Showing posts with label Francesco Portelos. Show all posts
Showing posts with label Francesco Portelos. Show all posts

Friday, January 15, 2016

Portelos - He's Just an Excitable Boy: Did MORE Tell New Action That Only MORE Can Choose the Presidential Candidate?

They [MORE] want democracy, but told New Action that only MORE can choose the presidential candidate. Now that's democracy.  ... Francesco Portelos, comment on a blog
I responded:
New Action proposed to MORE that the presidential candidate come from MORE subject to approval by New Action. New Action was invited to all meetings to discuss that choice.
Portelos sent me an email still claiming that MORE had dictated to New Action and mocking MORE's democracy.

Most intelligent people have learned to ignore emails from Portelos since any response may be parsed, edited and made public but I had been drinking too much wine, so I responded.

When Portelos engages in mistruths, distortions and outright lies they have been dubbed as a "Pulling a Porty." Most of the people in MORE and ICE ignore these misthruths, distortions and outright lies, which are bought wholesale by his supporters who feel he has no reason to tell lies. Until they get to know him better.

[Full disclosure: I was one of these people for years who believed what he was telling me. Until I saw the cracks and began to examine things in more detail.]

So, I finished my glass of wine and I sent the whining Porty an email informing him of the truth. I pointed out that New Action had been the ones to state that due to the higher MORE vote totals compared to New Action in the 2013 election that was a factor in their decision to give MORE the priority choice for president and would also decide that MORE gets to break any ties when there are odd numbers of candidates.

Portelos responded by disparaging the higher vote totals MORE received in the election as a factor and somehow raising that was not being democratic. In his world of democracy, if one caucus gets double or triple the number of votes it makes no difference. But hey, it was New Action that brought that factor up. If you polled people in ICE, MORE, New Action, TJC, etc, they would probably agree with New Action that MORE's significantly higher vote totals should be a factor. Watch the tune change if Solidarity should outpoll MORE in the election. Suddenly vote totals would matter. [I could write his press release now].


When faced with the truth that New Action had initiated the suggestion that the presidential candidate come from MORE's ranks, Portleos  delved into his fiction library: "That's not what New Action says."

At that point I didn't even bother to respond.

Portelos makes up fictional people when facing the truth.


Will the fictional New Action person stands up publicly and affirm what Portelos assert "That's not what New Action says?"If there is such a person, I say "no guts, no glory."

Jonathan Halabi, a leader of New Action actually did affirm that my response was correct.
Jonathan said on the same blog...
It's not necessary to make stuff up. Norm is correct. It was our (New Action's) proposal. [Norm Editorial: Of course it is necessary for Porty to make stuff up.]

We suggested that the slate be split evenly, but that the presidential candidate come from MORE's ranks, subject to approval by New Action's executive board, which is exactly what happened.

In fact, the first meeting didn't feel very much like a negotiation at all. We came to quick agreement on all major issues, and spent the remaining time chatting and discussing strategy, details, etc.

Here's the actual language on the composition of the slate:

3. Allocation of Slots
• The allocation of slots, in general should reflect both the relative strength of the caucuses, and the history and significance of the caucuses.
• The number of delegate slots is sufficient that both groups may supply as many delegate candidates as they wish; we are unlikely to run out of space.
• The number of officer, divisional and at-large slots should be divided evenly, except where there is an odd number (eg, 7 high school slots) the extra seat will be filled by MORE.
• The presidential candidate will come from MORE’s ranks, and be agreed to by both groups.
• In the case of other officer candidates, and the divisional executive board candidates, the groups will review each other’s choices and agree to the specific candidates. If there are specific objections, the groups will discuss. In all other cases the individual group may choose its candidates without consulting the other group.

Jonathan
Of course there has been no retraction from Solidarity Caucus or Portelos. One of Portelos' people told me he still believes that MORE forced New Action into its choice for president and in the world of Solidarity what Portelos believes, no matter how far-fetched, becomes reality.

After all, he's just an excitable boy.

*Message to Solidarity members:
Remind us once again why MORE, ICE, New Action, NYCORE, etc. should support this guy for President of the UFT.

Monday, February 23, 2015

NY Post Uses Story of Double-Dipping Principal Linda Hill to Take Shot at Farina While Leaving Bloomberg perpetrators off hook

Imagine if a teacher did what Linda Hill, who persecuted Francesco Portelos mercilessly, did --- double dipped and was caught red-handed! But just as important is the game the Post is playing here.

Read on!

Linda Hill channels Captain Queeg
I was at the hearing to hear Hill's bizarre - paranoid testimony against Portelos in which she accused him of racism and anti-semitism (she is black and Jewish). My hearing notes (below) have a bunch of references to her Captain Queeg moments where I expected her to start rolling steel balls. (SEE BOGART VIDEO: https://www.youtube.com/watch?v=-95QqBXLG2I#t=26)



If you read my unedited notes you will see some steel balls and Queeg references. She lied openly at times at the hearing -- which should have lead to her being brought up on charges on those issues alone. But none of the people who lie in their testimony against a teacher have anything to worry about when it comes to DOE legal. She claimed she had fear of Portelos -- his lawyer asked her if she did why didn't she ask for protection? Duh!

It's nice to see NY Post ed hitwoman Susan Edelman taking shots at principals instead of just teachers (http://nypost.com/2015/02/22/farina-principal-pal-gets-free-pass-after-ripping-off-taxpayers/). I remember Edelman doing a story on Portelos at the beginning of his troubles in March 2012 on the Sunday of our robotics tournament. Portelos was there as coach of his team and showed me the piece. I called Edelman up in outrage and told how come the Post wasn't taking a photo of him giving up his Sunday for the kids. She said she would send a photographer but never did.

Saturday, May 10, 2014

Portelos an ATR as DOE Violates Hearing Officer Mandate - Which is OK With UFT

For those of you who are voting YES on the contract and don't think things can be fixed if we send the negotiating committee back to the bargaining table -- how about all the loopholes and leavouts in our current - and future contract? I have a list - starting with curbing the unfettered power of principals.

Here is the irony that Francesco was the legal chapter leader of IS 49SI, the only bulwark for the staff against a bully principal - who is castigated in the arbitrator's report. So right after the decision basically exonerating him and ordering him to be put back in the classroom in his school, the DOE instigates another battle by removing the legally elected CL (the UFT will just sit by) and making him an ATR with a big target on his back.

As P put it -- they couldn't get him after over 800 days but now the UFT is agreeing to an ATR set-up deal that will allow them to get rid of him in 50 days.

How many principals are out there waiting to put P's pelt on their belt. Imagine how many ways they can create unprofessional behavior -- Portelos -- clean the lunchroom floor with a toothbrush.

Well, the good thing is that P has put everyone on notice - every single thing they pull will be out there for the world to read and yes, if they fool around we will make their names mud.

On the other hand, while P is fighting to get back to his old dysfunctional school (which might be the only sign I've seen of him being nuts) he will be able to traipse around many schools on Staten Island proving to every principal he is not only sane and rational, but an amazing resource -- and this will come back to bite them as their "insanity" campaign will be refuted. Any sane principal would fight to hire him -- but I don't think there are many sane ones around.

How many people have said they made a mistake voting for the 2005 contract?

Truly, here is what I hope -- that people who vote YES for this contract find themselves in this situation and come crying for help and find the UFT won't help. Truly, my response would be FUCK YOU!

FRANCESCO,
You are receiving this email because you are currently in the Absent Teacher Reserve. Included in this email is your school assignment for the upcoming week. You should report to the below location unless you are otherwise notified of an assignment change via atrassignment@schools.nyc.gov or by phone.
Timekeeping and Attendance
Your assignment school is responsible for your timekeeping during this period, so you should provide them with the required documentation pertaining to any absences. If you cannot report for any given day, please contact the school so that they can plan accordingly. If you do not report to your assigned school, you will be marked absent and your timekeeping will be updated.
Below is your official assignment for the period of 5/12/2014 to 5/16/2014.  Please report to the following school:
School InformationSchool: 31R004

School Name: P.S. 004 Maurice Wollin (R004)
Address1: 200 NEDRA LANE, Staten Island, NY 10312
School Phone: 718-984-1197
Contact Name (if applicable): NA
Reporting Instructions
If you have any questions regarding your assignment, please contact HR Connect at 718-935-4000.
Sincerely,
Teacher Hiring Support
NYC Department of Education

Francesco to the union:
Date: Fri, May 9, 2014 at 2:30 PM
Subject: My ATR Assignment
To: mmulgrew@uft.org, epietromonaco@uft.org, Sean Rotkowitz <srotkowitz@uft.org>, Debra Penny <dpenny@uft.org>, Leroy Barr <lbarr@uft.org>, Wendy Star <Wstar@nysutmail.org>, Christopher Callagy <ccallagy@nysutmail.org>, Claude Hersh <chersh@nysutmail.org>, Bryan Glass <bg@glasskrakower.com>


Adam,
    I know you are all busy with contact negotiations, but this needs attention as well. No grievances and all that year long battle to put me back to my original school. I don't want that route.
What I want is see written policy, that can be furnished, that shows the DOE can move me to ATR status after a decision like the one I received.
I was voted chapter leader after my removal.
I dodged three to four recall attempts.
We won an arbitration and supreme court confirmation.
The arbitrator noted my cordial and professional in person meeting the principal.
Please keep me in the loop of communication with the department.
Again...no grievance. PERB.

Francesco Portelos
Parent
Educator
IS 49 UFT Chapter Leader
educatorfightsback.org
Mrportelos.com

Thursday, May 8, 2014

Portelos Verdict - Despite Enormous DOE Assault and Expense....

Respondent’s admissions, conduct, demeanor and demonstrated commitment to education persuade me that, if given the chance, he can resume his career as a highly effective educator. Finally, the record is replete with evidence of Respondent’s exceptional teaching and abilities from the administration, colleagues, parents and students. After two years of reassignment, it is important that Respondent be returned to the classroom. ... Hearing Officer
We are gratified to report that Francesco Portelos has received his verdict and is still standing. Few would have predicted he would survive a massive assault by DOE Legal, which spent enormous sums to try to get him fired and walks away with a fine - which by the way is still outrageous. But I do get that the hearing officer had to give the DOE something if she wants to continue working. Given their zeal to terminate him, she still may be in danger -- and I will say, all of us found her to very fair and run an excellent ship over 23 days of hearings. I attended 12 days of the hearings and other MOREista retirees were there more often than I. I have 75 pages of notes but I guess they are no longer important.

Now we must help him fight to make sure the DOE follows the orders of the hearing officer and puts him back in his old school and not push him into the ATR pool where we now know that the new contract makes him extremely vulnerable with a big target on his back.

Here is his post:


New post on Educator Fights Back

DOE vs Portelos Termination Verdict Is In 826 Days After They Took Aim to Fire.

by Francesco Portelos
I want to say that I write this with overwhelming glee. I want to say that I write this while in a state of euphoria and with a Kool-Aid smile, but unfortunately I cannot.

Wednesday, March 12, 2014

Portelos Arrested and Released After 30 Hours in Holding Cell As Asst. DA Tosses Case

Note to DOE Legal: How do you spell D-I-S-B-A-R?
Ramifications of tactic of having teachers arrested for fighting back will be felt.

I can just imagine the judge getting as big a laugh as Francesco got as he snookered DOE Legal into taking an outrageous action against him by involving the NYCPD in what was clearly a joke posting that he hacked into the DOE payroll system and gave himself a raise claiming he hacked in using Dennis Walcott's logon using the password kittensRcute. (How to “Hack” the DOE Payroll Portal and Give Yourself a Raise).

That either sent the crack DOE tech team into a panic given they seem to think Portelos can control their computers using smoke and mirrors. Or the real panic may be DOE legal thinks it will lose the case and not get Portelos terminated, so they came up with this attempted scam, which P is adding to his federal lawsuit. The boy may own the DOE by the time he is finished, and maybe part of the NYPD.

At first I felt P had gone too far with his post, given that he was expecting a ruling on his case. I urged him to keep this stuff under wraps until his decision came through. But when he pointed out that a Louis Scarcella like detective was apparently working as an agent of DOE legal by going after teachers who defended themselves things began to fall into place.

Will Portelos end  up owning this apartment?
In another breaking development he just informed us that SCI has backed his claims that the DOE was lying when it claimed he used his computers at work for his real estate business, something we heard repeatedly from DOE Legal attorney Jordana Shenkman, hopefully soon to be disbarred.
SCI just released a statement indicating the real estate files were not found on my desktop but rather printed from the internet. http://bit.ly/1fqlESa

Here are some of his postings on Facebook.
Francesco ForEducation Portelos  
Thank you all for your concern and texts. Just got out of jail around 7pm. Was arrested Monday morning due to trumped up charges by the DOE lawyers and held for 33 hrs. Sleeping on cell floor and handcuffed was an experience. The DA dismissed all charges.
 
Thanks everyone. We are adding to Federal lawsuit. Break me? I was lying on the filthy floor smiling thinking what wall I will post the shields and law degrees of those involved. As I was finally called out to leave, cell mate gave me fist bumps and one yelled out. "Don't forget to write about us teach. Keep fighting."
There is a Panel for Educational Policy meeting at Prospect Hts HS Tuesday March 18 at 6PM. Maybe call on Farina to wipe out DOE Legal and start all over again so they can go after teachers who should not be in the classroom, instead of whistle blowers.

Sunday, March 2, 2014

Portelos on SCI Lies

If you had sat through the 23 day3020a trial and listened to the evidence, there were many "break out laughing" moments at the farce the DOE was engaging in. But more of that another time.

Many people who have dealt with the office of the Special Commissioner of Investigations (SCI), which goes after school employees, don't believe there are
honest brokers there.

SCI is not the same as OSI, the internal DOE investigations unit, also not a clean organization (one day I'll tell you of my only brush with them back in the early 90s). Dirty detective Louis Scarcella even worked at OSI for a spell.

Francesco Portelos has gotten to know many of the people working at SCI (and OSI) through their endless investigations of him. Here he does an 8-part series delving into the details of their often bogus investigation.

Here are links to his report. They are detailed accounts, ie. of how he disconnected the wires and shut everything off in his computer room for the midwinter break 2 years ago, only to find his computer plugged in and turned on the day he returned. Or stuff that appeared on his computer AFTER they confiscated it.
When I contacted SCI on January 26, 2012, I did not have negative items in my file. A few days later I started having disciplinary letters and investigations started on me. SCI did not take my allegation of financial misconduct. When I met with UFT reps and I told them of my complaint, their words were “Oh crap…they are going to have the whole terrorist hit squad coming for you!” I didn’t know what they meant, but I know now and so should you.
This is what I have found during my journey:
Part 1: The Special Commissioner of Investigation’s Hand is in the Pocket of the Chancellor?
Part 2: A Tale of Two Videos
Part 3: Principal, Playboy and NY Post…Oh My!
Part 4: $ubpoena with a Capital $
Part 5: Faulty Investigations
Part 6: Making It Rain
Part 7: Using 7yr Old Vista to Monitor Portelos
Part 8: Planting Files and Confiscating Computers
You are mandated to report, but contact SCI with extreme caution and follow the Educator Survival Guide

Thursday, January 30, 2014

Portelos Update, Farina Visits His School Today as He Undergoes Cross Examination Across From Tweed

Termination for what?...blowing the whistle on corruption at the school she is visiting. I hope she is aware and helps address the issues that have plagued my neighborhood school.... Francesco Portelos
Today is another day of cross examination. Instead of going to IS 49 Farina should stop and watch this farcical waste of money as DOE Legal's Jordanna Shenkman flails around trying to find chinks in Portelos' armor. Farina would learn much more about IS 49 if she walked across the street from Tweed and sat in on these hearings.

My bad back that I hurt when I fell on the ice 3 weeks ago healed and I finally managed to get back to the hearings on Tuesday. I missed most of his testimony and some of the cross examination. Tuesday had a number of almost laugh out loud moments watching Jordanna incompetently try to frame questions meant to catch Portelos in a lie. She badgered him over whether he used the word alleged when he wrote about people under investigation and when he tried to say he used allegedly she said "I asked you Yes or No -- did you use alleged"? I had to cover my mouth.

She has no interest in truth or what really happened. I know people think the prosecutor is supposed to do that but this is not about trying to put someone away for murder. She is just trying to play "gotcha." And not succeeding. At times she is coy -- purposely not showing Portelos a document to refresh his memory, hoping to catch him in a lie.

Some of her ridiculous questions need some explanation because there is not a simple answer. "Please instruct the witness to answer my question" or "witness is non-responsive" she whines to the hearing officer continuously.

Here is his most recent email:
 
Principal just sent an email out that Chancellor Fariña will be visiting my school tomorrow. I sent the chancellor and mayor an email the other day about issues. I wonder if it is related. Maybe not, however I will not be there as I will be across the street from her office being cross examined for the 4th day and present at the 19th day of my termination hearing. Termination for what?...blowing the whistle on corruption at the school she is visiting. I hope she is aware and helps address the issues that have plagued my neighborhood school.

Francesco Portelos
Parent
Educator
IS 49 UFT Chapter Leader
Here are some notes some of my MORE colleagues took when I was not able to attend.

I haven't been able to attend the hearings over the past few weeks - I was hoping to go today but have to drive a friend to the doctor. But here are some comments - anonymous -- and also some commentary from some MOREistas who did attend.

3 Anonymous comments on your post "Francesco Portelos: Teacher Under Assault by Princ...":

I was a member of SLT at IS49 as the title 1 rep. If Ms. Hill didn't like my questions and didn't want to answer them, she would act like a 12yr old and say, "you know ms. wright, i'm really trying to get along with you." if she made a face or disliked any of my questions then she had her puppets chime in and attack me with negative comments and discouraging me from asking or speaking my mind. she demanded 1500 dollars from the title 1 money ASAP. I told her I needed to speak with higher ups and she quoted me again with, u know ms. wright, i'm really trying to get a long with you. and asking me who do I need to speak with and when will I get back to her. I told her Tuesday, which was two days later and she huffed and puffed like she was going to blow me down. when saturday rolled around she sent me an email telling me to disregard her request.



I was the title 1 rep and when I asked a question at the PTA meeting about the safe room, I was told at an executive meeting that was set up to intimidate me from asking negative questions in front of parents. I was told by sherina peterkins the so called president of the PTA and the so called leader in charge, Ms. Hill, that I am to stop whatever I am doing and ask ms. hill these questions in her office. that if my question is personal that I am to go to the principal in private. you stupid clowns, my son goes to your school and everything that happened or happens in this school is personal to me. I told them whatever. that if I want to ask a question I will ask it at the PTA.


I was harassed by ms. hill's security officers. she had only two black females escorting me around like I was a criminal. everyone else walked in that school with no escorts except me. I called mike riley to complain. it stopped for 2 weeks and started up again. this was all because ms. hill didn't like that I was asking a lot of questions about the budget, the title 1 funds, questioning the CFN and just asking positive questions about the kids' welfare when it came to education. as a title 1 rep I was treated like shit. but I didn't care because I knew that heifer couldn fire me. one time even one of the officers interpreted for me in English back to English. go figure. I have a lot of stories about this piece of shit school

Friday, December 20, 2013

Portelos Update: A Para for the Defense, Part 2

The story below is a warning to anyone who might think that taxpayer supported DOE Legal has any interest in the truth.

Part 1 is here: Portelos Update: A Para for the Defense, DOE Pulls Race Card, Theresa Europe Sits in to Intimidate Hearing Officer


PORTELOS HEARING DEC. 18, 2013

CROSS EXAMINATION by DOE Legal Jordana Shenkman –

JS: U heard rumors of Apr 2011 meeting P brought up safety concerns – u weren’t there to hear who brought what up and based on hearsay –U didn’t hear admin response – CS: “they don’t talk to us”
JS: U don’t say hello to Hill – 
CS: she doesn’t say hello to us. Majority of tchrs said – she didn’t --- I took it personal – but told to get used to it.
None of admin said hello to most teachers – I stopped taking it personal

JS: you say people at schl afraid of Admin – are u aware of people afraid of P? 
CS: NOT ONE.
JS: You say safety not being addressed at school – 
CS: I KNOW IT.
JS: That didn’t stop u from sneaking in 2 strange men thru back door not through schl security?
OBJ from Chris Callegy: – You don’t get to make things up. No foundation for your question. 
Now you have to follow the bouncing ball of Shenkman's outrageous (and embarrassing - to her) question about 2 strange men sneaking through security. Shenkman made a big point that they did not sign in - making it look like a criminal act. And also Shenkman's attempt to make it appear CS was disciplined for doing so. The real story came out under Chris C's cross. I'll paraphrase.

CS had bought a small refrigerator for the office she shared and brought her husband and his friend to the school to take it down to his car. [CS was leaving the school permanently and it was the end of the school year.] He drove up to the front of the school but the custodian told him to drive to the loading dock where the door would be open which it was. As they walked two of the AP'S were there and saw them and said nothing. CS took them to security where the guard did not have passes handy and also said she knows CS' husband so she waved them through without signing in.

Principal Linda Hill, vindictive in every way, got in touch CS' district 75 principal who had to take his valuable time to look at the video tape and then told CS not to go back to the school again for the final few days.

She was never disciplined in any way.

The story above is a warning to anyone who might think that taxpayer supported DOE Legal has any interest in the truth.


Portelos Update: A Para for the Defense, DOE Pulls Race Card, Theresa Europe Sits in to Intimidate Hearing Officer

There was only fear of the administration. YES everyone is in fear of them, not Portelos. .. former Para, IS 49SI.
According to Shenkman, a para - with a high school education - and a parent with 5 kids of her own - is not qualified to make a judgement as to whether someone is a good teacher. What arrogance and elitism. ... Report from Portelos hearing, Dec. 18
I finally was able to attend the 14th day of the Portelos 3020a hearing after missing the last few. Today there will be another and more after the holidays. For DOE lawyers and subsidiaries: ka-ching - At the afternoon session there were 4 DOE lawyers taking part, including Slug in Chief, Theresa Europe, who was there to make sure DOE Legal Slugette, Jordana Shenkman, pulled the race card with vigor (she did). But that was in the afternoon.

I'll do a follow-up about the afternoon testimony where we watched in amusement (and horror) as DOE legal beagle Shenkman pulled the race card on a Portello witness, as they had previously tried to do on Portelos himself - (also pulling the anti-semitic card on him). Shenkman should never be allowed into a China shop.

One thing is clear from these hearings: The absolute incompetence of IS 49 SI principal Linda Hill who everyone at the DOE seems to know is incompetent but is being protected by assaulting Portelos, who once he came under attack struck back with a vengeance. It is that vengeance he is being charged with while they try to bury the attack on him. I'll get more into the weeds in future posts.

A Para for the Defense

First to the morning testimony of a very strong witness for Portelos, a District 75 para (initials CS) at IS 49 who has since transferred to another school, who stood up to every attempt by Shenkman to break her, including an attempt so clumsy we had to hold our sides to keep from laughing out loud.

CS was a management para who followed the children she worked with from class to class through the day (except gym).

On Portelos as a teacher
Worked with him every year. Judgement of him as a teacher – very impressed – always put nice spin on teaching – kids very attentive. He gave Dist. 75 kids extra attention – especially one child with extreme difficulties. The kids were always orderly and listened to him.
Colleague to colleague he was very easy to work with – he once did rocket ships in school yard and included me, making me feel very much part of the lesson.
CC: Was it remarkable to be included by a teacher? CS: Yes [P was different from other teachers in the way he treated paras as equals.]
Shenkman OBJECTIONS and Cross Examination on this point alone:
 - anything you saw a first yr probat tchr do is not relevant (referring to how he treated one special ed child years ago when P was a new teacher). Then this from Shenkman:
JS: Not part of your resp to observe or eval tchrs.
CS: No.
JS: What is your ed degree?
CS: None. HS diploma.
JS: Was it your job to pay attention to special needs students – your job to stay focused on them – get them started with work – [meaning she couldn't know what kind of teacher P was if she was focusing on her job]
CS: I always instructed to help all public school children not just mine.
JS: You saw P one per a day – 8 periods – for 7 per follow assigned student – you didn’t see P teach other 7 periods.

According to Shenkman, a para - with a high school education - and a CS is also a parent with 5 kids of her own - is not qualified to make a judgement as to whether someone is a good teacher. What arrogance and elitism.

Note to Jordana Shenkman: Paraprofessionals are education professionals with the ability to make a judgement as to what good teaching is.

Jordana Shenkman with less qualifications to judge a teacher's competency than CS feels perfectly free to judge Portelos as not competent to teach (as she tried to prove by calling a network curriculum support person who was sent in to do a hit job).


How principal Linda Hill treated the staff
This testimony was so strong on how Linda Hill has run IS 49. (When the hearing is over we will print the transcripts). If a teacher said good morning Hill would not respond. "It was that way from the day I set foot in the school. At first I though it was personal but I was told she treats everyone that way so get over it."
We needed help – kids hitting teachers, wallet stolen –and we can’t report it - teachers crying – fear – always the principal against us – I worked in other schools – administration and teachers always worked together.
When there was a problem did you speak to Hill?
"She was unapproachable – she locked herself in her office all day."
On Portelos as a colleague
Shenkman: Are you aware of people having nervous breakdowns over fear of P or crying in hall? People filing police reports for fear of P? 

CS: NO.

JS: You weren’t aware in fear of P stalking or following them? 

CS: There was only fear of the administration. YES everyone is in fear of them not Portelos.
On the April 2011 meeting where Portelos first spoke up about the safety issue:
CS: I wasn't at the meeting but the school was buzzing.
Did u hear what P did? He stood up and said things about security and safety of building? I said to him you are so young and naive – I knew there would be retaliation.
P told me – what do u mean? I spoke the truth.
But you opened can of worms – everyone should be backing you. I was very concerned he was going to be a target. He led everyone to be able to say something.
This was April 2011, 6 months before things began to blow up. And when they did in January 2012,
CS: I spoke to R(another para) – this is all because P spoke up at that (April 2011) meeting.
There's more to this testimony where Shenkman made an outrageous attempt to discredit CS, an attempt crude and truly disgusting. And how her D. 75 admins backed her all the way. Best to do that in a separate post.

And then there is the afternoon disgusting stuff where the hearing officer, maybe hoping to impress Theresa Europe, made an outrageous decision to allow a racist neo-Nazi publication that intentionally misquoted a Portelos witness into official evidence. Portelos lawyer Chris Callegy is usually a cool customer but in this case he was livid.

READ Portelos' latest post on his blog (he is gagged from commenting on the hearings until they end):

DOE’s Digital Duct Tape

Saturday, November 30, 2013

Updated: Ruling on Portelos Right to Attend SLT Meetings as Chapter Leader

Jeff Kaufman reports another nail in the rights of the union at EdLawFaqs blog. 

This ruling impacts on the rights of the teachers to have an effective chapter leader. The fact that Portelos has to hold meetings through Skype and by standing in front of the school should be challenged by the UFT. I think that may be a separate issue.

This ruling says: [T]he law is well settled that the courts may not overturn the decision of an administrative agency which has a rational basis and was not arbitrary and capricious.

But what if the decision to remove Portelos from the school WAS "arbitrary and capricious," something not yet decided? That is the essence of the Portelos defense.




Portelos did have a court win recently as chronicled on his blog: http://protectportelos.org/breaking-news-supreme-court-judge-confirms-portelos-uft-arbitration-win/ where the DOE  legal has refused to recognize him as the elected CL and when the arbitrator ruled in his favor they did not honor that, forcing him to go to court. How is that ruling affected by this one?

 
Here is Jeff's summary and a link to his blog.

Can a Chapter Leader, excluded from his school pending disciplinary charges, be prevented from attending School Leadership Team meetings?

Yes. Francesco Portelos, the duly elected Chapter Leader at IS 49 in Staten Island, was reassigned pending a SCI investigation and, by letter, notified that he was not to return to IS 49 without prior written permission and that any school activities he had participated in would remain suspended until the resolution of the matter.

As Chapter Leader Portelos is a mandated member of the School Leadership Team and commenced an Article 78 proceeding to challenge his exclusion from the Team. Justice Cynthia Kern initially ruled that the petition was time-barred since it was filed almost one year after he was excluded from the meetings.

Kern ruled that even if the petition was timely she would denied the relief requested because DOE’s policy of exclusion was rational and in accordance with its policies and procedures. Chancellor’s Regulation A-655 provides that mandatory members attend the meetings the regulation “does not confer a right upon such member if they are prohibited from entering the school or participating in school activities due to administrative reassignment and/or pending charges of misconduct.”

Portelos also argued that the school violated the Open Meetings Law, POL Section 103 by excluding him. Kern ruled that School Leadership Teams were advisory in nature and not subject to the Open Meetings Law.
Read the case here:  Portelos v. NYCDOE

This ruling has no effect on the current hearing to fire him  - there are 2 dates scheduled this week and I'll try to get to an in-depth update on the Portelos hearing.

Here's the point -- even if he wins on every single charge, the DOE STILL claims the right to ban him permanently from his school and turn him into an ATR. The UFT doesn't even fight these decisions, saying that if a 3020a is won by the teacher, all the DOE has to do is give than a job not their old job back (Christine Rubino after a two-year suspension without pay is sitting in an office). And if that job is washing the floors with a toothbrush, that is probably OK too.

The courts are basically stacked against us even if a teacher wins once in a while, which is why when people press for spending lots of dough on high-priced lawyers, I urge caution. The way to stop this is to take a weak-kneed union and turn it into a tiger. And that means organizing people into a potent force inside the union.

Sermon of the day over.

Monday, November 18, 2013

Portelos Update: Supreme Court Rules Against DOE Refusal to Recognize Him as Chapter Leader

New York State United Teachers (NYSUT) filed a Motion to Confirm the arbitration. Today we just found that Supreme Court Judge Joan B. Lobis confirmed the arbitration award. The DOE lawyers will have a chance to appeal and most likely they will try....
This win should set precedent for all targeted chapter leaders. If someone thinks they can attack a chapter leader and wrongly accuse them so they are removed, they should now think again. Sending them to the Rubber Room (that doesn’t exist) will not prevent them from acting as such… Francesco Portelos
The DOE Legal breaks new ground every day in the Portelos case. Like their claim they can overturn the election of a chapter leader. First they refuse to recognize his election. He files grievances. He loses because the DOE controls these rulings. The UFT takes the case to arbitration. The arbitrator rules in his favor.

See: June 6 2013 -Big Arbitration Win for School Community IGNORED BY DOE

The DOE refuses to accept an arbitrator's decision? Isn't that what Campbell Brown is calling on them to do? And they can do it? Exactly when do they get punished for this behavior? How about a massive fine? What is the point of going through step after step and having the legal decisions ignored?

Next it is off to Supreme Court where today he won -- again. And they can still appeal? And spend taxpayer money doing it? WHERE IS THE PRESS?

But here is the best part for me. The school has safety violations - a good chapter leader is often the agent charged with making the school safe and the DOE doesn't worry about issues like the safety of the children when they are on their witch hunts.
Even before I took office I was raising legitimate concerns at IS 49. Once I became chapter leader, I at least had the UFT/DOE contract to back me. However, the DOE refused to adhere to our contract. I filed many grievances last year. They were denied by Principal Linda Hill and Office of Labor Relations reps (aka David Brodsky esq.)
But nothing stops Portelos. Last Friday was a hearing date. Before the hearing here is what he did:
Last Friday I held a UFT meeting at my school using Skype video calling and a projector. With this win, I should be able to function like all other Chapter Leaders and not need to do that again.
 I wouldn't bet on it yet even with a court victory. Even if he wins his case they will violate basic rights and won't put him back in his school but make him an ATR. How the hell can they get away with that? DOE Legal are a bunch of crooks and violators of the law. They should be disbarred.

Here is his blog post today.

Thursday, November 14, 2013

Portelos Hearing Update: DOE Legal Chilling Attempt to Suppress Teachers Who Fight Back Publicly

Callagy said the DOE claim will have a chilling effect on teacher rights to go to court to defend themselves. With an air of disgust he then dismissed the witness.
TODAY
Yesterday we heard two anti-Portelos witnesses, both teachers at the school, as DOE legal attempts to paint Portelos' attempts to fightback as "undermining" and "creating a bad tone" in the school and place all blame on him. The very idea that Portelos was responding to an assault is off the table to the DOE.

We heard testimony from two members of the anti-Portelos pro-principal Linda Hill wing about how "together" the staff was BEFORE the attack on Portelos by the school administration and how the school is now divided into 2 camps. Blame is heaped on Portelos for taking strong actions to defend himself.

Of course when Francesco gets to present his case there will be loads of teachers coming forth to present his side.

Many of the 38 charges against Portelos are related to the way he defended himself (though they are trying to trump up some bullshit using the network curriculum specialist as a foil that he was not really a good teacher). But I was still stunned to hear DOE  lead lawyer Jordana Shenkman basically claim that teachers could be terminated for defending themselves.

This was made clear when even NYSUT lawyer supreme, Chris Callagy, expressed surprise when Shenkman objected to his attempt to use the DOE witness' deposition in Portelos' federal case to demonstrate serious discrepancies in her testimony (see below for an example).

Shenkman claimed that Portelos' federal lawsuit and the testimony therein had no relevance in this case. And in fact the DOE is trying to claim Portelos should be fired because actions such as the Portelos blog and the federal lawsuit were disruptive to the tone of the school. Truly 1984 double think territory.

Chris was demonstrating how blatantly the witness lied and claimed loss of memory in yesterday's testimony (MOREistas Paul Hogan, David Dobosz and I just kept looking at each other in disbelief). In any court if a witness' testimony at different times shows blatant discrepancies, that is called lying. (Will the DOE bring the witness up on charges for lying under oath?)

Callagy said the DOE claim will have a chilling effect on teacher rights to go to court to defend themselves. With an air of disgust he then dismissed the witness.

Afterburn:
One of the letters in Portelos' file was the claim he called this witness a "fuck" during a heated argument (which he denies). "Unprofessional behavior" of some kind is the charge. The witness was supported by the then chapter leader (who is due to testify tomorrow.)  

But oops. Portelos recorded the event: Portelos denies ever using the term and can prove it since he recorded it.

But the tape sure caught the witness red-handed.
 
Paraphrasing Callagy: During your deposition in the case brought by Portelos you admitted that before P used foul language you called him a fuck'n idiot. You also called him a piece of shit and fuck'n nasty?

Somehow this info was not reported to the principal, Linda Hill. Or it was and irrelevant given the attempt to railroad a teacher for daring to raise questions.

And how about DOE Legal which will go after a teacher for calling another a fuck in response to a verbal assault but then uses the very perpetrator against him?

One of the major calls for changes at Tweed should be the elimination of the criminals at DOE Legal. Sure we want to get rid of bad teachers but let's have rational people in charge who will not go on witch hunts.


Thursday, November 7, 2013

Portelos Hearing Continues Today/ Don't Tread on Educators Forum Next Week

I'm just running out to make the hearing and also want to alert everyone to the event Francesco is putting together next Thursday at 6PM in Elmhurst.

While I am agreeing to not report details of the testimony at the hearing I will still blog about the atmosphere, who is in the room, who is testifying and any idiot things the DOE lawyers do. One of the major demands we need to make on de Blasio is to take a good hard look at these bunch of crooks and how they are perfectly willing to fabricate cases to justify their existence. They should be disbarred.
=======

“Don’t Tread on Educators” Open Forum Nov. 14

I know this site is called Protect Portelos, but I have to admit that I hate the name. I was naive when I created it and back in March 2012, I thought I was the only one under attack. Almost every night I get calls and emails from educators around the city and country who are under attack. The ones who aren’t have to wake up and realize that they are also targeted. Maybe it’s not in the form of a harassing administrator, but all this extra paperwork, testing, testing and paperwork is nothing more than a strategic obstacle. There is an attack on public education and who best to hit the hardest than the men and women on the front line…educators.

This site should be called www.Protect[Insert Your Name Here].com, but that would be a silly domain name. Instead I bought educatorfightsback.org and had it forward to protectportelos.org. I could fully change it, but that would cause a hole slew of issues with broken site links. I’m in the process of getting terminated so I don’t have that much time. In case you can’t remember thos domain names, you can also use www.RichardCandia.com. That one I bought in honor of my former UFT Chapter Leader Dr. Richard Candia. Not the guy who turned on me and his colleauges, but rather the guy I knew before that.

“Don’t Tread on Educators” Event
I rented out a hall and I am having a forum for all those educators who are feeling oppressed and want to defend themselves. I left the environmental field in 2007 thinking I was going into one of the most noble of professions. Education. The thought of having the responsibility of transferring knowledge from my brain to that of a younger generation filled me with fire. It still does. Don’t let anyone take that way from you. Don’t let them tread on you. You are not alone.

The time is now. I’m not waiting for 12.31.13 for when Mayor Bloomberg leaves office. The future is unknown and this issue is national, if not international (See teacher strikes in Greece and Mexico).  A new mayor may or may not fix this modern day witch hunt.

This forum is way overdue. Please share and join us. I welcome additional endorsements. There will be no sign in sheet and you can attend anonymously. I will share what I learned from being in the trenches, but the conversation will not be one sided. Bring your cell phone as we will use www.polleverywhere.com for continuous feedback throughout the event. (No your number will not be traced. Relax.)

Facebook Event Page (Currently this Facebook version is by invite only so as not to publicize names of attendees. FB Message me at MrPortelos Portelos)

DOE Anti-Workplace Bullying
DOE Anti-Workplace Bullying
There is also an email support group started on Google Groups. Send a blank email message to Don’T Tread on Educators dtoe+subscribe@googlegroups.com to join.

PS: Principal Hill, Superintendent Claudio, lawyers et al, when I said “You Woke a Sleeping Giant” 21 months ago…this is what I meant.

Monday, September 30, 2013

Sept. 30: Portelos Hearing, Protest Eva Invasion of Seth Low, High Stakes Test Forum at PS 51K

Oy! On a beautiful day that I would love to be spending in my backyard contemplating my little garden construction project that has become my obsession (contemplate, not do actual work on it -- but look for a photo soon to show where I am at with it) I am about to leave for the Portelos hearing -- where I hear the slimy investigators will testify. I know Portelos did talk to them and no matter how innocent you think you are they will twist any word out of place and use it against you. This should be a good lesson for all of us to pass on about how to deal with OSI. My instinct is to refuse to say anything. Let them gather evidence -- you will have your day at the hearing. Of course people talk to them hoping they will hear your side and there won't be a hearing. Looking at the evidence, they are not interested in your side -- the interview is to catch you. But maybe I am wrong -- check with lawyers.

As I've been reporting, we are not telling details -- you can check the charges at Protect Portelos -- but so far all I hear is nonsense from the DOE -- without much to go on they are trying to paint Portelos as a terrorist -- someone to fear -- like the principal and staff are afraid of him -- taking some of the words of anger he used when he came under attack out of context. The DOE lawyer was already whining that some are intimidated by him and won't testify against him. As NYSUT lawyer Chris Callegy said -- "If I had a nickel for every person intimidated by the DOE...."

Callegy keeps pointing out that if these people in his school were upset at him they wouldn't elect him as chapter leader. Let's see how many of these people actually testify against him. Given the actions of the principal towards Portelos supporters there is much more fear of her than of him. Here's my report from last Monday's hearing. Portelos Hearing: DOE Legal Invalidates Chapter Le...
I expect other retiree MOREistas to attend.

STOP THE CHARTER SCHOOL INVASION THREATENING DISTR... I have to leave the hearing about 4:30 to get to the 5:30 rally at Seth Low at 99 Ave. P (near West 9th St in Brooklyn) where Eva is invading. Say what? This is white Bensonhurst. The border of District 20 and 21. A charter there? Well you know the Eva drill. Poor kids of color are passe. She need to build her political machine in all parts of the city to fuel her mayoral ambitions. There is a hearing at 6 and I will stay for a while. Click the link above for more info. (I will take some footage).

MORE/Change the Stakes Jia Lee and Fred Smith on P...
But then I have to get over to PS 51 at 350 5th Ave in Park Slope for the CEC 15 sponsored High Stakes Testing forum where our pals Leonie Haimson, Jia Lee and Fred Smith will be on the same panel with Shael Polokow-Suransky. I will tape if I can.

I don't expect to get home until 10PM or later. And I will be very hungry. Can someone email me a chicken parm hero?


Wednesday, September 25, 2013

Portelos Hearing: DOE Legal Invalidates Chapter Leader Election at IS 49SI

Imagine a union allowing the employer to invalidate an election for building rep and remaining mute.  

Multiple contract violations involved in principal's refusal to meet w. elected CL on a regular basis, consult committee, etc. Not that they ( union bureaucracy)  care.... observer at Portelos hearing
How absurd. They've had 500 +days to investigate him and they are just *now* "checking" his "in-laws' wi-fi"? WHILE the hearing is underway?  And for what purpose? Are his in-laws Julius and Ethel Rosenberg? Are they looking for H-bomb diagrams? WTF ! Last week that investigators were there... or at his *own* parents' house ....  THE NIGHT BEFORE THE OPENING HEARING. They were talking to HIS CHILDREN. I was appalled..... observer
I am adhering to a non-mandatory request from the hearing officer not to go into the details of the charges and the hearing. But what follows occurred before the hearing formally resumed on Monday (Sept. 23) with an objection from the DOE attorney – there were 2 of them plus an assistant -- when will the press begin to question the astronomical cost of this case where not one negative word about how this teacher taught children is mentioned?

The DOE lawyer,  Jordana Shankman, objected to Portelos standing outside the school from which he has been banned since April 26, 2012 and claimed he was doing it to intimidate witnesses. The fact that he might have been there as a way to address issues that some staff members might want to raise with their chapter leader lead to the bizarre DOE claim that he was not the chapter leader.

We were all shocked to learn that IS 49SI principal Linda Hill's refusal to recognize Francesco Portelos as the duly elected chapter leader was ordered by DOE legal.

In other words, the DOE has interjected itself into a chapter election by unilaterally declaring the election for chapter leader as null and void. When questoned by NYSUT lawyer Chris Callagy, Principal Hill said it wasn't she who made the decision not to deal with Portelos but the order was issued by DOE legal. Later on in the hearing, the DOE attorney made a point of reiterating this. Callegy managed to get Hill to confirm that the Staten Island UFT maintained that Portelos was still the elected chapter leader.

DOE lawyer Jordana Shankman also outrageously asserted that Portelos had no right to be in front of his school even on his own time and that he should be in the "place he was assigned."

In the meantime, since last year, the principal's cronies have initiated 3 failed attempts to recall Portelos.

My question to the UFT is: What will you do about it when the DOE, looking to paint a teacher as dangerous and threatening to a staff as grounds for dismissal must suffer the inconvenient truth that said staff elected this "threat" as their union rep and then the DOE declares that he is not their union rep as a way to make their case?

In fact it is hard to decide who to be more pissed off at: the DOE or the UFT for standing by while this farce continues. Imagine a union allowing the employer to invalidate an election and remaining mute. Wouldn't one expect the Staten Island UFT borough office to take a strong stand here? To consistently affirm that Portelos is the official school chapter leader? To go into the school and address the principal's attempts to foment recall votes? To join Portelos in holding meetings outside the school grounds to show support instead of letting him stand there alone and be accused by the DOE of acting like a terrorist while trying to serve the people who elected him?

In fact, information sometimes filters out of the UFT inner sanctum that UFT officialdom would be perfectly happy to see Portelos be found guilty and just go away. I'll leave the "why" to speculators.
 
There were 4 MORE retirees at the hearing. The next hearing date will be Monday, Sept. 30, 10AM.

Afterburn
Principal Hill testified how she consulted with DOE legal, network legal, her union's legal and goodness knows how many "legals"? The major "educational" innovation of Joel Klein has been the number of lawyers he added to the payroll.
Imagine the costs of this attempt to get rid of Portelos.

Monday, September 23, 2013

Today: Back to Portelos Hearing

It is game 2 of the Portelos vs the DOE et al and we expect some retiree MOREs to be there. We agreed not to reveal details until the case is over but we can write generally about the hearing. Transcripts are available which I assume can be published one day.

See my reports from the last session.
And Protect Portelos

Friday, September 13, 2013

Portelos Hearing: NY Post Reporter Reuven Fenton Commits Journalistic Malpractice

Yes, Reuven, the staff of IS 49 was so intimidated, threatened, manipulated, demoralized, and polarized that they elected Portelos chapter leader. Twice. While he was in the rubber room.
Re-Edited

NY Post hack reporter Reuven Frank, right, with NY Post Photog
I know some people are anxious to find out about Day 1 of the Portelos 3020 hearing yesterday.

But you won't find anything accurate in Reuven Fenton's laugh out loud hack job in today's NY Post.

When I arrived at the hearing around 10:45 I noticed a photographer, whose name I didn't get, lurking outside the building and heard the security guards talking about him. I knew immediately from his demeanor he was connected to the NY Post. I got the pic above during the lunch hour. Do you know why the Post is going broke? They send a photog to spend hours outside a hearing waiting to get a picture that would make their victim look menacing. (I bet a smiling Portelos would never appear in The Post.)

If you want to see the real Portelos, watch this video I shot of him speaking to and charming a packed room of a 100 people at a MORE event last February (his segment starts at 21:35 but you would do well to watch Harris Lirtzman's opening segment too).

https://vimeo.com/60555824



Exactly what hearing did Reuven Fenton attend? It wasn't the same one I and at least 2 other MOREista retirees attended. (I will get statements from them for our future reporting which will expose Fenton for his biased "reporting".) There also was a reporter for the morning session from I think Gotham who has not reported yet. (I also had to leave after the morning session but David Dobosz came back to cover the afternoon session.)

I want to point out that all parties had agreed not to publish any of the details of the hearing and we are going to adhere to that agreement so as not to throw any monkey wrenches into the work of Chris Callagy, Portelos' NYSUT appointed lawyer, who I've seen in action in the David Pakter and the Pat Dawson cases. There is no one I have more confidence in as a lawyer, so despite the vendetta against Portelos he has a puncher's chance with Chris Callagy in his corner.

The hearing officer will be the key of course. She seemed very pleasant - on the surface - but that makes no difference. I am convinced that no matter what the evidence presented on both sides, hearing officers often base their judgement on the believability and likeability of the accused.

Let me get to the crux of Reuven Fenton's journalistic malpractice (and I would warn any teachers out there who he seeks info from to boycott him).

I know reporters don't write headlines so let's put the blame on Post editorial for this one: More mischief from ‘rubber room’ teacher.

I actually did not hear one word of "mischief" and neither did my MORE colleagues. But we'll expose this in the future.

Someone tell me this is journalism where I highlighted hackisms in pink:
A Staten Island teacher who taunted the Department of Education by live-streaming video of his time in a “rubber room” continued to hog the spotlight at his termination hearing Thursday by inviting the media to watch. Francesco Portelos, accused of rampant insubordination at IS 49, opened the normally closed disciplinary procedure in hopes of extending his 15 minutes of fame. But the move blew up in his face, when he was not allowed to speak because it was the department’s turn to present its case.
I loved this line:
Unlike a normal trial, Portelos’ side will make its case at a later hearing.
What Fenton, (did he graduate from the 5-week training course offered by Reporters for America?)  doesn't  get it that in normal trials and in 3020 hearings, the prosecution goes first and cross-examination follows. And then the defenses presents. And this case is 3 days of hearings, which Fenton doesn't seem to realize. DOUBLE DUHHHH!.  Fenton won't be assigned soon to cover the courts.

Yesterday was about the presentation of the DOE chief witness, the principal of the school. She testified in the morning session for about an hour and a half and about 2 hours in the afternoons session.

So what exactly blew up in his face? And as for the "rampant insubordination" I had to hold myself back from laughing out loud at what was presented as "rampant insubordination."

As for "hogging the spotlight" Portelos sat quietly next to his attorney for the entire hearing.

There's even more hilarity in Fenton's report:
“[Portelos] used intimidation, threats, manipulation and false allegations to scare people into getting his way,” DOE attorney Jordana Schenkman said. Portelos, 34, allegedly made life hell for colleagues at the Staten Island middle school by slapping papers out of people’s hands, mass-e-mailing complaints and making false theft claims. “I was watching my staff become demoralized, polarized, intimidated,” Principal Linda Hill testified at the hearing.
Yes, Reuven, the staff of IS 49 was so intimidated, threatened, manipulated, demoralized, and polarized that they elected Portelos chapter leader.

Twice.

Elected while in the rubber room (the first time in history) -- meaning he was not allowed into the school  to campaign.

When principal Linda Hill tried to strong arm people into recalling and running against Portlelos this past spring she failed in her attempt miserably. No one ran against Portelos. I've been around schools for 45 years and know full well that even semi-competent principals can get someone to run for chapter leader -- her failure to do so is indicative of .... well, you'll hear all about it after the hearings conclude.

You see Reuven, this is what is known as REAL REPORTING. I hope they give you an extra week of training in the future --- at your next job.
 

Friday, September 6, 2013

Whistle Blower Portelos Open 3020 Dismissal Hearing Sept. 12, 23, 30

Come to the circus. Press invited to find out they are spending an enormous amount of money trying to fire an accomplished teacher. Francesco is proof that rubber rooms still exist but that is a story ignored by the press, which hopped to when they had mass rubber rooms that were an embarrassment to both Tweed and the UFT. Now that they dump people in DOE offices full of wasteful bureaucrats, they all go and hide.
Greetings,
      If you are available and want to see the public modern day hanging of a parent and educator who blew the whistle and is slated for termination, see here:
Dates were just set for September 12, 23 and 30 at 49 Chambers Street.
Thank you all for your support. Regardless of the outcome, the fight for public education has a strong friend here.
-Francesco Portelos
mrportelos@gmail.com
educatorfightsback.org
Parent
Educator
UFT Chapter Leader IS 49
“In the end, we will remember not the words of our enemies, but the silence of our friends.” -Martin Luther King Jr.

Friday, May 10, 2013

Portelos: 9:30 AM Update - I recorded and didn't hide the fact - Meeting Cancelled by DOE - Security Rampant

Update: 9:30am. [See Drama Today, 9AM: Portelos Challenges "No Recording" Policies at DOE Despite Ermina Claudio Threats]

I'm not sure the DOE has face such rampant resistance as Portelos brings, especially given the internet age. What next? Live streaming? What if the UFT backed everyone in demanding to record these hearings? Does the UFT really support these people? I mean, if the UFT supported them in a forest while a tree fell and no one was there to hear it did they really support them?
I recorded and didn't hide the fact as I spoke into my phone and tablet. Again she insisted the meeting could not take place if I was recording. "Power everything down. Don't make me check." She stated.  It was as if Lex Luther was attempting to feed Clark Kent Kryptonite. Might as well make me walk through an Electro-Magnetic Pulse machine and fry all my devices.

  In addition to the regular School Safety Agent at the desk, there were two additional agents posted at her door. What? I'm just a mild mannered parent who has had enough of the corruption and I happen to be an educator. This past Tuesday there were EIGHT School Safety Agents at school as I was barred from attending a public meeting.

The meeting ended and they are trying to say I didn't want to meet. I spoke into my smartphone and stated "let the record show I want to have this meeting, but also exercise my right as citizen as per Penal Law 250."  At no point did they reference an article of our contract, a law, a regulation or policy.

As I left, they told me "oh also, you can't go to IS 49." I was supposed to go and cast my ballot for an SBO. I am the chapter leader.

They will try to get me on insubordination and just fuel my federal case. If I do not receive formal charges today, the 15th day since the SCI report, I have to be returned. Today is day 380!! All of you have been paying me "not to teach".

Please make calls to Courtenaye Jackson-Chase, top attorney (212) 374-3440. She runs the show. CJackson-Chase@schools.nyc.gov also Deputy Mayor Patti Harris +1 212-788-3000
This isn't just my fight...it's ours.
-Francesco Portelos mrportelos@gmail.com educatorfightsback.org
Parent
Educator
UFT Chapter Leader IS 49
“In the end, we will remember not the words of our enemies, but the silence of our friends.” -Martin Luther King Jr.

Drama Today, 9AM: Portelos Challenges "No Recording" Policies at DOE Despite Ermina Claudio Threats

"Didn't let me record. Meeting didn't happen." - F.P. {See follow-up: Portelos: 9:30 AM Update - I recorded and didn't hide the fact - Meeting Cancelled by DOE - Security Rampant
I do not trust Ms. Claudio and I believe I have every right not to trust her. I am exercising my right to audio record. Ms. Claudio also falsely claimed I cannot record as per the CBA. what article was that again?  ... You have stated that I "have no right under the collective bargaining agreement to record a disciplinary conference." I searched the entire CBA and found no mention of audio recording. Neither for or against it. As I stated during our previous conference on May 3, 2013, I am exercising my right under New York State Law. More specifically NY Wiretapping Law Penal Code Law 250.00...... Francesco Portelos
This morning at 9AM should be P-day as Francesco Portelos directly challenges the attempts to keep disciplinary hearings in the dark. Have you ever asked a UFT official why they don't insist in the right to record given there is no rule stated anywhere that you can't? Sorry I asked.
Should you prevent the conference from going forward for a second time, we will take whatever actions we deem appropriate.
Erminia Claudio
Community Superintendent, District 31
What are they hiding? The above was in response to this email from Francesco Portelos.
Ms Claudio and UFT Leaders,
       
        The information I received, from Ms. Claudio, states that I cannot record and also falsely states that I "refused to meet without recording". It's less than 24 hours before this disciplinary hearing and I am telling all parties that the second I get out of my car, at Petrides, I will flip on the record button on one, or more, devices. I will not turn it off until I get back in my car. There is no hiding it. I do not trust Ms. Claudio and I believe I have every right not to trust her. I am exercising my right to audio record. Ms. Claudio also falsely claimed I cannot record as per the CBA. what article was that again? 

I'm awaiting a response from anyone showing me in writing and referencing a regulation, policy or law stating I cannot record. Actually there seems to be a growing number of people waiting to see the outcome. 


Also I hope Ms. Claudio has more information about the allegations and any substantiated claims than what is in that extremely vague report.

Thank you.

Francesco Portelos
Here is the full email from Erminia. Ask her and Walcott if they REALLY want quality teachers. Feel free to send her an email or better, call her office.
May 10, 2013 Disciplinary Hearing

From: "Claudio Erminia" <eclaudi@schools.nyc.gov>
Date: May 9, 2013 1:44 PM
Subject: RE: May 10, 2013 Disciplinary Hearing
To: "Francesco Portelos" <fportelos@gmail.com>
Cc:

Dear Mr. Portelos,

As we discussed, you are not permitted to record the disciplinary conference.  I expect to see you tomorrow at 9:00am in my office without any recording devices.  Should you prevent the conference from going forward for a second time, we will take whatever actions we deem appropriate.

E. Claudio

Erminia Claudio
Community Superintendent, District 31
715  Ocean Terrace, Building A
Staten Island, New York 10301
Telephone #: 718 420-5667 
Fax #:  718 420-5677
eclaudi@schools.nyc.gov
More from Francesco Portelos:
See my post about audio recording disciplinary hearing. My superintendent and DOE lawyers are having a fit. This can be huge for staff under attack if they can't stop audio recordings. http://wp.me/p31ecs-vO
 And the older correspondence:
Ms. Claudio
    Perhaps it's best an attorney from the Department of Education is present as this situation is not only delicate, high profile and in litigation, but also that with new information provided, you may be added as a defendant in an amended complaint of Federal case 12 CV 3141. I'm simply saying this would be best for both of us considering that what both of us say will probably come up in a court hearing.

-Francesco Portelos

From: Francesco Portelos [mailto:fportelos@gmail.com]
Sent: Wednesday, May 08, 2013 1:21 PM
To: Claudio Erminia
Cc: Greenfield Robin; Singer Robin F.; Vazquez Marisol; Weiner David; Jackson-Chase Courtenaye; Rodi Katherine G.; Fox Thomas; Zaharakis Despina
Subject: May 10, 2013 Disciplinary Hearing

Ms. Claudio,

   I am in receipt of your letter dated May 7, 2013 (attached). You have stated that I "have no right under the collective bargaining agreement to record a disciplinary conference." I searched the entire CBA and found no mention of audio recording. Neither for or against it. As I stated during our previous conference on May 3, 2013, I am exercising my right under New York State Law. More specifically NY Wiretapping Law Penal Code Law 250.00. Am I supposed to understand that if it is not  mentioned in the UFT/DOE CBA I cannot do it? Just to throw in a small analogy; If I was to not fully stop at a stop sign and speed past 15 mph in the Petrides Complex can I reference the CBA if I am pulled over? 

   Speaking of the CBA, I came across something interesting in Article Twenty-One Section C:
 
"C. Summons
1. A teacher summoned by the principal to a conference which may lead to
disciplinary action for reasons of misconduct may be accompanied, at his/her option, by the chapter leader or his/her designated alternate.

2. Teachers summoned to the office of a community or high school superintendent or to the Division of Human Resources shall be given two days notice and a statement of the reason for the summons, except where an emergency is present or where considerations of confidentiality are involved.
Whenever an employee is summoned for an interview for the record which may lead to disciplinary action, he/she shall be entitled to be accompanied by a representative who is employed by the city school system, or by an employee of the Union who is not a lawyer, and he/she shall be informed of this right. However, where the community or high school superintendent or the Division of Human Resources permits an attorney who is not a member of the city school system to represent any participant in the interview, the employee shall be entitled to be represented by an attorney."

Pursuant to this section, I am requesting to be accompanied by my attorney for this disciplinary hearing.
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Interesting addition that there was an email from a MORE chapter leader on the MORE Chapter Leader listserve:
My principal informed staff a couple of days ago via e-mail that he would be doing informal pop in observations (ok, fine) AND that he would be filming portions of them to use later for reflections (not fine).
In the world of the DOE they can do anything they want.