From Betsy Combier

Mr. John Kielbasa, a steamfitter who worked for the NYC Department of Education for 22 years, has been demoted to sweeping floors in a warehouse because, he alleges, he blew the whistle on dangerous asbestos problems in New York City schools. Another complaint against him is that he was able to get media coverage for the demotion and attacks by the NYC BOE and therefore had to be charged with making the NYC DOE "look bad".

In other words, creating any kind of bad press for the Department of Education is, in New York City, a crime. We are seeing this tactic used by Mayor Bloomberg, Joel Klein, and Michael Cardozo throughout the city, whenever and wherever someone courageous enough to be a flamethrower speaks out against the widespread corruption and fraud of these self-made protectors of public harm. More to come.

Asbestos Whistleblower Says He Was Demoted by New York City Schools
Date Published: Tuesday, January 8th, 2008
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An asbestos whistleblower is claiming that has been demoted for speaking out about asbestos problems at New York City schools. According to a press release from his lawyer, John Kielbasa, a 22-year veteran steamfitter for the New York City Department of Education (DOE) has been reassigned to sweeping warehouse floors. Nicknamed the “Serpico of the Schools” by co-workers, Kielbasa has been vigilant about reporting loose friable asbestos in a variety of New York City Schools over the last 15 years. Kielbasa was recently informed by a New York City Law Department employee that the city recovered and continues to pursue claims against asbestos manufacturers; however, recovered monies are earmarked for the general fund and not asbestos abatement. Breathing high levels of asbestos fibers is linked to increased risks of lung cancer, mesothelioma—a cancer of the lining of the chest and abdominal cavity—and asbestosis—in which lungs become scarred with fibrous tissue.

Until 2003, the notification method for loose friable asbestos in schools was to simply contact a supervisor by telephone. This outdated system did not mandate documentation so there is no known proof of asbestos notifications prior to 2003.† Kielbasa’s attorney, Pete Gleason, believes the system was more malevolent than incompetent, guaranteeing no legitimate record would ever be maintained, much less created. Public records confirm some city Schools were closed in the early 1990s for asbestos contamination. In 2003, the DOE set up a fax notification system for asbestos in the schools; however, this system has not resulted in increased asbestos in schools.

Kielbasa and his lawyer believe he is being punished for speaking up, “How can they label me a troublemaker if I’m bringing something important to people’s awareness?” he asked. Gleeson contends Mr. Eric Wienbaum, who was recently and quietly transferred for undisclosed reasons, instigated the harassment Kielbasa has suffered over the past six years. When his notifications went unanswered, Kielbasa collected loose friable asbestos from the city schools to which he was assigned and sent them to the EMSL lab—a known leader in asbestos testing; all samples were confirmed positive for loose friable asbestos.† Rather than address the problem, the DOE chose to discipline Kielbasa.

Gleason sent a complete synopsis of the long-ignored asbestos condition in NY City Schools to New York City Comptroller, William Thompson; New York City Public Advocate, Betsy Gotbaum; New York City Council Speaker, Christine Quinn; Manhattan Borough President, Scott Stringer; and New York State Senator, Martin Connor. Apparently, only The Comptroller, William Thompson, seemed interested enough to address the situation and notified former NYC Police Commissioner, now Special Commissioner of Investigation for the New York City School District, Richard J. Condon. Kielbasa has offered—at his own expense—to conduct his own investigation if allowed to dispatch a private, qualified asbestos investigatory team, under Condon’s purview, into the affected schools. As far as the elected officials who ignored the prima facie evidence sent to their office, Gleason said, “If Gotbaum, Quinn, Stringer, and Connor are not part of the solution then they are part of the problem and perhaps should find a different line of work.”

This matter is now the subject of a US Department of Labor complaint.

Claims Retaliation|30-Day Suspension For DOE Steamfitter
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By MEREDITH KOLODNER

A Steamfitter who repeatedly reported potentially hazardous asbestos in city schools was suspended Aug. 21 for insubordination and conduct unbecoming his profession.

The 30-day suspension without pay will keep John Kielbasa out of work until Sept. 19. He also lost his health-care benefits and had to pay $450 out-of-pocket to maintain his coverage. Mr. Kielbasa is entitled to a hearing before the Office of Administrative Trials and Hearings, and he is planning to ask the City Council to hold a hearing on the presence of asbestos in city schools.

'Trying to Fire Me'

"I think they're trying to fire me," said Mr. Kielbasa, "to serve as an example to other employees not to speak up, but the schools are loaded with asbestos."

The Steamfitter has filed dozens of reports in the past year of potentially dangerous asbestos in schools where he worked in The Bronx and Manhattan. He says that sometimes the site was cleaned up or contained, but that more often he returned to a location and found no action has been taken. Department of Education officials have denied that the sites in question pose health hazards to children and have said that they respond to actual problems as quickly as possible.

If properly contained, asbestos does not pose a health hazard. But if asbestos becomes airborne, it can cause cancers and pulmonary diseases that can be fatal. It is especially dangerous for children.

Mr. Kielbasa, who has worked in the schools for 22 years, recently joined a study at Mount Sinai Hospital that is tracking the health of custodial and school workers and symptoms related to asbestos exposure. He is showing the early signs of exposure.

'Negative Publicity'

In the disciplinary letter, he was accused of failing to follow proper procedure regarding asbestos removal and failing to notify the appropriate personnel about the hazardous conditions that he reported. Mr. Kielbasa said he several times notified other people in addition to his supervisors about the asbestos, in an effort to get action taken. He also had some of the material he found tested by an independent lab, in an effort to prove that the material was dangerous, he said.

In addition, the complaint against him stated that he caused "widespread negative publicity, ridicule and notoriety to the NYC Department of Education" when his claims were reported in the news media. He was also accused of calling his supervisor "incompetent" and posting fliers without permission. The document asserted that Mr. Kielbasa's action constituted "substantial cause for dismissal." It is signed by Theresa Europe, the Deputy Counsel to Schools Chancellor Joel Klein.

Mr. Kielbasa's attorney, Peter Gleason, believes his client has enough evidence to bring a retaliation claim against the DOE. He and Mr. Kielbasa believe he is being disciplined for speaking up about the hazardous conditions and embarrassing the department. "There's a cover-up," said Mr. Gleason. "We're going to have a major health crisis because of this in years to come."

DOE officials denied any wrongdoing. "This is a personnel matter. There has been no cover-up," said DOE spokeswoman Margie Feinberg. "We check and continue to follow up on information brought to us by our employees, and we comply with all Federal, state and city guidelines regarding asbestos removal."

Asbestos in NYC Schools
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ASSIGNED TO DESK DUTY: Steamfitter John Kielbasa, who has worked for the Department of Education for 22 years, has been removed from the schools and assigned to sweep floors in a warehouse. He believes he is being punished for reporting numerous cases of hazardous asbestos. 'How can they label me a troublemaker if I'm bringing something important to people's awareness?' he asked.

Mr. John Kielbasa, a steamfitter for the New York City Department of Education, reports asbestos within the NYC Schools. This is the Asbestos Coordinator's response when he arrives at the scene:

George Palermo

Kielbasa's, attorney, Pete Gleason, contends that Mr. Kilebasa has been reporting loose friable Asbestos in the City Schools he has been assigned to for over the past 15 years. Even though Mr. Palermo has been caught "red handed' Gleason contends that the harrasment Kielbasa has suffered over the past six years was instigated by Mr. Eric Wienbaum, who was recently quietly transferred for undisclosed reasons.