SCI Part 11 – “There are No Whistleblowers in the NYCDOE”

I hope no one dresses as a whistleblower this Halloween, because you are not welcomed here in NYC DOE.

After several months of not writing about the corruption at the NYC Special Commissioner of Investigation, it appears that we have to continue with our SCI series. It appears Mayor Bill de Blasio and new Department of Investigation Commissioner Mark Peters have made little effort to clean up 80 Maiden Lane. If you missed the last 10, they are here:

Part 1:?The Special Commissioner of Investigation?s Hand is in the Pocket of the Chancellor?
Part 2:?A Tale of Two Videos
Part 3:?Principal, Playboy and NY Post?Oh My!
Part 4:?$ubpoena with a Capital $
Part 5:?Faulty Investigations
Part 6:?Making It Rain
Part 7:?Using 7yr Old Vista to Monitor Portelos
Part 8:?Planting Files and Confiscating Computers
Part 9:?Commissioner Suddenly Finds ?Errors? in their Investigation
Part 10:?SCI Tampers with Video Evidence?

If you go to the NYC Department of Investigation or NYC Special Commissioner of Investigation’s websites, you will see a logo with a worm in an apple and a link stating “We get the worms out of the Big Apple” and “To make a complaint, Contact Us at our 7-day/24-hour hotline: (212) 510-1500. All calls are confidential. Whistleblowers are protected.

In June of 2012 I?met with SCI Special Counsel?Daniel Schlachet. I basically stated that?I contacted the SCI?office on January 26, 2012 and reported my former Principal Linda Hill was stealing from the?taxpayers by clocking in for the School Leadership Team and another afterschool program at the?same time. After that I was retaliated against by the administration and therefore requested whistleblower protection. In January 2013, many months later and after continuous retaliation by the DOE, attorney?Daniel Schlachet?responded in?sum and substance “No you weren’t retaliated and your request is denied.” In his final report he references some made up stories about “Facebook” and some unknown “schoolyard incident” that never happened. He obtained his information from none other than former District 31 Superintendent Erminia Claudio and Principal Linda Hill. Two people I am currently suing in Federal court.

Since then Daniel Schlachet’s name has come up a lot by the many teachers, parent and even DOE vendors who contact us for advice and guidance in fighting back. In each case, Daniel Schlachet, Regina Loughran , Richard Condon denies their whistblower complaints.

I thought to try and obtain some more data on this topic.

Below is information that I received in response to a Freedom of Information Law (FOIL) request I sent to SCI attorney and records officer Ann Ryan, Esq. I now share this stunning revelation in?my series called FOIL Friday:

I wanted to know how many actually applied for whistleblower protection with SCI and I sent this email

>?————————————–

From: Francesco Portelos <mrportelos@gmail.com>
Date: Sun, Aug 24, 2014 at 10:04 PM
Subject: FOIL SCI Whistleblower
To: Ann Ryan <aryan@nycsci.org>
Cc: Daniel Schlachet <dschlachet@nycsci.org>

Dear Ms. Ryan,

Pursuant to the New York Freedom of Information Law, please send me copies by Email of the following records:

– The number of whistleblower protection requests to SCI from 1/1/06 to 8/24/14.

– The number of granted whistleblower protection complaints from 1/1/06 to 8/24/14.

I would appreciate a response within five business days of receipt as required by law.

Thank you for your cooperation.

Sincerely,

Francesco Portelos
Parent
Educator
www.educatorfightsback.org
www.DTOE.org

————————————–

?Well… I received a response and I hope you are sitting.

Ready for the response?

—————-

Dear Mr. Portelos:

I am in writing in response to your e-mail message received on August 25, 2014, in which you requested, pursuant to the Freedom of Information Law (?FOIL?):

– The number of whistleblower protection requests to SCI from 1/1/06 to 8/24/14.

– The number of granted whistleblower protection complaints from 1/1/06 to 8/24/14.

For the time period of January 1, 2006 through August 24, 2014, SCI opened 207 cases involving the Department of Education which might implicate the Whistleblower Law.? These matters came to our attention through various sources including individuals, their representatives, and government agencies or departments.? SCI found no violations of the Whistleblower Law; some matters are pending.

Should you wish to appeal our response to your request, you may send written notice within 30 days to Regina Loughran, FOIL Appeals Officer, at 80 Maiden Lane-20th Floor, New York, New York 10038.?

Very truly yours, Ann E. Ryan, Records Access Officer

————————–

No whistleblower violations in 8 years? Wait, 207 citizens applied for whistleblower protection and none were granted? With all the news on corruption and theft, how have none who reported it been protected? Not one whistleblower in all the NYC DOE?

Here is the logo from their website. I added that fishing hook, because in reality there is no protection to whistleblowers and the worm seems to be more like bait.

There are no whistleblowers in NYC DOE

The BAIT: There are no whistleblowers in NYC DOE.

I hope you forward this post to DOI Commissioner Mark Peters, Mayor Bill de Blasio, Deputy Mayor Anthony Shorris, Councilman Vincent Gentile (Investigation Oversight Committee, Councilwoman Melissa Mark-Ververito (Speaker) and ?Councilman Danny Dromm (Education Chair)

Copy and paste:

mpeters@doi.nyc.gov, bdeblasio@cityhall.nyc.gov, ddromm@council.nyc.gov, mviverito@council.nyc.gov, ashorris@cityhall.nyc.gov,?vgentile@council.nyc.gov

UPDATE: Seems someone sent it to them as this link shows that someone in the NYC Council is reading it. Question is…”What will be done?”

NYC Council Whistleblower Laws

NYC Council is aware of the issues regarding NYC DOE Investigative procedures.

See also:

www.legalmatch.com/law-library/article/whistleblower-laws-in-new-york.html

www.ag.ny.gov/labor/fired-your-job

http://codes.lp.findlaw.com/nycode/LAB/20-C/740

http://nycsci.org/public/whistle_law.pdf

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$ADC12-113$$@TXADC012-113+&LIST=LAW+&BROWSER=+&TOKEN=26689621+&TARGET=VIEW

The state Whistleblower Law (Labor Law ?740) doesn’t seem to apply, but NYC’s local law (New York City Administrative Code ?12-113), which is a lot more general, does.

a substantial and specific danger to the public health or safety, or which constitutes health care fraud – See more at: http://codes.lp.findlaw.com/nycode/LAB/20-C/740#sthash.4Zui2g36.dpuf

a substantial and specific danger to the public health or safety, or which constitutes health care fraud; – See more at: http://codes.lp.findlaw.com/nycode/LAB/20-C/740#sthash.4Zui2g36.dpuf

a substantial and specific danger to the public health or safety, or which constitutes health care fraud; – See more at: http://codes.lp.findlaw.com/nycode/LAB/20-C/740#sthash.4Zui2g36.dpuf

 

About Francesco Portelos

Parent and Educator fighting for the student and the teacher.
Bookmark the permalink.

3 Comments

  1. It’s pure and simple, IT IS NOT WITHIN THE BEST INTEREST OF THE DOE TO HAVE WHISTLEBLOWERS BECAUSE THERE IS WHISTLEBLOWER PROTECTION, WHICH INCLUDES AND IS NOT LIMITED TO IMMEDIATE DISMISSAL OF ANY PRINCIPAL OR SUPERVISOR WHO RETALIATES AGAINST THE WHISTLEBLOWER. THEREFORE THE SCI, WORKING HAND AND FOOT WITH THE DOE WILL NEVER (MAYBE 20 YEARS AGO WHEN THEY WERE CLEAN) I REPEAT NEVER DESIGNATE YOU A WHISTLEBLOWER. THEY WILL KICK IT TO OSI WHICH WONT INVESTIGATE IT. AND IF YOU FOLLOW UP ON YOUR COMPLAINT, THEY WILL TELL YOU, “…IT’S A UNION MATTER” YEAH RIGHT UNION MATTER……… LADIES AND GENTLEMAN, I GIVE YOU THE TRIUMVIRATE OF CORRUPTION: SCI, DOE AND UFT.

  2. WHAT DOES A PRINCIPAL DO IN THEIR DEFENSE WHEN FACED WITH AN EMPLOYEE UNDER THEIR CHARGE SEEKING WHISTLEBLOWER PROTECTION??? THEY WILL FABRICATE INCIDENTS TO UNDERMIND ONES CREDIBILITY IN THE EYES OF THE INVESTIGATORS BY NOT ONLY LINING UP ALL THEIR CRONIES AGAINST THE INDIVIDUAL BUT ALSO FABRICATING CERTAIN INCIDENTS WHICH MAKE THE SEEKER OF PROTECTION APPEAR IN A MOST UNFAVORABLE LIGHT… AS I HAVE TOLD MANY PEOPLE I KNOW, THE DOE IS LIKE THE MILITARY…. WHAT DOES THE MILITARY DO WHEN THEY WANT TO GET YOU? THE SAY YOU ARE EITHER CRAZY, ON DRUGS OR RAPED SOMEONE.

  3. wow…sadly this is all true….those of us still having to work for the DOE are surely in the belly of the beast daily…..

Leave a comment and tell me what you think.