One of the strange things, to my mind, is that the whistleblower in the Bottari case was presumably represented by the same group as Bottari - how well was he represented when they were trying to get back a woman back her job who'd remorselessly threatened to hire a hitman to murder him for his having been a whistleblower? How well are law-abiding members being represented?
How well is the mission being adhered to, e.g. "Accountability: We are accountable for our actions and decisions." http://www.cseany.org/our-mission/? Is it an organization that is really "working for a better New York for all"? What are their "best interests"? "The following shall constitute the basis for complaints against any member or officer of CSEA [...] Any other conduct detrimental to the best interests of CSEA". Threatening schools that they need to employ drug-using school bus drivers, even ones who would threaten to hire a professional killer to murder a whistleblower: that's in the best interests of CSEA?
From: Christopher Philippo
Subject: "Top court: Rehire pot-smoking bus driver."
Date: June 25, 2013 6:19:47 AM EDT
To: Neil Breslin
Cc: "publisher?nytimes.com"
In New York, schools can be threatened and sued into forcing children to be entrusted to the care of drug-abusing drivers and the legislature won't do anything about it despite being aware of the problem and the top court will support the threats rather than the safety of the children and the safety of drivers who must share the road with drug-abusing school bus drivers and the safety of property owners who must have drug-abusing school bus drivers pass their homes and businesses. Seems like the legislature, top court, and governor ought to be putting the children's best interests first, rather than the interests of an organization that's one of the top political and campaign donors in New York, one which has a long history of major crimes being committed by its members and officials.
The Racketeer Influenced and Corrupt Organizations Act and also the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 seem fairly appropriate for an organization such as CSEA? If not, then why not? Exactly how bad need they get?
Gavin, Robert. "Top court: Rehire pot-smoking bus driver." Albany Times Union. February 12, 2013.
"Therese Assalian, spokeswoman for the union, said the district had the option to suspend the driver [Cynthia DiDominicantonio] with or without pay, subject her to testing or take other actions short of firing."
O'Brien, Tim. "Shen told to rehire drug test-flunker; Court says driver who tested positive for pot must be returned to job." Albany Times Union. December 6, 2011: B4.
"Assalian would not speculate on Shen’s next move but said CSEA intends to maintain its position without change. She also referenced the cost of litigation. 'They’ll have to decide whether it’s beneficial for them to pay for more litigation in this case,' she said. 'Litigation is expensive.'"
Griffith, Glenn. "Shen overruled in bus driver firing; court says district violated collective bargaining agreement." Community News. December 6, 2011.
"Therese Assalian, spokeswoman for the CSEA, said the union will continue to fight on behalf of DiDomenicantonio. The district is spending considerable taxpayer funds to fight the legal case, she said, when the contract language requires that an arbitrator's decision be binding on both parties."
O'Brien, Tim. "Shen to fight rehiring drug-test flunking driver; CSEA union criticizes school board's decision to appeal court ruling." Albany Times Union. December 8, 2011: D6.
“DiDomenicantonio submitted to the test upon returning to the bus garage after delivering children to school that day. When the test results came back, she was placed on unpaid suspension and then fired in November 2009 [...] she contended she hadn’t smoked but may have been exposed to secondhand smoke or inadvertently eaten marijuana-laced food […] “It is unclear whether DiDomenicantonio still wants the job back more than two years after being fired, but the decision goes beyond her specific case and bodes well for worker issues, said CSEA spokeswoman Therese Assalian. ‘There is a clear process for discipline,’ Assalian said. ‘They chose to throw that out the window and proceed a different way. You can’t just throw that out the window because you don’t like it.’ […] CSEA attorneys also are reviewing the decision, Assalian said.”)
Zarnowski, Tatiana. “Court: Shen bus driver shouldn’t be fired; District told to abide by contract for bad drug test.” Daily Gazette [Schenectady, New York]. December 2, 2011.
Matter of Shenendehowa Cent. School Dist. Bd. of Educ. v. Civil Serv. Employees Assn. Inc., 2010 NY Slip Op 52107 - NY: Supreme Court, Saratoga 2010 ("Second hand smoke or her unwitting ingestion of marijuana laced food prepared by her daughter.")
In the Matter of Arbitration between Shenendehowa Central School District Board of Education, 90 AD 3d 1114 - NY: Appellate Dic., 3rd Dept. 2011
Evidently the School Bus Safety Bill concerning drivers who make the decision to drive school buses full of children on public roads while under the influence did not pass the NYS Assembly years ago:
Garrison, William D. "Bus drivers must be made to follow rules." Albany Times Union. July 19, 1997: A6.
"A driver must not be able to use this binding arbitration or collective bargaining loophole in order to continue in his or her career as a bus driver in the same or other districts."
Prentiss, Robert G. "Legislature should take responsibility for its laws." Albany Times Union. March 4, 1999: A10.
The "loophole" seemingly is that the agreement permits schools to fire such drivers, but arbitrators who ignore that part of the agreement can be used to file frivolous lawsuits.
"Suspension without pay or discharge may be invoked with less than two (2) written warnings where the employee's conduct creates a danger to the health, safety or welfare of staff, students and/or the general public or creates a danger to property. A positive result in any required drug or alcohol test is considered such a danger to health, safety or welfare of staff and/or the general public or creates a danger to property."
Agreement by and between the Shenendehowa Central School District and CSEA Local 1000 AFSCME AFL-CIO § 47 ( c) (4)
"The district successfully changed a clause in the new CSEA contract passed recently allowing officials to suspended without pay or discharge an employee with less then two written warnings concerning positive results for drug or alcohol use, according to district documents."
Gardiner, Bob. "School bus driver quits after positive drug test." Albany Times Union. June 12, 1997: B7.
Is there nothing that can be done?
Recidivism among such drivers, at least within Shenendehowa, seems to have been significant:
Jacalyn Frances Gibbs
"State Police said the arrest of Jacalyn Frances Gibbs, 39, of 9 Birchwood Drive followed a lengthy investigation into marijuana trafficking in the Clifton Park area. She was arrested Tuesday after police, armed with a warrant, searched her house and seized two ounces of marijuana, $300 and drug paraphernalia. Gibbs was charged with third-degree criminal sale of marijuana, a felony, and two misdemeanors: criminal possession of marijuana and endangering the welfare of a child. [...] The investigation also resulted in the arrest of a 15-year-old boy, who was charged with unlawfully growing marijuana. The youth's name was not released because of his age. The case was referred to Family Court, whose proceedings are confidential, and he was released into the custody of his father. [...] State Police said the investigation is continuing. They did not say whether Gibbs is suspected of selling the drug to students."
Ringwald, Christopher. "Shenendehowa Bus Driver Suspended After Drug Arrest." Albany Times Union. January 12, 1995: B5.
"2000 Harley Davidson Motorcycle operated by JACALYN F. GIBBS, of Clifton Park, had been struck by a 2000 Kenworth dump truck. Investigation showed that Gibbs had maneuvered her motorcycle into the 'No Zone' at the front of the dump truck while traffic was stopped for a red signal at the intersection. The operator of the truck did not see GIBBS maneuver her motorcycle into the space in front of his truck. As the light turned green and the truck operator started forward he was unable to observe the motorcycle. The Motorcycle and operator were struck and pushed down the highway a short distance before the driver brought his truck to a stop.
"Efforts to resuscitate GIBBS were unsuccessful, and she succumbed to her injuries at the scene. "Motorcycle dumptruck fatal accident in Halfmoon.” New York State Police Newsroom. June 18, 2012.
"Jacalyn F. (Perkins) Gibbs." Albany Times Union. June 2012. (“Jacalyn was employed as a bus driver, most recently for Tri City Ambulette in Menands”)
Sherry Baker
"District and union officials have refused to identify the woman on the grounds that she was not charged with any crime, terming the issue was an internal personnel matter. […] [Superintendent John] Yagielski said school officials feel confident after talking to the driver that any alleged drug use was an isolated incident and not an ongoing problem."
Gardinier, Bob. "Bus driver rehired after failing drug test." Albany Times Union. August 23, 1996: B4.
Gardinier, Bob. "School bus driver quits after positive drug test." Albany Times Union. June 12, 1997: B7.
Lisi, Michael. "Shen bus driver fails drug test, resigns." Daily Gazette [Schenectady, NY]. June 12, 1997: B1.
Drivers' activity is not restricted to drug use, driving under the influence, and involving a minor child in unlawfully growing marijuana, but also has included remorselessly making a threat of hiring a professional killer to murder a whistleblower:
Donna Bottari case
"Albany Donna Bottari was so steamed that a fellow Saratoga Springs school bus driver reported her erratic driving in May 2002 that she told a co-worker she was going to arrange a 'hit' on him, according to a court decision released Thursday. Not a good idea. Following a two-year court battle, the Appellate Division of state Supreme Court ruled Thursday that Bottari must be fired. The 4-0 decision reversed a move by Saratoga County Supreme Court Justice Thomas D. Nolan Jr. to reinstate Bottari last summer. […] 'We're disappointed with the decision,' said Therese Assalian, a spokeswoman with the Civil Service Employees Association. 'We agree with the lower court, and we're considering our options. 'That might include taking the case to the Court of Appeals, she said.'"
Bolton, Michael Morgon. "Bus Driver Firing Upheld" Albany Times Union. January 30, 2004: B4.
"In May 2002, petitioner, a school bus driver employed by respondent Saratoga Springs City School District, was reported by another driver, Brian Winne, for driving her own bus erratically. A few days later, petitioner confronted Winne and verbally berated him. Petitioner also told another coworker that she was going to 'get a hit out on [Winne]' because he filed the report against her. [...] petitioner had erratically operated a school bus, had used threatening and obscene language against Winne and had threatened to 'get a hit man to take Winne out.' […] petitioner's poor judgment and lack of remorse, the disturbing nature of her comments"
In the Matter of Bottari v. Saratoga Springs City School District, 3 AD 3d 832 - NY: Appellate Div., 3rd Dept. 2004.
CSEA's evidently been threatening Shenendehowa in order to force them to rehire drug-abusing school bus drivers for sixteen years at least. It's not all that surprising when one considers, e.g. the case of Steven Raucci, school facilities supervisor and convicted bomber:
Steven Raucci
“Capital Region CSEA spokeswoman Therese Assalian said the Schenectady CSEA Local 407 chapter had been placed in ‘administratorship’ on Monday, which means that the state CSEA will take over day-to-day operations of the bargaining unit. She said the local chapter also has a vice president, treasurer and secretary, but state CSEA believed it was best to step in as a result of the allegations against Raucci. Assalian believed Raucci has been president since 2001 and receives no salary for the position. She was not aware of any issues at the local chapter. She said the local chapter functions fairly independently, although it receives support from the regional and state organization. Assalian said it was somewhat unusual — though not unheard of — that Raucci would be union president while holding a management position. ‘It’s not something we can control or change.’”
Cook, Steven and Michael Goot. “Raucci charged in Schodack case; Alleged arsonist Steve Raucci posted $200,000 bond Tuesday and was released — into the waiting handcuffs of a Schodack police detective.” Daily Gazette [Schenectady, NY]. February 25, 2009.
"Since his arrest a week ago on a first-degree arson charge, and the discovery of a small explosive device in his office at Mont Pleasant Middle School, a portrait has begun to emerge. It shows a man who'd grown up in a family involved both in organized crime and a murderous personal dispute. Carney painted him as someone who'd coveted power and sought to strike fear into the hearts of anyone who stood in the way of him, his associates or even his school and union. ‘He has a more than 20-year history of intimidation and vandalism, and that's his pattern,’ Carney said on the Vandenburgh show. […] The state CSEA has taken over daily leadership of the local unit at Schenectady schools, said Therese Assalian, a regional spokeswoman."
Hutchins, Ryan. "Dark portrait of suspect grows; Prosecutor says school official routinely used fear as tactic." Albany Times Union. February 27, 2009: A1.
Gavin, Robert. "Raucci can keep pension, court says; High court says victims can't sue convicted felon to confiscate his pension." Albany Times Union. February 20, 2013. http://www.timesunion.com/local/article/Raucci-pension-ruling-reversed-4289845.php
Sincerely,
Christopher K. Philippo
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“Make you the world a bit better or more beautiful because you have lived in it.” - Edward W. Bok
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