Showing posts with label Special Investigator Condon. Show all posts
Showing posts with label Special Investigator Condon. Show all posts

Tuesday, August 18, 2015

How the Chancellor and Mayor have allowed DOE's reputation to be sullied by refusing to clean house



In a piece in yesterday’s Gotham Gazette, I tried to put the recent credit recovery scandals in context and proposed an alternative vision for NYC struggling schools.  Please take a look and let me know what you think!

In that article, I noted that despite many months of pleading by teachers, and numerous exposes featured in the newspapers and on TV, DOE’s internal investigative unit, called the Office of Special Investigations (OSI), dragged its feet before confirming that Dewey HS principal had engaged in an illegitimate credit recovery scheme to boost graduation rates.   In the meantime, the Chancellor and the Mayor both minimized the news stories that had offered voluminous evidence pointing to her corruption.  In March, de Blasio said, referring to the internal DOE investigative arm:  

I don’t assume because some teachers talked to you that that’s the whole truth. I believe very, very strongly in the quality of our investigations unit. I have absolute faith in the integrity of that unit.”

As I pointed out, the OSI is absolutely notorious among teachers for their bullying tactics, biased treatment and shabby reports, in which they generally support the principal’s position or whoever happens to be in favor among the top brass at Tweed. 

Well, yesterday, Special Investigator Richard Condon blasted DOE and OSI, about their shocking treatment of Debra Fisher, an occupational therapist who was suspended from her school for helping one of her disabled students raise money to write a book.  Condon's report pointed out how the OSI had made all sorts of false and unsupported accusations concerning Fisher’s supposed conflicts of interest.  Below is an excerpt from Condon's press release; here is his report.  

“Today, Special Commissioner of Investigation Richard J. Condon released a report detailing an investigation which found that Wei Liu, a Confidential Investigator assigned to the Department of Education (DOE) Office of Special Investigations (OSI), made inaccurate statements and drew inaccurate conclusions in an OSI report substantiating misconduct on the part of Occupational Therapist Debra Fisher, assigned to PS 333 in Manhattan. The statements and conclusions were at least partially responsible for Liu’s substantiated findings in the OSI case, which resulted in the DOE taking disciplinary action against Fisher. The SCI investigation also substantiated, more generally, that OSI investigators and their investigations do not receive adequate supervision. [emphasis added]“

Fisher’s despicable treatment by the DOE had been highlighted in several columns by Jim Dwyer in the NY Times as well as an article in the Daily News, and she is now suing DOE for back pay and to have the disciplinary letter removed from her file.  Last fall, Dwyer described Fisher’s plight this way: 

This is a story of an almost unfathomably mindless school bureaucracy at work: the crushing of an occupational therapist who had helped a young boy build a record of blazing success…  A person working to excel is being hammered by an investigative agency that began its hunt in search of cheating on tests and record-keeping irregularities. It found nothing of the sort. Instead, the investigation produced a misleading report, filled with holes, on the fund-raising effort.  

Dwyer followed up in January, about the fact that she was suing the DOE for back pay and adding,  

Ms. Fisher relentlessly nudges people — including complete strangers — to help her physically challenged students in and out of school, finding housing, arranging swimming lessons, bringing in coders from Tumblr to speak with classes, creating an after-school arts program…. In reality, the fund-raising effort was supported by the entire school, starting with the principal, who wrote emails to the staff about the project. When the Kickstarter appeal met its goal, the success was celebrated at a town-hall meeting in the school auditorium.

Condon’s report also makes clear that it’s not just a matter of lax oversight by the attorneys in the General Counsel’s office, who are supposed to supervise these reports.  There was also poor judgement shown by DOE attorneys, including Senior Field Counsel Matthew Fleming, who recommended that Fisher be fired.  The principal of PS 333 suggested she be suspended instead.  When Fisher grieved her suspension to the Chancellor, Farina instead sustained it on the basis of the flimsy (and ultimately false) allegations made by the OSI. 

Yet unbelievably, the DOE has still not agreed to apologize to Fisher, or to remove the disciplinary letter from her file.

For at least a a decade, hundreds of less heralded individuals have complained about their unfair treatment by DOE investigators assigned to the OSI. It shouldn’t take news stories repeated over the course of many months, in the NY Times and the Daily News, as happened in Fisher’s case, or in the NY Post, Daily News and WCBS-TV, as in the Dewey credit recovery scandal, for obvious wrongs to students and teachers to be righted by DOE.  

Worse yet, the Chancellor has kept the same incompetent legal staff running the General Counsel’s office, as well as the same officials running the Division of Contracts, which during the Bloomberg administration allowed literally hundreds of millions of dollars to be wasted or stolen from DOE. 

It was the Executive Director of Contracts, David  Ross, who last February proposed that DOE award an immense contract, worth originally up to $2 billion, to a company that had engaged in massive kickback scheme, defrauding taxpayers of millions of dollars between 2002 through 2008, according to a 2011 report released by Condon.  

During most of this time,  Ross was already head of that office. Luckily, City Hall rejected the new contract, after lots of bad press, but also after the Chancellor and the Panel on Educational Policy had already approved it, in a vote of 9 to 1.  Ross remains head of DOE’s Contracts and Purchasing division after more than ten years, in charge of over $4 billion of contracts each year, according to his LinkedIn profile

In refusing to clean house, the Mayor and the Chancellor have played into the hands of their enemies and allowed the reputation of the entire DOE to be sullied. 

More on the new report, blasting the DOE and the OSI, by Jim Dwyer of the New York Times, and in the New York Post

Monday, December 8, 2008

What corruption is the Special Investigator keeping from us, and why?

Check out Elizabeth Green’s analysis at GothamSchools about all the substantiated reports from the Office of Special Investigator, confirming hundreds of cases of corruption and/or malfeasance by Department of Education staff or employees over the last few years, that have been kept from the public with only Joel Klein having been allowed to see them.

How many other cases are there like the Chris Cerf report, being withheld from our view?

An open government gap that is deeper than the Cerf report

(chart courtesy of GothamSchools.)

Only 6-10% of these reports have been released to the public. Which begs the question, why are these reports being suppressed, and why don't us taxpayers have the right to know what he has found out?

Friday, December 5, 2008

The Cerf investigation report

See Juan Gonzalez' column in today's NY Daily News about the long-suppressed report from the Special Commissioner of Investigation on Chris Cerf, the Deputy Chancellor, as well as the NY Times story here.

Elizabeth Green of GothamSchools has some of the back story here. I was the one who FOILed the report and gave it to Juan last week, and the report as I received it is here.

Though the news reports have so far focused on Cerf's repeated solicitation of a donation for a charity of which he was a board member from his former employer at Edison Schools and the company that acquired Edison, Liberty Partners, there are other points that so far have not be addressed. For example, as the report points out there were mistakes and omissions in Cerf's official financial disclosure forms that appeared to relate to ongoing class action lawsuits against Edison. These forms he was subsequently allowed to amend, though such omissions can also result in termination of employment and criminal prosecution.

Also, it suggests the answer to the question as why, given the risk of public disclosure, Cerf continued to hang onto his Edison stocks, even after taking the position of Deputy Chancellor, even though the DOE had several ongoing contracts with Edison. As the report makes clear, because of the precarious position of Edison, the stocks had little value at the time, but might be worth more in the future, if the company's financial situation improved.

Unfortunately, the heavily redacted report raises as many questions as it answers, such as:

1- There was also a previously undisclosed letter, revealing an agreement between Cerf and Edison that he would consult for Edison for ten years, in return for $2.5 million or five percent of the sale of some amount of Class C and Class D Edison stock.

Cerf argued to the SCI that this document was "meaningless" , since he didn't sign it (though "Accepted" is written over his name on the document). But if there was nothing wrong with him continuing to hold the stocks and this agreement, why did he suddenly divest the stocks the night before the CPAC meeting where he knew he would be questioned about them, and why did he hurriedly renounce the consulting agreement by email, the very morning of the CPAC meeting?

An excerpt from the report:

"At 7:37 am,prior to the scheduled CPAC meeting, Cerf sent an email to [redacted] of Edison, stating, "Per this email, I irrevocably release you and any interests with which you are associated from any and all obligations arising under the document executed on or about the date of my departure." As with his earlier messages to the Liberty and Edison executives, Cerf asked [redacted] to consider a contribution to the Darrow Foundation."

2-What did Klein know and when did he know it? More specifically, if he knew about these stock holdings, why didn't he ask Cerf to sell them before he took at job at DOE? And did he also know about the document which referred to an ongoing consulting agreement, that the Special Investigator obtained from Edison after a subpoena?

3- Why did the Special Investigator never release this report to the public, given the considerable public interest when the investigation was first launched?

4- And finally, and most importantly, what does this say about the larger issue of accountability and lack of oversight, given that Investigator Condon is a Mayoral appointee, just like Joel Klein?
When the office of the Special Investigator position was first created by Executive Order 11 in 1990 by then-Mayor David Dinkins, the Board of Education was not under the Mayor's control, and the original Special Investigator, Ed Stancik, was renowned for his aggressive investigative zeal. Is there adequate political independence and insulation of this office in the current system?

We may never know the answers to many of these questions, though I do intend to appeal the redaction of huge chunks of the information contained in the report.

Anyway, take a look at the report, and you have thoughts on this, please put them in the comments section.

cerf+investigation0001