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Supreme Court Judge Tells City To Hire Back Fired Teachers

 

By Nico Simino

 

Coming on the heels of an arbitrators ruling in favor of the city’s teachers union, the Bloomberg Administration has begun the appeals process in trying to overturn that ruling, which would affect hundreds of teachers across the city.

 

The hearing, which started this past Tuesday, was the first step in the city’s appeal of the ruling handed down two weeks ago. In that ruling, an independent arbitrator found that the city’s plan to fire up to half of the teachers at the 24 schools violated the city’s contract with the teachers union.

 

The city’s Department of Education (DOE) had planned to fire the teachers and reopen the 24 schools under a different name under a “turnaround” plan that would make the city eligible for over $40 million in federal funds.

 

But in an even more surprising turn of events, state Supreme Court Judge Joan Lobis this week ruled that the city will not suspend the arbitrators ruling from two weeks ago and will continue to rehire all of the teachers while the case is still being heard.

 

That means that hiring and firing decisions that have been made at the deemed 24 struggling schools will be reversed and the DOE will have to reinstate teachers who lost their jobs.

 

Lobis scheduled a full hearing on the matter for July 24.

 

“We are optimistic that the court is going to uphold the arbitrator’s decision, and in the meantime we expect the DOE to follow the court’s order,” said Adam Ross, a lawyer with the United Federation of Teachers (UFT). “They no longer have an excuse for not complying with the arbitrator’s award.”

 

City attorney Maxwell Leighton argued for a temporary restraining order by telling Lobis that the arbitrator exceeded his authority by wading into matters of education policy. He noted that the state’s education commissioner already approved of the city’s plans to improve the schools by replacing many of their staff members. He also claimed that allowing the arbitrator’s award to stand would cause irreparable harm to these improvements.

 

“It will end the program for this year,” he said. “We would find ourselves in a position where we would not be able to give the schools the help they so desperately need.”

 

Meanwhile, this process has caused some confusion throughout the 24 schools because the city considered the replacement schools new schools. Therefore they were able to hire 40 percent new teachers and in some cases new administrators.

 

Now principals don’t know whether the people they’ve offered jobs to will be able to join their staffs, even if their hiring wouldn’t conflict with a dismissed teacher taking their job back.

 

The 24 schools that were closed at the end of June include John Dewey High School, Sheepshead Bay High School, Automotive High School, George Gershwin Junior High School and John Ericsson Middle School.

 

NYS Democrats Target Republican Seats for Majority

With the NYS Senate blocking popular reforms that voters want, Queens State Senator Michael Gianaris, chair of the Democratic Senatorial Campaign Committee (DSCC), is leading an effort to regain control of the Senate. “We expect there will be at least 32 Democratic Senators elected this November,” said Gianaris, “That will give us the majority.” The chief issue, according to Gianaris, is that Senate Republicans have allied with conservative forces in a progressive state to block minimum wage, reproductive justice, voter reform, ethics reform, and preventing the lieutenant governor from casting a vote in case of a tie.

The DSCC is targeting 10 Republican seats across the state. Gianaris said several seats are vulnerable for a Democratic win.

 

At the top of the list is Marty Golden in Brooklyn/Staten Island. “If you look at the Democratic performance in his district, he represents a very Democratic area that voted Democrat for every other elected official but him,” said Gianaris. “He hasn’t had an opponent in 10 years. He has just been living off of his incumbency.” Golden received national attention recently when his office announced a job preparation event that would teach young women how to “walk like a model.” That event was cancelled the same day it was announced due to public outcry. Andrew Gounardes, an attorney with Citizens Committee for New York City and a member of Community Board 10, is challenging Golden.

Greg Ball, who represents parts of Dutchess, Putnam and Westchester Counties, has “the single most conservative voting record in the entire state Senate as ranked by the Conservative Party,” said Gianaris. “He barely won last time; he won by less than 2% in a very big Republican year. This year, with Pres. Obama at the top of the ticket, we expect a much stronger Democratic turnout.” Ball is a member of the American Legislative Exchange Council (ALEC), which is notorious across the country for distributing draft legislation on voter ID, Stand Your Ground laws, antiunion legislation and anticontraception bills. DSCC is supporting Justin Wagner, Croton-on-Hudson attorney, against Ball. Wagner is endorsed by the No Bad Apples PAC which was started by Manhattan Sen. Liz Krueger in 2011 in the aftermath of Pedro Espada taking the Senate hostage

which shut down operations for a month. “We expect Greg Ball to go down in defeat,” Gianaris said.

DSCC sees the Rochester open seat as another opportunity. It was Jim Alesi’s seat, but he’s not running for re-election. Alesi was one of the 4 Republican Senators who joined 29 Democrats to pass marriage equality, incurring the wrath of conservatives in the process. Though Bloomberg promised to financially assist the reelection of any Senate Republican who voted in favor of marriage equality, Alesi is stepping down. Ted O’Brien, minority leader of the Monroe County legislature, “is very progressive and we expect him to win,” said Gianaris. “I see an open seat

that’s winnable, so we’re going for it.” The Republican candidate is Assemblyman Sean Hanna who is well-known but the district has a slight Democratic enrollment.

Mark Grisanti in Buffalo “shouldn’t have won the first time,” said Gianaris. “It was a fluke. He beat Antoine Thompson in a very unusual election. It was a recount that ended up being a 500-vote margin in a very Democratic district. He won because there was a whole series of local factors

on top of the national Republican wave that was taking place.” The Buffalo district was one of the most Democratic in the entire state. Grisanti lost support of the Erie County Conservative Party after he voted in favor of marriage equality. The DSCC is supporting Chuck Swanick. The Conservative Party has thrown its support behind Swanick, a former Erie County legislator who is a

Democrat who turned Republican then back to Democrat. With Conservative and Democratic ballot status, if Swanick wins, he will be one to watch.

There are two districts in Nassau the DSCC is looking at: Jack Martins and Kemp Hannon. The DSCC candidates are Dan Ross against Martins and Ryan Cronin against Hannon. “In Jack Martin’s district, the Democratic candidate had money left over after the campaign that could’ve been spent,” said Gianaris. “Martins defeated Craig Johnson by 451 votes in 2010.” In a

published report, Cronin said of Hannon, who has been in office for 35 years, “He’s been in office since 1977, longer than I have been alive. Career politicians are part of the problem.”

Gianaris said that in Suffolk County, Ken LaValle, who has a strong opponent, a woman named Bridgette Fleming, who is a Southampton Town Councilwoman and a former prosecutor. “We are very excited about her prospects,” said Gianaris. Fleming has the No Bad Apples PAC endorsement.

And speaking of women candidates, the DSCC has Cecilia Tkaczyk running in the new 63rd seat that runs from Albany all the way down to Kingston. Tkaczyk is a former senior legislative analyst and local school board president.

Back in Suffolk, for 82-year-old Owen Johnson’s seat the DSCC candidate is Rick Montano. Despite Owens’ position as the state chair of ALEC, there is major drama in Suffolk. Suffolk Democratic Chairman Rich Schaffer is backing Republican Johnson over Montano and declined to hold a Democratic County Convention for the express purpose of denying Montano

official Suffolk Democratic backing.

Bill Larkin’s seat in Orange County, in the Hudson Valley, is being challenged by Chris Eachus, a county legislator and a physics teacher.

“We have 10 seats we’re looking at. All we have to do is pick up three,” said Gianaris. “We have 10 places to do it.”

Of those 10 seats Gianaris said, “Actually we only have to pick up two of those. There was a third one coming our way,” referring to the Super Jewish seat in Brooklyn where David Storobin won. “Simcha Felder is going to win in November we believe,” Gianaris said. “The fact is he is running as a Democrat. We expect him to win.”

The DSCC is looking forward to 32 seats, which would be comfortable enough so that there are no Democrats in Name Only (DINOs) like Espada. “The days of Espada are behind us,” said Gianaris. “The Senate Democrats never intend to go back to that kind of hostage-taking.” Gianaris added, “The people of New York are tired of those kind of Republican shenanigans. I think that anyone that plays those games and gets elected by Democrats then serves as Republicans are going to have to answer to the voters.”

Regarding voters who may find that with postredistricting, they may have a different state Senator. Gianaris suggested voters can call the Board of Elections, or they can call their local senator’s office to get that information. “An educated electorate is always best,” he said.

Gianaris is optimistic. “I think people will be coming out in bigger numbers to vote for the presidency this year,” Gianaris said. “I would just encourage them not to forget to go all the way to the end of the ballot to vote for state Senate as well. It is a critically important election.

We have the ability to make real progressive change in New York if we can pick up those two or three seats.”

Anti-Gun Violence Activism: The Movement Ray Kelly Can’t See

Hot weather and gun violence unfortunately are as predictable as the seasons. During the July 4

th week of celebration more than 75 individuals have been shot in NYC. In an attempt to justify NYPD stop-and-frisk violations of 4th Amendment rights, Police Commissioner Kelly said, “There doesn’t seem to be any major community response. He added, “Many of them will speak out about stop-and-frisk but are shockingly silent when it comes to the level of violence right in their own communities. We have demonstrations about virtually every other issue in this city, except the level of violence.”

State Senator Eric Adams wrote a letter to Commissioner Kelly in response. Adams reminded Kelly that “As a former police captain and current State Senator, I, along with other African-American leaders, have spoken out against violence in the African-American community, and have partnered with several organizations whose mission is to decrease violence in our communities.” Adams invited the commissioner to visit and walk through our communities to receive a first-hand account from those who are dedicated to working to decrease violence and reduce the tide in high crime areas. Unfortunately, distrust and lack of communication between police and the community has fostered an uneasy and strained relationship between the two groups.” At a press conference, Adams asked if Commissioner Kelly can take credit when crime goes down, why can’t he take responsibility when crime goes up.

Council Member Jumaane D. Williams, co-chair of the Task Force to Combat Gun Violence, called Commissioner Kelly’s comments “incendiary” and expressed his outrage “at the presumptuous and patently false comments of Commissioner Kelly, which directly insult communities like mine, which are grieving for our lost and trying to save our young people every day.” He asked where Mayor Bloomberg and Commissioner Kelly have been while gun violence is occurring in his community and calls them “shockingly deaf.” Williams denounced policies such as the NYPD’s misuse and abuse of stop, question and frisk and the Young Men’s Initiative, both of which have failed to reduce violent crime in communities of more color.

“I am disappointed by the implication that those of us who have criticized Stop-and-Frisk are unconcerned with recent incidents of violence,” said Congresswoman Yvette D. Clarke. “I don’t believe we have to choose between the right to equal protection and the safety of our communities. It is a sad commentary on the state of affairs in our city when its citizenry are given a false choice of the protection of their civil rights and civil liberties and their public safety as an either / or proposition.”

“The increased violence we have recently experienced is deeply troubling and can be attributed to the fact that there are too many guns and too few jobs in our community,” said Assemblyman Hakeem Jeffries. “It is unnecessarily divisive for Police Commissioner Ray Kelly to cast blame on others who do not have direct responsibility for the safety of our city. Moving forward, it is my hope that Mayor Michael Bloomberg and his administration will work closely with civic leaders to address the violence problem and improve the relationship between the police and the community.”

After more than 10 years in his second tenure as Police Commissioner, one wonders if Kelly pays attention to information he receives from his various community affairs officers and local media.

There are various community groups on the ground that respond to gun violence and often prevent it. They do the work despite being under-funded by the Bloomberg Administration, or not funded at all. Anti-violence work takes place in hotbeds of gun violence in East Flatbush, Brownsville, East New York and all around the city.

Last spring a youngster and his mom moved into East Flatbush. Days after the move, the child was shot by a stray bullet while riding his bike in front of his home. In response, Councilman Jumaane Williams worked with Assemblyman Nick Perry, local clergy and community activists to assist the family. Weeks later, Williams held his first “Not in My Hood” march and youth resource fair, as well as an anti-violence concert at Brooklyn College. The response was so successful, Williams has made it an annual event. He is there to comfort the families and offer assistance in the aftermath of any gun violence situation in his community.

The Church Avenue corridor in East Flatbush has been the location of too many gun violence incidents. In response, the 67

th Precinct Clergy Council formed. Council President Pastor Gil Monrose said, “The progressive voices against gun violence in our communities have always been loud. Every march or prayer vigil we have done so far have been on the issue of innocent people who have lost their lives to gun violence.

“We have formed a group called Mothers Who Have Lost Their Sons to Gun Violence. We have 7 mothers who are a support group and are speaking out against gun violence so that the community can see there is a human toll and human pain felt by mothers of sons who have lost their lives. We in the 67

th believe if we can put a human face to the pain and suffering of yet another Black person shot and killed in the street this will help discourage gun violence by 1) sensitizing the community to the hurt and pain and 2) mothers have a special place in son’s lives. We believe when other young men see mothers suffering that that may be a turning point for some people.”

The 67

th Precinct Clergy Council has a response team that is dispatched through the hot spots in Brooklyn – 5-10 clergy who walk the street where there has been a recent shooting and talk to the people in the community to see if they would like to talk about the incident and problems in that area, as well as offer assistance.

Regarding the 77 shootings last week, Pastor Monrose said, “There is a response. We will continue to respond. We respond to those types of shootings all the time. There are grassroots people and individuals like us who meet twice-a-month to do strategic planning on gun violence. This is a sustained campaign against gun violence. We do this day in and day out. We don’t take a break on gun violence. We bury individuals all the time. With all the mothers that we serve and all the families in our care, we don’t take a break. There is no time off. There is no silence in central Brooklyn.”

“Kelly is wrong,” said anti-violence activist Tony Herbert. “He didn’t do his homework. There are a number of grass roots leaders who are on the front lines of this issue every day, that do scream for help to stop the violence and are on the ground fighting the good fight”. Herbert listed organizations such as Trucked Out, Lay the Guns Down Campaign, Advocates Without Borders, SOS, the Brooklyn Blizzards Youth Org., Harlem Youth Ministries, I Love My Life Campaign and The Kings Of Kings Foundation who are all doing the work that Kelly knows nothing about.

Herbert and his collaborators are well-known in the streets. Recently, Mike Tucker of the Lay The Guns Down Campaign was approached in the street and given a bag containing 2 pistols – a 9mm and a 22 automatic – and more than 100 rounds of ammunition. The person wanted to turn the guns in but was fearful of taking them to the precinct by himself. Tucker met with Herbert who contacted the 81

st precinct. Two officers came, vouchered the weapons, took all the bullets out, then accompanied Tucker to the precinct to complete paperwork. Herbert gets calls from people inquiring how to turn in guns, “because there is a protocol,” said Herbert.

The Brooklyn District Attorney’s office has been conducting formal gun buy-back events since at least 2008. Last year the DA’s office conducted 3 gun buy-backs and collected a total of 337 guns. This year there has been one buy-back so far. They collected 108 guns. A spokesperson for the DA said the guns turned in were in good working order.

Rev. Vernon Williams, the Harlem pastor who pastors for peace said, “For 3 years I’ve invited borough presidents, community leaders, families etc. to take part in a citywide Ride Walk and Rally for Peace, a City response to youth violence. Ask them who came out. For six years I have been calling for total community outrage concerning youth violence, gun violence and youth gang violence. We that take the streets, do the work without pay and try to save our youth.”

Anti-violence specialist A.T. Mitchell disagrees with Kelly on guns being the problem. “It’s not the guns, it’s the people. It is the changing of the mindset of the people in the neighborhoods hardest hit. Our work is to change the norm, the way the people normally handle their crises, their disputes. Unfortunately, the norm is that they think violently. Our work is to change the social norm. The violence is an emotional response to hurt. A lot of these people dealing with these crises are already depressed, oppressed, angry, or hungry. When someone else triggers something in them, violence is the easiest mode to go into. It is easier to get violent than to think a situation through for some people. Our work is psychological, behavioral change. We work to change the way people see each other, treat each other. Eventually, hopefully they will change the way they interact with one another.

Mitchell said the summer has the “most brutal and violent months of the year. We have to brace ourselves for the summer, and not just through law enforcement and stop-and-frisk.” Mitchell, whose Man Up Inc! organization counts days without gun violence said if he had the resources that the NYPD has, he would be able to put a stop to gun violence immediately.

Rev. Taharka Robinson, founder and CEO of Central Brooklyn Anti-Violence Coalition, said he has “a lot of concerns regarding Kelly’s assertions.” Robinson listed several killings that NYPD dismissed until community activism made them pay attention: Chanel Petro Nixon who disappeared in broad daylight, Bennie Lyde who was murdered on his doorstep, Romona Moore who was raped and murdered in a basement, Zaneen White who was murdered at a cookout up the block from the 81

st Precinct, and across the street from where Isaiah Rivira was shot, Delilah Graves a 10-year-old who was shot in the hand in the middle of a shootout. He recalled a march against domestic violence across the Brooklyn Bridge and another march across the Brooklyn Bridge last year in which hundreds carried coffins to demonstrate community concern.

“We were outraged when the police killed Timothy Stansberry while he was crossing the rooftop at Louis Armstrong Apartments. We were outraged a couple of years later when Kyle Coppin was killed by the police over a hairbrush,” said Robinson. “We have a history of outrage. We have been outraged year after year, whether it has been police killings, self-inflicted killings, domestic violence or any type of abuse in our communities.”

“I want to know what Commissioner Kelly is talking about. I think the apathy in the leadership of the NYC Police Department needs to correct itself,” said Robinson. “But since he wants to see outrage, we are going to have a march throughout this city – 26.2 miles like the NYC Marathon. We are going to have a Peace and Prayer march. We are going to march through every borough in this city. We are going to start in Staten Island, come through Brooklyn, and go through Queens, to the Bronx and back in Manhattan. We are going to end up at 1 Police Plaza. Since he wants to see outrage.”

Community hosts peace and prayer rally for three year-old gunshot victim

Emerging Voices: As Jose Riviera (center), the father of shooting victim Isaiah Rivera seeks justice for the shooting of his son, community organizers like the Brooklyn Anti-Violence Coalition, Lance Goodwin’s SUV Club, TJ’s Printing and many others are raising their voices in support him and other concerned parents. “I think it’s time for us as a community to collect ourselves, reevaluate and restructure the direction we need to go with our children,” said Rev. W. Taharka Robinson, President, Brooklyn Anti-Violence Coalition. “It’s very important for everyone to see that we can mobilize, organize and strategize to get something done to deal with this issue of violence in the community.” Some 300 people packed the courtyard in front of 383 Pulaski Street, where as one Excellence Academy middle school student asked, “Why do children have to worry about getting shot while playing?” (Part One of a series)

 

“Stop the violence!”

“Stop the madness!”

“Stop the shooting!”

“Let’s protect our children!”

Amidst a full court press yesterday, hundreds of attendees of the community peace and prayer rally called by The Brooklyn Anti-Violence Coalition, chanted in unity for a mass coming together in spirit, mission and resolve to protect … and fight for … the most vulnerable among us: our children.

The event was announced early yesterday morning in a massive grassroots guerilla press effort and facilitated by community-based groups and individuals outside of 383 Pulaski Street, where the shooting of three-year old Isaiah Rivera occurred as he played in the sprinklers in the broad daylight heat of last Sunday afternoon.

The toddler survived the shots to his calf – and two of the three shooters were caught, but young Isaiah’s story is serving as the platform for the gun violence that is increasing within the Bedford Stuyvesant area.

“The irony of all of this is that for the first time since 1963, last year we were under 200 murders in Brooklyn. This morning, we have 14 more murders than last year,” said District Attorney Charles Hynes after participating in a prayer circle led called by BAVC President Taharka Robinson and led by The Rev. Robert Waterman for the family as little Isaiah smiled and frolicked inside his apartment.

“So, when I hear these pastors talking about a war, I agree; there’s a war and we have to do something about it,” Hynes said firmly, adding, “This is a strong community, and a strong neighborhood,; there is no reason why anyone should be able to carry a gun and shoot people like Isaiah; let’s go forward together.”

Hynes’ claim to unite with more community involvement and teaching our children “the right way” has been a plea made by numerous elected officials and community leaders over the years— a solution that many believe would cut down crime and in turn bring everyone closer together.

“Your children are my children, and that’s the way we should feel about it,” said Assemblywoman Annette Robinson during the rally.

“We all come from different parts of the world, but in all the parts of the world that we come from, we cannot allow our children to become victims in their community,” she said.

Also during the rally community pillars such as BAVC founder The Reverend Taharka Robinson, BAVC Vice President Bruce Green, Councilmember Letitia James, Reverend Conrad Tillard and Geoffrey Davis, Founder/CEO James E. Davis Stop Violence Foundation, to name a few, ardently spoke out on ways to make the community safer for everyone.

Rally leaders also encouraged children to express their feelings on what is happening around them.

“Why do children have to worry about getting shot while playing in the park? Why can’t we just have a safe childhood?” exclaimed young Bruce Green. “Why can’t (they) all grow up and live long lives? The answer to these questions is ‘guns in the streets’,” Green said.

Since the shooting, one of the suspects has been arrested but police are still searching for the other suspect. As for Rivera’s family, they are moving move forward and have joint the effort to stop the violence. “This needs to stop, this needs to stop today,” said Mr. Rivera, the victim’s father. “Who is going to be the next victim? It’s just too unfortunate and this needs to stop right now; it shouldn’t take a three year-old to bring the community together.”

If anyone knows anything about this crime, they are urged to call the command center hotline at (718)-250-2024.

(Note to readers:  This is the first of a series of stories regarding the incident and the emerging leadership being inspired by it. We also feel the sentiments of many of the speakers at yesterday’s rally should not be documented and not lost.)

Our Time at Home – Comfort Zone: A Safe Place, Light, A Book, Warmth

Quvenzhané Wallis, 8, star of the critically acclaimed independent feature Beasts of the Southern Wild, is seen here reading a favorite book on the set of The View television talk show. The independent feature, whose score was composed by a Brooklyn resident, had its first-ever public screening last month at the packed Brooklyn Academy of Music. Miss Wallis, and members of the cast and crew were present. Screening passes were swooped up one hour after the announcement, it was reported. (Photo: Sarah Peters, Fox Searchlight Pictures)

 Two years ago, first-grader Quvenzhané Wallis of Louisiana was cast in the role of Hushpuppy, a six-year-old fierce warrior in Court 13’s much-praised Beasts of the Southern Wild.

According to producer/director/writer Behn Zeitlin’s notes, “Hushpuppy takes on rising waters, a sinking village, changing times, an army of prehistoric creatures and an unraveling universe that she bravely tries to stitch back together through the sheer force of spirit and resilience.”

Miss Wallis, with no previous acting experience, beat out 4,000 hopefuls for the part; she memorized her lines, was the sole narrator for the 90-minute film and currently is handling interviews with broadcast veterans, such as Jay Leno (NBC’s Tonight) and Whoopie Goldberg (ABC’s The View) like a Hollywood pro.

 

In fact, last week, she met Ms. Goldberg on the View show and was gifted with books from the Oscar-winning actress/author.

The photo above of Miss Wallis engrossed in her number one favorite read: Ms. Goldberg’s Sugar Plum Ballerinas, was taken on The View set in New York City. Miss Wallis credits a love for reading and books for her success in bringing Hushpuppy to life.

The young stars other favorite reads, she informed us, are: “Judy Moody and the Not Bummer Summer by Megan McDonald, Scary School by Derek the Ghost, The Witches by Roald Dahl and anything by Dr. Seuss!”

Quvenzhane’s mother, Qulyndreia Wallis, mother of four, is a junior high school teacher and a sports coach. We asked Mrs. Wallis what very basic things can parents can do to raise strong children. Her responses:

“Use positive criticism.

“Using every moment as a teachable moment is a constructive way of showing them the right or wrong way.

“Instill faith of God that all things are possible.”

“Lead by example as parents.”

“Give them a chance to try. Even if they fail, encourage them to try again or try something new.”

In an upcoming issue of Our Time Press, OUR TIME at home: Summer Learning will offer recommendations from other members and associates of the cast of Beasts of the Southern Wild on the tools and resources young warriors need to survive in the worldly wild.