Cobble Hill letter to klein - Special Commissioner of Investigation

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Hon. J. I. Klein -64- June 26, 2007 • Nobile’s report was not timely; and • Nobile was not subjected to retaliatory conduct after reporting his complaint. To be considered for whistleblower status, information must be reported to the New York City Commissioner of Investigation (“DOI”), a New York City Council Member, the New York City Public Advocate, or the New York City Comptroller. Because SCI is part of DOI, matters can be reported there, as well. The timing of Nobile’s report indicates that he was not “blowing the whistle” on a corruption problem at Cobble Hill. If you believe that the April or May 2003, verbal report to George occurred, 10 or 11 months after the June, 2002 Regents exams were administered and scored, then Nobile already had received a “U” following an observation by Capra in March 2003. 225 Nobile admitted that fact while describing his purported exchange with the principal in his testimony at George’s disciplinary proceeding. Nobile also had received a “U” from George following an observation in March 2003. 226 Nobile’s written complaint of “Regents cheating” at Cobble Hill, eight months after the June 2003 Regents exams were administered and scored, resulted from his belief that he was in danger of having his employment terminated. In January 2004, Nobile believed that Capra intended to observe him several times before the end of the school year. 227 In early February 2004, Capra observed Nobile for which he received a “U.” 228 To keep his job, Nobile took on his nemesis, Assistant Principal Theresa Capra, who dared to challenge his fitness as a teacher. Philip Nobile Nobile served as the complainant, the investigator, the document examiner, the author of the report, and the liaison to the NYSED. He attempted to serve as the expert witness, the lead prosecutor, assistant to the arbitrator, and advisor to the Chancellor. 225 On March 11, 2003, Capra observed Nobile and rated his classroom performance “U.” 226 On March 10, 2003, George observed Nobile and rated his classroom performance “U.” 227 Nobile received a letter to his file from Capra, dated January 9, 2004, which referred to Capra’s January 6, 2004, observation of his class. The letter indicated that Nobile’s “lack of preparation resulted in a wasted instructional period.” 228 Nobile also received a “U” rating from Capra relating to an observation conducted on February 10, 2004.
Hon. J. I. Klein -65- June 26, 2007 Nobile – the admitted “author of the cover up theory” – maintained that George buried the Regents cheating allegation. However, Nobile had failed to disclose this purported misconduct for two years. Nobile’s claimed verbal report in April or May 2003, either never occurred or was so mired in his constant complaints about Capra that George missed it. Nobile also blamed George for ignoring the allegation during the period between Nobile’s written complaint in February 2004, and the Leardi letter in April 2004. Had George actually been involved in a cover-up, however, he would not have voluntarily disclosed all the witnesses, including Nobile, to Scarcella. Nobile successfully manipulated Scarcella and, for all intents and purposes, ran the OSI investigation. Although Nobile would not admit it in his testimony at the George proceeding, Scarcella acknowledged in his testimony that Nobile wrote portions of the OSI Cobble Hill report. In his testimony at the George proceeding, Nobile attempted to minimize his contact with Scarcella as evidenced by his memory of only 10 telephone calls when, in reality, there were hundreds of calls between Nobile and Scarcella. 229 Based on Scarcella’s report, George was demoted and later charged pursuant to the New York State Education Law. Nobile turned his attention to the George prosecution, expecting to be accepted by the OLS attorneys in the same way that he had been embraced by Scarcella. However, he met resistance. Despite inundating OLS – the “prosecution team” of which he considered himself a member – with his plans to win the case against George, his overtures repeatedly were rebuked. As was his pattern when he felt threatened, Nobile, in turn, threatened to go to SCI. 230 OLS personnel were not intimidated and they repeatedly advised him to contact SCI. But Nobile never contacted this office. Had Nobile known or reasonably believed that there was cheating at Cobble Hill in 2002 and 2003, he was obligated to report that information to SCI directly and without undue delay. Nobile did not do so; instead, he raised his claim only after receiving a letter to his file which indicated that he lacked preparation for class and receiving an unsatisfactory observation. Even then, Nobile did not contact SCI. 229 See the transcript at pages 1733 and 1734. An analysis of Nobile’s telephone records revealed 114 calls to Scarcella’s telephones between May 2004 and July 2006. An analysis of Scarcella’s telephone records revealed 121 calls to Nobile’s residence between July 2004 and July 2006. 230 In addition to his allegations about Capra, George, Pelles, Lyles, Farina, and Rodriguez, Nobile filed or threatened to file complaints against a supervisor at his assignment before Cobble Hill – Washington Irving High School – and against the assistant principal who replaced Capra. Nobile also left a threatening message on the answering machine of a teacher who suggested he should step down from his union representative position. According to this teacher, Nobile admonished her that any action she took against him … would “act as a boomerang that would come back to get [her].”
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Cobble Hill letter to klein - Special Commissioner of Investigation

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