Report Finds City's Top Investigator Lacks Respect for Law

DOI Commissioner is under fire for retaliating against two top officials in charge of investigating schools

A report conducted by a former prosecutor found that the city's investigation commissioner demonstrated "a marked indifference" to the law when he tried to bully two top officials into letting him take over a watchdog agency that investigates city schools.

The report also found that Commissioner Mark Peters retaliated against the officials by firing one and demoting the other. It advised that he reinstate them. Peters received the scathing report last week, but released it to the public on Wednesday. 

Peters wanted control of what's officially called The Special Commissioner of Investigation for the New York City School District. But the two top officials challenged the takeover and said it violated a mayoral executive order. One of them, Anastasia C. Coleman, filed an official whistle blower complaint with the Department of Investigation and Peters hired James McGovern to investigate.

The Times reports that McGovern was fired after he gave Peters the report and was ordered not to disclose what was in it. But Peters disputed that in a statement and said McGovern's job was completed and so he was terminated. Peters provided WNYC with the letter McGovern received (below). 

Nicole Turso, a Department of Investigation spokeswoman wrote, "As Mr. Peters’ appointment of Mr. McGovern as an Acting Deputy Commissioner included subpoena power, it was the proper and only course of action to formally end the appointment when the report was delivered. It was also necessary to articulate how the records that were generated were to be handled."

Peters said he wanted control of school investigations to improve oversight, but now recognized that the actions he took were imprudent. 

When asked whether Peters would be fired, a mayoral spokesman declined to comment. 

McGovern Report by on Scribd

10.12.2018 Letter to James McGovern_Redacted by WNYCNewsroom on Scribd