthened by American values of active civic discourse. The courts should pay heed the next time the city puts free expression to the test.

Monday, October 12, 2009

Fair Student Fudging In The New York City BOE Money Department

If something doesn't seem right, my mom used to tell me, then it's not.

What, may I ask, is the reason for the hiding of where all the federal stimulus money is going? Any voter thinking about the next four years may want to know that the next Mayor handles our financial resources wisely, and not SECRETLY????? I think that Mr. Domanico's editorial below is misleading. Of course everyone is favorable to "Fair Student Funding" if that is indeed what the financial picture is all about. But we New Yorkers know that the NYC BOE is expanding their public relations office and hiring people for positions at Tweed that may or may not be needed, while kids in public schools dont get anything that they need - like new buildings to lower class size, books, safe environments, art, music, dance, sports, etc. Oh, dont forget about all the no-bid contracts, more in number now than in any previous administration.

Have you tried to file a Freedom of Information request to find out where money goes after it enters the doors of 'Central Headquarters' of the NYC BOE? Good luck. Mr. Joseph Baranello, the "new" Central Records Access Officer (CRAO) for FOIL at the NYC BOE, seems to be as willing as former CRAO Christine Kicinski was in withholding information from the public.

So, when the NY POST announces that there is a $1 Billion waste at the NYC BOE, we are supposed to "trust" that the "Fair Student Funding" formula is working?

I dont. I think the public has the right to know what is going on here, and we are not swayed any more by fancy titles of "Fair" Student ....anything. Give us the statistics and facts, and let us decide.



Mayor Mike Bloomberg's next big test: He and Klein have to prevail on Fair Student Funding
BY Raymond Domanico, SPECIAL TO THE NEWS, October 12th 2009
LINK

Mayor Bloomberg and Schools Chancellor Joel Klein have passed the test of mayoral control. It was difficult, but the issue was simple: Who's in charge?

Their next test is very different.

The mayor and chancellor must now preserve - and even strengthen - their Fair Student Funding formula in the face of a major challenge by the United Federation of Teachers and others.

The question of how money is allocated to schools is just as vital as the basic question of who is in charge.

In the past, before Fair Student Funding was implemented, the school system was happy to talk about the many needs of its students when it was seeking money. In fact, the old Board of Education and the corrupt local community school boards used the chronic failure of students and schools as a fund-raising device.

Once they got the money, though, the funding rarely found its way to the neediest students. Because the old formula linked funding to teachers' salaries, often schools with the greatest need received less money than schools with fewer problems and higher levels of performance. If a school served a large group of "high needs" students, it attracted teachers with less seniority and, therefore, lower salaries. At the same time, schools with fewer students with high needs but with more senior (and therefore better-paid) teachers were granted extra money to cover those salaries. When the system got more money in the old days, the rich got richer - the better schools with higher paid teachers received more money. The students and schools in the city's poorer neighborhoods received, proportionally, less.

Fair Student Funding attempts to reform this patently unfair system. Under this approach, money is allocated to schools based upon student needs. The money remains there to be used as that school sees fit. This system says that the students' needs are more important than making sure things stay convenient for teachers.

Why is the UFT so opposed to Fair Student Funding? The complaint heard most often is that Fair Student Funding is somehow responsible for the creation, or continued existence of, the so-called Absent Teacher Reserve pool - currently some 1,500 tenured teachers who have been released from their schools and who have not been picked up by other schools.

The reserve pool problem is a complicated one, and there have been many changes in a school system that has contributed to its existence. We do know that Fair Student Funding plays no role in putting teachers into the reserve pool. That happens when the Department of Education closes failing schools, or when certain programs are discontinued or when enrollment in a school declines, causing the school to cut its staff.

Many teachers go into the reserve pool temporarily and then are picked up by another school. Some stay in the pool for a year or more. That's when the problems arise. A previous round of negotiations with the teachers union led to the removal of a procedure whereby senior teachers who had been let go from their schools could "bump" junior teachers in other schools. Principals were given more discretion over whom they had to hire.

These factors are made worse by the fact that tenured teachers have ironclad job protection.

What critics are not focusing on are the ways that Fair Student Funding benefits schools with high-needs students. These schools are allowed to keep the money to which they are entitled; teachers' salaries are not an issue. If the school has lower- paid teachers, they can use any "excess" to buy other types of services or materials. They can even hire more teachers.

What's wrong with this? Nothing. The students in these schools are clearly in need. If they either can't entice senior teachers, or if they are happy with the junior teachers they have, why shouldn't they be allowed to use the money allocated for their particular students' needs for more books, supplies or additional staff? Why should the needs of their students be used to bring money to the school system so that teachers in other city schools can have higher salaries?

Not only must Bloomberg and Klein resist attempts to roll back Fair Student Funding, they must put the program in place quickly, removing any restrictions. They must also seek other ways to focus the resources of the system on those students most in need.

While more complicated and less dramatic than the mayoral control challenge, this test is more important. The mayor and chancellor need to prepare well, apply themselves to the material and pass.

Domanico is senior education adviser for Industrial Areas Foundation - Metro NY.



$1B ed. 'waste'
By SUSAN EDELMAN, October 11, 2009
LINK

The $1 billion in stimulus cash being spent in city schools this year has not created new jobs, and may be one of worst uses of funds aimed at jumpstarting the economy, experts say.

The Department of Education doled out $625 million this year to 1,475 schools, instructing that most of the money go for staffers that "would otherwise have been cut." The rest is helping pay the rising cost of fringe benefits and administrative costs.

No cash is going to build or repair schools.



Chancellor Joel Klein had threatened 14,000 teacher layoffs before the stimulus, but not one has gotten a pink slip.

Instead, the DOE now has 1,400 "excess" teachers getting paid without jobs to fill.

It's fiercely debated whether the DOE's gobbling up $2 billion in stimulus funds over two years -- 36 percent of the city's total share -- is boosting the economy or bloating a bureaucracy.

"In the short run, you cushion the recession," said Paul Wachtel, an economics professor at NYU's Stern School of Business.

Even if Klein's layoff threat was "a charade -- scaring the public to boost funding," he said, keeping more educators employed will keep them spending on goods and services in the marketplace.

But Nicole Gelinas, a fellow at the Manhattan Institute, said the $22 billion DOE budget -- up nearly 68 percent under Mayor Bloomberg -- is already too swollen.

"Most of this money is going for personnel with higher salaries and pension costs," she said, noting that 13,157 DOE staffers make six figures.

"The city's crumbling infrastructure is getting short shrift because powerful special interests like education unions squawk the loudest."

The DOE refused to release a report detailing how it has spent the stimulus funds so far. The report had to be filed with the feds by yesterday before a public posting on Oct. 30.

In divvying up the bucks, the DOE gave a total of $459 million for "fiscal stabilization," $334 million to Title I schools, where 40 percent of kids receive free or reduced-price lunches, and $157 million for special ed.

Doug Turetsky, of the Independent Budget Office, says the DOE faces a possible crisis in 2012, when the stimulus ends.

But the department isn't worrying about it yet.

"It's too early to tell," said spokeswoman Ann Forte. "We don't know if the economy will bounce back. Or maybe Congress will pass another stimulus bill."

susan.edelman@nypost.com

Schools Chancellor Joel Klein to lay off low-paid school aides, add high-priced consultants
Juan Gonzalez - News, Wednesday, September 16th 2009
LINK

Schools Chancellor Joel Klein will lay off hundreds of low-paid school aides next month - mostly in the city's poorest school districts - while ramping up his army of high-priced computer consultants.

On Monday, the city's education policy board approved a new four-year, $54 million computer contract with Future Technology Associates.

Before Monday, Florida-based FTA had a no-bid contract to supply 63 consultants to the Department of Education at an average annual cost of $250,000 apiece.

Under the new contract, FTA will supply up to 10 additional consultants this year at the same $250,000 average price tag.

Amazingly, the DOE issued pink slips in the past few days to 14 of its computer department employees. Average pay for those workers is a mere $65,000.

"Our workers are capable of doing those FTA jobs, so why is the city laying them off and paying three or four times more for outside consultants?" said one leader of District Council 37, the city employees union.

Even more startling is the DOE's plan to slash nearly 600 school aides by mid-October. The part-time aides - who typically perform hallway and cafeteria duty, transport sick children and do paperwork for the school lunch program - are paid an average of $17,500 a year, including fringe benefits.

The layoffs are supposed to be part of an across-the-board 5%budget cut for all schools. An analysis of the layoffs done by DC37 reveals a disproportionate impact on the city's poorest districts.

In District 6 in Washington Heights, 17% of the aides (45 of 263) received layoff notices, while in Staten Island's District 31, less than 1% (one of 271) did.

Likewise, Districts 1, 2, and 3 - which cover lower Manhattan, the upper East Side and the upper West Side - are losing 1% of their aides (four of 286), while District4 in East Harlem faces an astonishing cut of 22% (27 of 118).

In Brooklyn, District 15 in upscale Park Slope and Gowanus will lose 6% of its aides, while District 23 in Brownsville will lose 19%.

School officials could not confirm the union's numbers. They said spending details were left to local principals.

"All schools saw an equal percentage of their budgets cut," said Klein spokeswoman Melody Meyer.

"Each school determined how they would reduce spending," Meyer said, and the central office "did not dictate how schools would meet the cuts."

As for FTA, the Daily News previously reported 19 of the firm's employees are working with H-1B immigrant visas. FTA told the U.S. Labor Department it was paying those workers an average of $65,000 - about the same as city computer workers.

FTA's chief executive, Tamer Sevintuna, has declined to talk about his contract.

DOE sources said the agency was poised in the summer to approve a much larger $95 million five-year deal with the firm. School officials said then they were still negotiating the final number.

The agency requested bids for the new contract in January. Officials acknowledged last week FTA was the only bidder. They ended up reducing the contract to four years, and the cost to $54 million.

Why, you might ask, would no other consulting company in America bid on such a large computer contract?

School officials told the education policy panel Monday that other firms were "not interested in taking on the risk and costs" of a contract that was "largely the continuation of development work done over the past two years by another vendor."

Sources in the agency tell a different story. They say the bid specifications were geared from the start to discourage any other firm from competing with FTA.

Now that the contract has been approved, the DOE will have even more $250,000-a-year consultants. Klein will move forward with his school aide layoffs and claim with a straight face that he's cutting costs.

jgonzalez@nydailynews.com

Computer consultants for city schools earn bigger bucks than chancellor does
BY Meredith Kolodner, DAILY NEWS STAFF WRITER, September 8th 2009
LINK

The city Education Department is paying dozens of high-priced computer consultants more than $1,000 a day, even as budget cuts force schools to slash programs for at-risk students.

Several of the high-priced tech workers rake in more than any other city official - including Schools Chancellor Joel Klein.

"It's hard to imagine how a single consultant could be doing more work for the schools than what is expected by the chancellor," said Billy Easton, executive director of the Alliance for Quality Education. "We would like to see some of those dollars be prioritized for programs in schools."

More than $178 million worth of information technology contracts have been approved since 2006 - and that doesn't include the $95 million contract the Daily News reported was in the works last month.

The education budget was cut by $400 million this year. Schools on average took a 5% budget hit, forcing many to get rid of tutoring and after-school programs.

"What's important to know is that these contractors offer people with specialized expertise whom we find difficult or almost impossible to find on our own," said Education Department spokeswoman Margie Feinberg. "All of these contracts are competitively bid, so we know we are getting the market rate."

A News analysis of the contracts found that while most were competitively bid, many were fast-tracked, a process that is supposed to be reserved for quick hires to supplement ongoing projects.

Meanwhile, hundreds of New Yorkers who have passed basic and advanced computer tech tests are sitting on a list waiting to be hired.

Feinberg said that the Education Department was planning to hire some of them, but that they were not qualified to do the work of the high-priced consultants, who must develop software, not just maintain computer systems.

Many of the consultant contracts do not refer to software creation and some of the higher-skilled titles require software development skills.

The president of the union that represents the city's roughly 200 computer techs said that there were plenty of city employees qualified to do the work.

"They live in New York City," said Robert Ajaye, president of Local 2627 of District Council 37. "They have a stake here, and they're accountable. They can't just disappear if a job gets screwed up."

The highest skilled city IT jobs start at about $70,000 a year and max out at $125,000 after a decade of service.

"How many IT specialists would $300,000 allow the [Education Department] to hire directly and have full time for the school system?" said Susan Lerner, president of Common Cause New York. "After a while the privatization push chases its own tail. It doesn't add up."

mkolodner@nydailynews.com

RECENT COMMENTS FROM DAILY NEWS READERS
theuresamaven

2:39:31 PM
Sep 8, 2009

The way that the city handles its business always amazes me, particularly now that our mayor is such a hotshot businessman. The local government is the biggest landowner in the city, yet it rents space, and even manages to get evicted from those properties (the Franklin and Worth Street ACS offices, or the rental of Two Washington Street, for example). Wouldn't it save the city money to use an unused city school building to house one of its smaller agencies, or even better, renovate it and use the school for it's intended purpose, rather than build new ones. Generally, the city saves money on consultants by not giving them benefits, but at this rate it would be cheaper to simply hire these consultants, with benefits, at a much lower rate.
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kanaka5000notvote4bloomberg

7:25:25 PM
Sep 8, 2009

This scam at the board/dept. of ed has been going on for decades and has gotten worse under bloomberg, it should have improved since he's been charge for the last 5 years.None of the newly created systems has ever worked and has turned many of these consultants into millionaires on taxpayer money.bloomberg has made the school system worse and this is more evidence of that, there is no real reform going on in NYC schools just smoke and mirrors on a grander scale.Dump bloomberg.
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einnor111

8:25:45 PM
Sep 8, 2009

Let's pay alot to outside contractors while city employees that can do the same job at a third of the cost sit around. If Billionaireberg ran his LLP this way he'd be broke. The DOE is renting space for 191 million on a 30 year lease,who's minding the store.
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Pedro Gonzalez

9:30:23 AM
Sep 9, 2009

.........In many cases they are paid more because they are worth more than the employees and the management. They are non-unionized, like the employees, and they are not of the union mindset of go slow so you do not show your "brothers" up. I have been in business for many years and have witnessed this over and over. I ALWAYS hired non-union people on contracts because they were superior. The problem in the Public School System is (1) its public and therefore inferior, and (2) the Unions which make it so inferior. When will you people ever wake up and home school your kids and get them out of the Liberal Socialistic Communist Mind Control of Public Education????

Mayor Bloomberg says 7,000 city employees will be laid off; Albany hasn't helped city budget enough
BY Adam Lisberg, DAILY NEWS CITY HALL BUREAU CHIEF, April 8th 2009, 3:00 PM
LINK

Mayor Bloomberg says 7,000 city employees will be laid off in the coming months because unions and Albany haven't done their share to trim New York's budget.
Smith for News

Mayor Bloomberg is threatening to lay off up to 7,000 city workers, saying municipal unions and state officials haven't done enough to help New York balance its budget.

Budget Director Mark Page told agency heads Wednesday to cut $350 million from their budgets, saying previous cuts of $3.1 billion starting July 1 weren't enough.

"This next step would most likely rely heavily on additional headcount reductions, whether through attrition, or, as is more likely, through layoffs," Page wrote them in a letter.

"It is expected that these savings could result in a reduction of as many as 7,000 positions citywide."

Bloomberg's press team refused to discuss the letter, which was released just after the mayor finished his only news conference of the day.

"While it's a letter addressed to the agency heads, it's a message being sent to the union leaders," said Charles Brecher of the Citizens Budget Commission, "and to a certain extent the state Legislature."

The mayor has asked municipal unions to pay for 10% of their health care costs and find additional health cost reductions to save $557 million, in order to avoid layoffs.

"This is a ploy to get more money from Albany, and he really deserves it," said Harry Nespoli, head of the Municipal Labor Committee, which negotiates for city unions.

"We're still at the table. He just made it more difficult to negotiate."

While Bloomberg's request for $350 million in savings won't plug the $1.6 billion gap in next year's budget, Nespoli said he would tell the city's 310,000 employees that the threat is real.

"I'm going to tell my workers there's a possibility of layoffs in the city of New York. I'm not going to lie to them," said Nespoli, who heads the sanitation workers' union.

"In this crazy world today, nobody can eliminate layoffs."

Bloomberg wants approval from Albany for more than $1 billion in new revenue, such as a quarter-point increase in the sales tax, a new 5-cent tax on plastic bags and reduced pension benefits for new city workers.

"Their plan counts on a fair amount of actions that are controlled by Albany, not City Hall, so there's a lot of risk in their plan," said Doug Turetsky of the Independent Budget Office. "There's certainly a risk to municipal jobs."

New York's four uniformed departments - police, fire, sanitation and corrections - are being ordered to slice their spending by just 0.5% in the latest round of cuts, apparently reflecting Bloomberg's determination to preserve public safety and order in the recession.

Most other agencies, though, are being told to take 4% cuts - raising the potential of layoffs.

The Department of Education is being ordered to trim its budget by a flat $100 million, a 1.4% cut.

Bloomberg threatened to lay off 14,000 teachers in January, but retracted the threat after the state budget funneled federal stimulus money into city schools.
Related Topics

RECENT COMMENTS FROM DAILY NEWS READERS
momof2boys

5:39:30 PM
Apr 8, 2009

bet those half those 7000 layoffs will be from the education sector. What i wanna know is..where in the blue blaze does bloomy think the rest of us common folk are gonna get he money to pay these new taxes when so many of us are out of work because of the recession?
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golfnutt63

Thursday, October 8, 2009

The Baltimore Sun Falls Victim To The Brill/Klein Propaganda



OP/ED from Betsy Combier:

Here we go again. In July, the Bloomberg/Klein/media machine empowered Steven Brill, (a well-known pusher of "you must pay for your information" - see his new venture Journalism Online) to misinform the public on the subject of the worst teachers of NYC sitting in "rubber rooms." I believe that Brill's goal was to support Mike Bloomberg and Joel Klein in their battle to end tenure for teachers. I am referring, of course, to the Brill article published in the August 29, 2009 New Yorker magazine. This article is an extreme example of issue advertising and is not good journalism, in my opinion - this is an op/ed on my blog, after all.

Steven Brill actually did me a favor by writing about teachers who I know, and whose stories of how and why they were thrown into a rubber room I am familiar with. I wrote a response to his article - The NYC Teacher Re-Assignment Rooms, Called "Rubber Rooms", and The Ambush of 'The Gotcha Squad'. Mr. Goldberg and Mr. Brill are leading the public down a very dangerous path indeed, if we are to believe that all New York City rubber rooms are filled with lousy teachers, "dead wood", who harm children by being in a classroom. This is baloney. How does Steve Brill know that all the people stuffed into dingy rooms and trailers are the 'worst' teachers, and must be summarily fired as soon as a principal says "Get out of my school". It was only 70 years ago that people got off of cattle cars in various locations in Germany, and were told to go to the right or the left, as determined by a commandant given the power of god to say who lives or dies. We do not need to repeat history, we need to learn from it and learn about it.

The question that remains unanswered is, "what are the characteristics of a 'good' teacher?" Mr. Brill, can you answer that question? Or, when you looked at Lucienne Mohammed's file without her approval or knowledge and saw one "U" rating, and you neglected to mention in your article that Lucienne had filed special complaints and grievances against her Principal at PS 65, Ms. Daysi Garcia, (pictured at left) for harassment, you "knew" that Ms. Mohammad was lousy at her job of teaching?



The Baltimore Sun picked up on Brill's theme of how tenure harms the public by paying incompetent teachers to sit in rubber rooms doing nothing (see article below)...therefore, end tenure and these worthless educators can simply be fired outright, just like everyone else in the labor market. The end of tenure would be, therefore, the beginning of efficiency and streamlining public finance so that only "good" teachers would be paid and remain in our nation's public schools. Mr. Jonah Goldberg in the article below calls Steven Brill's "worst teachers" article a blockbuster, and then repeats the same misinformation. Sadly, read the Baltimore Sun anti-tenure propaganda:

Easiest fix for schools: Get rid of teacher tenure
Jonah Goldberg, The Baltimore Sun, September 10, 2009
LINK

Brandi Scheiner believes she is a political prisoner. Held against her will in what is euphemistically dubbed a "rubber room," Ms. Scheiner, 56, likens her two-year captivity to being imprisoned at Guantanamo Bay. Alas, it's unlikely the Red Cross will hear her case.

She's a New York City public school teacher who, like about 600 fellow NYC teachers, has been removed from the classroom; allegations against those removed range from incompetence to charges that include being drunk in the classroom or molesting students.

Ms. Scheiner, who makes more than $100,000 per year, nonetheless insists she is a prisoner of conscience forced to spend her workdays in the rubber room - at full pay - until the system can adjudicate her case. She cannot be fired, at least not without the school district spending gobs on legal fees, because she has tenure and her union, the United Federation of Teachers, would rather protect 1,000 lousy teachers than let one good teacher be fired unfairly.

So Ms. Scheiner and her rubber-roomies report for duty every school day and do nothing. They all get the usual vacations, including the entire summer off. This is all according to Steven Brill in a blockbuster article in the Aug. 31 New Yorker about New York City's efforts to reform the public school system.

Ms. Scheiner says that before New York Mayor Michael Bloomberg and schools chief Joel Klein came along, "everyone knew that an incompetent teacher would realize it and leave on their own."

That's not how the unions see it. A principal of a Queens public school told Mr. Brill that Randi Weingarten, president of the American Federation of Teachers, "would protect a dead body in the classroom. That's her job."

This is just a small illustration of a much larger mess. America's large school systems are a disaster.

Yes, this disaster has many authors. Schools are expected to fix larger social problems that are best dealt with by parents. Good teachers aren't paid nearly enough, and bad teachers are kept around, draining budgets. Education bureaucracies siphon off vast resources better spent on classrooms. For example, in 2007, the Washington, D.C., school district ranked third in overall spending among the 100 largest school districts in the nation (about $13,000 per student) but last in terms of money spent on teachers and instruction. More than half of every education dollar went to administrators. President Barack Obama might be a hypocritical liberal for sending his kids to private school, but he's a good parent for it.

But of all the myriad problems with public schools, the most identifiable and solvable is the ludicrous policy of tenure for teachers. University tenure is problematic enough, but at least there's a serious argument for giving professors the freedom to offer unpopular views. Tenure for kindergarten teachers is just crazy.

Tenure's defenders point to horror stories from half a century ago, as if getting rid of tenure would automatically subject teachers to political witch hunts and sexual discrimination. We now have civil rights laws and other employee protections.

Also, to listen to teachers unions, you'd think incompetent teachers are mythical creatures. No wonder that from 1990 to 1999, the Los Angeles Unified School District, the second largest in the country with 30,000 tenured teachers, fired exactly one teacher.

The best argument for giving K-12 teachers tenure is that lifetime job security is a form of compensation for low pay. No doubt that's true, putting aside the fact that $100,000 a year with ample vacation is not exactly chattel slavery. And while most teachers don't make that much (the national average is about half that), the good ones could certainly make more if the dead weight were cleared away and rigid, seniority-based formulas were replaced with merit pay.

Oh, and kids would get better teachers.

Democratic politicians, mostly at the local level, are responsible for letting the unions protect their members at the expense of children and in exchange for campaign donations and other political support. And, to be fair, many Democrats (including Education Secretary Arne Duncan) are aware of the problem. What remains to be seen is whether they can do what needs to be done.

Jonah Goldberg is a syndicated columnist. His e-mail is jonahscolumn@aol.com.

Here is another article from the same syndicate:

Opinion
Unions protecting many bad teachers
Opinion by Jonah Goldberg
Tribune Media Services
Tucson, Arizona, Published: 09.10.2009
LINK

Brandi Scheiner believes she is a political prisoner. Held against her will in what is euphemistically dubbed a "rubber room," Scheiner, 56, likens her two-year captivity to being imprisoned at Guantanamo Bay. Alas, it's unlikely the Red Cross will hear her case.
She's a New York City public school teacher who, like about 600 fellow NYC teachers, has been removed from the classroom for alleged incompetence or other charges that include being drunk in the classroom or molesting students.
Scheiner, who makes more than $100,000 per year, nonetheless insists she is a prisoner of conscience forced to spend her workdays in the rubber room — at full pay — until the system can adjudicate her case. She cannot be fired, at least not without the school district spending gobs on legal fees, because she has tenure and her union, the United Federation of Teachers, would rather protect 1,000 lousy teachers than let one good teacher be fired unfairly.
So Scheiner and her rubber-roomies report for duty every school day and do nothing. They all get the usual vacations, including the entire summer off.
This is all according to Steven Brill in a blockbuster article in the Aug. 31 New Yorker about New York City's efforts to reform the public school system. Brill adds: "Because two percent of her salary is added to her pension for each year of seniority, a three-year stay in the Rubber Room will cost not only three hundred thousand dollars in salary but at least six thousand dollars a year in additional lifetime pension benefits."
Ever the martyr, Scheiner says she's "entitled to every penny of it."
She says that before New York Mayor Michael Bloomberg and schools chief Joel Klein came along, "everyone knew that an incompetent teacher would realize it and leave on their own."
This is just a small illustration of a much larger mess.
Yes, this disaster has many authors. Schools are expected to fix larger social problems that are best dealt with by parents. Good teachers aren't paid nearly enough, and bad teachers are kept around, draining budgets. Education bureaucracies siphon off vast resources better spent on classrooms. For example, in 2007, the Washington, D.C., school district ranked third in overall spending among the 100 largest school districts in the nation (about $13,000 per student) but last in terms of money spent on teachers and instruction. More than half of every education dollar went to administrators.
President Obama might be a hypocritical liberal for sending his kids to private school, but he's a good parent for it.
Of all the myriad problems with public schools, the most identifiable and solvable is the ludicrous policy of tenure for teachers. University tenure is problematic enough, but at least there's a serious argument for giving professors the freedom to offer unpopular views. Tenure for kindergarten teachers is crazy.
Tenure's defenders point to horror stories from half a century ago, as if getting rid of tenure would automatically subject teachers to political witch hunts and sexual discrimination. We now have civil rights laws and other em-ployee protections.
Also, to listen to teachers unions, you'd think incompetent teachers are mythical creatures, less likely to be encountered than Bigfoot and unicorns. No wonder that from 1990 to 1999, the Los Angeles Unified School District, the second largest in the country with 30,000 tenured teachers, fired exactly one teacher.
The best argument for giving K-12 teachers tenure is that lifetime job security is a form of compensation for low pay. No doubt that's true, putting aside the fact that $100,000 a year with ample vacation is not exactly chattel slavery. And while most teachers don't make that much (the national average is about half that), the good ones could certainly make more if the dead weight were cleared away and rigid, seniority-based formulas were replaced with merit pay.

Michelle Rhee

Democratic politicians, mostly at the local level, are responsible for letting the unions protect their members at the expense of children and in exchange for campaign donations and other political support. And, to be fair, many Democrats (including Education Secretary Arne Duncan, Klein in New York and D.C.'s Michelle Rhee) are aware of the problem. What remains to be seen is whether they can do what needs to be done.
Write to Jonah Goldberg at JonahsColumn@aol.com

If you read the comments of the article above, you can see that readers assume that Mr. Goldberg's premise is true: 'bad' teachers are put into "rubber rooms".

Comments on this Story
Unions protecting many bad teachers
Brandi Scheiner believes she is a political prisoner. Held against her will in what is euphemistically dubbed a "rubber room," Scheiner, 56, likens her two-year captivity to being imprisoned at Guantanamo Bay. Alas, it's unlikely the Red Cross will hear her case.

LINK

1. Comment by Mark S. (Mark S) — September 10,2009 @ 4:42AMRatings: -5 +25

Does Goldberg get paid to rehash articles from the (liberal) New Yorker? Pretty good if you can get paid for someone else's work.

Read the original article. It is truly appalling what the unions have accomplished in NYC. The amount of money spent on do-nothing and unsuccessful teachers is astounding.

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2. Comment by A c. (621ads) — September 10,2009 @ 4:57AM
Ratings: -9 +26

First, ELIMINATE TENURE then do like the construction unions do.

If you don't do a proper job or violate company rules you are FIRED with no appeal.

K.I.S.S.

Report this comment
3. Comment by Phillip D. (pdavid) — September 10,2009 @ 5:58AM
Ratings: -17 +18

The dynamic in public education is that superintendents last less than 7 years in a school district -- they all come in with some little marketing slogan, and everybody is sick of them a few years later. In each individual school building, same dynamic happens with principals. It's rare that one has what it takes to make it work for longer than a few years.

So, this dynamic puts the one steady factor in the whole equation - teachers- in a precarious situation. Teachers who have the balls to speak truth to power will get fired by insecure principals who have career goals in mind rather than what works best for kids and parents.

The teachers' unions help protect teachers from this sort of invidious treatment.

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4. Comment by Bob H. (Daedalus) — September 10,2009 @ 6:08AM
Ratings: -17 +24

Just remember that our President is bed with the unions. He wants Card Check, and all the fun and games that it will bring. He has changed the reporting laws so unions don't have to show how they spend union dues. Unions are nothing more than self serving blood sucking parasites.

Report this comment
5. Comment by Randi L. (RandiL4746) — September 10,2009 @ 6:22AM
Ratings: -17 +27

Unions have outlived their usefulness.

Report this comment
6. Comment by sandra f. (azrabbit) — September 10,2009 @ 6:46AM
Ratings: -15 +19

Public employee unions were once illegal, and should be again.

Report this comment
7. Comment by rob c. (chicagorufus) — September 10,2009 @ 6:52AM
Ratings: -3 +25

Keep the teachers unions, ditch the tenure. If you suck, you get fired, simple.

How does a crappy teacher make 100 G's???

Report this comment
8. Comment by Jeffrey H. (flibber) — September 10,2009 @ 6:57AM
Ratings: -9 +20

The function of unions is to protect its members, the public and the institution employing its members be damned. Union inefficiency has destroyed much of our industry and now seems to be firmly embedded in government where it can do the most harm.

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9. Comment by wit w. (Wit) — September 10,2009 @ 6:57AM
Ratings: -8 +20

Unions have always protected bad workers. By preventing competition between workers, the quality of the work force goes down. Then the ability of employers to compete with others is lost, reducing the quality of products. The ability of a country with unions to compete in a global economy is the next loss.

Doesn't anyone question why the standard of living in the U.S. continuously slips ?

Report this comment
10. Comment by Steve H. (1559) — September 10,2009 @ 7:35AM
Ratings: -2 +25

Having been trained as a union president, and having been in one of the local teachers' "associations" here in Tucson, what is being said in the article and previous comments is true.

Firing poor teachers is a nightmare for administrators, too. The documentation, remediation, attempts at additional training, observations, notification periods, and meetings all end up with a bad teacher being placed in a different school, with more difficult students. However, with those student populations, there is little parent concern.

Get rid of tenure and watch education improve as teachers compete for their jobs.

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11. Comment by John D. (Blkojo) — September 10,2009 @ 7:59AM
Ratings: -1 +18

"Education" will improve when the raw materials improve.

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12. Comment by Rat T. (rattwo) — September 10,2009 @ 9:06AM
Ratings: -2 +8

Unions wouldn't do that, would they? And why then, are they given credibility when it comes time for negotiations?

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13. Comment by chris b. (ctb) — September 10,2009 @ 11:03AM
Ratings: -8 +6

Teachers and Unions...just on the surface it looks and sounds wrong.
Catholic and private schools have no unions but provide the best educations for about 40% less overall cost.Now how about that as an example of educational success where less money, not more, provides a better outcome....go figure.
If teachers want kids and schools to succeed thay should quit the union today and forever and just watch the bubble rise.
Ever since the union took over in the sixties and seventies our public education system has fallen like a rock.

Bust it up ,and the sooner the better.

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14. Comment by Randy L. (Instigator) — September 10,2009 @ 11:09AM
Ratings: -7 +8

Unions used to help America. Now they are destroying it.
I wish I had a GED and a union job, I wouldn't have to train or progress or even work, the union will stick up for me and I'll even get regular raises, retirement and healthcare.
Unions have no place, anymore, in our country. Take it to China where you made our jobs go.

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15. Comment by Cicero V. (cicero) — September 10,2009 @ 12:25PM
Ratings: -1 +11

As a teacher and a member of TEA, I can say that I am ambivalent about unions. On the one hand, a union is a very good thing to have when dealing with a district like TUSD, which has a long history of duplicity and outright lying. On the other hand, I have seen teachers who need to find a new home kept in jobs for far too long.

This is changing though. With a new teacher evaluation system put in place with the full cooperation of the union, it is now much easier to remove incompetent teachers. Teachers who are found to be not meeting the agreed upon standards are put on a plan for improvement. Everything is documented: evaluations, observations, meetings, warnings, everything. If they cannot or will not improve, they are terminated. The union does not even enter into it because the moment a teacher is put on such a plan, the lawyers and the union are informed. Thus, if a teacher fails or refuses to improve, he/she does not have a leg to stand on because it is all documented.

I am last person who wants to see anyone lose their job needlessly or unfairly but this system makes sense. If you are doing your job, it is recorded so. If you are not, it is documented and you are given a chance to mend your ways. Seems fair to me. Perhaps this sort of thing should be implemented back east.

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16. Comment by Patricia R. (lucianvista) — September 10,2009 @ 12:26PM
Ratings: -1 +9

Private schools can kick a student out without much to go on, public school cannot. Comparing apples to oranges doesn't work.

Public schools have to educate those that they might not choose to have their, the same shouldn't be about teachers. If a teacher is substandard then they should be let go, not based on tenure.

I know the TUSD union pres, she was a substandard teacher. How can we then expect the union to encourage high quality teachers. Get rid of the union and put money back into the teacher's pockets.

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17. Comment by Rowan D. (RowD1) — September 10,2009 @ 1:41PM
Ratings: -6 +7

re: Unions have outlived their usefulness<<

So have corporations.

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18. Comment by don c. (lonesom) — September 10,2009 @ 3:14PM
Ratings: -1 +3

#2 First, ELIMINATE TENURE then do like the construction unions do.

If you don't do a proper job or violate company rules you are FIRED with no appeal

What the construction industry has done is hire illegals which might work since they already speak spanish and we would not have to hire special teachers as spanish could be our first language without paying for extra teachers.

By the way how many benifits have the ones saying do away with unions willing to give up since you all benefit from the backs of union workers when you receive overtime, 5 day weeks, decent wages, retirement, paid holidays, health care, vacations, safe working conditions, and since the union has outlived its usefulness as some of you are saying how many of these benefits have outlived ther usefulness and which ones do you want to give up so the bankers and CEO's can have larger bonuses

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19. Comment by don c. (lonesom) — September 10,2009 @ 3:24PM
Ratings: -1 +5

#9 Unions have always protected bad workers. By preventing competition between workers, the quality of the work force goes down. Then the ability of employers to compete with others is lost, reducing the quality of products. The ability of a country with unions to compete in a global economy is the next loss.

Doesn't anyone question why the standard of living in the U.S. continuously slips ?

The unions are not the problem the union had pride in its members and skills until the liberals passed laws to stop the unions from thowing out the unskilled, and making them let everyone join regardless of ability to do the job stop politicians from passing stupid laws that protect certain groups and let each person get and keep thier job on ability not race, religion or nationality

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20. Comment by Tom B. (SBTB1) — September 10,2009 @ 3:36PM
Ratings: -3 +3

The unions destroyed the car industry and Detroit and they have done the same thing with our entire educational system. Now Obama wants to have complete unionization of the entire medical profession, including doctors. (Check out the Wall Street Journal editorial, Thursday,September 10th.) I wonder if hospitals will have rubber rooms for nurses and doctors?

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21. Comment by Mark S. (Mark S) — September 10,2009 @ 3:48PM
Ratings: -2 +1

20 Wall Street Journal editorial page is somewhere to the right of Fox News and Limbaugh. The news portion of that media outlet is outstanding, the editorial portion is extremist garbage.

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22. Comment by Rich K. (Rich907) — September 10,2009 @ 5:42PM
Ratings: -1 +3

Far be it from me to inject facts into this spin fest, but unions have a legal obligations to make sure all members of the bargaining unit...members and non-members alike...receive due process from their employers. This is part of federal labor law and has dated back to the 1930s.

The union will be sued by the employee if it does not insist that the employer prove the charges...incompetence, moral turpitude, criminal behavior, whatever...before a neutral third party.

If administrators cannot substantiate charges of incompetence and follow the due process rules, then that is on them. If TUSD...or any employer...wants to get rid of incompetent employees, then it needs to provide training to principals and other supervisors as to how to follow the due process and get it done.

In 39 years of teaching I worked with too many incompetent teachers who were allowed to continue failing students because the principals were every bit as incompetent as the teachers.

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23. Comment by SAM R. (SAM11) — September 10,2009 @ 6:49PM
Ratings: -1 +1

How long should it take to fire an incompetent teacher??? or any employee for that matter, even a principal. All employees should be given a chance to improve (unless it is outright criminal action) but just how long and how many chances should they get. The average time it takse to fire a tenured teacher is 2-3 years, and that is if you dont make any mistakes in paperwork and aviod technicalities. It should take less than 3 months. If you cant improve in that time, it is time to go. If you are truly a good teacher, you will get another job...if not you wont. The only profession I know of that takes any excessive period of time is a tenured teacher.

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24. Comment by Bruce B. (4262) — September 10,2009 @ 7:26PM
Ratings: -1 +2

I can care less on what goes on in NYC. This is a one sided story. Get a rope!

From Betsy
The news that I have for readers is this: Every teacher mentioned in Steven Brill's article should be in a classroom teaching the subject they are trained to teach because they are trained professionals and wonderful, caring individuals, but victimized by circumstances that have nothing to do with their value as competent teachers. They are all victims of the "rubberization" process that is powered by the Jack Welch theory of employment: improve performance by getting rid of 10% of your workforce every year.

When my four daughters went off to their respective public schools in New York City, and they were lucky enough to get a teacher who offered resources and respect for the learning process and for each of them as individuals, and taught them the subject matter in a way that enabled them to master tests in the subject, then I knew that they indeed had a "good" teacher, and this person needed to be protected from false claims made by Principals and administrators with an agenda that does not put my child - or any child, for that matter, first.

I have attended open and public 3020-a hearings for five years simply because I wanted to find out exactly what this process looked like. In my opinion, it is a mess, especially the hearings in which a teacher is accused of incompetence. I do not understand how anyone could believe that "competency" can be proven in a small room far away from children and a classroom. I have heard an arbitrator order that a teacher settle with the NYC BOE this way: "If you drop your New York State Supreme Court case against the NYC BOE, I will order you back to school as a full teacher, in the subject that you are certified to teach, with a clear record, no charges". When the teacher said "no", this arbitrator found guilt with the teacher taking 10 minutes too long to read a book in a class observed by the Principal (who the teacher had previously reported to investigators for violating No Child Left Behind legislation), and punished him with three months suspension without pay (@$25,000) and without medical coverage.

Please note that if the teacher had dropped his lawsuit, he would be exonerated/cleared of all charges, and immediately placed back into the classroom. His "incompetency" would have been 'cured'.

Makes you think that maybe teachers thrown into rubber rooms may not be guilty of anything after all, and it's all about money and politics, not education, learning, and children.