1966/1967 School Year -- Rated satisfactory at the end of the school year.
September 1, 1966 to September 1, 1969 -- This was his three year probationary period.
September 1967 - June 1968 -- In P.S. 151Q he received a satisfactory rating.
September 1968 - June 1969 -- In the third year of his probationary period he received an unsatisfactory rating from the same principal.
March 27, 1969 -- Lombard received a letter from the principal with a statement of charges.
June 1969 -- Lombard received a notice from Dr. Sidney Liebowitz that he was on forced leave of absence by reason of a mental illness. He was sent to Dr. Morris Eisenberg, a panel psychiatrist, who presented him with a written statement of charges, which he denied.
September 1969 -- He was permitted to "sit" in school for ten days, with no notification as to his status.
September 20, 1969 -- Lombard received a letter from District Superintendent Mary Halloran stating that his continued presence in the school would not be tolerated. According to Lombard, the school authorities threatened to use police force to put him out if he resisted.
Subsequent to September 20, 1969 -- Lombard was found to be mentally unfit to teach in the schools after a panel of doctors examined him. He contends that he was never advised of this determination. In a letter from chancellor Donovan, Lombard was advised that he could not work in any city school and he was placed on a leave of absence.
1970 -- Lombard was called to the Board and was interviewed for five minutes by Dr. Barbara Wright, a general practitioner. He was also referred to Dr. William Hezlich who did a cursory fifteen minute examination. He was notified that his medical leave was extended to the end of the school year in June 1970.
September 1970 -- Norman Cagen, a Morris High School department head called Lombard in for an interview, told him he was highly recommended by the Board and wanted him to replace a sick teacher. Lombard worked at the high school until February 1971 and received a satisfactory rating. Lombard also received a call from Abraham Gordon of Taft High School who told him that he received high recommendations from the Board, and gave him a teaching job in the business math class. Lombard worked at Taft High School until May 1971. Dr. Gordon "observed" him at Taft High School and praised his work in a lengthy report.
May 1971 - Lombard had to leave Taft High School because a letter was received from the Board stating that his file number or circular number indicated he could not continue to work at that school. A payroll clerk told Lombard that he was on the "Invalid List" and he could not be paid. The principal wrote him a letter in which she said she was ordered to immediately terminate his employment.
Thereafter, Lombard managed to get occasional work in Manhattan schools, but he testified he was not being paid.
March 1973 -- Lombard visited the Board to inquire as to why he was not being paid. He was told that he would be paid but he was not permitted to work in the schools.
April 1974 -- Not being able to work as a teacher, Lombard obtained a retail liquor license. From April 1974 to July 1981, he operated a retail liquor store and also worked occasionally as a substitute teacher.
November 15, 1977 -- Lombard's Section 1983 action was dismissed by Judge Platt.
1971 to 1979 -- Lombard was told that his license was revoked and he was on the "Invalid List," and he could not teach. For example, in a letter dated May 23, 1973 from Gerald I. Brooks, Administrator, he was advised that "you hold no valid license and . . . no compensation can be given for those days you may have worked since it was illegal to do so" (Plf's Exh. 16).
January 1980 -- For the first time, according to Lombard, he was told by Judge Platt that he had a valid license.
1981 -- From this time on Lombard was permitted to work as a substitute teacher - on a limited basis. He testified that on December 24, 1987, one Stanley Sebastian, Director of the Central Registry Section, told him he was on the "Invalid List" and, in addition, made a racial slur.
1987 - 1988 -- Lombard's substitute work dwindled. He received a letter from James T. Stein, Director of the Board Office of Appeals & Reviews, dated November 18, 1988, stating that "three additional complaints have been received from building principals for unsatisfactory service." He was asked to contact the office with three satisfactory references from other schools where he worked (Dft's Exh. G). After the Stein letter, he got no assignments whatsoever, because, although he answered the letter (see Plf's Exh. 15), he apparently did not respond to the "complaints."
1990 -- After the Central Registry was dissolved, he again started doing substitute work on a limited basis.
Lombard further testi fied that when he speaks to persons at the local school districts as to regular work, "they" say he had "troubles" and he was not hired for such work.
On March 8, 1981, Debra Baines of District 25 told him "you don't have a license, it's not showing on my computer." In addition, a payroll secretary at Flushing High School told him that there was something wrong with his license and referred him to the Central Board.
Testifying on August 27, 1991, Lombard stated that the last day he subbed was on June 14, 1991.
Concluding his direct testimony, in narrative form, Lombard testified that he was being punished for being a whistle blower and he did not "have an opportunity to work from 1971 to the present time."
On cross-examination, Lombard testified he did not recall the days he acted as a substitute teacher. The plaintiff offered a "Report on Teaching Services" dated November 2, 1973 (Plf's Exh. 20), which showed that from February 1971 to May 1971, the plaintiff served as a substitute teacher for 46 days. The defendant Board introduced a compilation of the days Lombard "served as a Per Diem Substitute Teacher in the New York City School System during the period from September 1978 to June 1988" (Dft's Exh. I), as follows:
May 1979 to June 1979 6 days
Sept. 1979 to June 1980 35 days
Sept. 1980 to June 1981 75 days
Sept. 1981 to June 1982 157 days
Sept. 1982 to June 1983 49 days
Sept. 1983 to June 1984 125 days
Sept. 1984 to June 1985 134 days
Sept. 1985 to June 1986 109 days
Sept. 1986 to June 1987 119 days
Sept. 1987 to June 1988 147 days
Sept. 1988 to June 1989 27 days
Sept. 1990 to June 1991 57 days
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