THE CHIEF-LEADER
Claimed Illegal Retaliation

Judge Dismisses Rival’s Suit Against COBA Head

Updated: 4:01 pm, Mon Jul 13, 2015.
By MARK TOOR

A State Supreme Court Justice has dismissed a lawsuit filed against Correction Officers’ Benevolent Association President Norman Seabrook and the union by a dissident board member.

“At this point, the actions and inactions complained of in the petition amount to the internal workings of a union,” State Supreme Court Justice Carol E. Huff said in a three-page decision issued July 1.

‘A Rancorous Dispute’

COBA Corresponding Secretary William Valentin claimed in the Article 78 petition that Mr. Seabrook had unlawfully deprived him of his elected position and that the union had failed to consider countercharges he made against the union head. “Both Valentin and Seabrook made numerous accusations against each other in what is clearly a rancorous internal dispute,” Justice Huff wrote.

She agreed with COBA’s attorneys that Mr. Valentin’s suit should be dismissed because he had not exhausted his administrative remedies within COBA before bringing the Article 78 petition. Mr. Valentin’s lawyers had argued that “exhaustion of remedies is not required because it would be futile for him to attempt them,” the decision said.

But Justice Huff ruled that “Valentin has not established that following COBA procedure would be futile, or even that he has been deprived of his office, as opposed to being deprived of certain optional benefits. He has also failed to prove that his charges against Seabrook are not being pursued in accordance with COBA rules.”

Bharara on the Case

Both Mr. Valentin and Mr. Seabrook said that U.S. Attorney Preet Bharara had opened an investigation of COBA based on allegations by Mr. Valentin that the union president had invested $10 million without the executive board’s approval. Mr. Seabrook argued that he did not need such approval.

He said in a statement about Mr. Valentin’s suit, “Bringing these meritless claims was a waste of time and money, not just for our hard-working members, but also for the taxpayers of this city and state. We’re glad the judge agreed that they are without merit. Hopefully, our victory today will put this issue behind us and send a message to the person behind these frivolous claims that the matter is closed.”

Mr. Valentin said in an interview that he did not consider the dispute concluded. He presented a May 18 letter from the head of the union hearing committee on his case, Valerie Flake, in which she said, “After a full investigation, reviewing the charges and supporting documents, the by-law provisions allegedly violated, and having had interviews with relevant witnesses, the committee finds that there is not sufficient evidence on any of these charges to hold a hearing.”

In a second letter dated July 9, she said, “The hearing committee has no further role to play in this matter.”

Reloading for New Round

So, he said, “COBA did rule on the issue,” and he did indeed exhaust his union remedies. He said he would re-file the Article 78 petition. “I’m still in the fight,” he said. “This is still going to continue.”

Mr. Valentin filed his Article 78 petition in April. He said in February that Mr. Seabrook fired him from the executive board last winter when he tried to obtain a copy of the union’s membership list, which he said he was responsible for updating.

The COBA president said at the time that Mr. Valentin had sought not only the membership list but also confidential information about Correction Officers, including their Social Security numbers. Mr. Seabrook said that when he did not comply with the request for the list, Mr. Valentin asked a union employee to give him a copy and “don’t tell Norman.”

At that point, Mr. Seabrook said, he determined Mr. Valentin was no longer trustworthy and revoked his release time, sending him back to duty in the jails. Mr. Valentin remains an officer of the union, Mr. Seabrook said.

Valentin’s Rebuttal

In his lawsuit, Mr. Valentin denied seeking confidential information. He said in his internal complaint to the union that Mr. Seabrook revoked or took back his union credit card, E-Z Pass, mobile phone, computer account and office computer. He said he was no longer notified of executive-board meetings.

He then filed charges with the union and the Article 78 petition on which Justice Huff ruled.

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Former Rikers Island correction officer fighting to get job back after allegedly being shot in face by jail boss husband, then fired
BY CHELSIA ROSE MARCIUS , RICH SCHAPIRO
NEW YORK DAILY NEWS

Friday, April 24, 2015, 2:30 PM

SUSAN WATTS/NEW YORK DAILY NEWS
Janine Howard, here with Correction Officers’ Benevolent Association head Norman Seabrook, is suing the Correction Department to get her job back.

First she was shot in the face — allegedly by her jail boss husband. Then she was fired from her job as a Rikers Island correction officer.
Now Janine Howard, 40, is fighting to get back on the Correction Department payroll.
“I feel victimized,” the Long Island mother said Friday in her first interview. “I feel my safety, security can just be taken from me at any time.”
Howard’s nightmarish ordeal began on Dec. 2013 when she was shot by Rikers Island Capt. Brian Martin, 37, during an argument inside their Roosevelt home, prosecutors say.
Martin has pleaded not guilty to attempted murder charges.
The shooting left Howard with shattered bones in her face and a bullet fragment in her neck.

SUSAN WATTS/NEW YORK DAILY NEWS
Howard was shot in the face by husband and jail boss Brian Martin, and then just a year later was fired with no reason being given.

But what came afterward was almost as painful, Howard says.
A Rikers Island supervisor showed up at her house without warning on Dec. 23, 2014 — and told her she was being fired. No reason was given, Howard said.
At the time, Howard was out sick and on restrictive hours.
“I had a small child,” added Howard who has a five-year-old daughter from a prior relationship. “I thought it was a good career. The job is difficult but I thought I could do it.”
Howard is suing the Correction Department to get her job back — an action that was initiated by Correction Officers’ Benevolent Association head Norman Seabrook.

SUSAN WATTS/NEW YORK DAILY NEWS
Howard, 40, said that she “felt victimized” by the Correction Department, as they let her go without ever giving her a reason.

“I feel my safety, security can just be taken from me at any time.”

“Miss Howard is a victim of a horrendous crime,” said her lawyer Mercedes Maldonado.
“Norman Seabrook and the Correction Officers Benevolent Association executive board instructed me to bring this litigation, get her job back, and that’s what we intend to do.”
Seabrook said Howard has been victimized twice.
“For this man to think that he can abuse her, attempt to murder her … is unacceptable,” Seabrook added.
“For the Department of Correction to turn around and terminate her services the day after she was supposed to be off probation sends a very clear message that they don’t seem to have feelings of caring about their employees.”
The Correction Department did not immediately return a request for comment.

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The team of lawyers from the law office of Isaacs, Devasia, Castro & Wien LLP joined coordinators at Mantena Global Care and participants during the lecture on insurance, in Newark (NJ). The office of Isaacs, Devasia, Castro & Wien LLP has served the Portuguese-speaking community for more than 20 years

On Saturday afternoon of April 11th, attorney Barry Washor, who is Of Counsel at Koehler & Isaacs LLP, with a branch office located at 26 Ferry Street in the Ironbound neighborhood of Newark, held a free legal seminar on the importance of acquiring an insurance policy, particularly for automobile drivers in New Jersey. The free public event took place at Mantena Global Care’s headquarters, located at 294 Ferry Street. Barry, accompanied by lawyer Cynthia Devasia, who is also the Practice Manager in Newark, addressed the issue of under insurance and answered many questions posed by participants at the seminar.

The lawyers at Isaacs, Devasia, Castro & Wien LLP have been serving the Portuguese-speaking community in metropolitan New York and New Jersey for more than 20 years.

Barry Washor, an expert in personal injury, medical malpractice, and professional negligence work discussed the following topic: “When an uninsured motorist is involved in an accident, the lack of coverage can cause hardship for the uninsured driver, and also for any other persons who suffer an injury as a result of the uninsured driver’s negligence.”

The lawyer stressed that, regardless of one’s immigration status in the US, all workers have rights because the country signed a treaty with Brazil guaranteeing certain labor protections. He usually retains cases involving industrial accidents between 2-3 years, so it is necessary that victims seek their rights with an attorney as soon as possible.

Barry also noted that all car owners in the Garden State are required to have car insurance and the minimum sum insured is $15,000, determined by state law. However, drivers can purchase “under insurance” which costs $25 every 6 months and covers up to $500,000.

The lawyer stressed that companies must, by law, offer it to customers, but many do not.

Ailton de Souza, Client Relations Manager at Isaacs, Devasia, Castro & Wien LLP, said that the office plans to hold a series of lectures, as needed for the community.

The best-known type of insurance is for automobiles which is required by law. While many people obtain car insurance only because the law demands and because they are willing to pay only the bare minimum, there are also others who want a wide range of coverage in order to protect any damages that happen to the vehicle.

Currently, you can find insurance at a lower price than those that existed years ago. With the advent of new technologies, it is very easy to purchase insurance online and obtain the required coverage with a simple click, which allows insurers to reduce costs and therefore the premiums are more affordable.

Another type of insurance that is booming is health insurance, which allows you to receive medical care at prices below those in the private health sector. One’s health is priceless and this is a type of insurance that makes a trip to the doctor, or the length of waiting for an operation, faster and less painful than the endless queues and waiting lists that exist at most hospital’s emergency rooms.

Although this insurance is considered to be very expensive by many people, the truth is that, if necessary, it can significantly help to reduce the hardships of a potentially very difficult financial situation.

For those who have small children, there is liability insurance available for very inexpensive prices. For those going on vacation or who travel frequently, travel insurance is a great safety net and a way that can cover you from lost or stolen property.

For those who want to protect their homes, home insurance helps ensure the value of the property’s assets. There are even dental plans, group life insurance and pension plans.

For more information about this event, please contact Ailton Souza, Client Relations Manager, telephone: (862) 240-1900 or visit the Isaacs, Devasia, Castro & Wien LLP website: www.seudireitousa.com.