Join the GOOGLE +Rubber Room Community

Tuesday, April 17, 2012

The True Facts About Donna Blaine And Her Facebook Charge

Donna Blaine answered her accusers, the New York City Department of Education- NY POST-Partnership, so here is the Truth about her case as stated in an email to me this afternoon:

 I am the Donna Blaine referred to in the woefully erroneous Post article involving teachers posting on Facebook. I was horrified by what I saw, and this is why:
  • the photos featured were taken on Aruba, NOT during my Puerto Rico trip. I did NOT post photos from that weekend, nor did I "regale" anyone. 
  • I was investigated by OSI intensively for ONE SINGLE (admittedly stupid) comment posted on the Wednesday before the Thanksgiving break, which I foolishly took as a sick day. My comment was "Up, up, and away!"
  • the investigation into that "theft of services" issue came on the very day I returned to work following a liver biopsy that revealed that my breast cancer had returned as stage 4
  • the Aruba trip depicted in the article was originally intended as a 30th anniversary celebration but became a bonding opportunity as my husband and I tried to deal with my health issue.
  • I have been a NYC teacher for 10 years, and this is my second bout with BC. I have NEVER taken a medical leave or exceeded my allotted sick days.
  • I drive nearly 100 miles round trip to work, despite weekly chemotherapy appointments .
And key here is the fact that my case was resolved over a year ago in a satisfactory manner for all involved.

As you can see, I carry a great deal of anger that I was so unjustly mischaracterized. I believe I should be an example of what is right about the dedication of teachers; instead, I am now the poster girl for everything negative in the educational atmosphere.

Thank you for being a voice that attempted to clarify Facebook's role in the daily lives of honest people.

Facebook Statement Again Reported In The NYPOST

"Facebook is giving more Big Apple teachers a black eye" says the NYPOST today (see the article re-posted below). But we need to look at all the circumstances surrounding a "facebook teacher" and not judge simply because the NYPOST is telling us to.

The article in today's NYPOST shows once again the agenda of the media to go after teacher stories which support the DOE or help Mayor Bloomberg and Dennis Walcott get their policies in order, or at least agreed to by legislators. The NYC DOE still has no internet policy. They are trying to create one by using the Daily News and the NYPOST. Why not? It works.
Donna Blaine
The NYC rubber rooms were created and run by the NYC DOE, pursuant to Mayor Bloomberg's order to remove tenured employees from the public school system but make it look like they were honoring the required mandate of due process. The media also placed the blame for these warehouses on the UFT, when indeed, it was the DOE's baby, from charges to termination/settlement/retirement/resignation. The UFT just did nothing to stop it, and there was a gradual erosion of contractual rights over time, especially in 2005 when the grieving of letters to file was prohibited. This became a huge problem when "they" - the Mayor, the Chancellor, the Gotcha Squad, the New York Law Department - realized that the people stored in the warehouses were talking to each other and to the media. In fact, in 2007, many teachers believed that if they were in the newspaper, they would get a resolution to their case. I spoke to most of the rubber roomers, and I would say that certainly less than a third should have been re- assigned. Luckily, I could go to the very people who were involved in this effort to re-assign people, as in 2007 I was hired by the UFT to go into the rooms. The problem that arose was that the UFT in fact never wanted me to find out who was being treated unfairly, and when I started asking the right questions and I started this blog to highlight the unfairness of the rubberization process, I was attacked by the UFT. This is the story to be told in my book and on this blog at a later date.
In 2007-2008 everyone started talking to reporters, not realizing that their story and career would be falsified to fit the needs of Bloomberg/Klein, namely to shut down the rubber rooms.  The advice by UFT reps to not speak to anyone did not ring true to the people who sat in the temporary re-assignment rooms after these re-assigned professionals started trading stories of how the UFT district reps did not help them. I asked why this was happening and was told to shut up. I didnt.
The next step, where the Tweedies are now, is the fine tuning of a policy to get rid of anyone with tenure, and all probationary teachers about to get tenure, without spending time on due process. As I have previously posted, Dennis Walcott is on Youtube saying that "Just Cause" is a waste of time. To me, this is one of his most chilling statements ever. Tenure rights are protected by law in New York State, last I checked. Walcott says, who needs [the Constitution]? (Also on my website here and here)
Dennis Walcott
The Facebook issue is so clearly trash journalism.I posted the Facebook page and comments of the NYC DOE's Records Access officer, Joseph Baranello, on my blog. I then spoke with a reporter who presented this to her editor, and she heard from the DOE that if the newspaper did the story of Baranello, then the DOE would look bad. So, the Baranello story never ran in any newspaper. Of course it didnt. The media contact for the NYC DOE told the media, dont do this story, and the editors listen to that.
Here is my story and links once again:

NYC Department of Education Attorney Joseph Baranello Uses Facebook To Comment About The "Douchebags" On The L Train

  Joseph Baranello

It seems to me from Mr. Baranello's comments, he thought that people who dress up as Santa Clauses look like "douchebags"; and he thinks the Jewish Sukkah is silly, disgraceful, or whatever: 
Joe Baranello "Get your sukkahs on, suckas".
September 19, 2010 at 4:42pm
It seems to me that he should be reprimanded for the comments about Sukkah and that people dressed up as Santa Clauses are "douchbags". Im Jewish but I was raised as a Presbyterian and lived in Egypt, Israel and Jordan. I value all cultures, sexual orientation, religion, socio-economic level, whatever. I dont feel good about what he wrote on his page about Sukkahs, and I wonder if his Supervisor thought this as well. I dont think anything was said to Baranello, as there is definitely a double standard in the NYC DOE. (sometimes I try to be humorous).
The Facebook stories are serious, however, and I take each one that I hear, seriously. It is true that people who use Facebook should be careful about what they put out into cyberspace. It is also true that if you take a vacation and lie about it after you have put your picture on Facebook enjoying some sun outside of New York City when you were supposed to be in school, then you have to expect consequences. What is not believable is that all the teachers in the article re-posted are the perverts and criminals who have to be terminated for making a Facebook comment, as our Mayor, Chancellor, the Gotcha Squad and the New York Law Department/Corporation Counsel are saying.  
In the article is a teacher by the name of Pat Dawson. I attended the first two days of her open and public 3020-a hearing at 51 Chambers Street, and so did approximately 12 other people. There was standing room only. Ms. Dawson is obviously a person who has many of friends and supporters, as Norm Scott pointed out on his blog:
 "A popular and effective teacher
And thus it is with the Facebook teacher, who even Stanzione admitted was not only a good teacher but one that students gravitated to, as did other teachers. In fact she was Coordinator of Student Activities (COSA) and was chosen to represent the school at recruiting fairs with the approval of Stanzione --- an unpaid volunteer position.  She was so popular with students, I imagine she had grown so comfortable with them that she said a few things on Facebook that look bad when in isolation, but as pointed out by union lawyer Callegy, nothing that isn't said all the time in teacher rooms, which Stanzione readily acknowledged."
 Will it make a difference? At this point, the only information we have on possible outcome is the information already testified to and the information about the Arbitrator, Joshua Javits. My opinion about Mr. Javits as an arbitrator who is supposed to be a neutral in the process: he is not neutral. Having observed him as an arbitrator more than once, I see someone who has no idea what is important or not, he thinks everything should be in evidence, even if the letter/rating/memo is not signed, and the Respondent teacher testifies that he/she never saw it. In it goes. Then, Javits' pattern and practice is to terminate or take whatever position the DOE wants him to take.
What concerns me in the Dawson case is that until a few days before the NYC DOE started the hearing on April 4 2012 it seems that the Gotcha Squad Attorney, Andrea Chilaka, didnt have a case. What we heard on April 5, when the Principal, Michael Stanzione, came in, was that two days before, Stanzione was told by "legal" to call in a student who was named on Dawson's Facebook page but had never seen it or heard about it, and he was asked to testify to how he "felt" more than 14 months after the Facebook comment was made, and almost as many months after the Facebook page was permanently removed from the internet by Ms. Dawson. This former student testified that he was shocked, and he didnt understand why his former teacher would do this. Callagy asked him, "You know that you cannot ask ms. Dawson, right?"
I personally find Ms. Chilaka annoying because she laughs all the time, after every objection, statement, question, whatever. Maybe she is nervous because she knows she will be on the internet. She already is.
What the DOE is doing is they are creating an effect of Dawson's Facebook comments more than 15 months after they were made, so they can "help" Josh Javits make a determination that Dawson should be punished, probably with termination, because she has had such a detrimental effect on her former students. But how can Dawson address the fact that before the 3020-a hearing began, there was no effect of her actions because no one believed what she was saying on Facebook.
Me and NYSUT Attorney Chris Callagy
When NYSUT Attorney Chris Callagy asked Stanzione when he met with the student and why he met with him so many months after the Facebook comments were made, he testified that "legal" told him to. This is exactly the same testimony that was given in Christine Rubino's case.
Christine Rubino


 The Principal was given Christine's Facebook comments in June 2010, but only removed her in November because "legal" told her to remove her. Lisa Esposito, Christine's Principal, also testified that she thought Christine was a terrific teacher, and she did not want termination as a penalty, but "legal" told her she had to go for termination, she had no choice.
Theresa Europe
In Christine's case there were no students who were affected by Christine's comments, and Randi Lowitt, the arbitrator, went with termination because "legal" attended on a daily basis - Theresa Europe.
Christine then won her appeal in the New York State Supreme Court and her case is now remanded back to Randi for a lesser penalty than termination because, wrote Judge Barbara Jaffe, Christine had a stellar 15-year teaching career that Lowitt did not consider.
As we read the pages of the major media, let's keep in mind the agenda that they, the media, want you to read into what the reporters write, and not judge someone whose story appears there.






Monday, April 16, 2012

'Explosion' in New York City teacher probes may lead to hiring of more investigators

Richard Condon

Now I see what is going on at Tweed. Someone mentioned to the higher ups that the so-called "investigators" at SCI, OSI, and OEO are incompetent and are making the NYC Department of Education look bad. 

I have watched these agents come into 3020-a hearings for 9 years, and as an investigative reporter, I have to say that these people scare me. Not because they worked for the New York City Police Department for 20 years, then retired, but because these people (most of them) worked for the NYPD for 20 years and never learned a thing about how to investigate anything!!!

Then there are the newly hired folk who dont know what they are doing. Take OEO (Office of Equal Opportunity)  "investigator" Nancy Pak, for example. She is the new breed of agent: young, inexperienced, pretty, and learning how to create a false claim against someone. Her first case was to "investigate" a boy's basketball coach who allegedly said something nasty to the coach at another school when his team lost the game.

The accused coach was, by all accounts, a terrific coach and the best math teacher the school ever had. He was given his charges by the AP at the school one day after the school received notice from the EEOC that he had made a complaint against the AP for physically abusing kids in the school.

Nancy Pak was assigned to "investigate". She went to the other school, had the three accusing students come into the principal's office, asked them if the statements that she handed them with their names signed at the bottom were their signatures, and left. She substantiated the charge, and testified to this at the subsequent 3020-a hearing against the accused coach, defending the charge against him based on her 5-minute conversation with the students, all of whom were asked to write their statements by their coach. The DOE brought in one student as proof that the charge was valid. The Arbitrator ruled that the Respondent, my client, was completely innocent of the allegations and must be returned to his position at the school within 15 days. A huge win (thank you, Arbitrator Robert Grey).

 Anyone can substantiate anything in today's New York City world of "false claims can be proven true if you want them to be and you work for Mayor Bloomberg". REMEMBER: outside of any agency funded by Mayor Bloomberg and the New York State, New York City Board/Departments of Education, or any major media, a person is presumed innocent unless they have been convicted and found guilty in a court of law.

Please keep this in mind when you read stories in the newspapers about teachers,  staff of schools, parents!

 See below for hiring information.  If this is you, then read the article about how Condon needs more of the people I just described following the job announcement, and I'll be writing about you:

Job Details
Office of Special Investigations (OSI) Attorney
Tracking Code 7052
Position Summary: Under the supervision of the Director of the Office of Special Investigations, with latitude for independent action, performs reviews of investigative reports related to highly confidential and sensitive investigations concerning the corruption, misconduct, or other illegal, unethical, or improper activities of agency officials or employees, and the development and implementation of plans and programs for the control, tracking and prevention of such corruption, misconduct, or other illegal, unethical or improper practices. Performs related work.
Reports to: Director of the Office of Special Investigations
RESPONSIBILITIES
  • Reviews investigative reports, both substantiated and unsubstantiated, to ensure that all allegations have been addressed, all necessary witnesses have been interviewed, and that the investigation was thoroughly conducted.
  • Reviews investigative files to ensure that all necessary documentation has been filed in accordance with Office of Special Investigations (OSI) investigative policies and procedures.
  • Provides guidance to investigative staff regarding report quality and content.
  • Conducts comprehensive searches of the OSI database.
  • Confers with Department of Education (DOE) subject matter specialists, technical experts, and administrative trial attorneys.
  • Conducts research and prepares legal briefs and memoranda on education law issues.
  • Reviews complex, important, or highly technical laws, rules or regulations.
  • Acts as liaison with executives within the DOE and with other City agencies.
Applications will only be accepted through the New York City Department of Education Career Opportunities website at:
Applicants must submit a cover letter and resume to be considered for this position.
Resumes will be reviewed on an ongoing basis. We encourage applicants to apply as soon as possible.
NOTE: The filling of all positions is subject to budget availability.
Requirements
Minimum Requirements
Admission to the New York State Bar AND three (3) years of progressively responsible United Sates legal experience subsequent to admission to any state bar.
NOTE: Selected candidates must remain members of the New York State Bar in good standing for the duration of their employment.
Preferred
  • Overall knowledge of the NYC school system and ability to advise and render legal opinions on educational policies and practices.
  • Demonstrated written and verbal communication capabilities and interpersonal skills.
  • Highly organized.
AN EQUAL OPPORTUNITY EMPLOYER
It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, national origin, alienage and citizenship status, age, marital status, disability, prior record of arrest or conviction (except as provided by law), sexual orientation, gender (sex), and to maintain an environment free of discriminatory harassment, including sexual harassment, or retaliation as required by civil rights law. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 923, Brooklyn, New York 11201, or visit the OEO website at http://schools.nyc.gov/OEO
Job Location - 65 Court Street
Position Type Full-Time/Regular
Salary $75,962+ US Dollar (USD)

 

'Explosion' in New York City teacher probes may lead to hiring of more investigators

Special Investigation Commissioner Richard Condon says it's his 'busiest three months in 10 years'

Comments
The special schools investigator may need to hire extra staff to help probe the “explosion” in reports of wrongdoing by teachers, aides and administrators this year, he told the Daily News.
“It’s the busiest three months I’ve seen in 10 years,” said Special Commissioner of Investigation Richard Condon, a former commissioner of the NYPD who was tapped to keep an eye on city schools in 2002.
In the first three months of 2012, whistleblowers came forward to report misbehavior to Condon’s office 1,275 times — up from 967 cases during the corresponding period in 2011.
The result is that his office is looking into 34% more cases than it did last year. Condon said he has no idea what’s caused the dramatic jump in the number of cases.
Condon’s team investigates all manner of wrongdoing in the city’s public school system, from aides who fake illness to teachers who are accused of sexually abusing students.
Most of his tips come from city school staffers who notice bad behavior on the part of their co-workers — and want to put a stop to it.
“There’s been a lot of publicity as to the kind of allegations that we deal with, but I don’t know if that’s (leading to the spike in cases),” said Condon, who added that the number of employees and students in the system has remained stable.
The rise in investigations by Condon’s office mimics a dramatic increase in the number of Education Department employees arrested so far in 2012.
At least 18 department workers have been collared by cops this year, including at least seven workers who were arrested for alleged sexual abuse of children.
The number of Education Department workers arrested in 2012 already dwarfs the number of employees arrested in 2011, when at least 13 workers were pinched, the Daily News reported last month.
City education officials can’t explain the disturbing increase, but agency spokeswoman Barbara Morgan urged whistleblowers to continue coming forward.
“We firmly believe that our students deserve a safe learning environment, and we encourage any family who suspects misbehavior from staff to report it to their principal immediately,” said Morgan.
The United Federation of Teachers declined to comment.
bchapman@nydailynews .com

Reading, writing & Rikers! City Education Department staffers arrested 14 times in 2012

Sunday, April 15, 2012

Eddie Calderon-Melendez, Former Believe High Schools Network CEO, Indicted For Tax Fraud, Evidence Tampering, Grand Larceny

School CEO a ‘tax cheat’

Last Updated:6:40 AM, April 13, 2012
Posted:2:37 AM, April 13, 2012
WOE! Eddie Calderon-Melendez, named in a Post exposé, allegedly failed to pay $70,000 in taxes.
A troubled Brooklyn charter group’s CEO raked in more than $1.4 million in salary without paying a dime in state income tax — and even used public money for a lavish European vacation, the state attorney general charged yesterday.
The investigation of former Believe High Schools Network CEO Eddie Calderon-Melendez — sparked last year after inquiries by The Post — found that he allegedly cheated the state out of more than $70,000 in unpaid taxes between 2005 and 2010.
The charter chief even allegedly tried to cover his tracks by filing false income-tax returns after authorities launched a probe into his network’s financial dealings.
Calderon-Melendez was arraigned in Brooklyn Supreme Court on 11 felony charges that include tax fraud, evidence tampering and grand larceny — for an $1,800 European jaunt he allegedly expensed with a school credit card.
“He compounded his crime by creating false evidence to throw investigators off his trail,” said Attorney General Eric Schneiderman.
Calderon-Melendez did not respond to a message left on his cellphone and later told a reporter outside his apartment, “You got the wrong guy.” His lawyer did not return a call seeking comment.
The charter champ’s questionable financial practices were first exposed last May when The Post reported that his network had charged the Williamsburg Charter HS an exorbitant $2.3 million in management fees.
He had founded Williamsburg Charter HS in 2003, opened two more charter high schools in the same neighborhood in 2009 — and then promoted himself to CEO of a network that ordered the three schools to cough up sky-high fees for support.
As head of the network, Calderon-Melendez took in more than $500,000 in 2009 alone — an enormous take-home for a network that was overseeing just three schools. He accepted a pay cut the following year but still took in at least $378,000, according to city Department of Education records.
Under his guidance, the Williamsburg Charter HS entered into an untenable $79 million, 30-year lease — shelling out more than $2 million annually — and paid consultants more than $750,000 in a single year.
Additional reporting by Ikimulisa Livingston
yoav.gonen@nypost.com

Here is more on this guy from 2004 (are all education officials asleep?):

Dirty job: charter teachers janitors

Last Updated: 7:05 AM, May 9, 2011
Posted: 1:50 AM, May 9, 2011

School Official Charged: Charter Schools Founder Accused of Tax Fraud, Billing Network for Europe Trip


Ohanian Comment: This is the thug who sent me threatening e-mails after I asked this question. He was notorious for mistreating teachers . 

Here's the New York Times opening paragraph:
When state investigators demanded last year to see personal tax returns filed by Eddie Calderon-Melendez, the founder and chief executive of a troubled network of charter high schools in Brooklyn, he produced them. One problem, according to the investigators, was that those state tax returns were falsified and had never been filed.
And here's the kicker: Almost all of the money to operate the three schools came from public financing. 

By Sophia Hollander and Aaron Rutkoff 

The founder and former chief executive of a troubled charter-school network in Brooklyn was indicted Thursday on charges that he repeatedly failed to pay income taxes, embezzled money from his schools and created phony records. 

Eddie Calderon-Melendez, the ex-CEO of the Believe High Schools Network, failed to pay taxes on more than $1.4 million in compensation between 2005 and 2010, prosecutors allege. During that period, Mr. Calderon-Melendez never filed a tax return and failed to pay more than $70,000 in state and city taxes, the indictment claims. 

"While earning a six-figure salary funded largely by taxpayer dollars, the defendant robbed the state of New York of much-needed revenue when he failed to pay his taxes for six years in a row," Attorney General Eric Schneiderman said in a statement. "He then compounded his crime by creating false evidence to throw investigators off his trail." 

Mr. Calderon-Melendez, who pleaded not guilty at an afternoon arraignment, couldn't be reached for comment. No one answered the door at his Brooklyn home, and his lawyer, Jeffrey Udell, didn't respond to requests for comment. 

The indictment handed down in Brooklyn Supreme Court charged Mr. Calderon-Melendez with 11 felony counts, including tax fraud, grand larceny and falsifying records. 

Among the accusations, prosecutors allege that in 2009, Mr. Calderon-Melendez charged more than $1,800 in expenses from a personal trip to Europe on a credit card connected to one of the schools. 

It was another setback for the three struggling Williamsburg, Brooklyn-based schools that form the Believe network, which Mr. Calderon-Melendez founded in 2009. 

In January, education officials announced that they planned to shutter all three schools this summer—which would have been the first time officials closed an entire New York City charter-school network. 

Though charter-school closures are generally traced to poor academic performance, in this case officials cited fiscal and governance problems. Mr. Calderon-Melendez was central to many of their complaints, including Williamsburg Charter High School's decision to rehire Mr. Calderon-Melendez as CEO without considering other applicants and failure to address concerns about his leadership. 

Some board members accused him of using his school credit card to purchase personal items, including alcohol. 

All three schools failed to disclose conflict of interest among its board members and had struggled to recruit board members and students, according to officials. A state audit of the 2009-10 school year found more than $80,000 in overpayments to the network and hundreds of thousands of dollars in mishandled expenses. 

After the revocation threats, one school, Northside Charter High School, successfully appealed to have its charter revocation reversed. The school is now on probation. 

"They're doing everything that the state Education Department has asked them to do to comply with the charter," said Sharon McCarthy, the attorney for the schools in connection with the attorney general's investigation. "They're very devoted to the children and making sure the kids have a place to go to school in the fall." 

The other two schools are still slated to close, but in a letter posted on the website of Williamsburg Charter High School, the board of trustees vowed to challenge the revocation of the charter in court, calling it "heartbreaking news." 

Williamsburg Charter High School severed its ties with Mr. Calderon-Melendez in January, Ms. McCarthy said. 

Mr. Calderon-Melendez founded Williamsburg Charter High School in 2004 and became the school's CEO. Two years ago, the state approved Southside and Northside to join the newly created Believe High Schools Network, which Mr. Calderon-Melendez also headed. He stepped down from that position in January. 

But according to prosecutors, the problems started almost immediately. Mr. Calderon-Melendez failed to file taxes in 2005, they allege, despite earning up to $500,000 a year in salary and consultant fees. After receiving a subpoena, he "produced false New York tax returns" for years 2005 through 2008, the complaint states. 

—Lisa Fleisher contributed to this article. 

Write to Sophia Hollander at sophia.hollander@wsj.com and Aaron Rutkoff at aaron.rutkoff@wsj.com 

— Sophia Hollander and Aaron Rutkoff
Wall Street Journal

2012-04-13

http://online.wsj.com/article/SB10001424052702304356604577340122552899452.html?mod=djemITP_h