To:        BUFFALO BOARD OF EDUCATION

PAMELA BROWN, SUPERINTENDENT

PEOPLE OF THE CITY OF BUFFALO

From:   CARL P. PALADINO

Cc:       THE ERIE COUNTY DISTRICT ATTORNEY, THE NEW YORK STATE ATTORNEY GENERAL, ALL   PRESS, EVERYBODY ELSE

Date:    MAY 3, 2013

Re:       PAMELA BROWN AND RUTH KAPSIAK MUST RESIGN

 

Buffalo Public Schools (BPS) Superintendent Pamela Brown and Board of Education (BOE) President Ruth Kapsiak must resign their positions or the BOE must demand that the District Attorney and/or Attorney General impanel a Grand Jury to investigate their complicity in a conspiracy with Buffalo Teachers Federation (BTF) President Philip Rumore and the BPS administrative union president Crystal Barton to defraud the State of New York.

The State Education Department (SED) had mandated that in order to receive over $100 million in SED and Federal funding, the BPS adopt a teacher evaluation program that would meet certain defined criteria.  BPS negotiated and signed such an Annual Professional Performance Review (APPR) agreement with Rumore and Barton and submitted the agreement to the SED on January 17, 2013.  At that time, Pamela Brown certified that the APPR plan “constitutes the district’s. . .complete (APPR) plan, that all provisions of the APPR that are subject to collective negotiations have been resolved. . .and the plan has been adopted by the governing body of the district. . . .”

Without consultation and approval of the entire Board of Education (BOE), but with the apparent sanction of Kapsiak and other unknown Board members, on January 15, 2013 Brown signed a Memorandum of Understanding (MOU) (a side letter) with Rumore and made an oral agreement with Barton that certain material provisions relative to the discipline of “ineffective” teachers in the APPR would not be enforced.

The MOU was intentionally not disclosed to the SED which constitutes a criminal fraud on the part of the conspirators.

Rumore then made the mistake of proudly publishing in his monthly newsletter to teachers that the APPR was toothless because of the MOU, which fact was brought to the attention of the SED which then confronted Pamela Brown with the illegality demanding an explanation.

On January 28, Brown admitted the conspiracy and her crime by forwarding the MOU to the SED and admitting the oral agreement with Barton.  On January 29, 2013 (letter attached) SED advised that the MOU was void reserving the right to reject the APPR and millions in school funding in jeopardy.

Pamela Brown, after the fact, disclosed the MOU to the entire BOE in an illegal executive session illustrating a desire by Brown and Kapsiak to cover up the illegality.  Board members were told that any matters discussed in executive session could not be disclosed publicly.

In a letter dated March 25, 2013 (copy attached) the SED expressed further concern that the BOE was not implementing the terms of the APPR and the BTF website had not taken down its reference to the MOU nor had it acknowledged its intent to comply with the APPR putting schools funding in jeopardy.

As a result, there has been little or no transparency or public disclosure of the issue.

Pamela Brown has conspired to commit fraud and has unprofessionally lied in response to press inquiries stating that she didn’t know about this issue (she is looking to blame a BOE lawyer to take the fall as a scapegoat.)   She denies there is anything wrong with having a side letter and in any event, she now intends to disregard the MOU and enforce the APPR.  She has clearly illustrated that she is not capable as Superintendent, does not know right from wrong, has no conception of the illegality of intentionally misrepresenting, is surely under the control and dominance of the predatory union president and she is subjected to the ignorant and incompetent will of a dysfunctional BOE President and majority of its membership.

Phil Rumore and Crystal Barton have conspired to commit fraud and, in the interest of spin and misdirection they have characterized the MOU as just another way for the unions to protest Albany mandates not to their liking.  Showing his desperation and fear that his reign of terror on schoolchildren might be coming to an end, Rumore has maliciously slandered me and other candidates for the BOE who will not march to his drum beat or who may cry out for his prosecution for his criminality.  For him, he only did what he has always done for the last 30 years.  He schemed, lied and conspired with others over whom he has control and dominance to get his way.  Shame on the teachers and principals who allow these ingrates to continue in their leadership positions.

I, too, believe that Albany’s micromanagement of an unenforceable teacher evaluation plan is ridiculous but I have not promoted an illegal fraud to fight its enforcement.

Ruth Kapsiak as BOE President was complicit in the conspiracy to defraud the SED and further did not properly disclose to the Board at the time it approved the APPR that there was an MOU.  When she finally did disclose in executive session she illegally advised the BOE that they could not publicly reveal the issue.