Pakter Vs. NY Post/NYCDOE: Supreme Court June 16 Hearing at 9:30 AM before Justice Cynthia Kern

We know how teachers feel about the NY press, but they have a particular feeling about Rupert Murdoch's NY Post. For those who can make it to this hearing, the big UFT rally at City Hall is the afternoon of the 16th so make it a twofer.- Norm



On March 21, 2010 The NEW YORK POST printed a story that included the statement that Mr. Pakter had been removed from the NYC schools system for quote "sexual misconduct"- a knowingly false statement since the paper had previously written about Pakter in another article about NYC Teachers in March of 2007.

The newspaper attempted to retract the false and Libelous statement one week later on March 28, 2010 by publishing a "Correction" Notice in a later Edition that included the words that the newspaper had, quote:

"incorrectly stated the allegations against David Pakter. The Dept of Education only alleges that he was insubordinate. Pakter claims he brought in a plant and offered watches as honor-roll incentives".

_______________________________________________________________

Mr. Pakter has already filed a $ 10,000,000 (Ten Million) NOTICE OF CLAIM against the NEW YORK POST newspaper as well as the NYC Dept of Education for the publication of false, libelous, defamatory, slanderous statements".

Both the NEW YORK POST newspaper as well as the NYC

Dept of Education have been served with papers to appear in

NY State Supreme Court

on June 16, Wednesday

at 80 Centre Street, Manhattan,

Room 328, at 9:30 A.M.

State Supreme Court Justice, the Hon. Cynthia Kern, Presiding

Final Days of Pakter Hearing- Monday and Tuesday

Ed Note:

For those who have not seen a 3020 hearing, here is your chance. This is a special case in that the hearing officer is Douglas Bantle who is fair minded and gives the defense a chance. There's a lot of back story here about DOE attempts to settle on certain conditions. It seems they know they have a good chance to lose this one. So they are pulling out every stop. I'm not sure what it is safe to write about, so I will be cautious at this point. An important note is that with all the backlog of cases and the need to resolve many of them under the new rubber room agreement with the corresponding need to hire many more hearing officers, Bantle is being "fired."

Note also that there are no penalties for DOE officials caught in lies.

As I have been warning people, start taping EVERYTHING. Pre and post observations and even your own lessons where you are being observed.

PLEASE POST - Reporters, Journalists and Bloggers - PLEASE POST
For Immediate Release

On Monday, May 10, at 10 AM --

For the first time in the history of NYC Dept of Education Teacher Trials, a State Hearing Officer has requested and will allow an accused NYC Teacher to play secret tapes in his possession to prove his innocence.


This is a ground breaking event and will prove beyond any doubt that former

'Teacher of the Year', David Pakter, was falsely accused of wrongdoing by the NYC DOE.

No member of the media, Legal community or anyone interested in Justice can afford to miss this unique, first ever milestone in the history of the long struggle by NYC Educators to receive fair treatment and "Due Process" at the hands of the 23 Billion Dollar New York City Dept of Education.

Where: 49 Chambers Street, Manhattan 6th Floor

When: 10 A.M.

Who: Hon. Douglas J. Bantle, Esq. - Presiding

Christopher M. Callagy, Esq. - for the Defense

Philip Oliveri, Esq. - Prosecuting for NYC



*************************

Note: New York City teachers have been removed from their classrooms and schools for decades based on the flimsiest heresay, fabricated allegations and bogus charges. Often the teacher is totally innocent of the accusations but is at the mercy of a system that makes proving one's innocence difficult if not impossible.

The NYC Dept of Education will present Witnesses who despite being under Sworn Oath, will lie with impunity and not hesitate to commit the most outrageous acts of Perjury knowing that there is virtually no price to be paid if caught.

On Monday, May 10, at 10 A.M.

for the first time in history, a courageous and independent Hearing Officer, sitting in Judgement to decide a highly Decorated Educator's fate, will allow David Pakter to have a fair shot at Justice.

The Honorable Douglas J. Bantle, Esq. will permit the accused to let the entire public learn the Truth by playing a tape recording proving "who" said "what" and "where" and "when".

The Hearing Officer and the Attorneys will all hear what those who accused Mr. Pakter said - or did not say- from their own lips.

The great French writer,Victor Hugo, once said:

"There is no force on Earth so powerful as an Idea whose time has come."

That time is 10 A.M. on Monday, May 10

at 49 Chambers Street, 6th Floor, Manhattan.

Be a Witness to History.

_______________________________________

Warning: the 6th Floor Receptionist has been known to falsely inform the Public there is NO Pakter Hearing scheduled.

Do Not Leave. Demand to speak to an Official. mily:Times New Roman;font-size:180%;" >"There is no force on Earth so powerful as an Idea whose time has come."

That time is 10 A.M. on Monday, May 10

at 49 Chambers Street, 6th Floor, Manhattan.

Be a Witness to History.

_______________________________________

Warning: the 6th Floor Receptionist has been known to falsely inform the Public there is NO Pakter Hearing scheduled.

Do Not Leave. Demand to speak to an Official.

*************************************

David Pakter Has Advice for Whistle Blowers

After the Lehman HS whistle blower blow-up a few weeks ago (see links below), where teachers supposedly slipped proof of the principal tampering with grades, I was contacted by some of the Lehman whistle blowers for advice (and a lawyer.)

To know one's surprise, Tweed announced they would investigate the teachers who blew the whistle. They went to the press because they had notified Joel Klein last March and an investigation was supposedly begun, but they hadn't heard anything for 5 months and figured it went nowhere.

I think they seem to be in the clear, but I consulted with whistle blower supremo David Pakter.

He responded with this essay, posted at Under Assault, who also posted a photo of one of the plastic plants Pakter bought for the school, one of the charges against him in his endless 3020a hearings (which are wrapping up with two dates in December) after the DOE has spend an enormous amount of money trying to get rid of him. I was at the hearing when the school supervisors testified and they made the tree sound like a giant redwood. When Pakter told us he bought 3 of these at Home Dept and carried them to the school in a shopping bag, I fell off my chair.

It would have been much cheaper to just place Pakter in charge of putting together arts programs all over the city if they wanted him away from kids - you know, giving out $200 watches from a company you own to kids earning over 90 on their report cards is seditious., even though it dovetails perfectly with the market-based ed deformers.

Here is an excerpt:

So what else is new. Cheating went on in every school I ever taught in and at the High School where I taught for twenty five years, mark altering / "improving"/ "updating" - was raised to a virtual "art".

I wonder if Principals demand Kickbacks for all the gallons of "white-out" they order every June to ensure that their graduation totals will look even better and rosier than the previous year's stellar "improvement".

As for using a "Passing" Regents grade as an excuse to ignore a Failing Class Grade score- how the heck do you think they come up with those "regents scores".

At my former school, and I am sure many would not be surprised to learn, at 99 % of the NYC High Schools, all Regents Scores are referred to as a student's "Raw Regents Score". That is to say- the actual grade the student earned on the actual Regents Examination.

I have my own advice for whistle blowers. DON'T DO IT! Unless you have a crew of people with you. Expect to be more of a target yourself than the people you are blowing the whistle on. One area I disagree with Pakter's essay. That is his assumption it is the newer teachers who whistle blow. In my experience, it is the people with years in the system who have the understanding to know when to blow the whistle. It usually takes years to build up the anger and passion to be willing to risk your career.

Ed Notes Lehman stories
Education Notes Online: Lehman HS, School for

What Did Klein Know About

Lehman Story Gets Legs

Pakter Whacked Her

The David Pakter open 3020a hearings continues today and tomorrow and it's a show that is worth the price of admission. Open hearings are rare, so this may be a rare opportunity. It's all about giving out watches for achievement and buying plastic plants for the school. Serious matters that require 2 DOE (or more) lawyers. I'm sorry I can't make it tomorrow. And probably not Thursday either, but if someone does go send a report. I'm sure there will be other chances - right until the next century, most likely.

I wrote about a previous visit to Pakter hearing (David made them open to the public) at which the Principal of Fashion Industries HS, after telling just slightly distorted stories, suddenly realized upon cross examination that there was a transcript of a meeting with David and went rigid as she asked, "You mean he taped the meeting?" (June 3rd.) (Note to all teachers who have to meet with principals under weird conditions, get a flower with a mic. Check out these I Spy stores.)

I also commented here. And in more places on this blog.

I went back a few weeks later and heard the Assistant Principal testify about Pakter putting trees in front of the auditorium doors, thus blocking their access. He gave the impression they were giant redwoods. In fact, they were plastic plants David had carried over himself from Home Depot, a few blocks away. The plants kept shrinking as the AP testified. So did he.

I made a return visit July 23. I am sorry I missed the road trip the day before when the hearing officer Douglas Bantl -- a gentleman and nice guy who is being axed as a hearing officer after this case for being too fair -- and the lawyers all went up to Harlem to visit the rubber room.

You see, another serious charge is that Pakter refused to report to the RR because he said it was pointless to sit there and do nothing and the place was harmful to people's health. He didn't mind not getting paid and the DOE didn't mind not paying him. But they are still charging him with not reporting. I guess they really do want to pay people for doing nothing even if they don't want to be paid. But watch the NY Post scream about the awful waste and blame the UFT.

There was a new DOE lawyer who was barely familiar with the case. His name is Phil Oliveri. And there was another DOE lawyer named Wilson Sia with him. You see, it takes two lawyers to talk about watches and plastic plants.

I was only able to stay for the morning and there was one witness - a guidance counselor who testified he saw Pakter showing some watches to a student monitor in the main office while the counselor was heating up his lunch in the microwave.

He thought it odd but not enough to say anything to anyone, until a week later when at a guidance meeting chaired by AP Olivier Poor, who mentioned that some teacher had bought plants for the school. The GC spoke up asking if it was the same guy who was showing watches. Poor perked up and asked him about it.

Soon after Poor wrote an email to the principal Hilda Nieto that the GC has told her he saw Pakter selling watches to a school aide in the school store.

Poor poor. She made 3 errors of fact in one sentence. But the day before she testified that what she wrote was true. Unfortunately for her, when the GC was shown the email, he stuck by his original story that Pakter was just showing the watches to a student in the main office. "Did it seem he was trying to hide that he was doing it," asked NYSUT lawyer Chris Calergy? "No," said the GC.

Now we must remind you that one of the major charges against Pakter is that he was selling watches to the kids. Nada.

That these events took place in November 2006 and it's now -- hmmm, I think August 2009.

That all this time has passed is a sign of

a) dysfunction at the DOE

b)a willingness to spend whatever it takes and however how long to snuff Pakter, who is way past retirement and has ooodles of moolah with his watch company (skip the intro - if you dare) but is way too stubborn to give up.

I wish he'd show me some of them watches. But first I have to look for my high school report cards to prove I had a 90 average.

Damn, just checked and it came to 89.7 over my last 3 years at Thomas Jefferson HS in East NY Brooklyn from 1959-1962. Can I get marked on a curve like they seem to be doing today? Better yet, how about giving me some of that credit recovery stuff? I can fog a mirror with the best of them.

Related
South Bronx School had been tracking the Pakter case.

And NYC Rubber Room Reporter did a long piece back in December chronicling the case up to that point.

Out takes:
Follow up to this morning's post on my new suits.
I already got invited to a school but if they see another suit in any way related to the UFT they will get out the tar and feather. I guess its back to jeans. Anyone got a Bar Mitzvah to invite me to?

Rubber Room News: David Pakter's 3020a Hearing (Number 2)

Make sure to read David Pakter's essay over at Norm's Notes on his upcoming 3020a hearing - this is the hearing that can lead to a tenured teacher's firing. The kind of hearing being attacked by anti-tenure people who want to be able to fire people for things like not brushing their teeth.

3020-a trials always begin with a pre trial conference between the opposing lawyers and the Hearing Officer where technical matters are argued over such as the Demands for Discovery. Both sides state reasons for what they will and will not surrender into evidence etc. Lots of technical arguing over the specifics of the charges.

One of the charges is he brought in a large plant to decorate outside the auditorium without permission. Was it a Venus flytrap that ate kids? Or named Audrey?

David said in an email:

...the hearing officer was fairly amazed the DOE would pull something so insane as to make it a charge that the NEW YORK TEACHER ran a story on my case which the DOE claims embarrassed them if you can believe such insanity.

The story is at http://www.uft.org/news/teacher/top/axed/

In any case because the Hearing officer realized this case contains major Constitutional issues involving the Bill of Rights, especially the First Amendment, he said this case could last a very long time involving countless witnesses and therefore he does not want to even start the actual calling of sworn witnesses without holding several more private Pre-Hearing Conferences.

I believe it is the first 3020-a in the history of New York in which the DOE had the chutzpah and the unbounded Hubris to think they could defecate on a teacher's Constitutional Rights so openly and brazenly. It really is an amazing situation.The other charges are equally ludicrous of course.

David has asked for an open 3020a, which all people have a right to do, and we'll be posting the dates in case anyone wants to see the show. I hope to make a few of them myself and will report back.

More rubber room news:
Sorry, I can't say without getting some people in trouble. But I hear at least one bizarre story a week. Like the one about a teacher recognized as being excellent who is in the rubber room for having an altercation with a child - her own. Can a parent complain about the actions of a teacher when she herself is the teacher?

or - a child charges an extremely competent teacher (the entire staff has been horrified that this could happen to this long-time senior teacher with a great rep) with saying "you're an idiot" when the teacher really said "you didn't get it." So far, 4 months in the rubber room, the entire class that the teacher taught in total chaos as subs come and go. Why did the principal do it when it would have been so easy to believe the teacher's version? Senior teacher with a higher salary? Or just Another Leadership Academy Loon? (A-LAL?)

Oh, and has anyone seen that UFT Rubber Room SWAT (right) team around lately? If you spot them let us know.

The Candlelight Vigil

photo by Norm Scott

There's a long story about the candlelight vigil for Monday, Nov. 26 proposed by rubber room denizen David Pakter. His amazing statement (Flickering Flames, Burning Words), that I hope he gets to make at the PEP or on the steps of Tweed on Nov. 26, is posted at Norms Notes.

How Randi Weingarten came to support it, and her motivations for doing so, are for a later time. Suffice to say: just another attempt to derail and deflect any militancy and most important, keep any organizing that might end up turning against the leadership from occurring. But if you are a regular reader of this blog, you have been reading chapter and verse on the prime directive of the UFT/Unity Caucus leadership – hold onto power by any means and pay strict attention to every single threat no matter how minor. People who have spoken out tell me all the time just how much attention the top leadership pays to "little ole me." While flattered, they eventually come to see there is method in all this - kill 'em with kindness until they go away. The old four F mantra of teenage boys: Find 'em, Feel 'em, Fuck 'em, Forget 'em.

By the way, I took the photo at Gracie Mansion, a vigil that went nowhere, against Giuliani (remember him?) who was the most horrible mayor and the reason the UFT leaders were having such difficulty and just wait 'till he's out of office, yada, yada, yada.

Here is the email sent out by TAGNYC, who seem resistant to the Unity bull:

Teachers- CONTACT OTHER TEACHERS AND DEMAND THAT RANDI DO SOMETHING!

The UFT got us into this witch-hunting of teachers mess by accepting Bloomberg-Klein's description of the Union as weak- unable to fight back. Randi went along with the "Big Boys" and now the chickens are coming home to roost on her back- claws sharply extended. We gave away the store and now have to fight back without the contractual rights the Union had fought so hard to get- like protection of our job rights! The Union has accepted the myth that the TEACHERS ARE RESPONSIBLE FOR THE STATE OF THE INNER CITY EDUCATION SYSTEM. Randi's acceptance of this 50 year old lie is the cruelest cut of all. It is the teachers who have kept this system from imploding entirely- going back day after day to try to teach while society has closed its eyes to the problems that has made teaching so difficult. Randi- the "Big Boys" are finally owning up to the truth- they are bribing kids to learn. Now will you show the fighting spirit that you and 200 other UFTers had the nerve to travel to New Orleans to "teach" to that City's teachers' union.

ENOUGH and again ENOUGH!

RANDI, CALL OUT YOUR TEACHERS. NOT DURING THE SCHOOL DAY BUT AFTER SCHOOL. TAKE US TO THE BROOKLYN BRIDGE OR DOWN FIFTH AVENUE AT 5P.M. ON A BUSINESS DAY. DO SOMETHING RANDI. PICK YOUR 80,000 PLUS TEACHERS UP OFF THE FLOOR. GET THE BOOT OFF OF OUR NECKS. AND SHOW TEACHERS IN NEW ORLEANS THAT THE UFT DID NOT SELL THEM A CROCK OF _______.

Randi- You have to follow your own advice "Spit in the face of fear." Bloomberg and Klein do not have to be feared.

TAGNYC