Catlin Preston of Central Park East 1 is Exonerated!

Lots going on at CPE 1. Last week I mentioned how CL Marilyn Martinez was exonerated of all charges and now another teacher at her school, Catlin Preston, has been exonerated of all charges as well in his 3020-a case.

I can't yet go into details of what Catlin's case. Now is not the time.

This I can tell you. The charges against Catlin were bullshit. A sham. But Catlin got through it.

I spoke to Catlin on the phone back in January before his hearing started. Jia Lee had put me in touch with him and wanted me to share my experience, give advice, support, and whatever else I can give to him.

It's not that I needed to talk him down from the ceiling or anything, but of course he was anxious and apprehensive. I gave it to him straight. Best of all I gave him some coping skills (Which I think anyone going through a 3020-a hearing needs!).

It would be easy for anyone who has been in my situation to just have an agenda and project their own anger and fears onto someone. You know, have an agenda as some people do. But that would not have served Catlin or anyone in his situation any good.

Catlin needed the process demystified. I hope it helped. I think it helped.

But Catlin had someone better than me, or Jia, or MORE on his side. He had Jordan Harlow as an attorney. Then and now Catlin said that was the best money he had ever spent.

Catlin was fortunate as is any teacher in his situation to hire Jordan. Would things have turned out the same if Catlin hired someone else? Maybe. Maybe not. There are a lot of flim flam artists out there.

It's too bad that Catlin and his students were separated nearly 18 months.

FYI, Catlin is back at CPE 1 and the students and the community could not be luckier.

You and Your 3020-a Attorney

First, Mozel Tov to Marilyn Martinez and an actual WIN (Yes, I know, if you keep your job it
is a type of win, but Marilyn's is a true win) in her 3020-a hearing. False charges were brought against Marilyn by her principal at  Central Park East 1, Monika Garg. Norm Scott, who time and time again is at the forefront and one of the few people that I know who put their money where his mouth (Norm does what he does for complete selfless reasons. He is a true Mensch! If there is one person other than a actual attorney I want in my corner it is Norm!) is in helping teachers has much more about the mishagas that has been going on at CPE 1 and with Marylin over at his Ednotes blog.

So Marylin I was told had herself a NYSUT attorney. This was shared with me and though that person forgot the attorney's name he was described to me. I'm 99% sure it was my first NYSUT attorney. I can't give his name, but for today we will call him Bruce Wayne.

I'll tell you this about Bruce Wayne. He was on top of me. He cared. He returned phone calls. He listened to my ideas. He got incredulous when I was to appear on Howard Stern's Howard 101Sirius channel. So incredulous he sent me a certified letter and called me several times begging me not to do the show (He was concerned that I would say something ungood or get into a fight with High Pitched Erik).

But Bruce Wayne passed the baton to, in my opinion, a great lawyer and this lawyer saved worked her butt off. Bruce would have worked his butt off too I am convinced. I know he did for other teachers. Bruce Wayne is damn good.

So what is the point I am trying to make? My point is that don't let anyone fool you when they say to watch out for all NYSUT attorneys. That they don't care, that they don't want to go to trial. That they want you to resign.

Yes, I am sure, I have heard of, and know of NYSUT lawyers that don't care, don't return phone calls or emails, aren't prepared, etc... And yes I have heard and and know of teachers who were screwed over by their NYSUT attorneys and I feel for these teachers. . But I believe in my heart of hearts that such NYSUT attorneys are the exception rather than the rule.

Any legal representative telling you will win your case, is doing you a great disservice and being unethical. Don't believe anyone who tells you that they will win or your case is easy. Any lawyer, or for that matter anyone, who does not share with you offers from the DOE lawyer is doing you a disservice and is being unethical.

Heck, my second lawyer told me that I was given offers to resign and all that, but never was I told that I must. I was given the pros and cons of each offer that was made. In fact I tried to see if I can resign but do it in 18 months so I can retire with 20 years in. I forget whether or not if that offer was accepted. But that was the state I was in. But as anyone knows who reads this blog or knows me I decided to go feet first into the 3020-a abyss and it was scary.

What saved me was that as good great as my lawyer is the one person that is my best advocate, and is anyone's best advocate, was myself. I was not a spectator in my 3020-a. I was involved. I was involved in organizing papers, researching, taking copious notes during my hearing, brainstorming (Even when my ideas were out of left field!), and letting others, such as Norm, help out as well. 

Yeah, I was suspended for 4 months and it sucked! But guess what? I could have been terminated and that would have sucked a whole lot more! For four months I delivered auto parts, at $9.75 an hour. I worked 60 hours a week. I did what I had to do. I learned a lot about myself during my two years in exile and during the suspension(I also learned what a rip-off the mark up at your local garage is on parts). If I had another arbitrator it is entirely possible I could have been terminated. There but for the grace of God.

The whole point of this post is to tell anyone going through the hell of a 3020-a hearing is to be your best advocate. Roll up your sleeves and jump in and be your NYSUT, or if you go outside NYSUT, attorney's partner. At your first meeting ask any question that pops into your mind. Demand to know your attorney's background, their law school, etc... Every question is relevant.

Do not accept lack of communication. Do not accept anything other than your attorney's best effort. Come across as strong. You will not be hated but rather respected. And if you feel you are getting nowhere with your NYSUT attorney, go up the chain of command.

And if you decide that you don't want a NYSUT attorney for your 3020-a, as is your right, contact Jordan Harlow (Read his reviews here) ASAP!! Here is his contact information.

Again, you will not go wrong with Jordan.

90 Days of Portelos

This post is not an attempt at a reconciliation, nor am I looking for any gain. I just want to state what I feel. My opinion about something that happened to Francesco Portelos.

I have always felt that those who I have written about in what some might call a negative manner that if they do something right, or get screwed, I have no problem writing about them in a positive manner. I have done this with with Mulgrew, and I am sure I have done it with others.

To refresh. In June 2016 Portelos wrote a blog post outlining grade changing at DeWitt Clinton High School that seemed to be condoned, if not spearheaded by Principal Santiago Taveras. In June of 2016 Portelos posted copies of scores, grade changes, etc... I will not link directly to the page, just to the the UFT Solidarity site. Yes, names were redacted, but in my honest opinion not enough information was redacted. There was too much identifying clues,scores, teachers, etc... that if someone wanted to put real effort and roll u there sleeves a person can find out who is who.

I think he was wrong. I discussed this with a follow blogger and he agreed with me. But our conversation soon turned to what the DOE did.

To the best of my knowledge and from what I heard through the grapvine Portelos had a meeting with OSI concerning this breach if student records in or around October 2016. From the best of my knowledge he received a disciplinary letter concerning the incident in March of this year. Three months past the date of the meeting with OSI.

According to UFT Contract, Article 2, Section A, paragraph 1, it is stated....

However, an incident which has not been reduced to writing within three months of its occurrence, exclusive of the summer vacation period, may not later be added to the file...

This is grievable. This is wrong. I know exactly what this is like. In 2007 my principal wrote me up June for something that had occurred in January. We grieved it and before the hearing started the AP who came to the Chambers St told the hearing officer that they were not going to fight it. It was dismissed. My hunch tells me that the DOE did not want to set precedence.

This is winnable by Portelos. I heard he might go article 75, but I think he should grieve this. They screwed up and this is not winnable by DOE.

I might be missing some thing here and there in this post. I can be wrong about some thing. But 3 months is 3 months anyway you slice it.

But again, no student records or anything identifiable concerning students on a blog. I know another blogger who go a bit in hot water for this.

That's why when I write about students I give them Jewish names like Shlomo Rabinowitz. Avi Klein. What's the chance of a student in South Bronx having those names.