Cobble Hill letter to klein - Special Commissioner of Investigation
Cobble Hill letter to klein - Special Commissioner of Investigation
Cobble Hill letter to klein - Special Commissioner of Investigation
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Hon. J. I. Klein -26- June 26, 2007<br />
discussion with Vignola about the only other matter where OSI used immunity from<br />
disciplinary action, Hyland inquired about the “policy” <strong>of</strong> using it on future occasions. 87<br />
According <strong>to</strong> Hyland, Vignola gave permission <strong>to</strong> confer it “down the road.” 88 Hyland<br />
maintained that Vignola “trusted in [his] judgment.” Hyland added, Europe was “down<br />
the hall” when he was on the telephone with Vignola and did not take part in the<br />
discussion. Moreover, although she was “the boss,” Hyland did not recall any<br />
conversation with Europe about Vignola’s immunity decision. Hyland stated that he also<br />
did not send an e-mail message <strong>to</strong> anyone about it and did not know whether he wrote<br />
anything down. Hyland did not recall discussing the immunity issue with Vignola’s<br />
successor, General Counsel Michael Best. Hyland added that, on the Monday following<br />
Vignola’s departure from the DOE, Scarcella went <strong>to</strong> <strong>Cobble</strong> <strong>Hill</strong> <strong>to</strong> begin his<br />
investigation.<br />
Hyland reported that he had <strong>Cobble</strong> <strong>Hill</strong> in the “back <strong>of</strong> his mind,” but did not<br />
mention the case <strong>to</strong> Vignola. Hyland acknowledged that, instead, he extended Vignola’s<br />
authority from the prior case where immunity from discipline was used <strong>to</strong> the <strong>Cobble</strong> <strong>Hill</strong><br />
investigation. Hyland reported that he gave Scarcella the go-ahead <strong>to</strong> tell the <strong>Cobble</strong> <strong>Hill</strong><br />
witnesses that no disciplinary action would be taken against them for their statements <strong>to</strong><br />
OSI. Hyland claimed that, while not a “blanket” or a “free-for-all” policy, at that time, he<br />
<strong>to</strong>ld “everyone” in the <strong>of</strong>fice that immunity was an available <strong>to</strong>ol. 89 According <strong>to</strong><br />
Hyland, although he had no recollection <strong>of</strong> discussions with his superiors about extending<br />
immunity in the <strong>Cobble</strong> <strong>Hill</strong> investigation, he said: “it’s not like me <strong>to</strong> just say ‘OK go<br />
ahead do it,’ you know, and not tell somebody … but I don’t know, maybe I did.”<br />
Hyland claimed <strong>to</strong> have met with Scarcella frequently about the <strong>Cobble</strong> <strong>Hill</strong><br />
investigation – either weekly or bi-weekly – but he did not recall specific discussions<br />
about the progress <strong>of</strong> the case. According <strong>to</strong> Hyland, the regional counsel and the<br />
superintendent did not want <strong>to</strong> reassign Capra and hesitated <strong>to</strong> follow Scarcella’s<br />
recommendation <strong>to</strong> do so. 90 Hyland did not know how or when Principal George or LIS<br />
Pelles became subjects <strong>of</strong> the investigation, but he asserted that they both “lied.”<br />
According <strong>to</strong> Hyland, he had no role in writing Scarcella’s closing report in the <strong>Cobble</strong><br />
<strong>Hill</strong> matter, although he read it.<br />
87 To SCI investiga<strong>to</strong>rs, Vignola denied that this conversation <strong>to</strong>ok place.<br />
88 Hyland initially avoided attempts by SCI investiga<strong>to</strong>rs <strong>to</strong> schedule an interview with him. Then, on July<br />
31, 2006, the DOE terminated Hyland’s employment. Thereafter, as investiga<strong>to</strong>rs were about <strong>to</strong> serve<br />
Hyland with a subpoena <strong>to</strong> appear and give testimony at SCI, he agreed <strong>to</strong> be interviewed.<br />
89 Dal<strong>to</strong>n and Europe both testified at SCI that they were not <strong>to</strong>ld about Hyland’s proclamation that<br />
immunity was available.<br />
90 Hyland was referring <strong>to</strong> Superintendent Marcia Lyles and Regional Counsel Judith Kay. According <strong>to</strong><br />
Hyland, Scarcella thought it would be easier <strong>to</strong> conduct the investigation if Capra were out <strong>of</strong> the building.<br />
Ultimately, Capra was reassigned and later resigned.