Minggu, 10 Januari 2010

Why Is Mayor Bloomberg Hiding His Committee On City Marshals?



Mayor's Committee on City Marshals
LINK

About the Committee

The Mayor's Committee on City Marshals is established by State law, Section 1601 of the New York City Civil Court Act. The Committee’s four functions are to (1) establish and publish qualifying criteria for appointment to the office of City marshal, (2) recruit and receive names of candidates for that office, (3) determine which of the qualified candidates are best qualified to serve as City marshals, and (4) recommend to the Mayor up to three qualified persons for appointment to the office of City marshal upon the occurrence of a vacancy. Mayoral Executive Order No. 44, February 13, 1980. By law, the Committee’s proceedings, records, and communications, including all applications submitted to it, are confidential and exempt from public disclosure.

The Committee consists of fifteen members, all appointed by the Mayor. The Mayor appoints six of the members directly, three after selection by Presiding Justice of the Appellate Division, First Judicial Department, three after selection by the Presiding Justice of the Second Judicial Department, and three after selection by the deans of three New York City Law Schools, who each select one member for appointment. The Committee members serve without compensation.

In September 2003, Mayor Michael R. Bloomberg appointed fifteen new members to the Mayor’s Committee on City Marshals. Previously, the Committee had last met in November 1995.

For more information on Section 1601 of the New York City Civil Court Act:
Visit New York State Assembly
Visit New York State Senate

NYC Marshal's Handbook of Regulations
Chapter 1

New York City Marshal Application

Message from Chair
LINK

Mayor Bloomberg has charged our Committee with the responsibility of finding and recommending to him, from a broad array of men and women reflecting the diversity of New York City, the best-qualified candidates to serve the public as City marshals.

The position of City marshal is unique and demanding. City marshals are called upon to enforce the most sensitive court orders, such as evictions, car seizures, and wage garnishments, with careful regard for the safety and rights of all concerned. City marshals work independently and must support themselves and their offices without public salaries or funding. But they are also public servants who must follow detailed laws and rules and cooperate fully with the Commissioner of the Department of Investigation, who oversees them for the Mayor and the State Supreme Court's Appellate Division.

The Committee therefore seeks candidates with proven qualities of honesty, integrity, maturity of judgment, courtesy, and respect for the law and public service. Candidates must also be able to manage an office, operate a business, and meet their financial obligations.

As of September 2006, State law allows retired New York City Police Officers, Correction Officers, Deputy Sheriffs, Fire Marshals, and others to serve as City marshals while receiving their pensions. The Mayor and the City Council supported the new law because it opens up the challenges and opportunities of a City marshal's appointment to a large and diverse pool of mature applicants, experienced in law enforcement and capable of managing difficult and dangerous situations.

The Committee welcomes qualified applicants who have taken the time to familiarize themselves with the responsibilities and challenges of City marshals. We thank Mayor Bloomberg for giving us this opportunity to serve our City.

Peter J. Madonia
Chair, Mayor's Committee on City Marshals
April 2007

City Marshals Committee Members
LINK

Selections of the Mayor

Peter J. Madonia
Barbara T. Barrantes
Barry R. Clarke
Monte Kurs
Betty Lugo
Thomas H. Roche

Selections of the Presiding Justice, Appellate Division, 1st Department

Thomas Curran
Jonathan L. Kimmel
Justice Bentley Kassal

Selections of the Presiding Justice, Appellate Division, 2nd Department

Leardo Luis Lopez
Marisa Megur Seifan
Justice Daniel Joy

Selections of Law School Deans

Columbia: Richard Briffault
Fordham: Edgar De Leon
St. John’s: Jonathan Kingston



Peter J. Madonia is Chair of the Committee. Mr. Madonia is the Chief Operating Officer of the Rockefeller Foundation, established in 1913 by John D. Rockefeller, Sr., to "promote the well-being" of humanity by addressing the root causes of serious problems. Before joining the Rockefeller Foundation in February 2006, Mr. Madonia served as Chief of Staff to New York City Mayor Michael R. Bloomberg, a position he was appointed to after serving as Senior Advisor to the Bloomberg for Mayor campaign. His previous experience in New York City government included serving as Chief of Staff to the Deputy Mayor for Operations, Deputy Commissioner for Budget and Operations at the Department of Buildings, and First Deputy Commissioner of the Fire Department. Mr. Madonia also owns and for twelve years operated a successful family business. He received a Bachelor of Arts degree from Fordham University, where he has taught urban studies as an adjunct professor. He also has a Master in Urban Studies degree from the University of Chicago.

April 16, 2002
PUBLIC LIVES; Away From the Ovens to a Hot Spot at City Hall
By ROBIN FINN, NY TIMES

WHEN he's not doing due diligence as chief executive of an 84-year-old Italian bakery created by his grandfather, he is a cutting-edge Democrat and chief of staff for a four-month-old mayoralty headed by a Republican political neophyte. He doesn't sweat the contrasts.

''I remember somebody telling me once that the best way to live is to figure out what kind of work you'd do for free and then go get paid for it,'' says Peter J. Madonia.

Urban government is his passion. The Madonia Brothers Bakery was the passion of his grandfather, father and older brother, Mario. When Mario died in a car accident in 1988, Mr. Madonia, 10 years into an upwardly mobile career in city government, quit living his dream and took over the family business in the Bronx to prevent it from going out of business. ''It was the right thing to do. I never put a time frame on it, but the general plan was that I had a third career in me somewhere.''

Somewhere is finally here; his third act, like his first, led straight to City Hall.

It is hard to picture Mr. Madonia, a confirmed nonbaker but heir nonetheless to the family bakery, studying recipes for jalapeño bread and wrapped in an apron, when he's sitting on a tapestry chair at City Hall wearing the urbane accouterments appropriate to his role as Mayor Michael R. Bloomberg's chief of staff: starched white shirt, silk scrollwork tie, buffed shoes. And there's a faint tan, courtesy of a weekend in Florida visiting Mom and Dad; unlike Mr. Bloomberg's, Mr. Madonia's weekends are an open book.

Want to see his résumé? Look quick; it's a paragraph-length understatement. Mr. Madonia, now 48 but an ambitious 25 when he scored his first city job during the Koch administration, likes to ''keep a low profile.'' Friends say he has the soul of a surfer; he admits that beach bum (Negril, Jamaica, is his favorite vacation destination) might be an alternate career choice had City Hall not smitten him first.

''If you're going to be in this business, you have to believe there is such a thing as good government,'' says Mr. Madonia. ''I have my cynical moments, but I'm not what you could call a real cynic.''

Want to see his office? ''I don't have an office.'' That's his cynical way of saying we won't be peeking at his cubicle upstairs in the bullpen, where he runs a $26 million department -- ask him how big a staff he's chief of and ''big'' is the best he comes up with -- at elbow's length from the boss who brought him back to politics after his forced hiatus.

Mr. Madonia was in his 13th year as owner-manager of the bakery when Patricia E. Harris, a Koch-era colleague who is now deputy mayor for administration, suggested he have lunch with Mr. Bloomberg and help the magnate mull a mayoral campaign.

''I probably exhibited so much passion about government that I left him with the impression that of course he should run,'' says Mr. Madonia. Soon he was spending half his week at the bakery, the other half on what he calls ''a low-key policy role'' in the campaign, the first political campaign he'd ever worked on (though he has been a Clinton supporter since Hillary Rodham Clinton turned up at the bakery 10 years ago campaigning for her husband and, despite her anti-cookie-baking manifesto, put on an apron).

When Mr. Bloomberg won and offered him work, Mr. Madonia hesitated just long enough to clear ''a 24/7 job'' with his wife and daughter; then he asked his father, Pete, to come back to the bakery, freeing him to return to City Hall.

HIS initial marching order, besides providing agenda advice (past deputy commissionerships in the Department of Buildings and the Fire Department make him a qualified source), was to set a good example, and precedent, for other city agencies by cutting the budget for the mayor's office by 20 percent. He also culled 25 cars from the mayoral fleet, but not his: he says the subway trip from his home in the northeast Bronx to City Hall is too time-consuming to be cost-effective. He made his cuts within a month. Savings to the city: $7 million.

Always a man with a plan, Mr. Madonia latched onto his life's blueprint without knowing it. He was 16, the city was decomposing its way through a sanitation strike, and there on television was the city sanitation commissioner, irate but authoritative, locked in debate with a union leader. The commissioner had the last word.

''I said, 'Man, I'd love that job,' '' says Mr. Madonia, ''and it wasn't about the garbage.'' It was about the responsibility of making the city run right. ''It got my blood going. From the time I was a kid, my mother would say, 'Go work for the city.' '' She knew her second son preferred the fairy dust of politics to the flour dust of the family business.

Mr. Madonia attended Fordham University, received a master's in urban studies from the University of Chicago, returned to New York and found a pivotal mentor in Dan Wolf, former owner/publisher of The Village Voice. Through him, Mr. Madonia signed on at City Hall as executive assistant to Deputy Mayor Nat Leventhal, learning the business end of politics from Mr. Leventhal and Mr. Koch. At 32, he was appointed first deputy commissioner of the Fire Department, a significant posting for a relative youngster. ''I've got ties that are older than you,'' one borough commander told Mr. Madonia in lieu of a welcome. He laughed it off and got back to work.

From Betsy Combier: Mr. Madonia was also an Alternate City Member at the Office of Collective Bargaining, and is on the Board of Trustees of the "new" Randall's Island, with Manhattan Borough President Scott Stringer (didn't he protest the Mayor's private school initiative on Randall's Island???)

Barbara Barrantes is Executive Director and Bank Compliance Officer at WestLB AG, New York Branch.

Company Overview:
Westlb AG New York Branch provides financial products and services in United States. It offers lending, structured finance, capital market and private equity products, asset management, transaction services, and real estate finance. The company is based in New York, New York. Westlb AG New York Branch operates as a subsidiary of WestLB AG.
1211, Avenue of the Americas
New York, NY 10036
United States
Phone: 212-852-6000
Fax: 212-852-6300

Ms. Barrantes previously served as Special Counsel in the Banking and Finance Department of Cadwalader Wickersham & Taft. Her other professional experience includes service as Senior Vice President and Chief Regulatory Counsel at IBJ Schroder Bank & Trust Company, Staff Attorney in the New York Regional Office of the Securities and Exchange Commission and Deputy Superintendent and Counsel in the New York State Banking Department. Ms. Barrantes is a graduate of the New York University School of Law.

In 1997 she was involved with Adelphi University when the Trustees were thrown out:
February 11, 1997
NEW YORK REGENTS OUST 18 TRUSTEES FROM ADELPHI U.
By BRUCE LAMBERT
Correction Appended

The New York State Board of Regents removed 18 of Adelphi University's 19 trustees yesterday, saying they had paid the university's president too much, did not keep track of his compensation and failed to review his job performance.

The Regents, who immediately appointed 18 new trustees, said that two of the ousted board members had improperly profited by doing business with the university and that they had failed to disclose details of their dealings.

The action, which is authorized under state education law, has been taken against three other institutions in the last 80 years, but never against a university as big as Adelphi, which has 4,300 students.

The Regents also said that the trustees failed to abide by Adelphi bylaws giving the faculty a say in how the university is governed. ''Indeed,'' they wrote in a 49-page report, ''in our view there has been a complete breakdown of the principles of governance, which the board of trustees seems to countenance.''

For a year and a half, Adelphi's president, Dr. Peter Diamandopoulos, has been attacked by faculty members and others who criticized what they said were his dictatorial management style; his cutbacks in programs; his salary and benefits package, which reached $523,000 in 1994-95, and his close relationship with the trustees, many of whom he had helped select.

He was among the trustees who were removed yesterday, but he remains president and had no comment. Under state law, the Regents can remove trustees who misuse their power but can take no action against administrators.

The one trustee who was not ousted, Donald Kagan, a Yale University professor of history and classics, was appointed late in 1995 and was not deemed to have played a role in the improper actions of the board.

Lawyers for the ousted trustees announced plans to appeal to the courts within 48 hours and seek a stay to restore their clients to office.

The ousted Adelphi board chairwoman, Ernesta G. Procope, denounced the Regents' ruling as ''a direct threat to the continued independence of every private nonprofit college and university in the State of New York.''

Reading a statement issued by the university, she added: ''There were no legal, educational, ethical or any other grounds to warrant the removal of any members of Adelphi's board of trustees. Therefore we deplore this disgraceful, irresponsible and totally unwarranted decision by the New York State Board of Regents.

''We will go to the ends of the earth to rectify this gross injustice,'' she said.

A spokesman for Adelphi, Vincent Passaro, said that Dr. Diamandopoulos did not have a separate comment beyond the statement issued by Mrs. Procope on behalf of all the ousted trustees.

To replace Mrs. Procope, the Regents appointed an interim chairman, Steven L. Isenberg, the former publisher of New York Newsday, who recently completed a teaching appointment in California.

The Regents' vote was 14 in favor of removing the trustees and 1 opposed, Robert Johnson, a former publisher of Newsday. Mr. Johnson voted for the installation of the new trustees.

Mr. Isenberg, the new board's chairman, said he hoped the trustees would meet soon. He declined to comment about Dr. Diamandopoulos's future and said he had not had a chance to speak with the president.

The Regents' presiding officer, Chancellor Carl T. Hayden, said he had asked the State Education Commissioner, Richard P. Mills, to recruit potential new trustees in case the old board was removed. Mr. Hayden said the recruitment and the Regents' deliberations on removing Adelphi's trustees operated simultaneously but independently.

After more than a year of chaos at Adelphi, the prospect of the court appeal casts a note of uncertainty on who is in charge and when the power struggle will be finally adjudicated. Arthur J. Kremer, a lawyer for the trustees, said the appeal would be filed in the state courts in Albany. Prior appeals to block or halt the Regents proceedings all failed.

Officials of the Committee to Save Adelphi, a coalition of Dr. Diamandopoulos's critics led by faculty members and including former trustees, former administrators, alumni, students and parents, were jubilant at the votes, taken at the New York Bar Association in Manhattan.

''You couldn't find anyone happier than we are now,'' said Catherine Cleaver, a co-chairwoman of the committee. Gayle Insler, another leader, expressed hope that the new trustees would quickly remove Dr. Diamandopoulos as president.

The Regents found that two trustees had improperly done business with the university: Mrs. Procope, the board's chairwoman, and George Lois, an advertising executive.

Dr. Diamandopoulos designated E. G. Bowman, a firm owned by Mrs. Procope, as Adelphi's insurance consultant and broker, and most of its policies were issued by Chubb, a company on whose board she served. Mr. Lois's advertising agency, Lois/ U.S.A., created an ad campaign for Adelphi. Neither Mrs. Procope nor Mr. Lois disclosed that their companies were receiving income from their dealings with Adelphi. In fact, the Regents said, the other trustees were told they were working for free.

The Regents were especially harsh on Dr. Diamandopoulos and Mrs. Procope, whose firm received more than $1.2 million in commissions.

Mrs. Procope ''acted in self-interest,'' the Regents said. ''Because of her conflicted roles, we will never know whether or not Adelphi obtained the lowest-cost coverage best suited to its needs, or whether another broker would have been a better choice.''

And the report said of the president: ''Under the circumstances, Diamandopoulos's actions can reasonably be interpreted as intended to curry favor with Procope -- who has played a key role in setting his compensation every year since 1986 -- by guaranteeing the Adelphi account to her company for at least as long as she remained a trustee.''

Adelphi's ousted trustees complained that the Regents' intervention posed a threat to the independence of all colleges and universities and discouraged people from serving as trustees. They also said the entire investigation was part of an effort by the faculty union to gain power.

''For the past year and a half,'' the university said in a statement, ''Adelphi has been subjected to a well-financed 'corporate campaign' by a small group of dissidents, mainly the directorate of the faculty union, who have long been seeking to gain control of campus policy. Through negative publicity, based on lies, distortion and disinformation, they were able to pressure the Board of Regents to hold public hearings, and then to conduct those hearings in an atmosphere utterly indifferent to both due process and basic fairness.''

The broader implications of Adelphi's case may be to underscore the cautions that nonprofit organizations should exercise in the oversight of their boards and executives.

''Individuals serving on any type of nonprofit board can learn several important lessons from this,'' said Judith O'Connor, president of the National Center for Nonprofit Boards. ''Executive compensation is a potentially explosive issue. Conflict-of-interest policies are essential, since even the appearance of impropriety can be extremely damaging. And board members should be informed, engaged and not afraid to ask tough questions.''

Since Dr. Diamandopoulos took office over 12 years ago, supporters have praised him as a visionary who transformed the commuter school's academic standards with a new core curriculum and a small honors college. They said he had reversed Adelphi's troubled finances by expanding its endowment and reserves from $4 million when he took over to nearly $48 million today. His administration also made about $50 million in improvements to the campus.

But his critics said they were moved to act because, in their view, his tenure had been ruinous to Adelphi, where enrollment has dropped about 40 percent since his arrival. Its tuition fees now rank second highest on Long Island, average class size has ballooned, admissions are less selective and Adelphi's rankings in Barron's and other college guides have fallen over the years.

In the decision, based on 27 days of hearings, the Regents said that even as Dr. Diamandopoulos's initial pay of $95,000 and his benefits steadily rose, ''there is no evidence'' that the trustees ''actually evaluated Diamandopoulos's performance against articulated goals or benchmarks.''

Dr. Diamandopoulos's raises and expanded benefits, including use of a $1.3 million apartment in Manhattan, were granted by a small subcommittee of trustees who did not tell the full board the basic details of the compensation, the Regents said.

According to the report, the trustees repeatedly violated both their own bylaws and state statutes in failing to review Dr. Diamandopoulos's performance and to vote on his pay and benefits.

''A prudent board of trustees should have taken a hard look at Diamandopoulos's entire record and carefully measured it against the compensation awarded,'' the Regents said. ''The board of trustees never did so, and the result was a compensation without a rational basis and far in excess of the value of services performed.''

The report singled out the condominium as ''the most egregious example'' of imprudent benefits. The trustees allowed Dr. Diamandopoulos to select, buy, renovate and furnish the condo at Adelphi's expense without inspecting it, having it appraised or studying the possibility of a rental. Then they granted him the right to buy it at any time for $905,000.

''The totality of the record before us today demonstrates that in setting Diamandopoulos's compensation, the trustees failed to exercise the degree of care and skill that ordinarily prudent persons would have exercised,'' the Regents said. ''They must therefore be removed from office.''

The trustees' failures ''amounted to a neglect of the board's fiduciary duty of care,'' the Regents added.

Photo: Opponents of Adelphi's president celebrated the removal of most of the university's trustees yesterday at the New York Bar Association in Manhattan, where the State Board of Regents had voted. The critics included, from left, Devin Thornburg, his wife, Iris Gersten, Gayle Insler and Catherine Cleaver. (Ozier Muhammad/The New York Times); Peter Diamandopoulos. (pg. B6) ''CHRONOLOGY: Shakeup at Adelphi: A Board Falls'' The New York State Board of Regents voted yesterday to remove 18 of the 19 trustees of Adelphi University in Garden City, L.I. JUNE 1985 -- Peter Diamandopoulos, the former president of Sonoma State University in California, is named president of Adelphi University. SEPTEMBER 1995 -- A survey in The Chronicle of Higher Education identifies Dr. Diamandopoulos as the second highest paid university president in the nation, after Boston University's president John R. Silber. His compensation for 1993-94 totals $523,636. OCT. 5, 1995 -- Adelphi's faculty votes 131 to 14 to urge the dismissal of Dr. Diamandopoulos. APRIL 17, 1996 -- In court papers, the State Attorney General's office says Adelphi's trustees may have violated several state laws by financing ''extraordinary personal spending'' by Dr. Diamandopoulos. APRIL 25, 1996 -- Faculty members and alumni petition the state to remove the university's trustees, charging that their ''divisive, destructive and costly actions'' threatened Adelphi's survival. JULY 31, 1996 -- The State Board of Regents opens hearings on Adelphi. As the first witness, Dr. Diamandopoulos says he never asked for a raise, even as the trustees more than tripled his salary. FEB. 10, 1997 -- The Regents vote to oust 18 of Adelphi's 19 trustees. (pg. B6) ''The Changing of the Guard'' The New York State Board of Regents dismissed 18 of Adelphi's 19 trustees, including the college's president, Dr. Peter Diamandopoulos. The only trustee who was not ousted was Donald Kagan, a Yale professor. IN WILLIAM A. ACKERMAN, partner, law firm of Ackerman, Levine & Cullen, Great Neck, L.I. BERNARD F. ASHE, former general counsel, New York State United Teachers BARBARA T. BARRANTES, vice president, IBJ Schroder Bank & Trust JOHN C. BIERWIRTH, former chief executive, Grumman Corporation RICHARD C. CAHN, partner, law firm of Cahn, Wishod & Lamb JILL CONWAY, former president, Smith College. VERA KING FARRIS, president, Richard Stockton College MICHAEL FINNERTY, chief financial officer, The Edison Project STEVEN N. FISCHER, C.P.A., president, Urbach Kahn & Werlin HAROLD S. GELB, chairman, the United Industrial Corporation PAM R. GRELLA, Comptroller, Glen Cove, L.I. STEVEN L. ISENBERG, former publisher, New York Newsday PHILIP H. JORDAN, JR., former president, Kenyon College JOHN D. MACOMBER, principal, JDM Investment Group DR. SHIRLEY M. MALCOM, administrator, American Association for the Advancement of Science S. BRUCE PANTANO, chief executive, Publishers Clearing House PHILIP S. WINTERER, former partner, Debevoise & Plimpton BARRY ZEMAN, president, St. Charles Hospital, Long Island OUT DR. KAREN ELIZABETH BURKE, dermatologist and surgeon JAMES T. BYRNE JR., vice president of Bankers Trust THOMAS J. CALABRESE JR., vice president of human resources, Nynex JOSEPH F. CARLINO, lawyer and former Assembly Speaker DIMITRI CONTOMINAS, chairman and chief executive of Interamerican Life Insurance RAYMOND V. DAMADIAN, one of the inventors of the magnetic resonance imaging ROBERT B. FRIEDMAN, businessman and investor, Long Island PETER J. GOULANDRIS, private investor HILTON KRAMER, publisher, The New Criterion and columnist for The New York Post ABRAHAM KRASNOFF, retired chairman of the Pall Corporation ELIAS J. KULUKUNDIS, president of the Midas Holding Corporation GEORGE LOIS, chairman of the Lois/USA advertising agency ERNESTA G. PROCOPE, chief executive, the E. G. Bowman insurance company LEONARD RIGGIO, president and chief executive of Barnes & Noble Bookstores NICHOLAS P. SAMIOS, director of Brookhaven National Laboratory JOHN R. SILBER, president, Boston University ANGELO SILVERI, president and chief executive of the Silverite Construction Company (pg. B6)

Barry R. Clarke is the Special Counsel to the Executive Office of the New York State Office of Court Administration. Prior to joining the New York court system in 1986, he served for eight years as an officer with the Triboro Bridge and Tunnel Authority. He is an active member of the Flatbush-Tompkins Congregationalist Church. Mr. Clarke earned his JD from New York Law School.

Monte Kurs is the Executive Vice President and Chief Operating Officer of BTQ Financial which provides financial management and consulting services to not for profit organizations. Mr. Kurs is also an Adjunct Professor of Management at New York University. Previously, Mr. Kurs has served as Chief of Staff to the Department of Obstetrics and Gynecology at Columbia University Medical Center, President of Alliance Funding, a division of Superior Bank, FSB, and Chief Operating Officer of the ADCO Group, a national real estate development company. From 1978 to 1987 he served in several positions in NYC municipal government, including Deputy Commissioner of the Department of General Services, Counsel to the Deputy Mayor and Deputy Criminal Justice Coordinator. He received his JD from Hofstra University Law School.

Betty Lugo is a partner in the firm of Pacheco & Lugo, the first Hispanic women-owned law firm in New York. From 1984 to 1987 she served as an Assistant District Attorney in Nassau County. She then joined the law firm of Jacobson & Schwartz as a litigation associate. She has been active in politics, and in 1997 she ran as a Republican and Independence Party candidate for the New York City Council. Ms. Lugo is an instructor with the National Institute for Trial Advocacy. She earned her JD from Albany Law School of Union University.

Thomas H. Roche is Deputy General Counsel and Senior Vice President at the Federal Reserve Bank of New York. From 1980 to 1996 he served in the United States Attorney’s Office for the Eastern District of New York, becoming Senior Litigation Counsel. Prior to joining the U.S. Attorney’s Office, Mr. Roche served the City of New York for nine years in the Department of Investigation as Assistant Commissioner, General Counsel and Examining Attorney. His other professional experience includes: Deputy General Counsel for the New York City Special Commission of Inquiry into Energy Failures, Research Consultant at the Stanford Research Institute, and Special Assistant District Attorney for Kings County. He served in the United States Army for two years as a Captain and General Staff Officer. Mr. Roche is a graduate of Bowdoin College and the Temple University School of Law.

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Selections of the Presiding Justice, Appellate Division, 1st Department

Thomas Curran is a partner with the law firm of Ganfer & Shore, LLP. Previously, he served in the New York County District Attorney's Office as Assistant District Attorney in the Major Offense /Career Criminal Program and the Frauds Bureau. Mr. Curran has also served as an instructor in the New York County District Attorney's Trial Advocacy Program, the New York City Police Academy, and the New York State Court Officers Academy. Mr. Curran started his legal career as a litigation associate at Lord Day & Lord, Barret Smith and later practiced law at the firm of Kirkpatrick & Lockhart. He received his J.D. from Fordham University Law School.

Jonathan L. Kimmel is an attorney who specializes in pension-related matters. Mr. Kimmel previously had a 20-year career as an attorney and executive with the City of New York, retiring in 2004. He represented former Mayor Koch on legislative issues and in intergovernmental relations and later became the Director for legal matters of the Teachers' Retirement System of the City of New York. Mr. Kimmel also serves as a public member of the City's Rent Guidelines Board. Mr. Kimmel received his bachelor's degree from the State University of New York at Stony Brook, his master's degree from New York University, and his J.D. from New York Law School. Before attending law school, Mr. Kimmel taught for more than eight years in Intermediate School 78 in Brooklyn.

Justice Bentley Kassal is a retired judge who has served at every level of the New York State Court System, including Civil Court, Supreme Court, the Appellate Division and Court of Appeals. Justice Kassal, who is currently counsel at the law firm of Skadden Arps, also served as a member of the New York State Assembly from 1957 to 1962. He also has served his country with distinction in the United States Army, and he is a retired major in the Air Force Reserves. Justice Kassal received his JD from Harvard Law School, which designated him as a Distinguished Alumnus in February 2002.

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Selections of the Presiding Justice, Appellate Division, 2nd Department

Leardo Luis Lopez is an attorney in private practice, practicing in the area of Immigration Law. Between 1993 and 2001, Mr. Lopez worked for Victim Services/Safe Horizon Immigration Law Project, providing immigration legal services to low income clients, concentrating in political asylum representation and legal assistance for victims of domestic violence and abuse. Mr. Lopez has represented clients before the Immigration and Naturalization Service (now called Citizenship and Immigration Services), the Executive Office for Immigration Review, the Board of Immigration Appeals and the Asylum Office. Mr. Lopez is a 1992 graduate of Benjamin N. Cardozo School of Law, and earned his undergraduate degree from CUNY/John Jay College of Criminal Justice.

Marisa Megur Seifan is an Assistant United States Attorney in the Eastern District of New York. She previously was an Associate at Cooley Godward Kronish LLP, where she practiced in the areas of white collar criminal defense, securities litigation, and complex commercial litigation. Marisa served as her law firm's pro bono liaison to The Legal Aid Society and received the Society's 2005 and 2006 Pro Bono Awards for outstanding service. Marisa also serves as a board member of the Coalition for Asian American Children and Families. Marisa received a J.D. from Georgetown University Law Center in 2001, where she was a member of the law review. She received her B.A. from Duke University.

Justice Daniel Joy retired from the bench in 2000 after serving 42 years in government. He spent 25 years specializing in housing matters, administering and enforcing housing laws of both the State and City of New York, and he served as the Commissioner of the New York City Department of Rent and Housing Maintenance. In 1983 he was elected to the Civil Court of the City of New York and two years later he was elected to the Supreme Court of the State of New York where he handled both civil and criminal matters. In 1993, he was appointed to the Appellate Division Second Department and that same year Governor Pataki appointed him to the State Commission on Judicial Conduct. Justice Joy received his LLB from Brooklyn Law School.

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Selections of Law School Deans

Columbia: Richard Briffault is the Vice Dean & Joseph Chamberlain Professor of Legislation at Columbia Law School. Before joining the faculty at Columbia in 1983, he was an Associate at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison, and then Assistant Counsel to the Governor of the State of New York. He served as a Member of Mayor Koch’s Early Childhood Education Commission, counsel on Governor Cuomo’s Advisory Commission on Liability Insurance, and as a consultant to the New York City Charter Revision Commission. He also served as the Executive Director on the Special Commission on Campaign Finance Reform of the Association of the Bar of the City of New York. He earned his JD from Harvard University.

Fordham: Edgar De Leon is a partner in the firm of De Leon & Martin, PLLC [NY-NJ]. The firm specializes in criminal defense, matrimonial/family law, and real estate transactions and serves as Impartial Hearing Officers for the New York State Department of Education. Mr. De Leon is a graduate of the Fordham University School of Law and Hunter College. He retired from New York City Police Department with the rank Detective-Sergeant. Mr. De Leon has served on the advisory boards of the Advanced Systems Technology Co. in Lawton, Oklahoma and Instructional Systems Inc. in Hackensack, New Jersey. He also served on the Board of Directors of Loisaida, Inc., a not-for-profit corporation in New York City. Mr. De Leon is the current President-Elect of the Puerto Rican Bar Association. He is a recipient of the Network for Woman’s Services Commitment to Justice Award (2000) and the Borough of Manhattan Community College’s Latino Honor Society Award (2001).

St. John’s: Jonathan Kingston is an attorney in private practice, providing pro bono counseling for consumer-fraud victims and specializing in civil litigation, particularly commercial collections. Before practicing law, Mr. Kingston was a spokesman for NY State Assemblyman Douglas Prescott in Queens. He later served as a Student Legal Specialist at the New York City Corporation Counsel’s Queens Tort Division. Mr. Kingston has defended general and product liability lawsuits for AIG as both staff counsel (Jacobowitz, Garfinkel & Lesman) and outside counsel (Cooper, Kardaras & Sharf, LLP). Mr. Kingston is a 1997 graduate of St. John's University School of Law, which he attended on full university scholarship. Mr. Kingston is a New York State-licensed Emergency Medical Technician and currently serves as Corporation Counsel to Oceanside Rescue Company #1 and South Communities EMS and is a member and benefactor of Middle Village Volunteer Ambulance Corps.

Jumat, 08 Januari 2010

January 27 2010 Meeting On Teachers Being Evaluated By Their Students' Test Scores

part five: January 27, 2010

Can New York City Teachers be Evaluated by their Students’ Test Scores? Should they be?

Sean Corcoran, Assistant Professor of Educational Economics, New York University


Wednesday, January 27, 2010 from 4:30 PM - 6:30 PM (ET)

Where
Professional Staff Congress, CUNY
61 Broadway, 16th floor
cross-streets Rector & Exchange Place
New York NY

In 2009, the New York City Department of Education developed a “value-added” model for measuring teacher effectiveness based on student test scores. This new measurement tool epitomizes a larger national movement to evaluate, promote, compensate, and dismiss teachers in part on the basis of their students’ test results.

Can standardized test scores be used as a meaningful measure of teacher quality? Should New York City teachers be evaluated based on their students’ performance on these tests? In this presentation, Sean Corcoran will describe some of the opportunities and challenges associated with value-added methods of assessing teacher quality. In particular, he will illustrate how standardized test scores can be used (or misused) in evaluating teachers. A particularly important issue is statistical uncertainty: because outside factors play such a large role in student progress, value-added estimates are only a crude estimate of a teacher's true effectiveness. Importantly, this uncertainty – and in turn the utility of value – added measures-varies across schools, grade levels, student subgroups, and communities. He concludes by assessing the potential for these new teacher assessment systems to improve student outcomes in urban school systems like New York.

Kamis, 07 Januari 2010

Richard Condon "Knew" About Principal Cedeno's Misconduct With Boys Yet Did Not Remove Him

Aha!! In my previous article I asked what happened to Principals and APs when the school they were working in was closed and they were excessed, and now we know what happens to administrators who have crossed the line...NOTHING.Evidently Richard Condon and his office (Special Commissioner of Investigation) had been contacted by people at Cedeno's school many months earlier - maybe up to a year earlier - than the date of the NY Daily News article re-posted below, about Cedeno's attacks on the boys in his school, but SCI did nothing about the reports. Anyone still believe that Condon does a good job out there??



Principal axed in perv scandal: Quintin Cedeno allegedly fondled boys at Queens HS
BY Clare Trapasso and Meredith Kolodner, NY DAILY NEWS, January 7th 2010,
LINK

Quintin Cedeno, principal at High School of Construction, Trades, Engineering and Architecture, was fired after allegedly fondling and soliciting sex from boys.

The principal of a popular Queens high school was fired Wednesday after he was accused of fondling and soliciting oral sex from several of his students.

Quintin Cedeno was yanked from the High School of Construction Trades, Engineering and Architecture after the disturbing allegations emerged.

A guidance counselor told investigators that a 15-year-old student accused Cedeno, 33, of asking him for oral sex.

In text messages, the principal allegedly propositioned the teen and reminded him that he'd bought him a T-Mobile Sidekick cell phone.

The student's mother told investigators that Cedeno sent more than 100 text messages to her son, including one that said, "All I did for you and you don't want to do for me. You've had a very easy ride so far. If everything stops then it all stops."

Several other students then told officials from the office of the special commissioner of investigation that Cedeno touched their private parts.

One 16-year-old student allegedly told Cedeno that he saw him as a father figure and asked the principal why he hit his genitals. Cedeno told the boy he was joking, the student told investigators.

Another student said Cedeno, who began his career as a math teacher in 2003, offered to buy him "anything" if he let Cedeno perform oral sex on him.

The fired principal told investigators he never offered to buy students gifts nor did he ask students for sex. He said any reference to his genitals was done in jest.

Cedeno, who was making $140,074, said he never called students after 9 p.m. He had no explanation when investigators showed him records of 37 calls to one student from September through November 2008, including one at 9:41 p.m. that lasted 82 minutes. He also allegedly sent the student 126 text messages.

Efforts to reach Cedeno by phone and e-mail were unsuccessful. He told his union he did not want to speak to the press.

The allegations have been referred to the Queens district attorney.

Students at the school were in shock about the allegations against Cedeno, who was also the school's assistant basketball coach.

"He was a good principal. He was just trying to get everyone on the track to graduate," said Tavone Johnson, 18, a senior at the school. "He held the school together."

"I don't believe any of that," said Tiffany Roa, a 17-year-old senior. "He wasn't that type of person. He was respectful to everybody."

mkolodner@nydailynews.com

Rabu, 06 Januari 2010

David Bloomfield on Closing Schools, and My Question: Where Do All the APs and Principals Go?

Joel Klein and his buddies are closing schools throughout New York City. What happens when a school closes? Kids have no where to go; teachers, staff, deans, school aides, Assistant Principals and other personnel go to....

hmmm. Now where is the holding pen for all the Assistant Principals whose school is no longer up and running? Many, or several, end up in a re-assignment center.

Paras, secretaries, other staff, who knows?

Finally, where do Principals go when his or her school closes?

Please let me know, or friend/blogger SOUTH BRONX SCHOOL. (See below)

Betsy Combier

Wednesday, January 6, 2010
Where Are The Excessed Administrators?
LINK

With all the talk of excessed teachers, the ATR pool, etc... got me to wondering. With all these school closings the last few years, doesn't that mean that there are a lot of excessed principals and assistant principals?

Where do these administrators go? I know Klein has given principals the right to hire their own AP's. Again, what happens to an administrator that has been excessed? How long do they stay on payroll?

Where is the outrage coming from Klein?

Just wondering.
Posted by A Teacher In The Bronx at 10:17 PM

Suicide By Educator
LINK



Closing Schools: A Call for Independent Review
by David Bloomfield



To write that I am a fan of closing failing schools is to fall into the same bombastic trap now enmeshing the Bloomberg administration. Before the Mayor took office, I wrote about the need to take forceful action against these educational mediocrities. But the wholesale closing and opening of schools that the Mayor has embarked upon is not the answer.

Replacing schools does not necessarily improve education. In the Mayor’s hands, it has become a shell game that defers instructional problems until they reappear elsewhere, to be met again with a similar reaction. Meanwhile, the often lengthy period of the schools’ decline — until so drastically and unconstructively arrested — has harmed thousands of students.

Until now, the Mayor’s strategy has been largely immune to public opposition. The Department of Education announced its hit list with little or no prior warning, the better to keep critics at bay. The new school governance statute, however, has created a process for notice and hearings that — while imperfect — will subject this year’s target list to formal scrutiny followed by likely approval by the mayor-controlled Panel for Educational Policy. Students, parents, teachers, and their supporters are organizing to reverse the DOE decree.

This is a public scenario that DOE operatives — probably with the best of technocratic intentions — wanted to avoid. School-based opposition was identified as the Achilles’ heel of reform after the failure of Mayor Giuliani’s initiative to have Edison Schools take over a number of failed schools. Families at the schools voted against the move.

But Bloomberg still seems committed to playing a power game despite the new legal landscape and a public increasingly fed-up with his paternalistic mien. His is likely to be a Pyrrhic victory, with his PEP majority ready to work his will but giving rise to increasingly mobilized school communities that will oppose even justified closings.

This warfare could be avoided if the Mayor took a different, more conciliatory tack. What is needed — both legally and instructionally — is to articulate a clear set of standards for determining school closures, with thorough review of actions taken to avoid the disruption attendant to this last resort and the possible impact of closure on other schools.

The Mayor has created a sense that these closures are less than inevitable but, rather, part of a considered strategy to free up space in certain schools for charters and preferred small schools. Rationales for school closure are a moving target. Some are cited for low graduation rates — though other schools, not slated for elimination, are worse. Or the emphasis shifts to enrollment, or application rates, or whatever other metric might appear deficient either currently or over time. The data seem a pretext for closure and, like so many dominoes, set up a new round of schools predetermined for failure.

These actions give the appearance of illegal caprice: the inconsistent application of otherwise rational criteria so that the action is ultimately unpredictable and subject to whim. If indeed there is a hidden, consistent rationale for these decisions, then it is the Mayor’s obligation to reveal it. Keeping the public off-balance through secrecy is deplorable. This is a typical private-sector strategy based on the competitive edge of proprietary trade secrets. The Mayor’s people still haven’t learned that such tactics are inappropriate in a democracy where an informed public is a paramount, legally-enforceable value.

The more objective, transparent, and deliberative process of school closure suggested here has been used successfully in State registration reviews and finds favor in State law. Education Law § 402-a recommends district creation of an Advisory Committee on School Building Utilization six months before a scheduled school closing, with a clear set of factors for committee review. This is a more independent process than the current New York City formula and could profitably supplement it without sacrificing urgency.

So far, though, Mayor Bloomberg has refused to see the writing on the wall. His unexpected announcement shortly before the holidays, of almost two dozen school closures with a quickly scheduled series of required hearings prior to the PEP determinations on January 26 manifests a continued disdain for the spirit of recent statutory changes.

As a result, the Legislature should publicly contemplate buttressing the new but demonstrably ineffective requirements of Education Law §§ 2590-e(21), 2590-f(1)(w), and 2590-h(2-A) with mandatory application of Education Law § 402-a unless the Mayor recognizes that his policy of intentional opacity will no longer be tolerated.

The days of Oz and the application of naked, self-justifying power are over. If the Mayor is right, then he should step from behind the curtain and allow independent review of his decision to close each school.

Minggu, 03 Januari 2010

Senator John Sampson Bites The Bloomberg Bullet



Senate Democratic Conference Leader John Sampson backs boosting charters to get federal aid
BY Glenn Blain AND Elizabeth Benjamin
DAILY NEWS ALBANY BUREAU, Tuesday, December 29th 2009, 6:04 AM
LINK

ALBANY - Senate Democratic Conference Leader John Sampson (pictured above) voiced support Monday for raising the number of charter schools in the state.

Sampson, a Brooklyn Democrat, said raising the state's cap on charter schools was necessary to qualify for much-needed federal aid.

"My philosophy is you have to be in it to win it," Sampson told reporters yesterday. "So I think we need to put ourselves in a position to take advantage of ... moneys that can come from the federal government."

In order for the state to compete for $700 million in federal funds, the Legislature must pass a law by Jan. 19 that would at least double the number of charters allowed in New York to 400.

Gov. Paterson and the state Board of Regents have called for the Legislature to raise the cap. Assembly Speaker Sheldon Silver, a Manhattan Democrat, has not indicated whether he'll support the measure, which is opposed by the state's powerful teachers union.

Sampson, in a wide-ranging session with reporters, also said the state Senate needs a "makeover" in the eyes of the public following a tumultuous 2009.

"There's a strong possibility that every one of us could be primary'd," Sampson said.

"That's why it's so important that we come out of the box in January and start really passing some progressive and positive legislation."

Sampson said ethics reform was an issue they hoped to address in January.

Sampson also said it will probably take a "couple of weeks or so" for the committee reviewing Queens Sen. Hiram Monserrate's misdemeanor assault conviction to recommend whether he should be kicked out of the Senate.

gblain@nydailynews.com

Sabtu, 02 Januari 2010

Looking At Klein's "Accountability" Data and School Closings, Nothing Makes Sense


An excellent analysis of the NYC DOE "accountability" data -

Thanks, Jackie!

Also read Ed In The Apple:

School Closings: It’s Never the Kid’s Fault, Punishment Leads to Recidivism, If Some Of Us Have Figured It Out, We Can All Figure It Out, Let’s Learn From Each Other

Ignoring Accountability, but Closing Schools
Posted By Jackie Bennett, EDWIZE, January 2, 2010 @ 12:11 pm
LINK

NYC’s accountability system — Progress Reports and Quality Reviews — has cost the city millions and millions of dollars and wrought infinite havoc on the schools. Terrified of being closed if they don’t satisfy the formulas and rubrics, schools recast the work they do for children into work they do for the system. To satisfy the demands of the Progress Reports, schools teach to deeply flawed tests. To satisfy the demands of Quality Reviews, they place their limited resources (time, money, people) on grooming the dogs and ponies for the reviewer. That is an unavoidable consequence of high stakes cultures, and one that (in the case of QR) probably dismays some DoE’ers as much as us.

But dismay aside, the DoE is utterly invested in its accountability system. It has been the favorite child, and actually the only child, of Chancellor Klein. It is also the one he takes on the road with him when he visits other states. And the message is clear: We are going by the data in New York, and using the data in sophisticated ways in our accountability system. If a school can’t meet the standards of the Progress Reports and Quality Reviews, well then, we just might shut it down.

Which is why it comes as some surprise to me to discover that the DoE pretty much tossed out its own accountability system when it named the schools it wants to close [1] this year. We know this because for the first time, the DoE has been forced to provide the school communities with Educational Impact Statements (EIS). In them, the DoE must explain why it wants to close the school.

That DoE standard is comprised first and foremost of grades on the Progress Reports and Quality Reviews. Yet, though the standard brazenly asserts itself in the EIS, the DoE just as brazenly ignores it. In fact, of the twenty schools proposed for closure, fourteen scored above the basic criteria for being considered for closing (they did better, in other words). Nonetheless, if the DoE gets its way, then they will close.

Whether or not that ought to happen, I don’t know. I do know we are spending an awful lot of time on an accountability system that was tossed out in the end.

But let’s take a look at the EIS [2] for just one of the schools that the DoE hopes to close. Let’s compare it to the standard. In the EIS for The School for Community Research and Learning (SCRL), the DoE writes:

“Under the DOE’s accountability framework, schools that receive an overall grade of D or F on the Progress Report….”

[SCRL received a C this year and has never had a D or F.]

…[or] schools receiving a C for three years in a row…

[SCRL has not had three C’s. Last year it received a B.]

…and a score below Proficient on the Quality Review are subject to school improvement measures. If no significant progress is made over time, … closure is possible.

[SCRL has a “Proficient” on its Quality Review. Here are a few of the many fine things the Reviewer had to say:

•The high expectations of teachers, students and parents are in evidence in all aspects of the work of the school.
•Students in greatest need of improvement receive valuable support from the teachers and other staff and make good progress in their achievement levels.
•There are good communication systems, which engage parents as partners in their children’s education.
That report was written just two years ago. Last year, the school did not have a Quality Review because schools with B’s and “Proficient” were functioning well, and therefore were exempt.

This year, the DoE wants to close the school.

The DoE recognizes that it is ignoring its own accountability system and in fact says that for SCRL “the overall scores on the DOE’s accountability tools do not meet standard criteria for closure.”

Good point. Nonetheless, the school is slated for closure, and so to justify that closing, DoE does some reaching. With each reach the justification gets curiouser and curiouser, and then curiouser again.

First, DoE says that the school received a D on some sub-grades. But sub-grades are rolled into the overall grade. SCRL’s overall grade was a C. Closing a school for a failing sub-grade is like expelling a student because he failed in Math. Besides are all the other kids with sub-grade D’s getting expelled? (The answer’s no.)

Second, DoE says the problem is that the graduation rate is low.

Say what? What do we need Progress Reports for if we are going to resort to the crude raw numbers of graduation rates when it comes time to judge a school? Wasn’t that the point of all these formulas? To evaluate schools fairly against the challenges they face? SCRL serves one of the toughest populations in the city: 25% of its kids are special education. The Progress Reports are far from perfect, but no one believes it would be an improvement to simply close the schools according to their flat-out graduation rates. That suggestion would be laughable coming from the data-driven DoE, if it weren’t so serious for the communities involved.

And DoE’s final rationale: it “conducted an assessment of the school’s capacity to improve.” So, why exactly are we paying for Progress Reports and Quality Reviews, and turning the schools upside down to prepare for them if in the end, the school will be shut by a mysterious “assessment”?

What is true of decisions about SCRL’s proposed closing is true of a lot of the schools throughout the city. Of the 20 schools chosen for closing:

•Thirteen were found to be Proficient on the Quality Review
•None had an F and eight did not have a D either.
•Three did not have three C’s in a row.
And, by the way, six are in good standing with the State.

Ultimately, with SCRL — and in fact a lot of the schools that DoE wants to close — the decision seems arbitrary, or else based on the demographics of the students rather than the quality of the schools. The schools proposed for closing have on average significantly more vulnerable populations than the city in general, but are not necessarily the ones that have failed on Progress Reports and Quality Reviews.
--------------------------------------------------------------------------------

Article printed from Edwize: http://www.edwize.org

URL to article: http://www.edwize.org/ignoring-accountability-but-closing-schools

URLs in this post:

[1] schools it wants to close: http://www.edwize.org/the-closing-of-new-york-city-public-schools-a-case-of-persistently-failing-doe-management

[2] look at the EIS: http://www.edwize.org/wp-content/uploads/2009/12/X540_EIS.pdf

The Closing of New York City Public Schools: A Case of “Persistently Failing DoE Management”

Posted By Leo Casey On December 13, 2009 @ 7:05 pm In Education, NYC DOE | Comments Disabled

With the last of the official announcements of the schools targeted for closure by Chancellor Klein, the final grim toll can be tallied. An unprecedented twenty-one schools have been told that the Department of Education will begin their phase out in September 2010. Fifteen of those schools — a completely disproportionate number — were high schools.*

With this wide swath of devastation, there can be no illusion that this is a process based on an educational calculus. The evidence simply tells a very different story: the Chancellor could not close significant numbers of Elementary and Middle Schools, once 97% of them scored A and B on School Progress Reports that so heavily weighted the wildly inflated and broken state exams. So Klein decided that to reach his targets, he would close high schools in much larger numbers. Among the high schools slated for closure are schools which are in good standing with the New York State Education Department and schools which are meeting their Annual Yearly Progress benchmarks under No Child Left Behind, as well as a school which just received the school-wide bonus. The list includes schools which never received a School Progress grade lower than C, and schools which actually improved on every measure in the School Progress Reports.

Why take a machete to New York City public high schools in this way? The reason is not difficult to decipher. The Chancellor needs a great deal of space in public school buildings to pursue his political and ideological agenda of creating and supporting new charter schools and new DoE schools. Since it had become politically untenable to create that space by closing large numbers of elementary and middle schools, the space would have to be found in high schools.

What is telling is that the one high school which received an F grade this year, Peace and Diversity Academy in the Bronx, was passed over when schools were chosen for closure. DoE representatives said that the school had been unfairly bounced [1] from location to location like a ping pong ball, and that this was the major cause of the school’s plummeting graduation rate. Of course, the DoE spokespersons puts these failures in the passive voice — the infamous ‘mistakes were made’ — in which no one takes actual responsibility for what was done wrong. In DoE-speak, accountability is a term that applies only to educators and schools, not educrats. Restore the active voice, however, and they are exactly right: what DoE officials at Tweed did to Peace and Diversity was inexcusable, and the school community should not be punished for the failures of DoE management.

But the same case can be made for high school after high school that were closed. In case after case, Tweed’s mismanagement was directly responsible for whatever trials and tribulations the school is experiencing. There are schools on that list that have had thoroughly incompetent and inept administrations, brought to the attention of Tweed by the UFT, schools where DoE officials acknowledged the problem and promised changes — only to fail to follow up. Now the school communities are being told that they need to bear the burden of Tweed’s failures.

Just as importantly, the DoE concentrated students with the greatest need in the schools slated for closure: high schools receiving an A grade had an average peer index of 2.53, while high schools receiving a D and F grade had an average peer index of 2.13 — a very robust and significant difference, with schools receiving a D and F grade bearing a far heavier concentration of need. [The 'peer index' is the DoE's own measure of the concentration of need: for high schools, it is based on the 8th grade ELA and Math exam scores, adjusted for the numbers of Special Education students and overage students.]

Equally significant is the contrast in students with special needs: when compared to schools receiving an A grade, schools receiving a D grade had nearly a third more special education students, with all of the additional number coming from students with the more severe learning disabilities. Schools receiving a D grade have, on average, four times as many students with the more severe learning disabilities.

HIGH SCHOOLS RECEIVING ‘A’ GRADES


HIGH SCHOOLS RECEIVING ‘D’ GRADES

11.5% OF STUDENT POPULATION


16.5% OF STUDENT POPULATION

9.15% IN LEAST RESTRICTIVE ENVIRONMENT


9.2% IN LEAST RESTRICTIVE ENVIRONMENT

1.9% IN MORE RESTRICTIVE ENVIRONMENT


7.67% IN MORE RESTRICTIVE ENVIRONMENT

Yet what extra supports has the DoE given these schools to aid their efforts to teach such concentrations of the highest needs students? Where are the funds for lower class size, the caps that keep the schools from being overcrowded, the assistance in establishing special programs to meet the needs of their student population, the provision of meaningful professional development?

What distinguishes the schools the Chancellor slated for closure from Peace and Diversity is not Tweed’s failures or the DoE’s responsibility for their current plight, but the fact that Peace and Diversity was a small school created on Joel Klein’s watch — it was one of the select circle Klein likes to call “my schools,” as if every public school should not belong to a Chancellor with a seven year tenure. When it comes to a high school created before Klein’s reign, be it large or small, Tweed accepts no responsibility for its management failures.

THE COLUMBUS STORY

One school which is being slated for closure — Columbus High School in the Bronx — exemplifies the profound injustice that is being done to closing high school communities. Before Klein’s tenure and the creation of legions of small high schools in the Bronx, Columbus had a significant, but manageable concentration of high needs students. But as surrounding comprehensive high schools were closed and small schools which took very few high needs students opened, it was sent more and more high needs students. Today, nearly in 1 in every 5 students are English Language Learners [ELL], and nearly 1 in every 4 Columbus students are Special Education, with the bulk of these — 13% of the school’s population — in a more restrictive setting. Last year’s graduation cohort entered Columbus four years earlier with only 6% meeting ELA standards and only 14% meeting Math standards. The bottom third of the population sent to the school is made up entirely composed of students with scores of 1 on the state exams — far below standard.

By the DoE’s own peer index standard, Tweed created in Columbus High School the second highest concentration of need in New York City’s 400 high schools. But the peer index is calculated in a way that fails to capture a great deal of the need concentrated in Columbus, such that the true picture is much more dire than DoE statistics acknowledge. The peer index for high schools measures from 8th grade test scores, but a very significant portion of Columbus students have no 8th grade scores — in large part, these are ‘over the counter’ admissions spread out over the school year. They include recent immigrants who do not speak English and often have interrupted formal education in their native country, students returning from correctional institutions such as Rikers Island, and transfers from the citywide Special Education and Alternate High School districts. In short, these are students with the greatest need, but are largely unaccounted for in the peer index of the School Progress Reports. To have an idea just how many of these students Columbus receives, note that half of their students taking the ELA and Math Regents exams last year had no 8th grade scores and that last year Columbus received 360 over the counter admissions — over 25% of their total student register. ['Over the counter' admissions are a crucial measure of need not simply because those students are disproportionately drawn from the pools of highest need, but also because the way in which they are sent to a school, by dribs and drabs over the course of a school year, disrupts the school's program and schedule and deprives the students of the full term of instructions in their classes. Schools with admissions tests, screened programs and small high schools receive virtually no 'over the counter' admissions, leading to their concentration in large comprehensive high schools like Columbus.]

The ‘peer index’ also fails to distinguish between special needs students in the least restrictive environment and in a more restrictive environment, failing to take into account the greater challenge posed for high schools with large numbers of students with the most severe learning disabilities, such as is the case with Columbus.

If the c0ncentration of need were not bad enough, Tweed also overcrowded Columbus. When last year’s graduation cohort entered Columbus in the fall of 2004, Tweed had the school operating at 180% capacity. Since the building was being shared with small schools, this left Columbus with no choice but to go on back-to-back schedules: 7 AM to 12:30 PM, and 12:30 PM to 6 PM. The academic program was stripped down to the absolutely essential, and the extra-curricular activities were decimated. With the difficult schedules, truancy and cutting increased, as students skipped classes to go to jobs and pick-up siblings from their schools.

The top leadership of the DoE understood full well what they have been doing to Columbus. When Michelle Cahill [2] was Senior Counselor for Education Policy at the DoE, she commissioned a study [3] by the Parthenon Group [4] which examined, among other things, how different high schools performed with high needs students. They found that there was a tipping point at which the concentration of high needs students became so overwhelming that it created an obstacle virtually no school could completely overcome. When it comes to the high schools created in the last seven years which the Chancellor calls “my schools,” Tweed goes to extraordinary lengths to avoid such overwhelming concentrations of need. But not so for Columbus and other older high schools. At various time over the last five years, the UFT and others have raised with the DoE leadership the admissions policies that created this overwhelming concentration of need at Columbus High School, to no avail.

Last June, when the New School’s Center for New York City Affairs studied [5] the reform process in New York City’s public high schools, it found that the DoE’s creation of new schools had significant “collateral damage.” [6] The disproportionate concentrations of high needs students in closing schools were not redistributed, but deflected almost entirely to neighboring comprehensive high schools which then began to decline. If one looks at a map of the large comprehensive high schools just announced for closure, one can see that they are geographically proximate to schools that were closed in previous years: Maxwell proximate to Jefferson, Bushwick and Franklin K. Lane; Paul Robeson to Prospect Heights, Wingate, and Tilden; Norman Thomas to Martin Luther King and Park West; Beach Channel to Far Rockaway; Smith to South Bronx… and Columbus to Evander Childs and Adlai Stevenson.

But the tale of what Tweed did to Columbus is only half of the story. Faced with this challenge, most schools would have surrendered. Not Columbus. With an accomplished staff, a preeminent Teachers Center, and a caring, excellent leadership, they rolled up their sleeves and went to work: they would find a way to educate and care for whomever Tweed sent to them. The school reorganized into four small learning communities in the 9th and 10th grades, and created another program focused on career and educational future in the 11th and 12 grades. Special programs were created for students with particular challenges: ‘Boys to Men’ for male students with severe behavioral issues, ‘Women’s Empowerment’ for analogously situated female students and Renaissance Academy for students with substance abuse, teen pregnancy and physical abuse issues. They put together an ELL program to support the large numbers of ELLs they educate. Here is a powerful video [7] Columbus put together on its programs.

In its justification for its decision to close Columbus, the Department of Education points to absolute measures such as four year graduation rates and Regents passing. What it fails to provide is any context for those statistics. Tweed cites the fact that only 50% of last year’s graduation cohort met standards for ELA, but it neglects to point out that the school made dramatic progress, given that only 6% of that cohort met ELA standards when they entered the school. It makes much of the four graduation rate, but fails to note that Columbus sticks by its high needs students as long as it takes and graduate large numbers in 5, 6 and 7 years. Indeed, the latest 7 year graduation rates [8] [p. 24] shows Columbus at 81.5%, nearly ten percentage points better than the citywide average of 72.2%. Finally, it ignores the fact that the same flaws in the School Progress Reports that failed to account for the true depth of need created at Columbus by its admissions policies [the reliance upon 8th grade test scores] also meant that the school did not receive full progress credit for advancing those high needs students who did not take those exams — fully 1/2 of the Columbus cohort. The School Progress Reports simply do not provide an accurate grade of the excellent work down at Columbus HS.

In sum, when the DoE asserts [9] that “Christopher Columbus has shown a lack of capacity to improve student performance in significant and consistent ways,” it is not only dead wrong, but attempting to shift responsibility for the immense challenges and obstacles it created for a praiseworthy high school community.

PERSISTENT FAILED MANAGEMENT: DÈJÁ VU ALL OVER AGAIN

What is particularly unfortunate about Chancellor Klein’s decision to target twenty-one schools for closure is that it is not simply the culmination of Tweed’s persistent management failures at those schools, but the breeding ground of yet more rounds of failure. All one has to do is read the DoE’s educational impact statements [10] to realize that it does not have any meaningful plans for replacing the high school seats it is eliminating through the closure of 15 high schools. If Chancellor Klein gets his way and these closures take place, there will be massive overcrowding once again at comprehensive high schools neighboring closing schools. Immense concentrations of high needs students will be sent to these schools, tipping them toward failure. In budgetary hard times, the Absent Teacher Reserve pool will be flooded by educators excessed from closing high schools, as they will not be able to find new high school positions.

What needs to be phased out are not New York City public schools, but the persistently failed management of the New York City Department of Education.

_______________________________________________

* For the sake of clarity, the list follows. [Since New Day Academy is a 6-12, it has been counted twice on some lists.]

ELEMENTARY SCHOOLS
PS 332, D23

MIDDLE SCHOOLS
ACE M344, D5
KAPPA II M317, D5
Middle School Grades of FREDERICK DOUGLAS III, D9
MIDDLE SCHOOL FOR ACADEMIC AND SOCIAL EXCELLENCE K334, D17

HIGH SCHOOLS
COLUMBUS X415
GLOBAL ENTERPRISE X541
PAUL ROBESON K625
NORMAN THOMAS HIGH SCHOOL M620
BEACH CHANNEL HIGH SCHOOL Q410
ALFRED E. SMITH X600
BUSINESS, COMPUTER APPLICATIONS & ENTREPRENEURSHIP HIGH SCHOOL Q496
CHOIR ACADEMY OF HARLEM M469
MONROE ACADEMY FOR BUSINESS/LAW X690
ACADEMY OF ENVIRONMENTAL SCIENCE SECONDARY HIGH SCHOOL M635
JAMAICA HIGH SCHOOL Q470
NEW DAY ACADEMY [6-12] X245
ACADEMY OF ENVIRONMENTAL SCIENCE M635
W. H. MAXWELL CAREER AND TECHNICAL EDUCATION HIGH SCHOOL K660
METROPOLITAN CORPORATE ACADEMY HIGH SCHOOL K530
SCHOOL FOR COMMUNITY RESEARCH AND LEARNING X540

Article printed from Edwize: http://www.edwize.org

URL to article: http://www.edwize.org/the-closing-of-new-york-city-public-schools-a-case-of-persistently-failing-doe-management

URLs in this post:

[1] unfairly bounced: http://www.nydailynews.com/ny_local/education/2009/11/18/2009-11-18_frated_bx_school_kept_getting_boot.html

[2] Michelle Cahill: http://www.carnegie.org/sub/about/cahill.html

[3] a study: http://www.nytimes.com/2006/10/22/nyregion/22dropout.html

[4] Parthenon Group: http://www.parthenon.com/

[5] studied: http://www.newschool.edu/Milano/nycaffairs/publications_schools_thenewmarketplace.aspx

[6] “collateral damage.”: http://www.newschool.edu/Milano/nycaffairs/publications_schools_thenewmarketplace_fourtharticle.aspx

[7] powerful video: http://www.youtube.com/watch?v=vQlqYz_moL0

[8] 7 year graduation rates: http://schools.nyc.gov/Accountability/Reports/Data/Graduation/Class_of_2004_Final_Longitudinal_Report_shortversion.pdf

[9] asserts: http://schools.nyc.gov/NR/rdonlyres/F0043783-8608-433C-855E-99228622A268/73557/11X415ChristopherColumbus7.pdf

[10] educational impact statements: http://schools.nyc.gov/AboutUs/leadership/PEP/publicnotice/Proposals+1-26-10.htm

Jumat, 01 Januari 2010

A Personal Goodbye To The Tavern On The Green



I want to take a few seconds of your time to remember a great New York Institution, Tavern On The Green in Central Park.
When I heard that Tavern on the Green was in bankruptcy I was very sad because I knew the owner, Werner Leroy see below.. He was quite a character, and somebody that the minute you met him knew he was a Force. What do I mean by a "Force?"? Someone to be reckoned with; Someone who made a difference, and was not Afraid.

Werner Leroy

When I was the producer of the Cue TV magazine on Channel J I went to the opening of Tavern On The Green in 1976 with my camera crew. I saw Andy Warhol, and I asked him if I could videotape him for the camera. I said, "Just one word!" A few minutes later Mr. Warhol said exactly what I asked him: "One".
Nevertheless, Tavern On The Green is an icon, and I hope that the new owners respect the legacy that the 'old' Tavern has in New York City.

January 2, 2010
A Last New Year’s Eve Toast for Tavern on the Green
By GLENN COLLINS

It ended as it all began, in a rush of light. But even the brilliance of its mirrored corridors, twinkling trees and shimmering heirloom chandeliers could not avert the bankruptcy blackout of Tavern on the Green.

And so there was a last waltz. With formidable revelry and not a few tears, some 1,700 New Year’s Eve celebrators paid $125 to $500 a person for the privilege of welcoming 2010 with a last, vast, rollicking hurrah for the landmark restaurant in Central Park.

It shuttered after 4 a.m. Friday for at least six weeks before facing an uncertain future: a new operator, a new décor and possibly even a new name.

“Obviously there is sadness here, but I think Warner would be very happy about how we finished this,” said Michael Desiderio, Tavern’s chief operating officer, referring to Warner LeRoy, the legendary restaurateur who reinvented it in 1976. “He gave a wonderful gift to New York, so in a way, this is a celebration.”

Shelley Clark, a spokeswoman, said that Jennifer Oz LeRoy, the 30-year-old chief executive of Tavern, was too distraught to attend, explaining that it would have been unseemly “for her to be celebrating when so many people would be out of work.”

Ms. LeRoy presided over the end of her family’s long reign after her father, Mr. LeRoy, died in 2001 at the age of 65. Some 20 million patrons have visited since 1976.

Given the historic import and sheer scope, it was the night’s most prominent celebration, said Andrew Fox, who heads Newyears.com, which hosted more than 40 New York parties on Thursday night.

There were 300 seated partygoers in the restaurant’s Park and Chestnut Rooms, and the remainder of the guests roved among the buffet tables, open bars, disc jockeys, jazz ensembles and strolling guitarists in the Crystal, Rafters and Terrace Rooms. By 10 p.m. every nook, cranny and crevice of Tavern was jammed.

Outside, in the run-up to midnight, an unending sleet-pelted line of limos at Warner LeRoy Place — the official name of the 67th Street extension to Tavern’s front door — delivered guests who queued in a slushy shuffle until they could enter the winter palace.

Inside, wreaths ringed the stained-glass windows. Lasers played on the Waterford chandeliers. Santa stockings dangled from the rafters. And holiday swags swathed the mirrored walls.

The party was a destination for some visitors at the sold-out event. “This is the last night to be part of the history,” said Judy Tucker, who traveled from Houston with her husband, Larry, just for the party because “it was the place to come to.”

Reminiscences were rampant. Anthony J. Micari, 68, and his 66-year-old wife, Maria, recalled their wedding — and reception for 130 — at Tavern on June 4, 1972. “We think it’s the most beautiful place in the world,” he said.

They were happily tucking into their menu of Hudson Valley foie gras, tataki bluefin tuna salad and rack of Colorado lamb.

“This really was the place to celebrate,” said Tony Musich, a retired telecommunications manager whose wife, Mary Ann, was a Tavern regular.

Even Mr. Desiderio shared his Tavern memories: He met his wife, Karen, in the restaurant 13 years ago, and “I grew up here,” he said.

There were, however, first-timers in the crowd. “I can’t believe it’s so big,” said Stephanie Stuart, navigating the corridors with Bob Stoddard, who had asked her out on what she said was “a great New Year’s date.” She had a sense that history was being made, “and in the future,” she said, “I think it will mean something to us that we were here.”

But if Tavern’s flameout was Champagne-rich, the restaurant’s outlook was grim.

In August the city awarded a 20-year license starting in 2010 to a new Tavern operator, Dean J. Poll, who runs the Boathouse restaurant in Central Park. Mr. Poll has yet to sign a contract with Tavern’s landlord, the Department of Parks and Recreation. His lawyer, Barry B. LePatner, said before New Year’s that “we expect to finalize an agreement with the city shortly,” but a key to that accord is a settlement with the powerful Hotel Trades Council, the union that represents some 400 Tavern employees. Negotiations are stalled.

And the restaurant’s vast assemblage of candelabras, samovars, weather vanes, sculptures, murals, prints, lighting fixtures, topiaries and other eccentric assets is to go on the auction block in a three-day sale at the restaurant by Guernsey’s auction house, scheduled to begin Jan. 13.

The assets of Tavern are being aggressively contested in two federal courts as hundreds of butchers, bakers, balloon artists and other purveyors try to keep alive their hopes for repayment. In dispute is even the ownership of its name.

Some Tavern staffers professed optimism despite the tear in the eye. “I fully believe this staff will return,” said Wendy Baranello, a 57-year-old server who has worked the tables at Tavern for 32 years. “We’ve had a good long run, and I think Mr. Poll will make it even longer.”

To another server, Jesus Montesano, the staff of Tavern “is a family,” he said, “and we hope we can keep our family together.”

The name-ownership issue has been a flash point in Tavern’s bankruptcy case because the name — which has been appraised at $19 million — is potentially the restaurant’s most valuable asset.

But early Friday morning, the restaurant still called Tavern on the Green was aglow in its swan song. And as the party-hardy partied on, Tavern on the Green did not go gentle into that good night. “It was about getting this night right,” said Mr. Desiderio, perhaps speaking for all of those who would rage, rage, against the dying of the light.