Francesco Portelos on WPIX Discusses the "Pending" Investigations

This story came out March 13, 2013:
 
Teacher designs App about NYC Schools; tries to make most of time in “rubber room”

 WPIX Greg Mocker

My comment:

 
Francesco's story is one shocking look at the mess created by the Bloomberg administration known as the "rubber room". There are thousands more with the same ridiculous waste of public money, and violation of law by the Department, whose Attorneys claim that innocent people must be terminated for crimes made up, in many cases, by the Attorneys for the Department. That is why the so-called "investigations" take so long: it's hard to create a false claim and make it stick. If anyone wants to see other rubber room stories, go to my website Parentadvocates.org and my blog, NYC Rubber Room Reporter. Betsy Combier

Read more: http://pix11.com/2013/03/30/teacher-makes-app-about-nyc-schools/#ixzz2grTe5ERS

Francesco Portelos Starts His 3020-a With The NY POST Attacking Him

Betsy's comments on Reuven Fenton's report in the NY POST:
I find it incredibly sad when a "reporter" leads readers into his own misleading diatribe and pretends that he is "reporting" rather than editorializing. He should have known better, or his editor at the NY POST should have edited the article before it went to print (see below). Norm Scott was there (I was hired to be the paralegal at a 3020-a in Massapequa, so I could not attend), and here is a link to Norm's post:

Portelos Hearing: NY Post Reporter Reuven Fenton Commits Journalistic Malpractice

By the way, I have been in hearings with the DOE Attorney Jordana Shenkman in years past, and I am underwhelmed with her ability as a lawyer. She has venom in her voice with every word she says, and I believe she really thinks that she has to hate every teacher-Respondent brought to 3020-a. Doesn't make sense that she has such a personal approach to getting teachers fired, but she's paid to do just that. Facts dont matter. The Arbitrator, Felice Busto, has not impressed me with her neutrality, but let's see what happens when there are 20-40 eyes on her at every hearing, and as many ears. It's called accountability, and she will be in the blogs of the bloggers who attend as members of the public. Guaranteed.
Anyway, let's go over the post by Mr. Fenton:

Fenton starts out in the first sentence with how Francesco "continued to hog the spotlight"...huh? I know that Francesco is a media star right now, but the implication that Francesco asked for an open and public hearing so that he could get media coverage is absurd. Sounds like jealousy to me, Mr. Fenton.

Fenton wrote "Francesco Portelos, accused of rampant insubordination at IS 49, opened the normally closed disciplinary procedure in the hopes of extending his 15 minutes of fame." What? In my 10 years of experience observing the 3020-a hearings and now as a paralegal, most teachers ask for an open and public hearing, and it is the right of the Respondent to ask for this, pursuant to the Commissioner's Regulations and 3020-a rules. Sounds like Fenton has some sour grapes in his mouth.

Fenton's total lack of knowledge of the hearings known as 3020-a come up in his next sentence: "But the move blew up in his face, when he was not allowed to speak...." OMG, the rules of procedure at these hearings is that the Department presents their case first, and the Respondent (and all his observers and legal team), can take notes and use it against the DOE when cross-examining the witness as well as when the Respondent's case (here, FP) starts, after the Department's case is over. Then the REAL facts come out, not just gobblygook and flambergat. The Department has what is called "the burden of proof" and must prove, by a "preponderance" of the evidence, that the specifications are true and the facts support them. This is where the neutrality (or not) of the arbitrator comes to play - as he or she finds the testimony of a witness credible or not credible. In my opinion, an arbitrator who finds the testimony of a Respondent and all of his or her witnesses not credible and terminates him or her is not neutral.

Fenton mentioned this with the helpful reminder that this process is not a real trial: "Unlike a normal trial...". Thanks for that, Mr. Fenton.I just hope that at the next hearings (September 23 and 30, 10 AM, 49-51 Chambers Street, tell the receptionist on the 6th floor that you are a member of the public for the hearing with Arbitrator Busto, and she will give you the room number) you'll be back, humbled by your flubberingness.

See you then!

Betsy

More mischief from ‘rubber room’ teacher

By Reuven Fenton

September 12, 2013 | 11:08pm

LINK

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.

 

NY POST "reporter" Reuven Fenton, right, with photographer (photo by Norm Scott)

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. The DOE painted him as a troublemaking screwball.

“[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.

Unlike a normal trial, Portelos’ side will make its case at a later hearing.

Portelos was relegated to a succession of rubber rooms more than a year ago, after complaining that Hill broke DOE rules permitting parents and staff to review the school budget.

The technology teacher claims he was a “whistleblower” — and got back at his bosses by writing a scathing blog and streaming live video from rubber rooms to which he had been exiled.

Here is the post online by SiLive:
 Department of Education takes first steps to dismiss Staten Island teacher

By Diane C. Lore/Staten Island Advance 
on September 13, 2013 at 8:05 AM, updated September 13, 2013 at 8:06 AM

LINK

Francesco Portelos is accused of behavior that "breeds mistrust and undermines the stability of schools," according to Chancellor Walcott.

STATEN ISLAND, N.Y. -- The city Department of Education Thursday took the first formal step toward dismissing Francesco Portelos, a science and technology teacher at Dreyfus Intermediate School, Stapleton, based upon the findings of an 18-month probe by the department's special commissioner of investigation.

Portelos and his attorney from the New York State United Teachers (NYSUT) union, squared off against the DOE in the first of a series of hearings involved in the procedure -- known as the "3020-a process" -- to dismiss a tenured city teacher. At least two more hearings are scheduled before an arbitrator will rule on the motion.

The normally forthcoming Portelos was advised by his attorney not to comment during the process. The hearing took place at 56 Chambers St., in lower Manhattan, opposite the DOE's headquarters in the Tweed Courthouse.

According to the report from the office of Special Investigations Commissioner Richard Condon, the allegations against Portelos included conducting personal real estate and faceshop.com business during school hours; changing accessibility to the school website and making himself the "super administrator" of the site; reading and distributing private e-mail messages; posting student information on his "protectportelos.org" site, and installing personal "pop-up" messages on school computers.

Condon's report was forwarded to City Schools Chancellor Dennis Walcott, who said the DOE would move to dismiss Portelos. "This type of behavior breeds mistrust and undermines the stability of schools," he said.

Portelos, a Stapleton resident, has languished in one of the school system's notorious "rubber rooms" for more than a year.

During his months of professional confinement, first in Queens, and most recently in Bay Ridge, Brooklyn, Portelos called attention to his case by blogging about his travails and posting live-stream video of himself sitting idle while collecting his $75,000 annual salary.

On Monday he blogged about the cost of the hearing process, funds that he said could be better spent spent serving his former students.

"The hearing will span at least two months, and just for the arbitrator will cost taxpayers more than $1,400 a day. My salary combined with the substitute that covers my class for over a year comes out to another $500 a day. Not including subpoenas and the DOE lawyers, each day of hearings would cost the same as a Smartboard that could have gone into a classroom," he wrote.

He termed the process "a modern-day hanging of a parent/teacher."

Portelos also has a federal lawsuit pending in which he charges that the numerous allegations against him were launched in retaliation for his reporting budget and financial improprieties at Dreyfus.

Francesco Portelos' Smoking Gun in his Fight Against the NYC DOE: Emails

OMG, I cant wait until Francesco releases these emails!!!

Betsy 

3,000 Pages of Secret DOE Emails. [Deputy Chancellor Kathleen Grimm Enters Stage Left]

by Francesco Portelos on September 10, 2013 in Uncategorized

LINK

On Monday I went to my attorney’s office in Manhattan to strategize and pick up this CD (above). The DOE Tweed building, where all the head brains are, was on my way. I stopped and took this quick photo just after I past two attorneys from the Administrative Trials Unit. (That’s the group that has the arduous task of trying to terminate me starting 9/12/13). I wonder if OSYD has GPS on my phone that alerts them when I’m close. Not they need to, but read below and you’ll see what I’m referring to.

Anyway, my attorney gave me this CD he received from the NYC attorney defending the city in my Federal case. We opened it, made copies and saved them (on servers around the world.) It contains approximately 3,088 pages of emails to and from Principal Linda Hill and Superintendent Erminia Claudio’s DOE accounts with the word “Portelos” in it from January 2012 to June 2013 plus other items. That includes when they were just copied.

Let me just start with Wow! You thought the Cathy Black emails were interesting? I started backwards and only got through 1/5th and am absolutely floored. I’m not sharing any just yet, but let me make some quick points that should make taxpayers and parents upset as well as the students who lost out.

- The amount of man-hours and resources that went into trying to “get me” is ridiculous and appalling.

- Deputy Chancellor of Operations Kathleen Grimm is copied a lot and weighs in. To help alleviate thesituation? No. The first time I heard of her was at a Panel for Educational Policy (PEP) school closure meeting and some audience member yelled out “Boooh.. Grimm Reaper!” That’s not polite I thought. I was then informed that she closes down schools.

- Deputy Chancellor Shael Suransky is in the emails as well.

- There are times when “they” got wind that I would be present at a public event, speaking out and actually upped security. What? Harmon Unger, Frank Jordan and the Office of Safety and Youth Development was on the case. I thought it was odd to see the guys in suits with wires in their ears. Now it makes sense that they kept an eye on me while I sat in the back of the Petrides auditorium.

-The words “he’ll stop at nothing” and “he is relentless” were used by many. It’s funny,  because I was talking to a teacher at my school and said “Remember when I first came to IS 49 from the environmental field? I was this scrawny guy running around helping out with tech issues and staying late and weekends?” She replied “I was thinking that. Look what they have created, but what choice did you have? You’re up against an army and they don’t know what to do. It’s ridiculous! ”

-David Brodsky of Labor and Relations, Kelly Doyle of ATU, Karen Solimando.

- Several UFT members, within the building, helped with the demise of the great atmosphere we once had. We knew this, but the amount of teachers and paras who were emailing the principal my chapter leader notices is crazy. Some were not involved in my case at all, but I guess they wanted to ensure a Satisfactory rating. Another reason the teacher evaluation is going to be subjective. “Keep giving me info and you’ll get rated Highly Effective.

- I’m under even MORE investigations than I thought. Have lost count, but somewhere around 34. Lol. Great job SCI and OSI…ignore my evidence backed complaints and investigate magazine subscriptions. Yes apparently my principal was getting Playboy subscriptions and she reported that I subscribed her. You can’t make this stuff up.

- Many emails to and from CSA, the administrator’s union making stupid comments.

- Several emails from the Community Education Council who have been no help at all to our case.

- Remember the resolution that was proposed to have armed guards patrol schools after the Sandy Hook massacre? The Staten Island CEC wrote a proposal and presented it. The news was there and many people, including I, spoke up. Well Superintendent Erminia Claudio emails Kathleen Grimm et al the next day and updates them saying. “The UFT spoke up against it because there was no parent involvement”, “Portelos was there, but was not on his game” and “Sam is a fool!”. I was actually flattered by her comment as it made me sound like I had game, but just not that night. She was right add my speech was off that night. I was more taken aback that she called CEC President Sam Pirozzolo a fool. For what? For proposing the resolution?

-There were attempts at investigation that were too ridiculous for an office to open. I used the word “kosher” in an email once and Principal Hill tried to have the Office of Equal Opportunity open a discrimination case…on your tax dollar.

-Even the few emails that were really nothing, I kept thinking the money spent in time on trying to destroy me was horrific.

- Some back and forth emails with SCI and OSI investigators.

I’ll go through more and see what I can share.

Update: With less than 24hrs before my termination hearing, SCI investigators visit my mother in law & play with my kids. Desperate? I believe so.

Special Commissioner of Investigation Richard Condon

SCI Week starting next Monday!

EMAILS From Francesco Portelos' Blog Are Eye-Openers To The Dictatorship of Principals In The School

Francesco Portelos

...and to the power and influence of "Legal" outside the school.

Betsy Combier

DOE Admin’s “Not So Confidential” Emails – Part 6 Union Busting

by Francesco Portelos on June 14, 2013 in Uncategorized




Continued from Admin’s “Not so Confidential” Emails segment.

“Union Busting is the latest fad.” Everyone is doing it.

There has been more union busting at our school than you can imagine. I have to admit, that they have been doing an excellent job of busting up our union, our rights and wiping our expired contract on their shoes.

Countless teachers have been called in to the principal’s office and asked questions like:

“What did you say at the [union] meeting last Friday?”

“Was ______ at your birthday party?” “Careful of who your friends are.”

“Why are you wearing blue?” In regard to staff wearing union blue.

“Stay away from the Teacher’s Lounge.”

You can also see my first two disciplinary letters that I received. One was about a private union meeting I had with former UFT Chapter Leader Rich Candia and former SLT Chairperson Susanne Abramowitz. The second about emailing the UFT members at the school about union business.

Now I found this beauty showing a directive from a DOE lawyer informing the principal that .

——————————————————–

From: Linda Hill

Date: Fri, Feb 10, 2012 at 1:02 PM <—see my previous post that took place around that time
Subject: UFT site on the Dreyfus email
To: Richard Candia
Cc: Michael Rossicone

Dr. Candia,
I have been advised by DOE lawyers to delete the UFT site on the Dreyfus website. Please be advised that I am doing so immediately.
Sincerely,
Principal Hill


–
Linda V. Hill
Principal, IS 49
tel. 718 727 6040
fax. 718 876 8207
welearnandgrowtogether.com
———————————————
*Note: I colored the red text above.
What was this site? It was a UFT site we had to increase communication. Why delete it? Good question. Which lawyer? Was it ethical? Violation?

That was over a year ago. Did things get better? Does the principal or DOE fear or union? No. In fact they continue to bust and even ignored an arbitration decision. Attempted to get involved in a chapter leader recall that failed.

This is replicated at many of the 1,800 schools.


Admin’s “Not So Confidential” Emails






I know this is bizarre, but what part of this saga isn’t? Principal Linda Hill, of Berta Dreyfus IS 49 used a site I owned and was the primary administrator of. I raised concerns, she and others retaliated against me and then directed me to shut down the site. Before she lost access to my site she used it to send and receive in excess of 12,000 emails in 2.5 years. Some are forwards from her professional DOE schools.nyc.gov account and therefore fell into my domain. It’s like a Morgan Stanley employee forwarding inappropriate AOL emails to their jdoe@morganstanley.com account and Morgan Stanley bosses reading and using these emails. They can as per the privacy policy.

I contacted Google Inc., who runs the site, in March 2012 and again last week, June 2013. I asked “Who owns all the data on dreyfus49.com?” The Google tech’s responds “You do Mr. Portelos.”

Now I have been attacked, removed from school for over 400 days and slated for termination. What recourse do I have? Play possum? I tried that. Now I have been slowly sharing my data with the world. I’m not going to share meaningless watercooler gossip, but rather emails I believe are of public concern:


Check back occasionally or subscribe using link on the right.

DOE Admin’s “Not So Confidential” Emails – Part 1 Integrity

DOE Admin’s “Not So Confidential” Emails – Part 2 – The Audit

DOE Admin’s “Not So Confidential” Emails – Part 3 – Equal Opportunity?

DOE Admin’s “Not So Confidential” Emails – Part 4 – Sick Day OT

DOE Admin’s “Not So Confidential” Emails – Part 5 Psychic?

DOE Admin’s “Not So Confidential” Emails – Part 6 Union Busting

Francesco Portelos: I'm Keeping My Lunch Money

Principal Hill & Superintendent Claudio: “Give us your Lunch Money Portelos!”

by Francesco Portelos on May 27, 2013 in Uncategorized

LINK

 

It was probably 1994 and I was a sophomore at Port Richmond High School, Staten Island. Some student had the idea to take a milk carton, stuff it with wires, place it in a staircase at school and call in a bomb threat. Perhaps they wanted to avoid taking a test. Perhaps they were just bored. Who knows why, but it caused the entire building to be evacuated to the football field. It might have been one or two hours that we were waiting when word spread that the bomb squad was still up in the Bronx. “I’m going home” I thought to myself. So did most.

This was before cell phones were widely used. In the confusion I couldn’t find my pack of friends, couldn’t text or FB message them, so I headed off to the city bus stop on Port Richmond Avenue solo. Thinking that there was going to be a mass rush to the bus stop, I decided I was smarter than that and was going to walk to the previous stop and grab a seat. I didn’t take the busy street, but decided to take my 90 lb. goofy self, with my textbook packed Jansport schoolbag, oversized Mets hat and cut through a desolate side street. I happen to pass a group of young fellas on a corner. They were either seniors or out of high school. I paid them no mind and continued on my way. As I continued to walk I thought I heard an increased amount of footsteps behind me.  I remember it being cold out because there were patches of ice on the floor. I decided to cross over to the other side of this residential street and walked over a patch of ice that cracked beneath my massive 90 lbs of body weight and 90 lbs of textbooks. Interestingly enough I heard that same patch of ice crack under the pressure of several gentleman who were right behind me. OK, at that point I thought “Hmm..I’m being followed and I’m still in the middle of a long street with quite some distance to busy Port Richmond Avenue.”

I quickly found myself surrounded by four young men much bigger than me. I sidestepped over to someone’s lawn and so did they.  ”You know you are going to catch it, right?” said one of them with a smile. “Catch it? Catch what?” I replied making believe I was ignorant to what was about to go down. With my heart racing I knew they meant catch a beating, but thought I could either play stupid or play possum and lie down. I never lie down! “You have any money on you kid?” another asked. “I have lunch tickets only. You can have them.” I replied. I had free lunch and the tickets could be used only for that day. I don’t think they were interested in my red numbered lunch tickets.

Now in my head I was playing all kinds of scenarios. Most had to do with the movies I had seen like the Karate Kid and all the Jean Claude Van Damme movies. I thought “Maybe I could throw my two ton bag of text books at one guy while I jumped up and took out the other three with a spinning helicopter kick.” Yeah right.

Martial Arts Actor Jean Claude Van Damme

But what about the other four guys waiting across the street? Yes there were eight guys versus me. Why am I always outnumbered? Anyway, before I knew it I was shoved to the cold grassy ground by the guy behind me. No worries. I got up quick, but my Mets hat fell off and as I tried to pick that up another kicked me in the back. Luckily my textbooks took the brunt of that force. I was already to go all out, because as you may see from the site… I don’t know how not to fight back and I loathe bullies.

Luckily at that moment a man, from the house next door, came out of his house with an aluminum bat. “Get the $%^# outta here!” he yells while he waved it. The  group took off and I dusted myself off. “Boy were those eight guys lucky this guy came out of his house!” I thought to myself. 

I thanked the man and went on my way. I realized there was a car with a football jock and some girls just further down that had been watching the whole thing unfold. “Sorry man. I would have helped, but I was in a car full of girls…” he told me the next day. Whatever.

FAST FORWARD TO 2012-2013

Now here we are almost two decades later. The players have changed, but the situation is basically the same.

I’m slated for termination by the NYC Department of Education. Principal Linda Hill of Berta Dreyfus IS 49, District 31 Superintendent Erminia Claudio and the DOE are the eight guys trying to take my lunch money. Instead of lunch money though they wanted something else I owned….www.dreyfus49.com. When I didn’t give it up, they tried to and eventually succeeded in removing me. I guess that would be the same as being pushed down and then kicked again by the guys when I got back up. Perhaps this website represents the textbooks of information that took the hit.

In any case there are 38 charges against me now. Let’s look at number 28 here:

Give me your website!!

Basically, as I posted over a year ago, The Real Birth, Life, and Death of Dreyfus49.com, I created a website, paid for it, worked on it for countless hours and days and the Principal and Superintendent tried to muscle me to give it over. I almost let them. To prove I own, just click itwww.dreyfus49.com. Why did they want it so bad? Principal Hill did an ignorant thing and forwarded her official lhill2@schools.nyc.gov emails into my domain. According to Google, that made it available to me as I am the primary administrator and owner. Ooops. Tune in next week as we start sharing some of those emails with the public. Audits, attacks on other educators and some more.

Don’t Tread on Me.

Betsy Combier Files a Second FOIL Request After Francesco Portelos Receives a Letter From ATU Director Laura Brantley

Dear Mr. Baranello,

I believe that Ms. Laura Brantley meant to put Ms. Erminia Claudio, and not Ms. Claudio Erminia, in her email to Francesco Portelos? If not, please give me the title, contact information and authority of "Claudio Erminia" to find probable cause against Mr, Portelos.

Thank you,

Betsy Combier

Editor

ParentAdvocates.Org

NYCRubberRoomReporter.Blogspot.Com  
Betsy Combier, Editor / Reporter
betsy.combier@gmail.com 

                                                                                                                                                                                                                                                                           

                                                                    May 26, 2013

Mr. Joseph A. Baranello
Central Records Access Officer
Office of the General Counsel
New York City Department of Education
52 Chambers Street
New York, NY 10007

JBaranello3@schools.nyc.gov

FOIL@schools.nyc.gov

Dear Mr. Baranello:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I request copies of the following items:
1) All documents, notes, memos, emails, or recordings made when Superintendent Erminia Claudio contacted Laura Brantley, Attorney, about the matter concerning Francesco Portelos and his 38 charges, and/or probable cause in his case. Please see the letter attached from Laura Brantley to Francesco Portelos.

Erminia Claudio

2)  All documents, notes, memos, emails, or recordings made when ATU Attorney Laura Brantley contacted Superintendent Erminia Claudio about the matter concerning Francesco Portelos and his 38 charges, and/or probable cause in his case. 

3) The name, title, contact information for any person who assisted either Laura Brantley or Eminia Claudio in "finding" probable cause for Mr. Portelos' 38 charges.

Superintendent Erminia Claudio

4) The name, title, and contact information for the charging attorney at the Administrative Trials Unit who wrote the 38 charges against Mr. Portelos.

5) The name, title, and contact information for the charging attorney at the Administrative Trials Unit who wrote the probable cause form.

6) The name, title, and contact information for the person(s) who recommended that Francesco Portelos be suspended with pay.

7) The particulars of what the title of Ms. Brantley means, specifically "as designee for Dennis M. Walcott, Chancellor", and any and all rules, regulations, or law which gives her this authority and title.

8) How Dennis M. Walcott has the powers and duties of "Chancellor" pursuant to law.

If the records have been removed from their original locations, please cause a diligent search to be conducted of all appropriate file rooms and storage facilities.

If any record has been redacted, please identify which categories of information have been redacted, and cite the relevant statutory exemption(s).

If you have any questions relating to the specific record(s) or portion(s) being sought, please email me at betsy.combier@gmail.com so that we may discuss them.

Here is the contact information for Ms. Claudio:

Erminia Claudio
Superintendent
Community School District 31
715 Ocean Terrace
Staten Island, New York 10301
718-420-5667
Fax: 718 420-5665
eclaudi@schools.nyc.gov

RELEVANT ADVISORY OPINIONS
 www.dos.state.ny.us/coog/ftext/f13952.htm     

www.dos.state.ny.us/coog/ftext/f14287.htm   

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request.  Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly.  If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed. 

                                                                   Sincerely,


                                                                   Betsy Combier

Betsy Combier Files A FOIL Request For the Names, Titles,etc., of The People Who Voted Probable Cause At An Executive Session on Francesco Portelos' Charges