2016 NY Slip Op 05051
IN RE ANNE VAN RABENSWAAY,
Petitioner-Appellant,
v.
CITY OF NEW YORK; ET AL.,
RespondentsRespondents.
1571, 101036/14.
Decided June 23, 2016.
Appellate Division of the Supreme Court of New York, First Department.
Glass Krakower LLP, New York (John Hogrogian of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Jeremy W. Shweder of counsel), for respondents.
Before: Tom, J.P., Friedman, Richter, Kapnick, Gesmer, JJ.
Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered on or about
April 21, 2015, denying the petition to annul respondents' determination, which upheld petitioner's
unsatisfactory rating (Urating) for the 20122013 school year, and
dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without
costs.
Petitioner has failed to show that the Urating was arbitrary and capricious, or made in bad faith.
The evidence that petitioner
failed to timely complete individualized education plans (IEPs) for at least five of her students, despite repeated warnings and offers of assistance from the
IEP coordinator, provided a rational basis for the rating (see e.g. Matter of Murname v Department
of Educ. of the City of N.Y., 82 AD3d 576 [1st Dept 2011]; Batyreva v New York City Dept. of Educ., 50 AD3d 283 [1st Dept 2008]).
Petitioner's various excuses, even if valid, would not warrant a finding that the Urating was arbitrary and capricious under the
circumstances. To accept them would amount
to second guessing the determination that her repeated failure to timely
complete the IEPs
reflected a pedagogical deficiency that merited the Urating (see Maas v Cornell Univ.,
94 NY2d 87, 92
[1999]).
Furthermore, petitioner has failed to demonstrate the existence of any issue of fact that could
show, even if resolved in her favor,
arbitrary and capricious action under the circumstances.
Thus, there was no need for the court to have conducted a hearing (see
CPLR 7804[h]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
A close-up look at NYC education policy, politics,and the people who have been, are now, or will be affected by these actions and programs. ATR CONNECT assists individuals who suddenly find themselves in the ATR ("Absent Teacher Reserve") pool and are the "new" rubber roomers, people who have been re-assigned from their life and career. A "Rubber Room" is not a place, but a process.
Tuesday, June 28, 2016
Wednesday, June 22, 2016
The Rubber Room Still Exists, Folks
Robert Bradbury did not deserve to be in the latest mess created by the New York City Department of Education. I met him many years ago, and we have kept in touch, and I can tell you that he is a very, very nice guy.
But his Principal, Howard Kwait, has so many demons and skeletons dangling around him that I'm surprised he is still getting a salary. (see below)
Why do we have such people working forever at the DOE while good people lose their jobs for no reason?
Dunno.
Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, The NYC Public Voice
They’ve been rubber marooned for five to seven years each.
Robert Bradbury, 47, who taught history at John Bowne HS in Flushing, mans the reception desk. He made $84,104 in 2015.Bradbury was accused of incompetence by Principal Howard Kwait, who has since cost the city more than $500,000 in settlements with two assistant principals who accused Kwait of sexual harassment, and a student falsely blamed for sending menacing e-mails to staffers.
A Voice From the 'Rubber Room'
But his Principal, Howard Kwait, has so many demons and skeletons dangling around him that I'm surprised he is still getting a salary. (see below)
Why do we have such people working forever at the DOE while good people lose their jobs for no reason?
Dunno.
Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, The NYC Public Voice
![]() |
| Robert Bradbury |
Teachers trapped in rubber rooms for years, still collect
full pay and raises
They’ve been rubber marooned for five to seven years each.
The city Department of Education has kept three accused teachers
on the payroll, but confined to menial office tasks since seeking to fire them
in 2009 to 2011. One takes home nearly $100,000 a year, and they all get
contractually mandated raises.
It’s a violation of a major 2010 agreement between the DOE and
the United Federation of Teachers to break up the infamous holding pens dubbed
“rubber rooms.”
In the pact, former Chancellor Joel Klein and union president
Michael Mulgrew agreed to end long delays in the handling of educators charged
with misconduct or incompetence.
But the rules have collapsed in several cases. Arbitrators who
have 30 days to file their rulings after completing termination trials simply
abandoned the cases, and the DOE says it could do nothing about it.
“They’ve been in limbo for nearly six years — collecting full
pay and benefits but just sitting here doing nothing with no light at the end
of the tunnel,” a reassigned educator said of two tenured teachers waiting long
overdue rulings at 28-11 Queens Plaza North.
![]() |
| Howard Kwait |
Robert Bradbury, 47, who taught history at John Bowne HS in Flushing, mans the reception desk. He made $84,104 in 2015.Bradbury was accused of incompetence by Principal Howard Kwait, who has since cost the city more than $500,000 in settlements with two assistant principals who accused Kwait of sexual harassment, and a student falsely blamed for sending menacing e-mails to staffers.
Bradbury’s trial ended July 5, 2011, but arbitrator Leona Barsky
failed to file a ruling.
![]() |
| Leona Barsky |
“I had to step away from the case due to the recurrence of my
breast cancer,” Barsky told The Post. She’s been removed from a panel of
hearing officers.
Joshua Cutler, 36, an English-as-a-second-language teacher at IS
10 Horace Greeley, makes photocopies in the Queens office. He was paid $67,672
last year.
Back in 2011, Cutler, was yanked from his classroom for tussling
with a student.
“One of the most violent kids in my class accused me of
intentionally bending his wrist to try to hurt him,” he told NPR in 2013. “I
did break up fights repeatedly, but I never intentionally caused harm to a
child.”
Cutler said he would not quit his DOE job: “I’m fighting this till
the very end, no matter what.”
Arbitrator Beverly Harrison, also removed from a panel of DOE
hearing officers, never ruled.
Seven years ago in May 2009, Laurie Goldstone, a teacher at P.S.
268 Emma Lazarus in East Flatbush, was charged with incompetence and reassigned
to clerical duties, officials said. Arbitrator Adam Goldberg conducted her
hearing but left the post in 2010-11 without filing a ruling. Goldstone took
home $98,366 in 2015.
The DOE cannot fire tenured teachers unless an arbitrator says so.
Arbitrators get paid $1,400 for each day they work on a case
after filing their rulings.
While state law mandates decisions 30 days after a trial, they
typically take four to six months, said Betsy Combier, a paralegal who defends
teachers.
“The DOE does not hold arbitrators accountable for missing the
deadline,” she contends.
But DOE officials said state law has no penalty for arbitrators
who drop the ball, and no process to re-do a hearings with different
arbitrators.
“We have repeatedly reached out to the
independent arbitrators handling these cases to issue their decisions, and
their failure to do so is unacceptable,” said DOE spokeswoman Devora Kaye. “We
are evaluating new options to close these cases, as well as options for
penalizing arbitrators who fail to issue timely decisions.”
Principal who cost city $500K
in settlements now accused of fixing grades
Pervy principal keeps his job despite draining city in legal fees
A randy Queens high-school principal has cost the city more than a half a million dollars to settle sexual-harassment suits brought by staffers and students — and he’s still on the job.
John Bowne HS Principal Howard Kwait presented the latest hefty tab to taxpayers on Thursday, when the city agreed to give a combined $275,000 to two former assistant principals who accused him of everything from lewd advances to fudging grades.
Maria Catenacci and Sally Maya were so disgusted by Kwait’s boorish antics that they resigned their positions, court papers state. Maya agreed to settle her case for $150,000 and Catenacci for $125,000.
“It was best for the city to settle,” a spokesman told the Post.
It’s not the first time Kwait’s antics cost the city cash. A 2012 suit against him by a student’s family, who said the girl was falsely accused of sending staffers threatening e-mails, was settled by the city for $225,000.
“We settled after evaluating the facts and the risks of proceeding with the litigation,” said a city Law Department spokesman.
The city also paid an undisclosed amount when, in 2012, it settled another harassment case against Kwait. That one was brought by an assistant principal who accused him of discrimination when she became pregnant.
![]() |
| Howard Kwait (left) |
In the latest suit, Catenacci claimed that Kwait pressed her to go home with him after an alcohol-soaked retirement party for a colleague and attempted to straddle her at another school related event.
“Mr. Kwait made numerous sexual advances towards Ms. Catenacci,” the suit, brought by attorney Steven Morelli, states.
Knowing she was a lesbian, Kwait profanely interrogated her about her sexual interest in other female staffers at the school, the suit stated. When she rebuffed his advances, Kwait revoked her teaching responsibilities and undermined her, the suit said.
Maya, meanwhile, accused Kwait of criticizing her for getting pregnant and taking time off.
Despite his legal woes, Kwait remains principal at the school, where the motto is “the relentless pursuit of success,” according to its Web site.
“We are reviewing Mr. Kwait’s status,” said Department of Education spokeswoman Devora Kaye.
By Liana Heitin on May
13, 2013 12:31 PM
Sixteen years ago, Radio Diaries, an audio series broadcast on NPR
in which people document their stories, had a show on Josh
Cutler, a high school student living with Tourette Syndrome, a
neurological disorder characterized by vocal and motor tics. Last week, the
program aired a follow-up episode, in which Cutler caught listeners up on where
he is today.
As it turns out, the now 33-year-old became a New York City public
school teacher. But two years ago, in his seventh year of teaching, he was
accused of misconduct and terminated from the classroom. He explains: "One
of the most violent kids in my class accused me of intentionally bending his
wrist to try to hurt him. ... They said that I was doing this repeatedly. Well,
yes, I did break up fights repeatedly, but I never intentionally caused harm to
a child. Of course not."
During a termination hearing, one of his colleagues testified that
she had been concerned for her safety because "Mr. Cutler has some bizarre
tendencies." She continued: "Mr. Cutler has openly told me that in
social situations he doesn't always behave appropriately because of medical
issues. ... And his behavior is unpredictable and it's strange."
Cutler now sits in a temporary reassignment center, or what is
colloquially known as a "rubber room," from 8:30 a.m. to 3:20 p.m.
each day doing office tasks as needed. He continues to receive his teaching
salary. "My parents think I should leave and go do something else, but I'm
not going to do that," he says. "I'm fighting this till the very end,
no matter what."
We've written about rubber rooms and the absent-teacher
reserve pool (the teachers who are paid to sit in the
rooms) quite a bit over the years. In 2010, the United Federation of Teachers
and the N.Y.C. school district reached an
agreement to close the rooms and instead have teachers
report to the central office for clerical work. But as Ed Week reporter
Stephen Sawchuk has written—and as Cutler's story
corroborates—not much has changed. The rooms may now be in an office setting,
but the teachers in them are still getting paid for, as Cutler says, "just
sitting around in limbo."
Cutler's account of the dismissal and arbitration offers a glimpse
into how complex these cases can be—and perhaps into why these policies have
yet to be truly undone. Be sure to check out Cutler's diaries from both then and now, as
well as the rest of the series, entitled Teenage Diaries
Revisited.
Labels:
Josh Cutler,
NYC DOE,
Robert Bradbury,
rubber rooms
Sunday, June 19, 2016
Stuyvesant High School Principal Retires to Become Superintendent of the New York Military Academy
Stuyvesant principal quits for post at Trump's former school
Jie Zhang retires after four years at helm for upstate gig at military academy
![]() |
| Stuyvesant High School |
Stuyvesant High School Principal Jie Zhang announced Monday that she would retire in July to become superintendent at the New York Military Academy, a private boarding school upstate best known for having had Donald Trump as a student.
![]() |
| Former NYC Chancellor Dennis Walcott and Jie Zhang |
Zhang has spent more than 30 years as an educator, which means she was likely not increasing her future pension by continuing in the post she has held for just four years. In fact, she should now be able to draw on that pension while receiving her private-sector salary from the military school, located in Cornwall-on-Hudson.
In an email to students Monday, Zhang did not explain the reasons for her decision other than to say it was "difficult." She wrote that she chose July 21 as her retirement date because it was on that date in 1985 when she landed at Kennedy Airport "to pursue my American dream."
Her first job as a teacher was at Rikers Island. She took the helm at Stuyvesant High School after acheating scandal led to her predecessor's resignation.
Zhang's new school was bought at a bankruptcy auction last fall for a reported $15.825 million by a nonprofit controlled by Chinese investors, who pledged to reopen the 126-year-old high school after it filed for Chapter 11 protection in March 2015. The school sent letters assuring students that it would open in September of that year, but it did not.
Besides Trump, the school's alumni include Stephen Sondheim, John A. Gotti and Francis Ford Coppola, according to The New York Times. It was founded in 1889, but military schools have recently fallen out of favor, and that trend has contributed to the New York Military Academy's financial struggles. Its enrollment had fallen to fewer than 100 students from more than 600 in the 1960s.
Trump graduated from the school in 1964 and later credited it with maturing him after a rambunctious stretch at a Queens prep school. The Washington Post (which on Monday was banned by Trump from his campaign events) reported that his five years at the military school, which runs from eighth grade through twelfth, were not without controversy.
Though many alumni from the school went on to celebrated military careers, Trump got educational and medical deferments to avoid serving in the Vietnam War.
Friday, June 17, 2016
Bernard Gassaway Becomes the Reason Why Nothing is Going Right At the NYC DOE - After He Says NYC has No Education Plan
Bernie has been saying that the NYC DOE needs helps for years. I spoke with him after he resigned as Superintendent, and he was saying then that the NYC DOE was a mess.
There is just no accountability for any failures by the DOE chiefs, of which there are too many. Why do we need Tweed hiring anyone for too much money?
What a waste of public money.
Keep talking, Mr. Gassaway!
Betsy Combier
LINK
The principal of a long-struggling high school in Brooklyn handed in his resignation this week —
Whatever the reason, the atmosphere at the school — where enrollment has plummeted to about
![]() |
| Bernard Gassaway |
There is just no accountability for any failures by the DOE chiefs, of which there are too many. Why do we need Tweed hiring anyone for too much money?
What a waste of public money.
Keep talking, Mr. Gassaway!
Betsy Combier
![]() |
| Bernard Gassaway, left, talks about his resignation with Errol Louis |
Principal of Failing Brooklyn School Quits, Saying City Lacks an Education Plan
The latest indictment of the Department of Education's management of failing schools was personified last week by Bernard Gassaway, the recently self-retired principal of Boys and Girls High School.
As he stepped down after five tortured years at the helm of the storied Bed-Stuy school, Gassaway took a verbal backhand to the DOE for failing to produce a plan to turn around the chronically failing school.
Predictably, the DOE shot back that Gassaway was the problem and that the they were planning to get rid of him anyway. But the hard truth is that we as a community – from DOE policy makers, Gassaway and school leadership to the parents and surrounding community-based institutions – ultimately failed the students of Boys and Girls and have been doing so for years.
I believe that the wider community of parents, teachers and neighborhood-based institutions - not just a singular principal or a fix-all plan handed down from Mount Tweed - has the resilience to produce a thriving learning environment if it is engaged through an effective community school model.
The mayor, having promised 100 community schools, has already designated 42 of them. Boys and Girls, in a cluster with other schools in the area, should be included in the next round.
Boys and Girls offers robust services as many community schools do, and is the site of countless community events. It also has the support of local politicians. However it struggles to offer the high academic standards and broad collaboration that are essential elements of effective community schools.
Specifically, parents and the surrounding community have remained under-informed regarding the school and under-engaged in determining its fate. A community school is not just a school within a neighborhood, but an academic and socio-economic hub for the surrounding community. Is this yet another supposed solution-in-a-box? No.
A community school model doesn't suddenly address all the challenges posed by poverty, institutional racism, and DOE bureaucracy. For instance, Boys and Girls will continue to fail under any plan, under any leader, if it continues to be used as the high school of last resort. But with adequate resources, intelligently invested in a community school model, Boys and Girls can begin to address the physical and emotional needs of not just the whole child, but the whole family.
While the Children's Aid Society in New York and Community in Schools, a national network of community schools, provide evidence that community schools demonstrate higher academic achievement levels, the model ultimately rises and falls on the strength and organizing skills of the community behind it.
This is a critical moment in the transition for Boys and Girls, which just named Gassaway's replacement. We've all seen principals, who, from a single centralized command, keep parents at a distance, see community institutions simply as service providers rather than partners, and treat peer schools as competitors. With so much pressure to meet city and state standards, schools often morph into fortresses and focus their attention inward. In effective community schools, principals are not dictators, but savvy community organizers and collaborators who know how to harvest the talent of the people and organizations around them.
Neither a new principal nor a new plan by the DOE will alone "fix" Girls and Boys. But within a community school framework, they can both provide a rare opportunity to re-think how to build investment and accountability among a broader set of people deeply engaged in the success of a school.
****
Mark Winston Griffith is the Executive Director of the Brooklyn Movement Center, a community organizing group developing leadership among Central Brooklyn parents.
Mark Winston Griffith is the Executive Director of the Brooklyn Movement Center, a community organizing group developing leadership among Central Brooklyn parents.
Principal of Failing Brooklyn School Quits, Saying City Lacks an Education Plan
The principal of a long-struggling high school in Brooklyn handed in his resignation this week —
and offered Mayor Bill de Blasio’s Education Department one of its sternest public rebukes yet.
“The problem is, there is no plan,” the principal, Bernard Gassaway of Boys and Girls High
“The problem is, there is no plan,” the principal, Bernard Gassaway of Boys and Girls High
School, said of the city’s approach to struggling schools. “They’re making it up as they go
along.”
Mr. de Blasio and the schools chancellor, Carmen Fariña, have distanced themselves
Mr. de Blasio and the schools chancellor, Carmen Fariña, have distanced themselves
aggressively from the approach taken by the administration of former Mayor Michael R.
Bloomberg to the city’s worst performing schools, which rested primarily on closing them
and replacing them with new, generally smaller ones. But Mr. Gassaway’s critique, perhaps
the first of Ms. Fariña’s tenure to be made so loudly by an insider, comes amid growing
questions about what the city plans to do instead.
Boys and Girls, which has existed in some form since 1878 and is Bedford-Stuyvesant’s
Boys and Girls, which has existed in some form since 1878 and is Bedford-Stuyvesant’s
main high school, has a long list of distinguished alumni, including Shirley Chisholm, Norman Mailer and Aaron Copland. But in recent years, its reputation has become checkered.
In 2005, a class-action lawsuit against the city alleged that some students at Boys and Girls
In 2005, a class-action lawsuit against the city alleged that some students at Boys and Girls
were essentially warehoused in an auditorium for large portions of the day, segregated from
the rest of the students and not given enough opportunity to earn the credits needed to graduate.
The suit was settled in 2008; the city did not admit any wrongdoing.
In the last three school years of Mayor Bloomberg’s term, Boys and Girls received three F
In the last three school years of Mayor Bloomberg’s term, Boys and Girls received three F
grades, based on student performance, college and career readiness, student progress and other metrics. In the spring, Boys and Girls, along with Automotive High School in Williamsburg, Brooklyn, was classified by the state as being “out of time” to turn itself around and given a
handful of options, including shutting the school down, converting it to a charter school and
replacing its administration.
That was under Mr. Gassaway’s watch, but he said that the school received dismal results
That was under Mr. Gassaway’s watch, but he said that the school received dismal results
because the most difficult students in the system were routinely assigned there, in unusually
large numbers.
Whatever the reason, the atmosphere at the school — where enrollment has plummeted to about
800 students from over 2,000 in 2009, Mr. Gassaway said — could stand improvement.
“There’s enough security,” said Eli Bradley, 18, a student at Boys and Girls. “That’s about it.”
Another student at the school, a 16-year-old junior who declined to give his name for fear of
“There’s enough security,” said Eli Bradley, 18, a student at Boys and Girls. “That’s about it.”
Another student at the school, a 16-year-old junior who declined to give his name for fear of
reprisal, said on Friday that he was transferring.
“The school could be better, the teaching could be better, the resources could be a whole lot
“The school could be better, the teaching could be better, the resources could be a whole lot
better,” he said, pointing to ragged, overgrown tennis courts nearby. “I’m going to transfer soon.
They don’t give you a lot of opportunity here.”
Mr. Gassaway said the de Blasio administration did not provide a coherent vision of how it
Mr. Gassaway said the de Blasio administration did not provide a coherent vision of how it
planned to improve Boys and Girls, and he said the approaches the city planned to use, like
social services for the students and increased professional development for the staff, were not sufficient. (Mr. Gassaway has not been shy about criticizing the Education Department. A
former superintendent under Mr. Bloomberg, he publicly rebuked that administration after
leaving the post.)
His voice joins a small chorus of those questioning the city’s plans for struggling schools,
His voice joins a small chorus of those questioning the city’s plans for struggling schools,
and for struggling high schools in particular. Last week, charter school supporters held a rally
to call attention to the city’s failing schools and to demand that the city come up with a strategy
to address them. Mr. Bloomberg often gave charter schools the space freed up by the closing of schools.
“The D.O.E. is innovating and investing to improve achievement outcomes at all our schools, especially those that have longstanding challenges,” Devora Kaye, a department spokeswoman,
“The D.O.E. is innovating and investing to improve achievement outcomes at all our schools, especially those that have longstanding challenges,” Devora Kaye, a department spokeswoman,
said in an email. “We continue to focus on ensuring that we meet the whole needs of each child
and family.”
The city must present its plan for more than 200 of its most struggling schools to the New York
The city must present its plan for more than 200 of its most struggling schools to the New York
State Department of Education by Nov. 7. Plans were originally due at the end of July, but the
state granted an extension.
Mr. Gassaway’s departure was reported Friday by The New York Post. Ms. Kaye said an interim principal would be put in place.
Nate Schweber contributed reporting.
Mr. Gassaway’s departure was reported Friday by The New York Post. Ms. Kaye said an interim principal would be put in place.
Nate Schweber contributed reporting.
Wednesday, June 15, 2016
Attorney Howard Friedman Appointed NYC Department of Education General Counsel
![]() |
| Howard Friedman |
When New York City’s education department responds to a lawsuit
challenging its handling of school violence, there will be a new name on the
legal papers.
Howard Friedman, who has
worked for the city’s law department for nearly two decades, will become the
Department of Education’s general counsel next month. Chancellor Carmen Fariña
announced the appointment in a statement that heralded Friedman’s “dedication,
passion, and innovative thinking.
The top legal slot had
been open since Courtenaye Jackson-Chase left for the Children’s Aid Society in
February after a
decade at the department. With her predecessor, Jackson-Chase tackled
efforts to close the “rubber room” for teachers who were removed from the
classroom after being accused of misconduct and to streamline disciplinary
hearings for department employees. As those issues dropped from the
department’s public priorities under the de Blasio administration,
Jackson-Chase reviewed the department’s Respect for All anti-bullying policy.
Friedman arrives as the
department faces a full slate of legal issues. They include how toallow schools to bend city rules to
promote racial integration and to how to respond to the school safety lawsuit, which
critics of the de Blasio administration filed this spring.
Here’s the city’s
complete press release about Friedman’s appointment:
CHANCELLOR
FARIÑA ANNOUNCES APPOINTMENT OF HOWARD FRIEDMAN AS GENERAL COUNSEL
NEW
YORK – Chancellor Carmen Fariña today announced the appointment of Howard
Friedman as General Counsel. In his new role, Friedman will serve as the chief
legal advisor for the DOE, where he will focus on the development and
implementation of new initiatives and the revision of existing education
policy. Friedman will also provide counsel to the Chancellor on the legal
aspects of policy and administrative matters.
Prior
to joining the DOE, Friedman served as the Chief of the Contracts and Real
Estate Division of the New York City Law Department, where he counseled City
agencies and the Mayor’s Office on transactional matters and special projects.
Friedman joined the Contracts and Real Estate Division in 1998, became Deputy
Chief of the Division in 2004, and was promoted to Chief last year.
“Howard
has demonstrated a remarkable commitment to serving our city and we are very
excited to have someone with his talent and experience join our team,” said
Schools Chancellor Carmen Fariña. “I know that Howard will continue to bring an
extraordinary level of dedication, passion and innovative thinking to his new
role serving our city’s 1.1 million students, families and school staff.”
“It
is an honor to join the Department of Education and to be a part of the
incredible work it’s doing on behalf of our city’s families,” said Howard
Friedman. “I’ve had the privilege of serving the City of New York and its
residents for the past 20 years, and I look forward to helping this department
build on the progress it has made delivering a high-quality education to every
student.”
“The
qualities that make Howard eminently qualified to lead the legal division of
the City’s largest operation are the qualities we will miss most at the Law
Department – his incomparable knowledge of the law, his ability to solve
practical problems, and his steadiness under pressure,” said Corporation
Counsel Zachary W. Carter.
“From
his time as a staff attorney at the Legal Aid Society, to his nearly two
decades with the New York City Law Department, Howard has proven himself a
tough and dedicated public servant,” said Ursulina Ramirez, Chief Operating
Officer for the Department of Education. “We are very fortunate to have him
join the department, where I know he will become a champion for our city’s public
school students and families.”
Prior
to joining the New York City Law Department, Friedman worked, among other
things, as a staff attorney for the Legal Aid Society, where he first worked in
the Criminal Appeals Bureau, and then in the Civil Division serving the Harlem
neighborhood. He is a 1985 cum laude graduate of Harvard Law School. Friedman
will join the DOE on July 5.
Labels:
Howard Friedman,
NYC DOE,
Office of General Counsel
Sunday, June 12, 2016
Job Opening at the NYC Department of Education Office of Special Investigations - Ethics Optional
The NYC Department of Education is looking for an Investigator
Confidential
Investigator – Special Investigations
Tracking Code
10150
Job Description
AMENDED
(Those who previously applied need not
re-apply)
Position Summary: The Confidential
Investigator will have wide latitude for independent action and decision, in
the performance of highly confidential and sensitive investigations into
allegations of corruption, misconduct, and/or other illegal, unethical, or
improper activity by Department of Education employees. The Confidential
Investigator will be expected to: conduct victim, witness, and subject
interviews; interact with union representatives; author comprehensive reports
of his/her findings; and testify, when necessary, at administrative hearings
and/or trials. Performs related work.
Reports to: Associate Director of
the Office of Special Investigations
Direct Reports: N/A
RESPONSIBILITIES
·
Conducts complex and special investigations.
·
Assists with the planning of investigative schedules and
assignments.
·
Prepares, reviews, evaluates, refers and/or acts upon allegations
of wrongdoing.
·
Conducts interviews of all relevant parties to a complaint,
including, but not limited to: the complainant/victim, witnesses,
students of varying ages, parents of students, subjects of the investigation,
and Department of Education employees.
·
Analyzes complaints of misconduct, develops investigative plans,
conducts fact-finding, reviews documentation, conducts related research,
prepares relevant correspondence, and submits comprehensive confidential
reports of the investigative findings for supervisory review and approval.
·
Makes recommendations as to the appropriate action to be taken
prior to and following an investigation.
·
Documents investigative activities and dispositions via the
office’s database in a timely and comprehensive manner.
·
Testifies at hearings, trials, and administrative proceedings.
·
Interprets and accurately applies relevant rules, regulations,
codes and policies.
·
Interacts and communicates with Department of Education employees
and the wider community, in person and via telephone, to intake and/or refer
complaints of misconduct lodged against departmental employees.
·
Advises Department employees, school administrators, parents,
students, and community members as to the Department’s reporting requirements,
and the Office of Special Investigation’s intake and investigative policies,
procedures, and protocols.
·
Maintains confidentiality of investigations and of the
investigative process.
In addition to the duties and responsibilities described above,
may serve as the Office of Special Investigation’s Communications and
Compliance Investigator:
·
Acts as the liaison to internal and external legal and law
enforcement offices seeking investigative information and/or confidential files
pertaining to Department of Education employees.
·
Conducts data analyses to identify trends and/or patterns of
misconduct within DOE schools and/or districts.
·
Advises administrators, superintendents, and supervisors within
the Office of Special Investigations, the Office of Legal Services, and the
department’s central office as to trends and/or patterns of misconduct within
DOE schools and/or districts.
·
Conducts internal and/or external trainings on the Office of
Special Investigation’s complaint intake procedures, investigative protocols,
Departmental reporting requirements, and the disciplinary process.
·
Assists with the organization and archiving of investigative
files.
·
Oversees the scheduling of investigative tours.
Qualification Requirements:
Minimum
·
A four year high school diploma or its educational equivalent and
four years of satisfactory full time experience in an industrial or
governmental agency in the field of investigation or as law enforcement officer
conducting criminal, special victims, white collar crime and/or
administrative investigations, or,
·
A baccalaureate degree from an accredited college, or education
and/or experience equivalent to the above.
Plus
·
Ability to complete comprehensive written reports detailing the
results of each investigation.
·
Ability to interview students and adults.
·
Proficient in Microsoft Outlook, Excel and Word.
·
Must possess a valid New York State Driver's License and be
willing to travel to Department of Education facilities throughout New York
City.
Preferred
·
Proficient in Microsoft Office (Access, Excel and PowerPoint) and
other widely used computer programs.
·
Experience utilizing Guidance Encase Forensic Software.
·
Experienced in examining computer hardware including the removal
of computer hard drives.
·
Experience or working knowledge of the public sector and/or
interest in public education.
·
Strong strategic thinking, attention to detail, and ability to
proactively identify key issues.
·
Ability to multi-task in a fast-paced environment.
·
Highly organized in order to track large amounts of case-related
data.
·
Ability to maintain chain of custody of all evidence gathered
during the course of investigations for possible criminal or administrative
prosecution.
Salary: $65,000
(Internal candidates who are selected for this position and who
currently hold comparable or less senior positions within the DOE will not make
less than their current salary.)
Position will be posted until filled.
We encourage applicants to apply as soon as possible.
Applications will not be accepted
without a resume and cover letter.
NOTE: The filling of all positions is
subject to budget availability and/or grant funding.
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, ethnicity, national origin, alienage, citizenship
status, age, marital status, partnership status, disability, sexual
orientation, gender (sex), military status, prior record of arrest or
conviction (except as permitted by law), predisposing genetic characteristics,
or status as a victim of domestic violence, sexual offenses and stalking, and
to maintain an environment free of harassment on any of the above-noted
grounds, including sexual harassment or retaliation. Inquiries regarding
compliance with this equal opportunity policy may be directed to: Office of
Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or
visit the OEO website at http://schools.nyc.gov/OEO
Job Location
NEW YORK, New York,
United States
Position Type
Full-Time/Regular
New Posting
No
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