Part of Angry Tirade
Want Teacher Fired Over Death Threat

By RICHARD STEIER

A veteran Teacher should be fired for threatening the life of the arbitrator hearing a disciplinary case against him, the school system's top investigator has recommended.

RICHARD J. CONDON: Teacher crossed the line.

Richard J. Condon, the Special Commissioner of Investigation for the New York City School District, also referred his findings concerning Teacher Theodore Smith to the Manhattan District Attorney's Office for possible criminal prosecution.

Faced Slew of Charges

Mr. Smith in December 2005 was accused of 27 specific instances of misconduct by the Department of Education, ranging from failing to conduct his physical education classes properly to excessive absences, latenesses and missed meetings at the New York City Museum School.

A year later, as the case moved toward an internal DOE trial, Mr. Smith fired the attorney assigned to him by his union, the United Federation of Teachers, and retained a private firm, which picked David Kearney to serve as his lawyer.

On Feb. 22 of this year, as the departmental trial neared conclusion, the arbitrator hearing the case, Jack Tillem, asked to speak to Mr. Smith's lawyer and the DOE attorney without the accused man being present.

Mr. Smith, standing outside the room, overheard Mr. Tillem urging that the case be settled by having him accept a 3-to-6-month suspension. He subsequently confronted his lawyer, accusing Mr. Kearney of not advocating on his behalf and violating his fiduciary duty to him.

'I'll Kill That Arbitrator'

A month later, according to Mr. Kearney, he called Mr. Smith to discuss witnesses and medical records that he planned to use in his defense at subsequent hearings. He said Mr. Smith responded with an obscene tirade and stated, "I am going to kick your f------ head in and kill that f------ arbitrator Jack Tillem, you hear me?"

When Mr. Smith's mother sought to intervene, Mr. Kearney testified, Mr. Smith berated her in profane terms as well.

In early May, Mr. Smith sent a letter to Mr. Tillem at his home accusing him of bias. A few days later, Mr. Kearney called Mr. Tillem and told him of the threat Mr. Smith had made. This prompted Mr. Tillem to recuse himself from the hearing, although he did not state the true reason for his action.

Neither Mr. Kearney nor Mr. Tillem filed a police report about the threat; each told Mr. Condon that they believed it was the other person's responsibility.

Couldn't Support Defense

During a hearing conducted by Mr. Condon's office, Mr. Smith denied making any threats and claimed that Mr. Kearney had threatened to choke him when he did not produce medical records pertaining to his absences. But after he stated that he had secretly taped phone conversations he had with Mr. Kearney, Mr. Tillem and a ranking school official, Mr. Condon asked whether any of those recordings contained evidence that school officials had trumped up the case against him. He said Mr. Smith's attorney responded by saying, "Teddy, we're leaving," and they departed without producing any tapes to support his claims.

In deciding that the Teacher should be fired, Mr. Condon wrote, "Theodore Smith threatened the life of the arbitrator presiding over a disciplinary proceeding against him. His attorney's accounts of Smith's threats are entirely credible; Smith's denials are the complete opposite ... Smith understandably caused the arbitrator to fear for his life, and nearly sabotaged the disciplinary proceeding against him. His allegations against the DOE and his supervisors are without merit, and are similarly prompted by Smith's rigid preoccupation with the motives of his accusers, and a likely desire to undermine the disciplinary proceeding against him."