January 12, 2009

KNOW YOUR RIGHTS: INVESTIGATIONS
Union representative should be present at investigatory interview

You have the right to union representation at an investigatory interview. An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct.
Management is not required to inform employees of their right to union representation; it is the employee’s responsibility to claim it.

The DOE uses three avenues of investigation to probe charges of misconduct: the Office of the Special Commissioner of Investigations, the Office of Special Investigations, and the school principal.

The UFT strongly recommends that you do not speak to any investigator without union representation, even if you are being questioned as a witness. If approached by an investigator, ask for the investigator’s business card and say that a union representative will be in touch to set up an appointment. Then immediately inform the UFT borough office that you are under investigation and need union representation. If you are being questioned as a witness, an investigator may say that you don't need union representation because you are only being questioned as a witness. Don't believe him. They can use your answers against you. For example, if an investigator asks if you saw Mr. Smith hit John Doe and you say “yes,” they can bring you up on charges for not reporting it!

Upon concluding an investigation, OSCI and OSI both produce a report, which usually contains a disciplinary recommendation for the DOE to follow. You will usually be called to the superintendent’s office to discuss the report. You should contact the UFT district representative through the union borough office to arrange for a union representative for that meeting.
For investigations conducted by the school principal, do not speak to the principal about any allegation without the chapter leader present.

All allegations of misconduct, regardless of the avenue of investigation, should be taken seriously. Do not rush into any hearings or interviews without proper union representation. If you are removed from a school pending the conclusion of an investigation, the district rep should be contacted immediately. The rep will give you advice about how to proceed while reassigned.

Arrests
If the police should arrest you in school for any reason, work-related or not, you or your chapter leader should call the UFT borough office immediately for assistance. You should give the UFT representative the name and precinct of the arresting officer along with any other details you have regarding the arrest. If you are arrested, you must notify your principal and the Office of Personnel Investigations in writing. The UFT will provide legal assistance if you are arraigned. If you are arrested for any actions arising out of the disciplining of a student, you should immediately apply to both the DOE and the city Corporation Counsel for representation.

Legal Assistance
If you face criminal or civil charges as a result of disciplinary actions taken against a pupil while you were doing your job, the DOE will provide you with legal representation. You should immediately contact your district representative or your UFT borough office for assistance in getting a DOE attorney.

CONTACT INFORMATION
Office of Special Investigations
65 Court Street – Room 922
Brooklyn, NY 11201
Phone #: 718-935-3800
Fax #: 718-935-3925/3927

Office of Personnel Investigation
New York City Department of Education
65 Court Street - Room 223
Brooklyn, New York 11201
Telephone: 718-935-2666/2668
Fax:718-935-4366

UFT BROOKLYN BOROUGH OFFICE
335 Adams Street
Brooklyn, NY 11201
718-852-4900

Extended Time
Remember that as SBO'd last May, extended time runs from 8AM - 8:371/2 AM with the school day running from 8:371/2 AM - 2:571/2 PM Monday through Thursday, while Friday runs from 8:40 AM - 3:00 PM.

“Teacher Data Initiative” Reports
Your “Teacher Data Initiative” reports are to be confidential between the you and the principal and cannot be used in teacher evaluation.

Teacher’s Choice
Save your Teacher’s Choice receipts. Keep receipts for classroom purchases made after Aug. 1 for Teacher’s Choice reimbursement. The purchasing period ends on March 15, 2009. Reports and receipts for all items purchased must be submitted by March 31, 2009. For more information, go to

http: //schools.nyc.gov/Offices /DFO/BusinessOperations /KeyDocuments/Teachers+Choice.htm

Leaves
Before taking a leave of any kind, call John Settle at the UFT Brooklyn Borough office, 718-852-4900.


Certification
Ann Rosen at the UFT Brooklyn Borough Office can assist you in certification matters.

Our next chapter meeting will be a UFT pension meeting on January 27 with special representative Stephen Gappelberg.