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e-mail to Lynn Vance, Esq. re Makau Mutua's perjury 11-27-2013

e-mail to Lynn Vance, Esq. re Makau Mutua's perjury 11-27-2013

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Published by Jeffrey Malkan
This is my report to the attorney for the Governor's Office of Employee Relations (GOERS) informing her that I have obtained sworn evidence and supporting contemporaneous documentation that she put on perjured testimony at the hearing of the Public Employment Relations Board (PERB) on March 31, 2010. This evidence was provided in U.S. District Court by tenured faculty members at SUNY Buffalo Law School. The copied e-mails below are evidence of her refusal, on November 14, 2010, to investigate my allegations of criminal misconduct by Dean Makau W. Mutua.
This is my report to the attorney for the Governor's Office of Employee Relations (GOERS) informing her that I have obtained sworn evidence and supporting contemporaneous documentation that she put on perjured testimony at the hearing of the Public Employment Relations Board (PERB) on March 31, 2010. This evidence was provided in U.S. District Court by tenured faculty members at SUNY Buffalo Law School. The copied e-mails below are evidence of her refusal, on November 14, 2010, to investigate my allegations of criminal misconduct by Dean Makau W. Mutua.

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Published by: Jeffrey Malkan on Nov 29, 2013
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05/16/2014

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 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
 

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