From: jeffrey_malkan@msn.

com
To: lynn.vance@goer.ny.gov; liesl.zwicklbauer@suny.edu; jereed@buffalo.edu;
jljarvis@buffalo.edu
CC: cewing@buffalo.edu
Subject: Makau Mutua's perjured testimony
Date: Wed, 27 Nov 2013 15:35:14 -0500
Dear Ms. Vance,

On March 31, 2010, you presented sworn testimony from your client, Makau W. Mutua, in
which he stated, based on his personal knowledge, that I did not have a valid faculty
appointment or a valid employment contract because the law school's Promotion and Tenure
(P&T) Committee, on April 28, 2006, failed to vote on my reappointment and promotion.

He testified that the P&T Committee instead passed a resolution to recommend that I be
granted a one-year terminal administrative appointment and then dismissed, with the
consequence that then-Dean R. Nils Olsen had no legal authority to take any personnel action
on my behalf. He also testified that "no one knew what Jeff was still doing in the building" after
that terminal year elapsed in May 2007. This testimony was entirely false. He repeated exactly
the same lie on cross-examination the next day.

This was an intricate and premeditated lie about a material and potentially dispositive fact in
this proceeding and related litigation. You and Dean Mutua had four months to prepare his
direct testimony and he has since had three years to recant. I could not respond in the
courtroom at the time because, of course, I had not been present at my own P&T meeting so I
could not claim to have personal knowledge of what happened at these proceedings.

After we received the transcripts and I was able to make inquiries, I provided evidence to you
by certified mail on November 11, 2011 (see attachment) that a fraud had been perpetrated on
a state administrative tribunal by the dean of the state university law school. You decided,
however, that my allegations did not warrant a response. (See e-mail exchange below.) My
evidence at the time consisted of e-mail messages to me from former Dean R. NiIs Olsen and
Professor Markus Dubber (now Professor of Law at the University of Toronto). This was
certainly credible evidence from credible sources that would obligate any responsible attorney
to check the veracity of his or her client's testimony, and which you could very easily have done
by telephone or e-mail.

This lie, of course, calls into question Dean Mutua's credibility on every other point of his
testimony, including his defamatory attacks on my competence and character as well as his
claim that he never met with Vice-President for Human Resources Scott Nostaja to discuss the
UUP's intervention on my behalf.

I suggest that you contact David J. Sleight, Esq. at the Buffalo AG's office, if he has not already
contacted you. He has unequivocal evidence of Dean Mutua's perjury, including sworn
testimony from former Vice-Dean Susan V. Mangold (who chaired the P&T Committee meeting
and counted the votes on a tally sheet which has been marked as evidence), former Vice-Dean
Dianne Avery (who kept her own tally sheet of the vote, also marked as evidence), Professor
Robert Steinfeld (who introduced the resolution recommending my reappointment), and
Professor Rebecca French (who also voted on my reappointment).

There are many more tenured faculty members, including Professors Fred Konefsky, George
Kannar, Isabel Marcus, Errol Meidinger, Guyora Binder, James Gardner, Betty Mensch (retired),
and Shubha Ghosh (now at the University of Wisconsin) who were present on April 28, 2006
and can confirm the same incriminating fact -- that Dean Mutua attempted to justify his
retaliation and abuse of power by lying under oath about my faculty appointment.

At the very least, you need to begin by reporting this situation to Chairman Jerome Lefkowitz,
Director Monte Klein, and ALJ Kenneth S. Carlson at PERB, Chancellor Nancy Zimpher at SUNY
Central, and the Public Integrity Bureau of the Office of the Attorney General. I sincerely hope
that you will take the initiative and do the right thing, that is, whatever is necessary to correct
the injustice that resulted from your client's criminal misconduct.

Yours truly,


Jeffrey Malkan


From: Reed, Jeffrey
Sent: Wednesday, November 16, 2011 12:36 PM
To: Augustynek, Sarah
Subject: FW: UUP (Jeffrey Malkan) v. University at Buffalo Law School PERB Case U-28826

Not exactly a smoking gun!!

Jeffrey E. Reed
Director, Employee Relations
Human Resources
120 Crofts Hall
Buffalo, New York 14260-7022
Tel: (716) 645-4463
jereed@buffalo.edu

From: Zwicklbauer, Liesl [mailto:Liesl.Zwicklbauer@ suny.edu]
Sent: Tuesday, November 15, 2011 10:29 AM
To: Reed, Jeffrey
Subject: FW: UUP (Jeffrey Malkan) v. University at Buffalo Law School PERB Case U-28826


From: Lynn Vance
Sent: Monday, November 14, 2011 6:20 PM
To: Zwicklbauer, Liesl
Subject: UUP (Jeffrey Malkan) v. University at Buffalo Law School PERB Case U-28826

Liesl attached for your review is a letter I received from Jeffrey Malkan which accuses Dean
Mutua of committing perjury during his testimony in the PERB improper practice charge
concerning Mr. Malkan. I do not see that any response is necessary on my part. Please let me
know if you agree and/or give me a call to discuss further, if necessary.

Lynn Homes Vance
Assistant Counsel
Governor's Office of Employee Relations
2 Empire State Plaza - 13th Floor
Albany, New York 12223-1250
(518)473-4596