Tom Gonzalez <tgonzalez@tsg-law.com> wrote:
Ms. DeCesare, if by your charge of professional standards you mean your email of May 12, 2007, I am unaware of any pending investigation of it. Although described as a "formal charge from a citizen, based on the data below," those "data" are contained in a single web log posting attributed to a "Suzie Creamcheese." In fact, the District employs no one by that name. Therefore, what you have forwarded is in fact an anonymous complaint. Such complaints are impossible to investigate and so they are not processed unless a victim is identified by name. Should Ms. Creamcheese choose to file a complaint, or should you wish to identify her (or him) so that the Board's professional standards' investigators can speak to her/him, then I will in fact refer the matter, but please note the following. As it is currently drafted, there is no violation of Board policy noted in the Creamcheese posting. A principal concerned about the actions of his staff may in fact make comments about the dissemination of materials he or she considers to be "malicious and false." A principal may in fact provide a reference in which he refers to a teacher as "high maintenance" or "uncooperative." A principal may in fact mention examples of teachers good and bad during an evaluation session. I infer by your referral of the Creamcheese posting that you believe Mr. Hutek to be acting for a motive other than a benign one. If you have evidence of that, the District will listen. Similarly, if Ms. Creamcheese wishes to describe the "subtle threatening and bullying" of which he or she writes, then that too would be looked at in the context of a complaint attributed to a real person. In answer to Ms. Creamcheese's question as to whether the Board and/or an individual teacher may be held liable for a failure to supervise students during change of class times, the answer is yes, if the failure to supervise results in harm to a student. With respect to your stated intention to "slap [Mr. Hutek] silly" if you encounter him, please see Florida Statute Section 784.081, which provides for enhanced criminal penalties for batteries of school board employees.
Thomas M. Gonzalez
Thompson, Sizemore & Gonzalez, P.A.
One Tampa City Center
201 North Franklin Street, Suite 1600
Tampa, FL 33602
Tel: (813) 273-0050
Fax: (813) 273-0072
tgonzalez@tsg-law.com
Mr. Gonzalez:
I have received your mocking of teachers’ mistreatment using signature linguistic double standard that made Shakespeare advise killing all lawyers.
You have sly sport in twitting in one breath the pseudonymous Susie Creamcheess’s complaints about Hulk Hutek’s harassing teachers and in the next breath exonerating The Hulk and any administrator of blame no matter how vile and intimidating her/his utterance or behavior to a teacher.
This legal chit will doubtless make Hulk venture further into verbal villainy that you will scamper to rescue as mere innocuous metaphor that had a teacher said would be legal fodder.
You well know from Bart Birdsall’s case how hard it is to get anyone to come foreword and complain up front in the school system. The administration abetted by the Board and, of course, backed up by you, who previously provided legal counsel for Saurnon, Gorbag, and Warmtongue, all Lord-of-the- Ring former school administrators who went on to bigger enterprise, runs a snitch system that turns in to Linda Kipley’s Abu Ghraib Cell Block any school employee that lets out a whiff of resistance to the tyranny that Elia mistakes for leadership.
This Elia-Board-backed-lawyer-abetted reign of terror has produced a fearful school populace. I wish its denizens showed more spunk, but they haven’t asked me for how they should conduct themselves to survive in the threatening environment that obtains in the school system that you are part of maintaining.
I note your instant reply to my Hutek complaint in which you exonerate Le Hutek’s bullying conduct as innocuous administrative protocol compares invidiously to your delayed promise of the booklet that lies still aborning in which you promised to outline the rights for teachers railroaded into the Professional Standards gauntlet.
I await that booklet, Mr. Gonzalez. And I will not release you of your promise to produce it.
And as for your threats of dire consequences for an aged, helpless, feeble granny of ten—that would be I—my response is, “Bring it on.” I have lived long but not yet long enough to have gone to jail in defiance of villainy. Jail time for fighting injustice would just tie the bow on my resume.
If slapping Hutek silly gets a Florida Statute citation, tell me what taking a broom to a Board attorney and beating him black and blue would merit. What about horsewhipping if a frail, helpless, aged, etc. grandmother were able to lift one of those horse whips to whip a school board attorney for being irreverent in the presence of age and wisdom?
To have the proper degree of reverence for these legal pronunciamento, one must keep in mind that the legislative solons who crafted these cunning statutes can’t make their subjects agree with their verbs.
To have the proper degree of reverence for these legal pronunciamento, one must keep in mind that the legislative solons who crafted these cunning statutes can’t make their subjects agree with their verbs.
So the citations, please: An aged, helpless, feeble, weak-hammed, etiolated, upper-body-strength-deprived granny needs a good cackle every once in a while.
You have answered my email with such alacrity that I haven’t had time to send round cc’s of my first missive to you. How was I to know that you would emerge from dormancy to respond in a flash?
Meanwhile, I want you to confess to me whether you gave MaryEllen Elia legal advice about phrases you or she or some villain gleaned from combing through my La Gaceta columns when I wrote there that La Elia used to extort Patrick Manteiga with the threat of cutting off his ad revenue and suing La Gaceta for defamation of character of those two spotless specimens Linda Kipley and Connie Mileto. I thought that was a particularly despicable assault on press free speech by La Elia. The woman is low enough to pull such a trick. Unfortunately, I couldn’t convince Patrick to call in the ACLU. Gallantry is his weakness.
Does the Florida Bar Ethics hoohahs sanction such vile use of the legal talents of its members as you conjure for the administration and Board, by the way? Or do you sin by the book and produce formulae that Shakespeare says are “sicklied o’er with the pale cast of thought” to elide Bar punishment for vile ethics?
Let me hear of any more laws I have broken. These data enchant me. I want to parlay a whole bunch of piddling violations into the death penalty. That would be an exit with éclat for an aging, feeble, etc, etc granny.
lee drury de cesare
PS: Add on the Florida law that penalizes wielding a rolling pin against school lawyers and other villains that infest the school system. There has to be a rolling-pin entry in there somewhere. That’s just the kind of statute the Panhandle pygmies would build a career on.
3 comments:
I saw over on The Wall your request for Jennifer Faliero’s comments from the May 8 board meeting. May I offer you her full litany free of charge? You will find her biased cacophony of rhetoric at eskay espresso. I have taken the liberty of linking the post for you here in a commentary titled “Can I Quote You?” I transcribed it myself and though I am not a professional, it is verbatim to the best of my ability. You will also find the words of a young student cadet who spoke in support of teachers that evening.
Lee, you're just amazing.
Imagine that "school" board attorneys have nothing better to do than fire off amusing emails about your status of legality .... when they'd better be busy battening down their hatches. The ride is almost over.
This is just too funny. Love your rejoinder.
This exhange between me and Gonzalez made an entire column in La Gaceta's Andrea Brunais "Storyteller."
I bet Gonzalez is the object of pokes in the ribs on the elevator at the court house. ldd
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