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51747Re: [nyceducationnews] Update! ! Portelos Challenges "No Recording" Policies at DOE Despite Erminia Claudio Threats

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  • Mr. Portelos
    May 16, 2013
    • 0 Attachment

      DOE was not there. City attorney stated she didn't know. I think the communication between the two is not great.  In any case I spoke with General Counsel Courtenaye Jackson-Chase. She indicated a decision is coming down today or tomorrow. They'll probably still be seeking termination. I guess they are determined to make me a martyr.

      It's a shame.

      -Francesco Portelos
      mrportelos@...
      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.
      *sent from my Galaxy S3. Please pardon any typos

      On May 16, 2013 9:34 AM, "John M. Beam" <John_Beam@...> wrote:
       

      What did DOE reply? 

      jmb


      At 07:23 PM 5/15/2013 -0400, you wrote:

       

      I wanted to update everyone on the new developments today. As you may know I have dodged two disciplinary meetings because I insist on exercising my right and recording it and they won't allow it to proceed.

      Well today I was on a conference call for my federal lawsuit. On the call was my attorney, the city's attorney and federal magistrate. My attorney brings up the fact that the DOE publicly announced they are moving to terminate me and it's been over two weeks with no charges. The city responds something like "They haven't been able to charge plaintiff because he insists on recording the disciplinary hearing they need to have." The magistrate responds "What's the problem with recording it? "

      Ha....imagine that. Exercising my right and holding them accountable is delaying my potential termination hearing. Amazing how my smartphone has turned into my sling in this David vs Goliath battle.

      More detailed information can be found here: http://protectportelos.org/audio-recording-doe-encounters-a-real-doelemma-for-the-robins-and-friends/

      -Francesco Portelos
      mrportelos@...
      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.
      *sent from my Galaxy S3. Please pardon any typos
      On May 10, 2013 9:56 AM, "Mr. Portelos" <mrportelos@...> wrote:

      Update: 9:30am. 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@... also Deputy Mayor Patti Harris +1 212-788-3000

      This isn't just my fight...it's ours.

      Subscribe www.educatorfightsback.org

      -Francesco Portelos
      mrportelos@...
      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.
      *sent from my Galaxy S3. Please pardon any typos
      On May 10, 2013 9:06 AM, "Norm Scott" <normsco@...> wrote:


      ---------- Forwarded message ----------
      From: ed notes online <normsco@...>
      Date: Fri, May 10, 2013 at 8:47 AM
      Subject: [Ed Notes Online] Drama Today, 9AM: Portelos Challenges "No Recording" Policies at DOE Despite Ermina Claudio Threats an
      To: normsco@...


      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.

      More information can be found here: http://protectportelos.org/audio-recording-doe-encounters-a-real-doelemma-for-the-robins-and-friends/

      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@... >
      Date: May 9, 2013 1:44 PM
      Subject: RE: May 10, 2013 Disciplinary Hearing
      To: "Francesco Portelos" <fportelos@...>
      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@...

      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@...]
      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.

      --------
      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.

      --
      Posted By ed notes online to Ed Notes Online at 5/10/2013 08:47:00 AM



      --
      Have a good day

      Norm Scott
      normsco@...
      917-992-3734

      On Twitter:  @normscott1

      Education Notes Online
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