closed session notes: april 29, 2015 wccusd school board meeting

21
Anton Jungherr Notes Special Board Meeting April 29, 2015, 10:00 AM, Alvarado Adult Education Center Pu bIic Employee DisciplinelDismissallRelease/Com plain t Disclaimer: The author of this document is a member of the WCCUSD Citizens' Bond Oversight Committee (CBOC). However, the views expressed in this document are those of the author Anton Jungherr and not of the CBOC. Executive Summary At the end of a almost two (2) hour closed session (during which Harter was excluded from the closed session meeting) Todd Groves announced" the Board is committed to independent forensic examination." Before the Meeting Before the meeting started, I heard Todd Groves say there were two (2) items on the agenda, a teacher matter, and the matter in regards to Harter, and that Harter would be excused during the closed discussion on his matter. I also saw Harter give Attorney Tomas E. Gauthier (Lozano Smith Attorneys at Law, the District's regular legal counsel) a flash drive. I assume it was the documents on the CD that Dennis Clay mailed to all the Board members. People at the Meeting Present: All five (5) Board members. Harter, Debbie Haynie Attorney Present: Thomas E. Gauthier, Managing Partner, Lozano Smith Attorneys at Law Sacramento Office. Practice focus includes labor and employment, employee discipline. (See attachment A) 1 Attorney Present: Jason P. Gonzalez, Nixon Peabody, the District's bond counsel. One primary practice focus is government investigations, prosecutions, and regulatory matters. See attachment B. Public: Jungherr, Steinberg, Panas, Romero, Lozito, Snider, Scottie Smith, and Harrington (WCT arrived after the close of public comments). 1 Told Jungherr that he did not have any business cards, but had business cards for the Board members. C:\Users\Anton\Documents\OOOO CBOC 2.11.15\Clay Documents Special Board Meeting April 29,20]5 Jungherr Notes- 4.29.l5 - aj.docx Page 1 of2

Upload: ccowens

Post on 19-Dec-2015

95 views

Category:

Documents


1 download

DESCRIPTION

From Anton Jungherr

TRANSCRIPT

Page 1: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Anton Jungherr NotesSpecial Board Meeting April 29, 2015, 10:00 AM,Alvarado Adult Education CenterPu bIic Employee DisciplinelDismissallRelease/Com plain t

Disclaimer: The author of this document is a member of the WCCUSD Citizens'Bond Oversight Committee (CBOC). However, the views expressed in thisdocument are those of the author Anton Jungherr and not of the CBOC.

Executive Summary

At the end of a almost two (2) hour closed session (during which Harter wasexcluded from the closed session meeting) Todd Groves announced" the Board iscommitted to independent forensic examination."

Before the Meeting

Before the meeting started, I heard Todd Groves say there were two (2) items onthe agenda, a teacher matter, and the matter in regards to Harter, and that Harterwould be excused during the closed discussion on his matter.

I also saw Harter give Attorney Tomas E. Gauthier (Lozano Smith Attorneys atLaw, the District's regular legal counsel) a flash drive. I assume it was thedocuments on the CD that Dennis Clay mailed to all the Board members.

People at the Meeting

Present: All five (5) Board members. Harter, Debbie Haynie

Attorney Present: Thomas E. Gauthier, Managing Partner, Lozano SmithAttorneys at Law Sacramento Office. Practice focus includes labor andemployment, employee discipline. (See attachment A) 1

Attorney Present: Jason P. Gonzalez, Nixon Peabody, the District's bond counsel.One primary practice focus is government investigations, prosecutions, andregulatory matters. See attachment B.

Public: Jungherr, Steinberg, Panas, Romero, Lozito, Snider, Scottie Smith, andHarrington (WCT arrived after the close of public comments).

1 Told Jungherr that he did not have any business cards, but had business cards for the Board members.

C:\Users\Anton\Documents\OOOO CBOC 2.11.15\Clay Documents Special Board Meeting April 29,20]5 Jungherr Notes- 4.29.l5 - aj.docx

Page 1 of2

Page 2: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Anton Jungherr NotesSpecial Board Meeting April 29, 2015, 10:00 AM,Alvarado Adult Education CenterPublic Employee DisciplinelDismissallRelease/Complaint

Meeting Notes

Todd Grove called the meeting to order at 10:00 AM. See agenda at attachment C.

See Government Code Section 54957, which was the basis for the closed sessiondiscussion at attachment D.

Public comments from 10:00 AM to 10:10 AM

• Jungherr (see attachment E)• Steinberg referred to his email to the Board (see attachment F)• Panas -need for outside audit• Romero - CA protection whistleblowers (see attachment G)• Lozito - need for audit• Scottie Smith - community trust

Public comments ended at about 10:10 AM, all the public left the closed sessionroom # 1.

Debbie Haynie, Harter's Secretary also left the meeting.

Most of the public members waited around to the end of the closed session.

Harter left the closed session meeting about 10:25 AM and waited in anotherroom down the hall from the closed session meeting. He returned to themeeting at 12:18 PM for the open session report. He \Viasexcluded from theclosed session meeting for almost two (2) hours.

11:15 AM - break for bathroom

12:12 PM closed session ended, break

12:18 PM - open public session for report of closed session action

Todd Groves, "nothing to report. The Board is committed to independentforensic examination."

12:19 PM - adjournment of open session.

Harrington interviewed Todd Groves after the meeting.

Prepared by: Anton Jungherr, April 29, 2015 at 3:45 PM

C:\Users\Anton\Documents\OOOO CBOC 2. 11.15\Clay Documents Special Board Meeting April 29, 2015 Jungherr Notes- 4.29.15 - aj.docx

Page 2 of2

Page 3: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Anton Jungberr NotesSpecial Board Meeting April 29, 2015,10:00 AM,Alvarado Adult Education CenterPublic Employee Discipline/DismissallRelease/Complaint

ATTACHMENT A

Page 4: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

lozano Smith Attomey Bio Page 1 ofl

CONTACTSacramentoOne Capitol Mall, Suite 640Sacramento, CA 95814T 916.329.7433F 916.329.9050

Vcard: [email protected]

Redding2701 Old EurekaWay, Suite 2FRedding, CA 96001T 530.243.8150F 530.243.1745

PRACTICE AREASLabor & EmploymentStudentsLocal GovernmentCommunity Colleges

EDUCATIONJ.D., University of California,Davis

B.A. (cum laude), University ofCalifornia, Riverside

BAR ADMISSIONCalifornia, 1996

CLIENT NEWS BRIEFSRecent Fines for Failure toDisclose Gifts on Form 700 Serveas a Reminder to Public Officials

Election Season 2012: LegalGuidelines For Political ActivityOn Public Property

Vendors Bearing Gifts:Disclosure Requirements ForPublic Officials And Employees

Sear:')

A! 1{)P.f-I.-.Y- ::lIVE~SITY'-.':SOLRCES

THOMAS E. GAUTHIERPartner

OverviewThomas E. Gauthier is Managing Partner of Lozano Smith's Sacramento office and served as co-chair ofthe firm's Local Government Practice Group from 2007 to 2010. Mr. Gauthier counsels school districts,community college districts and private entities in the areas of labor and employment, open meetings,elections, political activity, ethics, and conflict of interest laws. He has broad experience in education andgovernment law topics such as teacher and faculty status rules, employee discipline, free speech andreligion in the public workplace, discrimination and harassment laws, and student matters. He hassuccessfully represented schools and other public agencies in administrative hearings and litigation onthese issues.

In addition, Mr. Gauthier represents public agencies in collective bargaining and labor relations matters. Hehas broad experience in labor arbitrations, Public Employment Relations Board hearings, and relatedadministrative proceedings. Mr. Gauthier also has more than 10 years of experience in drafting andnegotiation of contracts, in facilities and business matters, and in regulatory compliance issues.

Presenter ExperienceTo assist with prevention of legal disputes, Mr. Gauthier gives interactive, hands-on seminars on topicssuch as open government laws, personnel management, employment law, political activity in theworkplace, ethics, and elections rules. He is a frequent presenter at educational conferences on thesetopics. Mr. Gauthier recently presented a webinar in collaboration with CASBO on the topic of Elections101 - Rules of the Road for Political Campaigns.

EducationMr. Gauthier received his J.D. from the University of California at Davis School of Law in 1996. He receivedhis SA from the University of California at Riverside in Political Science and Administrative Studies, cumlaude.

Professional AffiliationsMember, California Council of School Attorneys

http://www.lozanosrnith.com/attorneys_bio.php?id=8 April 29, 2015

Page 5: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Anton Jungberr NotesSpecial Board Meeting April 29, 2015, 10:00 AM,Alvarado Adult Education CenterPublic Employee DisciplinelDismissallRelease/Complaint

ATTACHMENT B

Page 6: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Jason P. Gonzalez

~\II/!-- NIXON- -~", \,-. PEABODYI

CONTACT

Jason P. GonzalezPartnerPractice Group Leader, Privacy & Data Protection

Los AngelesPhone: 213-629-6019

San FranciscoPhone: 415-984-8279

Fax: [email protected]

SERVICES

Government Investigations &White Collar DefenseTrade SecretsComplex Commercial LitigationBig DataArbitrationPrivacy Litigation & Enforcement ActionsForeign Corrupt Practices Act (FCPA)Electronic Discovery & Digital EvidencePrivacy & Data ProtectionIntellectual PropertyTitle IX: Safety and Security on College andUniversity Campuses

EDUCATION

Stanford University, J.D.University of Michigan, B.A.,with high honors

ADMISSIONS

CaliforniaU.S. District Court, Central District of CaliforniaU.S. District Court, Northern District of California

http://www.nixonpeabody.com/jason_p_gonzalez

Page 1 of t

JASON P. GONZALEZ

Jason Gonzalez represents entities and individuals in all types of governmentinvestigations, prosecutions and regulatory proceedings. He also represents a diverseclient base in federal and state commercial litigation and counsels clients regarding datasecurity and privacy. Jason is a Certified Information Privacy Professional/UnitedStates (CIPP IUS), the preeminent credential in the field of privacy.

What Do You Focus On?

I focus my practice on three primary areas.

Government Investigations, Prosecutions and Regulatory MattersI leverage my nearly twelve years of experience as a federal prosecutor and deputy cityattorney to represent entities and individuals under investigation by federal, state andlocal agencies. I've helped clients in matters brought by the criminal divisions of theNorthern, Central, and Southern District of California U.S. Attorney's offices, as well asfrom the Department of Justice's Antitrust Division, the San Francisco DistrictAttorney's Office's Economic Crimes Unit, the District of Alaska U.S. Attorney's Office,the California Department of Justice, the California Department of Health Care Servicesand the Tax Division of the Central District U.S. Attorney's Office. I've also servedclients facing matters brought by federal agencies including the SEC, FBI, FAA,Customs, DHS, HHS, TSA, the Federal Maritime Commission and the IRS. In addition,I assist clients through internal investigations and compliance with the requirementsattached to conducting business on a global scale, including the Foreign CorruptPractices Act.

Commercial LitigationI've personally handled over 25 jury trials and dozens of arbitrations and othercontested court proceedings. I leverage this experience to help clients involved incommercial litigation regarding breach of contract, alleged violations of the Californiawiretapping statute, commercial fraud claims and alleged violations of the ComputerFraud and Abuse Act.

Data Security and PrivacyI use my training and experience as a former federal prosecutor and as a managingdirector of a digital risk management and computer forensics firm to help clients assess

April 29, 2015

Page 7: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Anton Jungberr NotesSpecial Board Meeting April 29, 2015,10:00 AM,Alvarado Adult Education CenterPublic Employee DisciplinelDismissallRelease/Complaint

ATTACHMENT C

Page 8: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

WEST CONTRA COSTA UNIFIED SCHOOL DISTRICTBOARD OF EDUCATION

SPECIAL MEETING AGENDACLOSED SESSION

WEDNESDAY, APRIL 29, 201510:00AM

BOARD AGENDA PACKETS AND INFORMATION:

Complete Board meeting packets are available for review at the Administration Building, the District's six highschools, and at public libraries throughout West County.

Complete Board agendas and packets are available online at: www.wccusd.net.

Any writings or documents that are public records and are provided to a majority of the governing boardregarding an open session item on this agenda will be made available for public inspection in the District officelocated at 1108 Bissell Avenue, Richmond, CA 94801 during normal business hours. In addition, suchwritings and documents may be posted on the District's website as noted above.

ATTENDING BOARD MEETINGS:

Location: ALVARADO ADULT EDUCATION CAMPUSROOMl5625 SUTTER AVENUERICHMOND, CA 948054

The Board will convene at 10:00 AM in Room One to receive comments from anyone wishing toaddress the Board regarding closed session items (Exhibit A). The Board will then adjourn toclosed session.

A. OPENING PROCEDURES

A.l WELCOME ANDMEETING PROCEDURES

A.2 ROLL CALL

B. CONVENE TO CLOSED SESSION I

The public may address the Board regarding Closed Session items prior to the Board adjourning to ClosedSession by first providing a Request to Address the Board speaker sheet.

CLOSED SESSION

B.l CALL TO ORDER

B.2 DISCLOSURE OF ITEMS TO BE DISCUSSED IN CLOSED SESSION(Government Code 54957.7)

Page 9: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

WCCUSD Board of EducationSpecial Meeting Agenda - April 29, 2015

2

See Exhibit A(Government Code Section 54954.5)

EXHffiITA(Government Code Section 54954.5)

CLOSED SESSION AGENDA

April 29, 2015

1. PUBLIC EMPLOYEE DISCIPLINEIDISMISSALIRELEASE/COMPLAINT(Government Code Section 54957)

C. RECONVENE TO PUBLIC SESSION - REPORT OF CLOSED SESSION ACTIONS

C.1 REPORTIRA TIFICATION OF CLOSED SESSION

D. ADJOURNMENT

E. THE NEXT SCHEDULED BOARD OF EDUCATION MEETINGLovonya DeJean Middle School - May 6, 2015

Page 10: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Anton Jungberr NotesSpecial Board Meeting April 29, 2015,10:00 AM,Alvarado Adult Education CenterPublic Employee DisciplinelDismissallRelease/Complaint

ATTACHMENT D

Page 11: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Law sectFoh Page 1 of 1

cd~~'7 LEGISLATIVE INFORIvIATION

Code: GOV Search <D.• Section: 54957.

~ « Previous Next » cross-reference chaotered bills Add To My Fayorites

Highlight

GOVERNMENTCODE-GOVTITLE 5. LOCAL AGENCIES [50001 - 57550] (Title 5 added by Stats. 1949, Ch. 81. )

DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] (Division 2 added by Stats. 1949, Ch. 81. )PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] (

Part 1 added by Stats. 1949, Ch. 81.)

CHAPTER 9. Meetings [54950 - 54963] (Chapter 9 added by Stats. 1953, Ch. 1588. )

54957. (a) This chapter shall not be construed to prevent the legislative body of a local agency from holdingclosed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police,or their respective deputies, or a security consultant or a security operations manager, on matters posing a threatto the security of public buildings, a threat to the security of essential public services, including water, drinkingwater, wastewater treatment, natural gas service, and electric service, or a threat to the public's right of accessto public services or public facilities.

(b) (1) Subject to paragraph (2), this chapter shall not be construed to prevent the legislative body of a localagency from holding closed sessions during a regular or special meeting to consider the appointment,employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints orcharges brought against the employee by another person or employee unless the employee requests a publicsession.

(2) As a condition to holding a closed session on specific complaints or charges brought against an employee byanother person or employee, the employee shall be given written notice of his or her right to have the complaintsor charges heard in an open session rather than a closed session, which notice shall be delivered to the employeepersonally or by mail at least 24 hours before the time for holding the session. If notice is not given, anydisciplinary or other action taken by the legislative body against the employee based on the specific complaints orcharges in the closed session shall be null and void.

(3) The legislative body also may exclude from the public or closed meeting, during the examination of a witness,any or all other witnesses in the matter being investigated by the legislative body.

(4) For the purposes of this subdivision, the term "employee" shall include an officer or an independent contractorwho functions as an officer or an employee but shall not include any elected official, member of a legislative bodyor other independent contractors. This subdivision shall not limit local officials' ability to hold closed sessionmeetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not include discussion oraction on proposed compensation except for a reduction of compensation that results from the imposition ofdiscipline.

(Amended by Stats. 2013, Ch. 11, See. 1. Effective January 1,2014.)

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=54957. April 28, 2015

Page 12: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Anton Jungberr NotesSpecial Board Meeting April 29, 2015,10:00 AM,Alvarado Adult Education CenterPublic Employee DisciplinelDismissallRelease/Complaint

ATTACHMENT E

Page 13: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Anton Jungberr RemarksSpecial Board Meeting April 29, 2015, 10:00 AM,Alvarado Adult Education CenterPublic Employee DisciplinelDismissal/Release/Complaint

Disclaimer: The author of this document is a member of the WCCUSD Citizens'Bond Oversight Committee (CBOC). However, the views expressed in thisdocument are those of the author Anton Jungherr and not of the CBOC.

I AM SPEAKING TO YOU THIS MORNINGBECAUSE OF MY CONCERN THAT YOU AREGOING TO DISMISS DENNIS CLAY FOR SENDINGTO YOU ON APRIL 22, 2015 VIA EMAILALLEGATIONS OF ILLEGEL CONDUCT,NEGLIGENCE AND CRIMINAL CONDUCT INREGARDS TO THE BOND PROGRAM.

IS THIS THE PURPOSE OF TODAY'S CLOSEDSESSION?

PAUSE

IN THE INTEREST OF PUBLIC ACCOUNTABILITYAND TRANSPARANCY, I REQUEST THAT THEBOARD:

C:\Users\Anton\Documents\OOOO CBOC 2.1 1.15\Clay Documents Special BoardMeeting April 29, 2015 Jungherr Remarks - 4.28.15 - aj.docx Page 1of3

Page 14: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Anton Jungberr RemarksSpecial Board Meeting April 29, 2015, 10:00 AM,Alvarado Adult Education CenterPublic Employee DisciplinelDismissallRelease/Complaint

1. HIRE BY, MAY 15,2015, OUTSIDE LEGALCOUNSEL TO WORK DIRECTLY FOR THEBOARD TO REVIEW MR. CLAY'SALLEGATIONS AND PREPARE A WRITTENREPORT TO THE BOARD.

2. REQUEST THE CBOC AUDIT SUBCOMMITTEETO ASSIST THE BOARD IN SELECTINGOUTSIDE LEGAL COUNSEL FOR THE CLAYREVIEW.

3. REQUEST THE OUTSIDE LEGAL COUNSELTO WORK WITH THE CBOC AUDITSUBCOMMITTEE IN THE CONDUCT OF THECLAY REVIEW.

4. RELEASE TODAY ALL OF THE DOCUMENTSON THE CD THAT MR. CLAY PROVIDED TOTHE BOARD ON APRIL 22, 2015.

I PLAN TO WAIT FOR THE REPORT OF CLOSEDSESSION ACTIONS.

WILL THAT REPORT BE MADE IN THIS ROOM?

C:\Users\Anton\Documents\OOOO CBOC 2.11.15\Clay Documents Special BoardMeeting April29, 2015 Jungherr Remarks - 4.28.15 - aj.docx Page 2 of3

Page 15: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Anton Jungberr RemarksSpecial Board Meeting April 29, 2015, 10:00 AM,Alvarado Adult Education CenterPublic Employee DisciplinefDismissal/Release/Complaint

PAUSE

I WOULD LIKE TO CLOSE WITH THIS THORGHT:

"(QUOTE) FACTS DO NOT CEASE TO EXISTBECAUSE THEY ARE IGNORED (CLOSE QUOTE)"

REPEAT

C:\Users\Anton\Documents\OOOO CBOC 2.11.15\Clay Documents Special BoardMeeting April 29, 2015 Jungherr Remarks - 4.28.15 - aj.docx Page 3 of3

Page 16: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Anton Jungberr NotesSpecial Board Meeting April 29, 2015, 10:00 AM,Alvarado Adult Education CenterPublic Employee DisciplinelDismissal/Release/Complaint

ATTACHMENT F

Page 17: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

April 28, 2015

President Todd GrovesSecretary Randy EnosTrustee Madeline KronenbergTrustee Valerie CuevasTrustee Liz BlockSent by Email to WCCUSD Addresses

Dear Board of Education trustees:

In his April 22, 2015 letter, WCCUSD financial analyst Dennis Clay lays out a series ofspecific allegations describing financial irregularities and potential financial malfeasancethat involve millions of dollars from the $1.6 billion school construction program fundedby district residents. The financial mismanagement claims are backed up withsubstantial documentation and detailed attachments. We, the undersigned, urge thatthe trustees of the WCCUSD Board of Education initiate immediately an independent,third-party forensic audit by a well-regarded firm whose auditors are Certified FraudExaminers and familiar with the construction industry.

Due to past concerns about the proper management of the finances for the WCCUSDschool construction program, the ongoing federal investigations by the Securities andExchange Commission (SEC) and the FBI, and now specific allegations from awhistleblower, the Board of Education must act quickly to restore the public's trust in theWCCUSD. For the community to accept the findings from the audit, the auditorsdescribed above must have complete discretion on how the forensic audit shall behandled, the scope, the selection of the auditors and the findings. The audit shall befree of any undue influence, particularly from those individuals named in the DennisClay letter. The forensic audit must report directly to the trustees of the WCCUSDBoard of Education.

If the Board of Education does not approve for any reason an independent auditor asdescribed in this letter, many in the community will have no confidence in the integrity ofthe financial management of the school construction program. As a result, communityleaders will call for even greater attention to WCCUSD finances to the wider public andthe authorities. From California Code Section 54594.5, our understanding is that onlysome specific portions of Dennis Clay's letter pertaining to the 2014 Performance Auditmay be reviewed in closed session. All other issues raised by Mr. Clay must bediscussed in open session by the trustees.

The WCCUSD Board of Education has a fiduciary responsibility to ensure that the bondfunds are managed properly. The public's lack of trust has been building as evidencedby the loss of Measure H. Furthermore, plea bargains in Sweetwater Unified School

Page 1 of 3

Page 18: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

District trials confirmed that SGI Construction Management has bribed public officials,further validating many concerns from the community.

We urge the trustees from the Board of Education to approve immediately anindependent forensic audit to investigate the detailed and documented claims fromDennis Clay's letter.

Sincerely,

Officer, Parents for Better EducationFormer Citizens Bond Oversight Committee (CBOC) MemberWest Contra Costa Unified School DistrictContra Costa County Resident

Valerie SniderTreasurer, Parents for Better Education, WCCUSD parentWest Contra Costa County Resident

--'----.

B. teinbergPrincipal, Parents for Better EducationWest Contra Costa Resident

Sue PriccoFormer Citizens Bond Oversight Committee (CBOC) Chair forWest Contra Costa Unified School District

Page 2 of 3

Page 19: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Charles CowensFormer Citizens' Bond Oversight Committee and Community Budget AdvisoryCommittee Member

West Contra Costa Resident

Paul FreeseFormer Chairman, Hercules Education CommissionWest Contra Costa Resident

Lori ChinnRetired Public Education AdministratorWest Contra Costa Resident

Page 3 of 3

Page 20: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Anton Jungberr NotesSpecial Board Meeting April 29, 2015,10:00 AM,Alvarado Adult Education CenterPu blic Employee DisciplinelDismissallRelease/Com plaint

ATTACHMENT G

Page 21: Closed Session Notes: April 29, 2015 WCCUSD School Board Meeting

Law sectiOn ~fiic/! *(Aui/~~. LEGISLATIVE INFORMATION

Code: LAB Search <D.• Section: 1102.5.

~ « Previous Next » cross-reference chaotered bills Add To My favorites

Highlight

LABOR CODE - LABDIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] (Division 2 enacted by Stats. 1937, Ch. 90.

PART 3. PRIVILEGES AND IMMUNITIES [920 -1138.5] (Part 3 enacted by Stats. 1937, Ch. 90.)

CHAPTER 5. Political Affiliations [1101 - 1106] (Chapter 5 enacted by Stats. 1937, Ch. 90. )

I

I

II

III

I(g) This section does not apply to rules, regulations, or policies that implement, or to actions by employers Iagainst employees who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with "

Section 950) of, or the physiCian-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 Of ~11Division 8 of the Evidence Code, or trade secret information.

(Amended by Stats. 2013, Ch. 781, See. 4.1. Effective January 1,2014.)

1102.5. (a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce anyrule, regulation, or policy preventing an employee from disclosing information to a government or lawenforcement agency, to a person with authority over the employee, or to another employee who has authority toinvestigate, discover, or correct the violation or noncompliance, or from providing information to, or testifyingbefore, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause tobelieve that the information discloses a violation of state or federal statute, or a violation of or noncompliancewith a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of theemployee's job duties.

(b) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee fordisclosing information, or because the employer believes that the employee disclosed or may discloseinformation, to a government or law enforcement agency, to a person with authority over the employee oranother employee who has the authority to investigate, discover, or correct the violation or noncompliance, or forproviding information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, ifthe employee has reasonable cause to believe that the information discloses a violation of state or federal statute,or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whetherdisclosing the information is part of the employee's job duties.

(c) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee forrefusing to participate in an activity that would result in a violation of state or federal statute, or a violation of ornoncompliance with a local, state, or federal rule or regulation.

(d) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee forhaving exercised his or her rights under subdivision (a), (b), or (c) in any former employment.

(e) A report made by an employee of a government agency to his or her employer is a disclosure of informationto a government or law enforcement agency pursuant to subdivisions (a) and (b).

(f) In addition to other penalties, an employer that is a corporation or limited liability company is liable for a civilpenalty not exceeding ten thousand dollars ($10,000) for each violation of this section.

htlp:IJleginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1102.5.

Page 1 of 1

April 29, 2015