EXCLUSIVE! Central Park East 1 3020-a Decision!!

This just came into the SBSB newsroom due to the hard work and vigilance of The Crack Team.

For the first time ever a 3020-a of one of the teachers embroiled in the inanity and insanity at Central Park East 1 is being published.

Reading through this decision is stomach turning. The bullshit charges, the waste of taxpayer money, the wasteful year of the teacher's students, the time consumed, shows that the teacher discipline system is completely out of whack and the UFT if not complicit turns a blind eye to the kangaroo court that is the 3020-a process.

Again, this teacher was lucky and in the right school at the right time. The teacher had support from the teachers of CPE 1, MORE, and most importantly the parents and the community of CPE 1. Who gets charges, what the charges are, etc...are all dependent on a bunch of hacks in the DOE's legal department, SCI, and OSI, who decide on who is gulity and who should be charged using only this method to decide who shall be so blessed.

Another thing. This teacher was blessed to have Jordan Harlow as a lawyer. If you are a teacher that wants or needs legal representation and wish to avail yourself to outside counsel, run and do not walk, and get on the phone and contact Jordan post haste!

Read here for the 3020-a decision (UPDATE 9:38 PM EDT: Forgot to add the decision when first published!)...

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.

Portelos Back in Fantasy World

Oh Portelos is at it again, giving false hope from a false prophet clown.

On November 29, 2016 Portelos shared this post on memyselfandI,com giving the illusion that the arcane method of bulletin boards was about to be resolved. You know the rubrics, nice little motes on post-its, all that kind of fun stuff.

Sadly, and I can't blame teachers, especially those who do not know the truth about Portelos, that this is a light that is at the end of the tunnel. There is no resolution as of yet to this asinine bulletin board system.

Sadly, there are those that take the word of a scheister. Those that are desperate to feed into one's ego of self-aggrandizement. The truth is out there, and a modicum of truth does not even begin with Portelos.

The Crack Team came across this from several UFT members deep within 52 Broadway. There is no resolution on the bulletin boards. The UFT is confident that there shall be, but in the meantime we have to deal with the crappy system. For now.

Yes, the current evaluation system makes no mention of bulletin boards as something to be evaluated and/or observed. And yes, principals are sticking with this until otherwise noted make teachers city wide pull out their hair like Larry.

So when a teacher who in a state of distress and finds such an irresponsible, lack of substance blog post, of course they will lock on to it without knowing full well about the source of such a post.

As of today, April 5, 2017, nothing has changed. The UFT I have been assured is working on this bulletin board matter as we speak.

No yes, if a teacher does not do the bulletin board the suggested way and gets written up for it, that teacher can and should file a grievance post haste. But the problem, at least as we see it here at SBSB is that until a ruling comes down in favor of the UFT the problem is there is no iron clad agreement/precedence which in the opinion of The Crack Team will only harm the teacher more.

This is why I am going to lay my cards on the table and ask around about Portelos, ask about what Portelos has actually accomplished and like you would for a doctor who tells you need a procedure, get a 2nd and 3rd opinion, preferably from a grown up.

Sometimes adults can infuse help and reality. Remember, consider your sources.

If I am wrong with anything, or missed something, I will correct post-haste.

UFT Breaks 45 Year Gentleman's Agreement Concerning NYSUT

For those who might have read my recent posts concerning the upcoming NYSUT elections and have interpreted my writings as an endorsement of Unity and not Stronger Together, well you are wrong.

Though I and The Crack Team disagree with ST's tactics, we here at SBSB hope that ST comes out victorious at the RA at the posh and quite expensive New York Hilton April 7-8.

But something reaks within the upcoming NYSUT election and the smell is permeating from Unity. Read on. Be patient.

Several sources reached out to The Crack Team and suggested that we read pages 67-8, and 114 from "Teachers United: The Rise of New York State United Teachers." We did.

Though we didn't read it all, we did read the pages that were suggested. We read how in 1972 Long Island assemblyman Charles Jerebek was attacking our profession. How the UFT, while quite powerful in NYC, was weak within the confines of Albany.

There was a lot of bad blood amongst the teachers unions of New York State. The UFT was aligned with the AFT, upstate with the NEA. Albert Shanker knew that to have clout in Albany the disparate parties must join together.

Shanker reached out to then Yonkers Federation of Teachers president Walter Tice. Shanker shared with Tice how the Albnay politicians played one group off of another. In unity (pardon the pun) there was strength. Not only will this reconciliation help NYC and upstate teachers unions, but help the thousands of fence sitters organize as well.

But, and this is what brings us to 2017, there was something more. Something that was never memorialized, something that was never put in writing, but initiated by Shanker.

There is (or maybe now WAS) a gentleman's agreement that a UFT member will never, ever run nor be president of NYSUT (Again, this is from several well qualified inner sanctum sources). Today in 2017, with the nomination of Andy Pallotta, that agreement as the same worth as a $3 bill.

Look back to the forming of NYSUT. There has never been someone from the UFT as president. Why is this year different? Why now?


Chances are, the way the election and it's process is stacked, the UFT/Unity backed candidate will win. Yes, Karen Magee was the pre-ordained UFT/Unity candidate but she showed to much independent thought (especially when it came to testing) that she was "promoted" and asked to go away. And besides, Karen was not a UFT member.

Could the UFT/Unity machine had selected someone other than a UFT member to run as president of NYSUT? Surely yes, but that would run the risk again of someone exhibiting independent thought. So what to do?

Violate the gentleman's agreement that Shanker made and insert someone you can control. Someone who will tow the party line. Someone who will ask permission first then speak.

Shanker must be rolling over in his grave right now.

With the shitstorm on the education horizon. what with HB-610, a rehearing of Friedrich's, Betsy DeVos, Trump, Cuomo, why the hell is UFT/Unity so tone deaf?? If they are so desperate to keep power isn't the easiest method to that end to work for the betterment of it's members instead of power grab after power grab? Aren't we a better union and able to serve our core constituents (our students) more appropriately when there are more voices and more ideas and coming together in a natural, organic method?

When it is Time to Move On

Everything is over. Done. Kaput. Finis.

The lawsuits are done. We settled both suits (I believe last time I discussed this, one suit had been settled). A tremendous weight has been lifted off my shoulders.

I can't say enough about my wife who unconditionally stood by my side through all this craziness the last, almost, 5 years and showed me such strength when I was at my lowest. She turned out, as I would tell her, to be my Yoko Ono.

Enough also can't be said for my brilliant lawyer Bryan Glass as well as his partner Jordan Harlow. Both Bryan and Jordan are beyond honorable men and lawyers and both complement each other in very unique ways. If you are in trouble with the DOE and need a lawyer you can not go wrong at all with either. Just don't bring up the Red Sox with Jordan. He for some reason thinks they are going to win the World Series this year.

Anyway, it is time for me to move on. 

I'm thinking this today for some things I have read about this week.

One, is the articles in the Post earlier this week (I refuse to even link to them) about the Renewal Schools. Someone, I shan't say who, tried to rope me into commenting for the articles. I didn't want to. That chapter in my life is over. It is time to move on. I don't need the attention. I don't need to be the center of the teacher universe.

Another article is from one minor NYC newspaper about a teacher suing the DOE.

I wish this teacher the best. But sometimes, and I learned this, there is a time to say enough is enough. As a lawyer who is a close personal friend of mine once shared with me, "Our system is not about justice, it is about how money I can get for you." And, "You never know what a jury will do."

There are two kinds of justice. First is Revenge, and if this is your aim, your soul and katra will wither and die. Then, there is True Justice, in which a wrong is righted, but it must be for the correct reasons.

Let God or whatever deity or spiritual power you believe in, take care of the "Revenge" (I don't even like using that word).

I didn't want my lawsuit to consume me nor define me. Yes, there were times that I wanted blood (figuratively). There were also times through this lawsuit,  that I got very down, that I said "FUCK IT!", and just wanted to quit.

But I could let it define me, or give up. There are much more important things in my life. One, is my peace of mind, my mental state. The others are right here in my house. My wife and my son.

My marriage was at times strained due to the lawsuit. But my wife was very involved in my case. Coming to court. Reassuring me. Strengthening my resolve.

My son needed me too. In fact, I needed him more. He will be 16 this June and entering college in two years. I can't, could not, and would not, neglect my role as his father for this lawsuit. He needs a father full time. If anything good came out of this I believe he has a better understanding of how to stand up for himself, and for those who need help the most.

I see how some have become so consumed with their own lawsuits. One person I know, and I won't share his name, has continuously taken bad advice from the wrong person (time
after time) and has practically lost his mind wallowing and chasing every windmill both real and imagined.

Nor do I have any inclination that my lawsuit was going to deliver teachers to the promised land of freedom. I'm not that full of myself. I am happy with who I am.

Not every teacher can fight back like I, or others have. That is something that some just can't wrap their brains around. All I can do, and I have reached out and been reached out to, is give any teacher in distress what their options are, everything and anything they can do, and let them make the choice that is best for them. And at that point, support them unconditionally, in anyway that is required.

And another thing I have realized. For all the crap I have been through, there have been teachers that are much worse off than I can even fathom. I know I might have my moments, but there but for the grace of God go I. How can I truly grow and move on as a person and a teacher if I think I had it bad ,when so many of my brethren are hurting and in deep, deep pain?

I am not giving up the struggle for our schools, our communities, and our educators. But the wise thing  to know is when to use the chisel instead of a hammer and to remember the difference.