NYC Parents Union Sues Bloomberg for $100 Million for Cathie Black "Crony" Appointment

For disclosure purposes, I am a member of the NYC Parents Union

"This Mayor Has Committed Misfeasance and Our Children Have Suffered" 

Advocates for Justice, a public interest law firm, today filed initial papers for a civil lawsuit against Mayor Michael Bloomberg on behalf of a class of all New York City public school parents . The Mayor is charged with committing "misfeasance of office" through the appointment of Ms. Cathleen P. Black as Chancellor of the New York City Department of Education and thereby damaging the education of public school children in the City of New York.

The 14 Claimant parents, along with the newly formed New York City Parents Union, are demanding $100 million in compensatory damages from Mr. Bloomberg personally as the individual now held accountable under New York State's education law for the performance of the public education system, as well as a public apology from the Mayor for his handling of Ms. Black's appointment and brief tenure in office.

A Notice of Claim setting forth the nature of the lawsuit was filed today by Advocates for Justice with the Office of New York City Comptroller John Liu. This legal action -- possibly the first of its kind in the history of New York City -- claims that the Mayor had or should have had full knowledge of Ms. Black's inability to perform at an appropriate level in the position of Chancellor.

Section 3(f) of the Notice Claim states that "Michael Bloomberg, as Mayor, has a fiduciary obligation to act with the utmost of prudence and responsibility in running the New York City school system. He either knew, or should have known, that the appointment of Black was not in the best interests of the system, but he appointed her nonetheless. By so acting, Michael Bloomberg breached his fiduciary duty to the parents of all school children in New York City public schools and is guilty of 'misfeasance of office.' "

The parents want Mayor Bloomberg to place $100 million of his own money – or approximately $1 million for each day of Ms. Black's nearly 100-day tenure -- into a fund used exclusively for the training and development of teachers and supervisors as compensation for the damage to the morale and performance of staff and teachers, which therefore impaired the education of students.

Arthur Z. Schwartz, attorney for the Claimants, emphasized that the Notice of Claim was a precursor to a lawsuit against Bloomberg personally, not one against the City of New York. "The Mayor's ego, and his insistence on 'selling' the school system rather than building it from the ground up, led to this disaster. The Mayor took a lot from the City's school childrenn with this error, and he should be required to make repairs - in a sum that he is uniquely qualified to do."

Ms. Mariama Sanoh, an active Brooklyn parent who is a Claimant and a founder of the New York City Parents Union, said that Mayor Bloomberg abused his power. "When outraged parents stated that Cathie Black was unqualified to be Chancellor, Mayor Bloomberg accused us -- the real stakeholders in our children's education – of playing politics. But it was Mayor Bloomberg who abused his power by appointing someone with no education experience to lead the nations largest public school system. And it was Mayor Bloomberg who played politics with the New York State Education Commissioner to get unqualified Cathie Black approved for the job. The Mayor has committed misfeasance and our children have suffered. There have to be consequences for these bad choices."

Ms. Shino Tanikawa, a Claimant and member of Manhattan's Community Education Council 2, demanded consistency in how education matters are treated. "Accountability has been the foundation of Mayor Bloomberg's alleged "reform" agenda, yet he himself has not been accountable to us for any of his misguided decisions. Our children have suffered his arrogance and egotism enough, and we, the parents, demand that the Mayor now be held accountable."

Central Brooklyn parent Muba Yarofulani is a founding member of the New York City Parents Union, Co-President of the Coalition for Public Education (CPE), and President of the District 18 Presidents Council. She objected to Mayor Bloomberg's dominance over the public education system. "The 1.1 million students in New York City's public schools deserved a qualified Chancellor. Mayor Bloomberg refused to hear the cries of parents from communities like mine; we knew that Cathie Black should not be appointed. This Mayor's dictatorship over our education system is failing our children, and I am one of those mothers who will continue to battle his wealth and political might. Mayor Bloomberg must be held accountable for his failures. Our children must see that there are consequences for the rich just as there are for the poor."

Ms. Mona Davids, a Bronx charter school parent, and a founder of the New York City Parents Union, pronounced Mayor Bloomberg's behavior as corrupt. "Outside of New York City, when an elected official appoints a friend, family member or crony with no relevant experience to a high profile job, it is called 'graft' and an abuse of power," said Ms. Davids. "Mayor Bloomberg's appointment of his friend, Cathie Black, without first conducting a national search or ensuring that she had the

qualifications to lead the nation's largest school system, was pure corruption and disrespectful to NYC parents, students and educators. Mayor Bloomberg's appointment showed our children that, even when you are not qualified for a job, it's not what you know but who you know."

Hon. Chris Owens, a Brooklyn Claimant and former Community School Board President, focused on the need for unorthodox measures. "This Mayor has bought three elections, including a third term in office! The political process has not provided recourse for concerned parents because the Mayoral elections have been corrupted by the power of money. So we have to do something to show everyone that the disastrous ramming of Cathie Black down our throats warrants more than a few days of critical media stories. The Mayor owes this City and he has the means to compensate our public education system for a portion of the harm that he inflicted upon it."

Ms. Julie Cavanagh is a teacher in Brooklyn who supports the parents' lawsuit. "I am glad to see legal action being taken directly against Mayor Bloomberg. Mayor Bloomberg speaks about accountability for schools, students and teachers, but never is he held accountable for the disastrous and devastating decisions he has made for our schools and our children. It is time for this Mayor to be held accountable. As if over-testing, overcrowding, and overtly ignoring the voices of stakeholders were not enough, Bloomberg appointed and vigorously defended a Chancellor we all knew was unqualified for our children. The Mayor's actions have caused irreparable harm to our school system, and it is time for him to answer to the people he was elected to serve."

A copy of the Notice of Claim may be requested by contacting Chris Owens.

2011-01-17 Interview with David M. Quintana on Parents Piece - Queens Public Access TV

Click here to view these pictures larger

Back on January 17th,  I had the pleasure of appearing with Le-Nora McBeth (photos above) on her Queens Public Access TV show, "Parents Piece" to discuss the movie "Waiting for Superman", Schools Chancellor Cathie Black (now former Chancellor) and many other education issues facing New York City...The show is scheduled to be aired tonite and on Wednesday on Time-Warner Channel 56:

April 11th,  2011  9pm  Channel 56

April 13th,  2011 11am Channel 56

Statement by Public Advocate De Blasio on Chancellor Cathie Black Stepping Down

“For too long, the Department of Education has failed to close the achievement gap and to meaningfully engage parents. I have known Dennis Walcott for many years, and he has a history of being open and accessible to the stakeholders in our education system. As a public school parent and as a public servant, I will work with him and challenge him to right these wrongs.”

Working Families Party Statement on Cathie Black -- "Public Schools Are Not Businesses"

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The following statement can be attributed to Dan Cantor, Executive Director of the Working Families Party:

“The departure of Cathie Black is confirmation that public schools are not businesses in need of a CEO. Public service and public education are about something more precious than alleged corporate efficiency. Public schools are part of what makes democracy possible, and we need leaders who fully appreciate that education is not just about testing.”

Cathie Black to Step Down as New York City Schools Chance0llor By: Kayla Webley - The News Feed

After a brief and controversial tenure as New York City's Schools Chancellor, city officials announced Cathie Black, a former magazine executive with no education experience, will step down Thursday morning.

Black, who replaced former Schools Chancellor Joel Klein in January, has been plagued with fierce public opposition due to her lack of experience since Mayor Michael Bloomberg announced her appointment in November. In a poll conducted by Quinnipiac University less than three weeks ago, her approval rating was a dismal 17%, with nearly half of respondents saying they wished she would leave office.

(More on TIME.com: Who is qualified to run a school system?)

Her departure after less than four months in the top spot, comes on the heels of news yesterday that Deputy Schools Chancellor, John White, is headed to Louisiana to take charge of a school district there with 82 low-performing schools. Several other high-level education officials have departed since Black's appointment.

Deputy Mayor Dennis Walcott will reportedly step in to run the public school district, which with 1.1 million students, 1,600 schools and a $21 million operating budget, is the largest in the nation.

Read more: http://newsfeed.time.com/2011/04/07/cathie-black-to-step-down-as-new-york-city-schools-chancellor/#ixzz1IrIHw7Js

Black Marks for Schools Chancellor on Trip to Williamsburg by Aaron Short • The Brooklyn Paper

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Hours after Mayor Bloomberg announced on Monday that 4,600 teachers would be laid off due to budget cuts, Schools Chancellor Cathie Black took her roadshow to Williamsburg, where she was verbally assaulted by nearly 200 seething Williamsburg parents and teachers.

Speaker after speaker took issue with Black over virtually all of her and Mayor Bloomberg’s educational agenda:

• On layoffs: “Our teachers — they’re not from Teach for America — these people grew up in this neighborhood, went to school here, and stayed here when on one else would,” said Brian DeVale, principal of PS 257 in Bushwick. He argued that good principals know how to get rid of bad teachers without layoffs from on high.

• On priorities: “This is an agency with a $22 billion budget — we should be trying to find savings in there somewhere,” said Councilman Steve Levin (D–Greenpoint).

• On charter schools: “I’m upset by the lack of community schools,” said Williamsburg parent David Dobosz. “We now have a mayoral dictatorship of schools. This is not what the law intended.”

To her critics, Black repeated what she has often said when under fire: “I will work day in and day out as your chancellor,” she said in her opening statements at the “town hall” meeting at JHS 71 on Rutledge Street. “We will work with the best of our abilities to solve our financial problems.”

DeVale had another problem with Black — she wouldn’t take his teddy bear.

Yes, the principal showed up with a gift for Black: a bear that he said was in honor of President Teddy Roosevelt’s dedication towards civil service.

“It’s ironic that [mayoral control of schools] is now trying to destroy civil service,” said DeVale. “She wouldn’t take the bear.”

Council Member Mark Weprin Criticizes DOE's Latest Action: Now They Are Taking Away Money from School Budgets

Council Member Mark S. Weprin (D- Oakland Gardens) sent a letter to Chancellor Cathleen P. Black, New York City Department of Education (DOE), in opposition to the recent directive to school principals indicating that, according to the Deferred Program Planning Initiative, they can retain only fifty percent of the funds that remain at the end of the school year. In years past, principals were able to roll over one hundred percent of residual monies from one year to the next.

“This policy is misguided,” said Council Member Mark S. Weprin. “It punishes school children for the fiscal responsibility of their principals.”

Council Member Weprin noted that allowing principals to roll over remaining funds rewards careful budgeting, leading to a small cushion in many schools’ budgets. When the inevitable budget cuts arrive, the savvy planners’ preparedness helps them to better weather the storm. This year in particular, many principals, fully aware of the severe budgetary challenges facing our City and 

State, saved money that they intended to transfer for use during the next school year. Withdrawing those funds is an affront to the principals’ prudent efforts as well as to the students they have tried to protect.

In addition, Council Member Weprin indicated that removing unspent funds perversely incentivizes principals to spend every last dime, which is exactly the opposite of what DOE should be doing in the current environment.

“The DOE has often said that principals are the CEOs of their schools, but it’s true in rhetoric only,” said Council Member Mark S. Weprin. “Removing half of unspent monies seriously undermines the concept.”

Letter below:

Click on image to enlarge...

Click on image to enlarge...

Local Officials Press Black On New School At Metro Campus by Matt Hampton - Forest Hills, NY Patch

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Maspeth High School's incubation needs better planning, politicians say.

Upset about the incubation of a new Maspeth High School at the Metropolitan Educational Campus? 

You're not alone, City Councilwoman Karen Koslowitz, D-Forest Hills, and Elizabeth Crowlet and Assemblyman Mike Miller and Andrew Hevesi are outraged, as well.

Koslowitz sent a letter to Schools Chancellor Cathie Black earlier this month, co-signed by Crowley, Miller and Hevesi, and recently released the text of that letter to the public.

The Department of Education announced earlier this year that a new school being built for Maspeth students would required a Queens building to house students during the 2011-12 school year. That building, they concluded, would be the Metropolitan Educational Campus, based on the fact that it is currently underutilized, and not scheduled to have a full student complement until the 2013 school year. While the site of the incubation is not set it stone — it is to be voted on March 1 by the Panel For Education Policy — the location is not likely to change.

The idea had many parents upset, and local officials sent the letter on Feb. 1 as a reaction.

In it, the elected officials say they are thrilled that the campus opened this year — a process that took nearly two decades — but, they caution, their excitement is tempered by the fact that students at the building will now be forced to share with students from a Maspeth School that’s still under construction.

Ultimately, Koslowitz and the other electeds are seeking a written statement from the Department of Education that the arrangement will only be for one school year. It’s a request that has so far not gotten a response from the Department of Education.

“We are requesting in writing a commitment from the DOE that these students will be moved to their new building after the 2011/2012 school year,” the letter read. “Assuring that the schools coexist smoothly is of primary concern to us, the parents and the community.”

Among other issues that Koslowitz, Hevesi, Miller and Crowley cite are the problematic scheduling of shared spaces, like the school’s auditorium, gymnasium and lunchrooms, and the current educational culture. The schools that are currently on site have wildly different educational curriculuae.

“We are concerned that the placement of the Maspeth School in the building does not disturb the culture of the existing students,” the letter read. “To date, we have received no plan regarding the usage of space between the three schools, the need for improvements to MTA bus access to the area, arrival and dismissal times among many other issues.”

Clueless Cathie Black at the PEP Attacks LIFO, ATRs and Pensions...

Cathie Black at the Panel for Edicational Policy Attacks LIFO, ATRs and Pensions...She doesn't even know how many teachers or students are in the Public School system...She's totally out of touch (like the Mayor) with the school system she supposedly runs...

Bloomberg Booed at MLK Event in Harlem by Ben Fractenberg and Jill Colvin - DNAInfo.com

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MLK Day Draws Black Leadership to Harlem

Leaders urged New Yorkers to continue Dr. King's work when it came to guns, education and wages.

Political and civil rights leaders descended on Harlem Monday to commemorate Martin Luther King Jr. Day and urge New Yorkers to continue Dr. King's work by taking action on some of the toughest issues in the neighborhood — guns, schools and wages.

"Right now we are at a time of very significant turmoil," said U.S. Sen. Kirsten Gillibrand, who spoke passionately at an event organized at Rev. Al Sharpton's National Action Network.

Gillibrand cautioned that tragedies like the Arizona shooting were happening every day across New York.

"Senseless acts of gun violence happen every single day in our communities, every single day," she said.

Mayor Michael Bloomberg was booed by the standing-room only crowd as he took to the podium — the only one on the long list of prominent politicians to be booed.

"This is a day when we pledge to further King's dreams," he said.

Bloomberg repeated his pledge to fight to close loopholes in gun laws and also reiterated his push to close upstate juvenile justice facilities that take kids away from their communities.

"Thank you. You should applaud. This is killing our kids," he said after some in the crowd clapped after he outlined his stance against illegal guns.

But he was booed again when he said that President Barack Obama considers the city a national model of education.

"Not true," some shouted from the packed aisles.

Earlier in the day, religious leaders and politicians welcomed new Schools Chancellor Cathie Black during the Convent Avenue Baptist Church's annual Martin Luther King Day service, urging her to improve the city’s education system.

Former mayor David Dinkins claimed there were more young African Americans in prison than attending school and urged Black to work toward keeping more students enrolled.

"Chancellor Black, it’s important we do something about that," Dinkins said.

Hazel N. Dukes, the president of the NAACP New York State Conference, urged Black to take the focus away from disciplining children at school and instead work to get better teachers.

"Chancellor Black, I’m glad that you’re here, but I don’t want you to be the disciplinarian of my children," she said. "I want some qualified teachers to teach my children."

The church was packed with several hundred congregants who clapped and called back to speakers as they connected Dr. King’s legacy to modern struggles.

"This is not a memorial service," Reverend Osagyefo Sekou, from the Lemuel Haynes Congregational Church, said to loud applause. "We came to revive the legacy of Martin Luther King."

Sekou spoke about the church’s support of a living wage law in New York.

"The City Council needs to be disabused of the notion a floor sweeper and cab driver not be able to make enough to live in this city," said Sekou.

Embattled Harlem congressman Charles Rangel was greeted with hugs and kind words before the service started.

Rangel sounded hoarse at both events as he spoke about the impact of Dr. King on his life.

"All of us have a bit of Martin Luther King in us," he said.

While speakers at both events celebrated past struggles, their focus was firmly planted on current issues.

"Things have gotten better, a whole lot better, but we’re not there yet," said Dinkins.

Schools Chief Checks Out John Adams HS by Bryan Yurcan - Queens Chronicle

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John Adams High School Principal Grace Zwillenberg, left, Councilman Eric Ulrich and Cathie Black. PHOTO COURTESY ERIC ULRICH’S OFFICE

Schools Chancellor Cathie Black continued her tour of city schools with a visit to John Adams High School in Ozone Park on Monday.

Black toured the school with Councilman Eric Ulrich (R-Ozone Park), Principal Grace Zwillenberg and some teachers and students, in an event which was closed to the press.

“I was glad I had the opportunity to meet with Chancellor Black and show her first hand some of the great programs offered at John Adams High School,” Ulrich said in a prepared statement. “I look forward to working with her on the many challenges currently facing public schools in my district and throughout the city.”

Ozone Park resident and community activist David Quintana, who is a member of Community Board 10 and former District 27 representative to the Chancellors Parents Advisory Council, hoped to organize a group of parents to rally during Black’s visit opposing her nomination as chancellor.

“For the mayor to appoint someone who lacks the necessary skills without a thorough search for a qualified candidate is a slap in the face to the 1.1 million students and their parents,” he said.

The DOE did not respond for comment as of press time.

Black was appointed by Mayor Bloomberg when Chancellor Joel Klein abruptly announced on Nov. 9 he was resigning to take an executive position at media giant News Corp., whose properties include the Fox News Channel and the Wall Street Journal.

Black, a longtime media executive was granted a waiver by state Education Commissioner David Steiner since she does not have the proper educational certification to serve in the post.

Her nomination survived three lawsuits seeking to nullify the waiver. She is the first female schools chancellor in New York City history.

City Council Member Eric Ulrich Welcomes Schools Chancellor Cathie Black to John Adams High School

Council Member Eric A. Ulrich (R-Queens) joined new Schools Chancellor Cathie Black on Monday for a tour of John Adams High School in Ozone Park. Along with Principal Grace Zwillenberg and other school officials, the Chancellor and Council Member visited various classrooms and learning communities including the College Summit Program, English as a Second Language and the school’s Virtual Enterprise Program.

Ulrich said, “I was glad I had the opportunity to meet with Chancellor Black and show her first hand some of the great programs offered at John Adams High School. I look forward to working with her on the many challenges currently facing public schools in my district and throughout the city.”

Heckuva Job, Blackie by Arthur Goldstein - GothamSchools

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Incoming Schools Chancellor Cathie Black visited overcrowded Francis Lewis High School a few weeks ago. She came with her entourage from Brooklyn, and was therefore an hour late. She stayed only 40 minutes, as she needed to run off somewhere else. Admittedly, I lack the organizational skills of a publishing executive (let alone someone about to run the largest school system in the country). Yet even I know how long it takes to get from Brooklyn to Queens.

Ms. Black got a good look at the principal’s office. It’s a great office. There’s a desk, a computer, a sitting area, and a full conference room. She didn’t see the trailer. (The trailer is not so great, but after considerable effort, I got it a desk.) She didn’t see our dual-national champion JROTC program, or meet our award-winning science students. She didn’t meet our parent representatives. She didn’t see our kids struggle to get to class at peak time, the half-classrooms we had to create to accommodate the overflow, or the kids who run around in the cold and the dark because we haven’t got sufficient gym space. She didn’t see kids eating lunch at 9 a.m., but she joked to some kids about it.

Cathie Black was there, in fact, because those kids are student activists who got themselves on NY1 and invited her. It was good public relations for her to show up (and PR seems to be the one thing Tweed is good at).

This was a good opportunity for Ms. Black to reach out, as relations between teachers and the DOE grew absolutely toxic under Joel Klein’s tenure. Nonetheless, she didn’t ask to meet me (I was out teaching in the trailer), and she didn’t ask to meet any other teachers either. She did say she opposed tenure for teachers, but it’s unlikely that was her opening salvo at mending fences.

Having missed Ms. Black, I spoke to the kids who met her. One told me she seemed rehearsed, and that her crack about the 9 a.m. lunch period seemed planned. I was told she didn’t answer questions directly, that she gave “politician’s answers,” and that she didn’t have “the sense of an educator.” Another said she seemed sincere about wanting change, but in a business-oriented, and not educational, way. This student felt she was a bad choice for chancellor, and said she could not give one instance in which she had helped a student.

Faced with a question about undocumented students, she had no reply whatsoever. Deputy Mayor Dennis Walcott answered for her, and the kids felt he was there to rescue her. They seemed to like him very much — one told me he should have been chancellor.

Still, the kids learned a lot. They learned that the incoming chancellor could come to the second largest school in the city, speak to a handful of kids who’d gotten on TV, and not bother with their teachers or parents at all. They learned that an utter lack of qualification makes no difference as long as you go to the same cocktail parties and gala luncheons as Mayor Michael Bloomberg.

On the other hand, they also learned the power of the press. I hope they remember that, because when the richest man in New York City is also mayor, it’s one of their most effective resources. Mayor Bloomberg can defy term-limit laws city voters twice affirmed. He can get fellow billionaires Eli Broad and Bill Gates to finance campaigns promoting what I’ve termed mayoral dictatorship. He can find ways to appoint his buds to jobs for which they are not remotely qualified.

He can downsize the sanitation department and act surprised when snow doesn’t get picked up. But when he and Cathie Black try to do the same to New York City schools next year, having learned nothing from either the snowstorm or the disasters that visited city schools in the 1970s, they’ll have to contend with not only outraged teachers and parents, but also young people like those from our school, who aren’t afraid to get in front of a camera and speak their minds.

We need more brave souls like these kids, and fewer fronts for hedge-funders and billionaires. Thus equipped, New York City could move toward real substantive improvements for not only schools, but also the city as a whole.

Cathie Black Leaps Over Final Hurdle to Claim Schools Post; Judge Confirms Education Commish's Call by Erin Einhorn - NY Daily News

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Cathie Black can now take city schools chancellor spot after Albany judge knocks down suit.

Cathie Black is in the clear.

Mayor Bloomberg's pick to run the city schools got the OK from an Albany court Wednesday after a group of parents and politicians sued over her lack of credentials.

The parents argued that state education commissioner David Steiner broke the law when he granted Black a waiver to be chancellor.

"The appointment of someone who appears to require on-the-job training ... will just further erode the ability of the education system to adequately prepare our children for the challenges of the 21st century," said Brooklyn Assemblyman Hakeem Jeffries, a plaintiff.

But Albany Supreme Court Justice Gerald Connolly affirmed Steiner's right to make that call.

The plaintiffs say they're mulling an appeal. "Mayor Bloomberg has won this round and our children have lost," Jeffries said.

Bloomberg said the decision should "allow us all to focus on what matters most: continuing to improve the quality of education we offer New York City's public school children."

Black takes over for outgoing chancellor Joel Klein on Monday.