Follow up on DOE’s Violation of Their Own Regulation C-770

Yesterday’s post Rubber Room Administrator Michele Nacht Exiles Educators Far From Home sparked a response from railroaded teacher of the year David Pakter who tells us this happened to him. In fact it seems that this is a long running policy.

I also heard from another teacher who tells me he too has been hit with this last week. Where is the UFT? Clearly Ms. Nacht has no worry about the union coming in. “Let them grieve…”

From David Pakter-

Dear Francesco:
Regarding your story: “Rubber Room Administrator Michele Nacht Exiles Educators Far From Home”, you and your readers might find the following of interest.

Please feel free to publish this entire communication on your Web Site.

The well known NYC Dept. of Education retaliatory technique of illegally banishing so-called suspended teachers to locations far from their home schools, home Districts and especially their own private homes, has been going on for many years.

The idea is to visit as much inconvenience, stress and unnecessary out of pocket expense on teachers as possible, in the hope that by wearing them down, in every way possible, they will eventually decide to just “throw in the towel” and retire before their teacher trial ever reaches a Decision.

The first time I was removed from my Manhattan High School for refusing to surrender quite damaging evidence in my possession,  I was illegally banished all the way to the Chapel Street Rubber Room deep inside Brooklyn.  Quite a trip to make each day from my home in Manhattan.

The second time I was removed, on knowingly fraudulent charges, despite the fact that the District Office Rubber Room was 3 (Three) blocks and a three minute walk from the school, I was assigned to report to a small, windowless Rubber Room in Harlem, more than 5 (Five) miles from the school which required both a train and bus ride to reach.

While I was told that there was no more space in the Rubber Room near my school, just a few days later another teacher from my school was removed and assigned to the very Rubber Room where the DOE claimed there was no space.  And a week later, still another teacher from my school.

The person who was directly responsible for this punitive and illegal behavior, Judith Rivera,  like most people in positions of power within the New York City Dept. of Education, was fully convinced and believed she was above the Law and thus could do as she pleased to whomsoever she pleased.

But eventually Ms. Judith Rivera paid a very heavy price for her evil deeds.  And she paid that price long after her dastardly deeds had been committed against me and when she least expected to pay that price.  And that all happened by my own design.

The motto of Scotland is ”Nemo Me Impune  Lacessit”, Latin for ‘Nobody shall provoke/injure me with impunity’. (The origin of the motto reflects the feudal clan system of ancient Scotland, particularly the Highlands.)

The popular expression, later on became ”revenge is a dish best served cold” and suggests that revenge is more satisfying if enacted when least expected.

I have always found  the above ideas to be quite true in practice, in particular in dealing with the New York City Dept. of Education, a Twenty Three billion dollar entity, which at its top is totally controlled by people devoid of the slightest decency and/or morals and who rule by means of their legions of well trained lap-dogs, hatchet men and women, clueless flunkies, countless vicious paid lackeys and enforcers and other assorted walking automatons too numerous to name.

And thus Judith Rivera, who once did to NYC teachers what the Rubber Room Administrator Michele Nacht, who you wrote about, does now, eventually received her well earned “just deserts” for the evil she had visited upon me and so many other innocent NYC teachers.

Here below follows the story of how I wrote a letter to “The OFFICE OF THE SPECIAL COMMISSIONER OF INVESTIGATION FOR THE NEW YORK CITY SCHOOL DISTRICT” about Judith Rivera.

As the attached letter states, I announced that it was my intention to go to the FBI if the above “Office of the Special Commissioner” did not act on my information.

And thus long after Judith Rivera had visited so much grief upon my life, in so many ways, the long arm of Justice reached out and delivered unto Judith Rivera the punishment she had more than earned, and so justly deserved.

The “system”  finding itself “caught between a Rock and a Hard Place”,  realized it had no choice but to fire Judith Rivera forthwith lest I go to the FBI with what I knew.

Again, please feel free to publish this entire communication on your Web Site.

David Pakter
Paris, France



Date: Tue, 15 Jun 2010 13:09:18 -0400

Attention:  FRANK BYRNE, Investigator, SCI

Re:  Judith Rivera,  Deputy Human Resources Director,  NYC DOE
333 Seventh Ave. NYC, NY
Dear Mr. Byrne:

I understand that you have an interest in JUDITH RIVERA, a DOE employee.

In that regard I offer you the following information.

I have had dealings with your office in the past in which a serious interest in establishing facts and truth often appeared to be outweighed by other considerations.

From the time I contacted Chancellor Joel Klein on Oct. 2, 2003 to report serious Federal crimes occurring at my former school I have been the victim of egregious non-stop Whistle-blower retaliation which has continued, unabated, for the past seven years.

Currently undergoing a State Teacher 3020-a Hearing based on such preposterous charges as allegedly bringing a plant to school without the Principal’s permission, I have recently received new charges equally absurd and some wholly fabricated which will be exposed at a future trial.

I reached out to your office for assistance as long ago as 2004 and quickly discovered that when people do not like a message they revert to the old knee jerk reaction of attempting to destroy the messenger.

A type of reaction to bad news that stretches back to the dawn of history.

I was personally honored in a NY City Hall ceremony by the former Mayor of New York City, the Hon. Rudolph W. Giuliani, as a ‘Teacher of the Year’.

Nevertheless, all my past contributions and achievements in the field of Education proved of little assistance/protection, once I became a Whistle-blower and approached your office with the assurance I would be protected.

I mention the above only for the purpose of informing you that I have no expectation either now or in the future, of receiving fair protection from your office for any information I may bring to your attention.  That hope is long gone.

As I understand that you have taken an interest in Deputy Human Resources Director for Manhattan, Judith Rivera, I offer the following information.

Ms. Rivera was caught in several rather humiliating admissions during Cross Examination by my NYSUT Attorney, Christopher Callagy, Esq. last summer during my current State 3020-a Hearings.

Among other facts that came out during  a most skillful Cross Examination, Ms. Rivera was forced to admit under Sworn Oath, that she had knowingly personally ordered me transferred from the Manhattan Rubber Room to a Brooklyn, Rubber Room in 2004, contrary to the Chancellors Regulations.

Ms. Rivera under Sworn Oath was forced to admit she had knowingly violated the Chancellors Regulations in transferring me out of Manhattan where I had taught for decades.

It may interest you to know, Mr. Byrne that my first removal was the result of the fact that I refused to surrender evidence in my position that my School Principal at the time, Madeleine Appell, had been applying for and receiving Special Blue Print for the Arts school funding for Music, amounting to over $ 75,000. per year to her school, but had in reality, illegally gotten rid of her Music Dept and its staff.

Within 24 hours after I exposed her illegal actions, she retired but not before guaranteeing I would be removed myself a day after she tendered her resignation.

The Whistle-blower retaliation against me continues to this very day and I will soon be facing my third State Education Law 3020-a Teacher Hearings.

Should any of the above interest you, you need only Google my name to learn what happened to me after I voluntarily approached SCI in 2004 fully believing the stated promise by SCI that “Whistle-blowers are protected”.

After all these years I hardly expect your office to suddenly act any differently than it has in the past. This is something not in your personal control, I admit.

I rather doubt your office will care about the fact that Ms. Rivera, appears to be the individual responsible for ordering the illegal withholding of all my DOE printed and issued paychecks since October 1, 2009.

Nevertheless, I reaize that your office may have suddenly taken an interest in Judith Rivera for reasons that have nothing whatsoever to do with David Pakter.

If your office is serious, for example, about establishing that Judith Rivera, on information and belief, appears to be a NO SHOW City employee, for much of the time, who has possibly cheated the DOE out of tens of thousands of dollars then SCI should stake out her addresses in Stroudsburg, PA., immediately with cameras and live SCI investigators.

It is virtually inconceivable to believe Judith Rivera drives almost 100 miles EACH WAY, twice a day, (Total 200 miles),  five days per week (1,000 miles) to NYC from her residence in Stroudsburg, PA to New York City to report to her job as a Human Resources Director at 333 Seventh Ave., in Manhattan.

SCI should subpoena ALL her home phone and cell phone records for the past five years which will prove where she was at every time of the day all these past years.

SCI should also subpoena the DOE phone records, all incoming and outgoing calls for Rivera’s Assistant, Vicky Santiago at 333 Seventh Ave and then they will have a second record of Rivera’s whereabouts for the past several years.

SCI should subpoena  ALL cell phone records of Rivera’s Asst- Vicky Santiago, and see who she called each day and to what City.  These home and cell phone records NEVER LIE–THEY PROVE EXACTLY WHERE A CALL ORIGINATED AND WHERE IT WENT TO AS WELL AS THE TIME OF DAY.

If SCI is really serious about tracking the whereabouts of Judith Rivera, a very highly paid City employee and establish if she has taken money under false pretenses, the above strategy is a necessary part of that investigation.

If these allegations are true–then Vicky Santiago becomes a co- conspirator in Judith Rivera’s possible attempt to commit fraud and theft of taxpayer dollars.

Remember to get all cell phone records as well as office and home phone records for both Judith Rivera AND Vicky Santiago at their homes and place of employment.

Finally- SCI can very easily attach a GPS device under both women’s cars and SCI will be able to track them within 50 feet anywhere in the USA, 24/7.

Let me emphasize that all above information is supplied to SCI on information and sincere belief but is not guaranteed to be completely accurate which is why it is necessary for SCI, with the possible assistance of the FBI, which has investigated many such NY State employee situations, to establish how often Judith Rivera is at her residence in Stroudsburg, PA when she is being highly paid to carry out her job obligations in NYC at 333 Seventh Ave.

Finally, there is a possibility that Judith Rivera is aware she is being investigated and has therefore been remaining and residing in NYC for the past several months.  This is why all her cell and Stroudsburg, PA phone records MUST be checked going back several years.

Obviously, the less people who know about your investigation/s of Judith Rivera, the better.  Sharing the contents of this email, Mr. Byrne, should be done on a strictly “need to know basis”.

I believe that you have arranged to meet with my private Attorney, Dr. Joy Hochstadt, Esq. at 2 PM on May 10.  I will be attending a State Hearing on that day but Dr. Hochstadt can relate to you all the information that is in my possession.

I would like to believe, Mr. Byrne, that you are the exception, rather than the rule, at SCI, where fairness and integrity in Investigating, has not always been the order of the day.

If that hope is borne out, you will, at least to some extent, have restored some degree of Honor to your Office.


David Pakter, M.A., M.F.A.  (former ‘Teacher of the Year’)

About Francesco Portelos

Parent and Educator fighting for the student and the teacher.
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  1. Nacho did it to me too!

    David Suker

  2. I’d correct that but it’s sounds so much better that way. :)

    David Suker

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