Mayor Threatens Veto
Add Whistleblower Help for Teachers

By MEREDITH KOLODNER

The City Council defied Mayor Bloomberg last week and passed a bill that would amend the city's "whistleblower" law to protect public employees who report behavior that could harm the safety or "educational welfare" of a child.

MAYOR BLOOMBERG: Questions need for bill.

The measure, backed by the United Federation of Teachers, was passed 43 to 1 over the opposition of the Mayor, who is planning to veto it. Backers say it is needed to protect city workers and officials who speak up against practices such as lying about test scores, while Mr. Bloomberg says the current law is sufficient.

'Protects Educators'

"We are gratified that the City Council recognized the importance of passing this bill," said UFT President Randi Weingarten in a statement, "to protect educators from being harassed, punished or fired for having the courage to speak up when they see conduct that hurts children."

The Mayor said additional legislation was unnecessary.

"I think everybody has to be able to be sure to come forward and say what's on their mind," he said at an April 11 press conference. "There also should be some responsibility; you can't just go and stand up and accuse somebody without any merit of doing something just to be nasty or mean or to hurt them." He added that the current law strikes the right "balance."

PETER F. VALLONE JR.: Lone Council dissenter.

Ms. Weingarten countered that there is presently no protection for public employees when they speak out against a supervisor's action with an educational concern. "This is an essential check-and-balance against instances when Teachers are threatened by their superiors simply for blowing the whistle on cheating or the failure to provide mandated services for special-needs kids," she said.

A UFT 'End-Run'

But the Mayor accused the union of trying to circumvent the collective-bargaining process. "Keep in mind, part of this is something that the UFT tried to negotiate in their negotiations for the current contract," he said. "That was not one of the things that they won and so they're trying to do an end-run around that, but I think it's not something that we need or is appropriate."

Union officials said the whistle-blower protection was not part of the UFT's demands in the last round of bargaining.

Current law prohibits retaliation against a city employee or official for reporting conduct involving corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority by another city official or employee. The bill would expand the protection to include instances in which a public employee reports information or conduct he or she believes presents a "substantial and specific risk of harm to the health, safety or educational welfare of a child."

The Council currently has more than enough votes to override the veto. Queens Councilman Peter F. Vallone Jr. was the only Member who voted no.