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?

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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.

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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.

• Portelos Hearing: NY Post Reporter Reuven Fenton C...
• Heading to Portelos Hearing (Sept 12) This Morning...

And Protect Portelos

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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.
 

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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.

http://wp.me/P31ecs-wF

-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.

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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.

Subscribe www.educatorfightsback.org

-Francesco Portelosmrportelos@gmail.comeducatorfightsback.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.

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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. 

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@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.

--------
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.

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