8 February 1997
Here's the latest on the complaint made against me by Joesph Scialo, received February 7, 1997:
The University of the State of New York
The State Education Department
163 West 125th Street, Room 819
New York, New York 10027
Deputy Commissioner
Office of the Professions
Office of Professional Discipline
February 3, 1997
John L. Young
251 W. 89th Street
New York, NY 10024-1755
Case Number: 9504601
Dear Sir:
The Office of Professional Discipline of the State of New York, in accordance with Article 130 of the Education Law, is mandated to investigate allegations of professional misconduct. This office attempts to perform this investigative function with all due fairness to licensee and complainant.
We have concluded an investigation into an allegation that was made against you. We did not develop evidence to support taking any disciplinary action and therefore are closing our file on this matter.
Please be assured that neither the fact that this investigation has taken place, nor its contents, are matters of public record.
Yery truly yours,
Charles J. Adams
Executive Director
By: [Signature]
Thomas Watkins
Supervisor
September 12, 1996
An "interview" today offered me a chance to answer a allegation of "misconduct"
by Joseph Scialo (see letter below).
It turns out that the allegation is based on an alleged fee dispute and does
not appear to be valid, according to the investigator after reviewing my
documentation on the project. (The Office of Professional Discipline does
not adjudicate fee disputes, so the investigator stated.)
However, the investigation will verify my information before a dismissal
of the claim, or otherwise pursue the matter.
The session provided an informative look at how such inquiries are conducted,
and why they are kept confidential until it has been judged by the authorities
that an actual violation of law has occurred. Innocent until proven guilty
-- amazing, what!
I'll report on further developments.
I've long argued that legal actions involving architects should be made public.
In that vein I offer one below about me that's just been received (my first
in 26 years).
You bet I'm red-faced, but open information on these
investigations is absolutely necessary.
It derives from a NYC project from about two years ago where I was engaged
to help clear up some ancient building code problems required for a residential
property refinance.
The client is not one of those I've ridiculed on the Net although I did scribble
a bizarre story for a lit-list about the leeches scrabbling for his estate:
WIRE,
April 1996: The Monster
The State Education Department
The University of the State of New York
Assistant Commissioner for the Professions
Office of Professional Discipline
163 West 125th Street, Room 819
New York, NY 10027
August 22, 1996
Mr. John Lee Young
251 West 89th Street
New York, NY 10024
Re: File #9504601
Dear Mr. Young:
This Office is currently conducting an investigation into allegations against
you of professional misconduct pertaining to failure to complete work for
Joseph V. Scialo.
In connection with this investigation, pursuant to the Rules of the New York
State Board of Regents, you are directed to report to our Office, located
at 163 West 125th Street, Room No. 819, New York, New York 10027, for an
interview. The interview will take place on Wednesday, September 4, 1996,
at 2:00 p.m. It is further directed that you bring with you the following:
Contract/agreement for work for Joseph V. Scialo, of 11 MacDougal Alley,
New York City.
Please be advised that any records submitted will become part of our
investigative files and will therefore remain confidential under the Provisions
of Education Law Section 6510(8).
This interview will be recorded, either mechanically or stenographically,
and at your request a copy of the recorded interview will be made available
to you at your own expense.
Failure to respond to these directions within thirty days of this letter
constitutes professional misconduct under Regents Rules 29.1(b)(13) and may
subject you to penalties for misconduct as set forth in the New York State
Education Law.
Please contact Senior Investigator William Sachs by writing to this Office
or calling 212-961-4369 to confirm this interview.
Very truly yours,
Daniel J. Kelleher
Director of Investigations
By: [Signature]
Thomas C. Watkins
Supervisor - AD
DJK:TCW:WS:ss
Certified Mail, RRR
cc: Regular Mail