Haas v. Gateway Community Charters

[7] SUPERIOR COURT OF THE STATE OF CALIFORNIA

• MUNICIPAL COURT OF THE STATE OF CALIFORNIA

• JUSTICE COURT OF THE STATE OF CALIFORNIA

COUNTY OF Sacramento

JUDICIAL DISTRICT

Pl^NTIFF

Paul Haas DEFENDANT

Gateway Community Charters, a CA Non-Profit Public Benefit Corporation

FOR COURT USE ONLY

FILE©

Bv . 3 Biepyli}

COURT NUMBER

a . . 0 ^ a t j 3 ' NOTICE OF APPEAL

NOTICE OF APPEAL of the Order, Decision or award of the Labor Commissioner in State Case Number Q8-69786 JS

Dated October 14, 2013 and served upon the undersigned appellant, Gateway Commun i t y Charters

on October 21, 2013 ,is given and filed pursuant to Labor Code Section 98.2.

Appellant attached as Exhibit "A" a copy of the Order, Decision or Award appealed and requests that the Clerl< of the Court set the cause for hearing before the above-entitled court, where it shall be heard de novo in accordance with Labor Code Section 98.2, and that the Clerk of the Court give Notice of time, date and place of the new trial to each of the following parties and the Labor Commissioner's office at the places listed below. Appellant certifies that a copy of this Notice of Appeal has been served upon the Labor Commissioner and a copy has been mailed to the Respondent, as shown below.

APPELLANT (OR ATTORNEY) (NAME. ADDRESS, TELEPHONE NUMBER)

William J. Trinkle, Esq. Young, Minney & Corr, LLP, 701 University Avenue, Suite 150, Sacramento, CA 95825 (916) 646-1400

OFFICE OF THE LABOR COMMISSIONER (ADDRESS AND TELEPHONE NUMBER)

STATE LABOR COMMISSIONER

2031 Howe Avenue, Suite 100, Sacramento, CA 95825 (916) 263-2841

RESPONDENT (OR ATTORNEY) (NAME, ADDRESS. TELEPHONE NUMBER)

Paul Haas 206 Hill Street Grass Valley, CA 95945

Dated

^— \ Signature ot AppetlanI '

Slate of California / Department of Industrial Relations Division of Labor Standards Enforcemenl

DLSE 537 (REV. 3/83) NOTICE OF APPEAL - English

L C 98 85 35611

EXHIBIT A

LABOR COMIVIISSIONER, STATE CALIFORNIA Department of Industrial Relations Division or Labor Standards Enforcement 2031 Howe Avenue, Suite 100 Sacrarnento, CA 95825 Tel: (916) 263-2841 Fax: (916)263-2853

Plaintiff: p. ^^l ^333

Defendant: Gateway Community Charters, a California corporation

State Case Number 08 - 69786 JS NOTICE OF PAYMENT DUE

You have been served a copy ofthe Labor Commissioner's Order, Decision or Award.

I f the full amount of the sums set forth in the Order, Decision or Award is received by this office v/ithin ten (10 ) days ofthe date the Order, Decision or Award was served upon you, no judgment will be entered in this matter.

Payment must be made by certified check, cashier's check or money order (no other tender will be accepted) made payable to the Plaintiff named in tlie Order, Decision or Award, and addressed to the Office of the Labor Commissioner at the address shown above.

DATED: October 14,2013 Stephen Franck

Stephen Franck Deputy Labor Commissioner

DLSE 550 (Rev. I/II) NOTICE OF PAYiVIi:;N'r DUE L.C. 98

LAHOR COiVIiVII.SSIONER, STATE CALIFORNIA Depurtuient of Industrial Relations Division of Labor Standards Enforcement 2031 Howe Avenue. Suite 100 Sacramento, CA 95825 Tel: (916) 263-2841 Fa.\: (916) 263-2853

For COL Jsc Only:

Plaintiff: p^^,] y^^^^

For COL Jsc Only:

Plaintiff: p^^,] y^^^^

Court Number

Defendant; Gateway Community Charters, a Califomia corporation

State Cast- Number

08 - 69786 JS ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER

1. The above-entitled mailer came on for hearing before the Labor Commissioner ofthe State of California as follows:

D A T E : October 9, 2013 • C O N T I N U E D T O :

C T T Y : 2031 Howe Avenue, Suite 100, Sacramcnto, C A 95825

2. ITIS ORDERED THAT: Plaintiff recover from Defendant.

S Q-QQ for wages (with Ijivvful deductions)

S 0.00 for liquidated damages pursuant 10 Labor Code Section 1194.2

S 21 7 .2 J Reimbursable business c.\penses

S 29.75 for interest pursuant to Labor Code Section(s) 98.1(0), 1194.2 and/or 2S02(b),

S 11 759 10 fo''''dditional wages accrued pursuant to Labor Code Section 203 as a penalty '• and thai same shall noi he subject lo payroll or oilier deductions.

% Q.QQ for penalties pursuant to Labor Code Section 203. ] which shall nol be subject to payroll r>r other deductions.

$ Q.QQ other (specify):

12,006.08 TOTAL AIWIOUNT OF AWARD

3. The herein Order, Decision or Award is based upon the Findings of Fact, Legal Analysis and Conclusions atiached hereto and incorporated herein by reference. 4. The parties herein are notified and advised that this Order, Decision or Award ofthe Labor Commissioner shall become final and enforceable as a judgment in a court of law unless cither or both parties e.'icrcise their righl to appeal lo the appropriate court* within len (10) days of service of this document. Service of this document can be accomplished either by first class mail or by personal delivery and is effective upon mailing or at the time of personal delivery. If service on the parties is made by mail, the ten (10) day appeal period shall be extended by five (5) days. For parties served outside of Califor nia, the period of e.Niension is longer (See Code ofCivil Procedure Section 1013). In case of appeal, the necessary filing fee must be paid by the appellant and appellant must, immedialely upon filing an appeal with the appropriate court, serve a copy ofthe appeal request upon the Labor Commissioner. If an appeal is filed by a corporation, a non-lawyei' agent ofthe coiporation may file the Notice of Appeal with the appropriate courl, but ihe corporation must be represented in any subsequent trial by an attorney, licensed to praclice in the State of California. Labor Code Section 98.2(c) provides thai ifthe party seeking review by filing an appeal to ihc court is unsuccessful in such appeal, the court shall determine the costs and rensonablc attorney's fees incurred by the other party lo the appeal and assess such amount as a cosi upon the party filing the appeal. An employee is successful if the court iivv;irds an amount greater than zero.

PLEASE TAKE NOTICE: Labor Code Section 98.2(b) requires that as a condition lo filing an appeal of an Order, Decision or Award ofthe Labor Commissioner, the employer shall firsi posi a bond or undertaking with tlie court in the amount ofthe ODA; and the employer shall provide written notice to the other parties and the Labor Commissioner ofthe posting of the undertaking. Labor Code Section 98.2(b) also requires the undertaking contain other specific conditions for dislribution under ihe bond. While this claim is before the Labor Commissioner, you are required to notify the Labor Commissioner in wriiing of any changes in your business or personal address within 10 days after any change occurs. LABOR CO.MMISSIONER, STATE OF CALIFORNIA

" Appropriate Court: ^ , J Sacramento County Superior Court j A / , ""^^ \ 720 Ninth Street BY: <Sy<y. K

Sacramemo, CA 95814 Stephen F ranck HEARING OFFICER

D.ATED: October 14, 2013

iji.si; .\3. (Ucv. 1/12) OI?I)I;K. niictsiON OR .'\WAROOI- TIiii LAUOR C-OMMISSIOKM.-;K L.C ys

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

PAULHAAS,

BEFORE THE LABOR COMMISSIONER

OF THE STATE OF CALIFORNIA

)

Plaintiff

GATEWAY COMMUNITY CHARTERS,

a Califomia corporation,

CASE NO. 08-69786 .IS

ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER

Defendanl ) )

BACKGROUND

Plaintiff filed an initial claim with the Labor Commissioner's Office on December 2Q, 2012.

The complaint raises the following allegations:

1. Mileage reimbursement incurred April 2012 to May 31, 2012 for 721 miles at ,S0.555 per

mile equals $400.16.

2. Labor Code Section 203 penalty for 30 days at $431.55 per day equals $12,946.50.

A joint hearing was conducted in Sacramento, California, on October 9, 2013, before the

undersigned hearing officer designated by the Labor Commissioner to hear this matter and related

cases.' Plaintiff appeared and was represented by Kelly L. Borelli, attorney. Dr. Cindy Petersen,

superintendent, appeared for Defendant and Defendant Avas represented by Chastin H. Pierman,

aiiorney. .lason Sample appeared as a witness for Defendant. Due consideration having been given

to the testimony, documenlary evidence and arguments presented, the Labor Commissioner hereby

adopts the following Order, Decision or Award.

•i'lic rclaifcl ca.si:s art Suilc Case Nos.. 08-69497 .I.S. Hciili Spiuss, I'lnimin': ()S-70010 .IK. Kim ficlcls, I'lainMlT: 1)8-703 U CM. Kiicliel Dcl'er. IMainliri"; Oii-706-12 .IS. .lames Clemmer, Plaiiiiifr: niul 0S-70(vl3 .IS. Uaclicl Radekin. I'laimilT. Ilacli related ca.se names Gateway Conimiiiiiij' Charier;;, a Calirnrnia c;or|ioralinn, as Defendanl. The evidence and arHimicnis prcseiiicd b)- all parties al the joint hearing nus considered in Ihi.s Order. Decision or .-\w,-ird of die Labor Coninii.ssioner.

Page 1

Case No. 08-69786 JS

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

FINDINGS QF FACT

Defendant, a non-profit public benefit corporation, managed and operated two charter

schools, California Aerospace Academy ("CA.A") and Sacramento Academic and Vocational

Academy ("SAVA"), in Sacramento Counly, California, during the academic year of August 2011

lo .lune 2012. Defendant employed Plaintiff to perform persona! services as a Principal II at SAVA

during the period of .luiy 1, 2011 to .lune 1, 2012. Plaintiff is a teacher certified by the State of

California.

Plaintiff earned salary wages of $82,313.00 during the period of .luly 1, 2011 to June 1,

2012. The salary wages of $82,313.00 compensated Plaintiff for 199 workdaj's and 11 paid holidays

during the period of July 1, 2011 lo June 1, 2012.

Plaintiff routinely traveled in his personal vehicle between multiple SAVA sites and

Defendant's corporate office. Defendant reimbursed Plaintiff for 2,774.92 miles driven during the

9-monlh period of July 1, 2011 to March 31, 2012 for an average of 308.32 miles per month.

Dr. Petersen sent Plaintiff an email at 7:37 PM on April 17, 2012 informing him that she

was not pleased with the amouni of miles he had claimed for reimbursement during the previous

three months. Dr. Petersen informed Plaintiff that his mileage claim was "not acceptable and not

how 1 wish you to be spending valuable time and resources." Dr. Petersen furdier wrote in the April

17, 2012 email:

" I suggest lhal il would be sufficient to travel from your primary site (SAVA Sac) to the olher sites tv 'ice a week - at most. Any more tluin that will need to be justified. It is not in your schools best interest for ihis much time to be spenl traveling between sites."

Plaintiff submitted an eslimated mileage report al the hearing. Plaintiffs mileage report

shows he drove 144.20 miles over 7 days from April 9, 2012 lo April 17, 2012 and 576.80 miles

over 28 days during the 6-week period of April 23, 2012 lo May 31, 2012. Plaintiff did not drive his

persona] vehicle for work purposes during the period of April 18, 2012 lo April 22, 2012. Defendant

I'lom the payroll record and iicadeniic calendar siibniitled b_\- Dol'endanl at the liearini!.

Page 2


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

submitted a copy of its school calendar al the hearing which lists 28 workdays durhig the 6-week

period of April 23, 2012 to May 31, 2012. Defendanl argued that Plainiiffs mileage claim is

inflated as the April 17, 2012 email instructed him to reduce his travel to no more than two days per

week.

Plaintiff asked for attorney fees for 3 hours of work al $300.00 per hour in connection with

his mileage claim pursuatil lo Labor Code Seciion 2802(c). Defendant objected to an award of

attorney fees on the grounds that the issue was nol addressed in the complaint and that the Labor

Commissioner does not have authority to gram such fees in its hearing process. Plaintiff argued lhal

an award of atlorney fees is inherent in a reimbursement claim under Labor Code Section 2802.

Defendant discharged Plaintiff on June 1, 2012. Plaintiff received a final wage payment

fi-om Defendant on July 2, 2012 for wages earned during the pay period of May 1, 2012 to J une 1,

2012.

Defendant argued that as a charter school it is a quasi-municipal corporation and therefore

exempt under Labor Code Section 220(b) from Plaintiffs claim for a penalty under Labor Code

Section 203. Moreover, Defendant argued il is not liable for a penally because Educadon Code

Section 45040(c) permits charier schools to pay certificated employees such as Plaintiff within 30

days of her last day of employment. Defendanl further argued that it acted in good faith in its

paj'ment of final wages to Plaintiff because it was reasonable for Defendant, as a charter school, to

conclude it was not required to pay final wages lo Plaintiff in accordance with Labor Code Section

201. Defendant asserted that if il is determined Defendant should have paid final wages to Plaintiff

as required under Labor Code Section 201, Plaintiff failed to establish thai Defendanl willfully

failed lo pay final wages timely because il acted in good faith.

LEGAL ANALYSIS

Labor Code Section 2802 provides:

Page 3


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

(a) An employer sliall indemiiify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions ofthe employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them lo be unlawful.

(b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest al the same rale as judgments in civil actions. Interest shall accrue Irom the date on which the employee incuned the necessary expenditure or loss.

(c) For purposes of this section, the term "necessary expenditures or losses" shall include all reasonable costs, including, but not limited to, attorney's fees incurred by the employee enforcing the righls granted by this secfion.

Plaintiff has the burden lo prove, by a preponderance of the evidence, his claim for mileage

reimbursement. Plaintiff has met this burden with respect to part of his claim foi' mileage

reimbursement.

Plaintiff established that he drove his personal vehicle between multiple SAVA sites and

Defendant's corporate office during the period of April 9, 2012 and May 31, 2012. An employer

who requires an employee to furnish his/her own vehicle to be used in the course of employmenl is

obligated to reimburse the employee for the cosls necessarily incuiTed by the employee in using the

vehicle in the course of employment.

Plaintiff seeks to recover 20.60 miles per day for 35 workdays during the period of April 9,

2012 to May 31, 2012. Plaintiff drove 20.60 miles per day for 7 days from April 9, 2012 to April

17, 2012 for a total of 144.20 miles. Defendant instructed Plaintiff in die evening of April 1 7, 2012

to limit his driving between sites to two days per week moving forward. However, Plaintiff

continued to operate his personal vehicle between sites five days per week after .A.pri] 17, 2012 in

defiance of the directive he received from Dr. Petersen. Given such directive. Plaintiff is enfitled to

recover reimbursement for mileage al the rate of 2 days per week for the 6- week period from April

23, 2012 to May 31, 2012 for a total of 12 days al 20.60 miles per day equals 247.20 miles. Plaintiff

is entitled to a reimbursement for atotal of 391.40 miles (144.20 plus 247.20) during the period of

April 9, 2012 to May 31,2012.

Page 4


2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

IB

19

20

21

22

23

24

25

26

27

Plaintiff is entitled to mileage reimbursement at the accepted Internal Revenue Service

("IRS") rate. In 2012, the 1R.S rate was $0,555 per mile for business miles driven. Thus, Plaintiff is

due a reimbursement of expenses pursuant to Labor Code Section 2802(a) for 391.40 miles at

$0,555 per mile equals $217.23.

Plaintiff also seeks lo recover $900.00 in attorney fees pursuant to Labor Code Seciion

2802(c). Labor Code Seciion 2802(c) defines the term "necessary expenditures or losses"

recoverable under Secfion 2802(a) to include reasonable attorney's fees incurred bythe employee

enforcing such rights. However, Plaintiffs complaint does nol identify Labor Code Section 2802(c)

or list attorney fees as a necessary expenditure or loss that he seeks to recover in this niatter. Due

process requires Plainfiff to provide notice to Defendant ofthe items he seeks to recover. Since

Plaintiff failed to idenfify attorney fees as a necessary expenditure or loss that he seeks to recover in

his complaint, an award of attorney fees would not be appropriate in this case

Labor Code Section 220(b) provides:

Sections 200 to 211, inclusive, and Sections 215 to 219, inclusive, do not apply to the paymeni of wages of employees directly employed by any county, incorporated city, or town or olher municipal corporation. .All olher employments are subject lo these provisions.

In asserting Labor Code Seciion 220(b) as a defense to Plainfiffs claim for wages, penalties,

and other demands for coni]iensation, Defendant relies on several cases that broadened the term

"municipal corporations" to include hospital districts, public housing authorities, and water

districts.'' However, none of these cases address charter schools specifically.

'fhe California Supreme Courl specifically addressed the status of charier schools in V/elh v.

One20ne Learning Foundcilion.' The Court distinguished charter schools iTom the school districts

which grant the charters in finding that the charier schools were nol entitled to the "public entity"

immunity enjoyed by school districts under the California False Claims Act ("CFCA"). Although

•' OLSEv. El Camino Ho.spilril Ouvrit/(1970) 8 Cal.App.jd Supp. 30; Torres v. Ilon.ttns riiilhon'iy qfViilciiv County (1919) S9 Cal.App.jtl .54.1-

Johnson \: Amn Eili'son W'ciler Siomne Oi.siricl (2009) 17-1 Cal.App.')"' 729.

IIV//.V V Onc'^Onc U'orin'ng Foumhiiioii (2006) .19 Cal.-'l"' I MA.

Page 5


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

publicly-funded charter schools function as an alternative form of public schools, the Court in Wells

determined that cliarter schools operated by non-profit corporations are largely independent ofthe

management and oversight oi'the public education bureaucracy. The Court noted that "the CFCA

applies generally to nongovernmental entities that contract with state and local governments lo

provide services on their behalf . . . and the "statutory purpose is equally served" when applied to

'''independent corporations that receive public monies under the [Charter Schools Act of 1992] to

operate schools . . . on behalf of the public education system." The Court furthei- noted that

Education Code 47610 exempts charter schools and their operators "from the laws governing school

districts" excepl in limited respects.

Similar to tlie defendants in Well.s, Defendant is a non-profit corporation operating charier

schools with public funds on behalf of the public education system. The evidence at hearing is

insufficient lo establish DefeiKkmt as a quasi-municipal corporation operating as a public entity for

purposes of Labor Code Section 220(b). Therefore, Defendant is not exempt from Plaintiffs chiini

for penalties and other demands foi" compensation.

Labor Code Section 98.1 (c) states as follows:

All awards granted piu'suant to a hearing under this chapter shall accrue interest on all due and unpaid wages at the same rate as pi-escribed by subdivision (b) of Seciion 3289 ofthe Civil Code. The interest shall accrue until the wages are paid from the date that the wages were due and payable as provided in Part 1 (commencing with Secfion 200) of Division 2.

Plaintiff is due $29.75 as interest pursuant to Labor Code Sections 98.1(c) and 2802(b).

Defendant discharged Plaintiff on June 1, 2012. Labor Code Secfion 201 provides that if an

employer discharges an employee, the wages earned cind unpaid at tlie lime of discharge are due and

payable immedialely. Defendanl discharged Plaintiff on .lune I , 2012. Plaintiff received his final

wages on .Tuly 2, 2012, more than 30 days afler his dale of discharge. Defendant's failure to pay

final wages lo Plaintiff on June 1, 2012 violated Labor Code Seciion 201.

Education Code Section 45040 provides:

Page 6


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

(a) The governing board of a school district oi- charier school not paying the annual salaries of persons employed by the district or charter school in 12 equal monthly payments may withhold from each paymeni made to each employee an amount equal to 16 2/3 percent thereof

(b) The total ofthe amounts deducted from the salary ol'an employee during a school year shall be paid to him or her in tvvo equal installments, one installment to be paid nol later than the fifth day of August next succeeding, and one installment to be paid not later than the fifth day of September next succeeding.

(c) If an employee leaves the service of the district or charter school by death or otherwise before receiving the moneys thai may be due him or her, the amount due him or her shall be paid within 30 days to him or her or lo any other person entitled to those moneys by law.

Defendant asserts that Education Code Secfion 45040(c) grants charter schools up to 30 days

to pay final wages to certificated employees such as Plaintiff at the end of employment. Defendant's

posifion is not persuasive. Defendant's interpretation of Educafion Code Section 45040(c) ignores

the language of subdivisions (a) and (b) of Section 45040. Subdivision (a) permits holding back a

portion ofthe employee's monthly salary for paymeni at dates specified in subdivision (b). A more

reasonable interpretation is that the 30-day period referenced in subdivision (c) is limited to the

paymeni of amounts held back pursuant to subdivision (a) and does not allow charter schools to

delay the payment of all final wages to a tenninated employee. Because the final wages Plaintiff

received from Defendant on July 2, 2012 were nol limited to holdback amounts, Education Code

Seciion 45040(c) does nol apply in the present case.

Labor Code Section 203 provides that an employee's wages .shall continue as a penalty for

up to 30 da)'s if an employer willfully fails to pay in accordance with Labor Code Seciion 201.

Willful as used in Secfion 203 does not require malice or blamabte conduct, but merely that the

failure lo pay was intentional. However, a good faith dispute that any wages are due, based in law or

fact, will preclude imposition of a penally under Section 203.

Defendant argues it acted in good fiiith in its paymeni of final wages to Plaintiff because it

reasonably believed thai il was exempt under Labor Code Section 220(b) and also reasonably

believed ihat Education Code Section 45040(c) permits charter schools an additional 30 days lo pay

Page 7


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

final wages. As discussed above, Defendant failed to provide any coun decision that specifically

addres.ses the issue of charier schools and the exemption provided under Labor Code Section

220(b). Moreover, Defendanfs interpretation of Education Code Seciion 45040(c) is misguided as

it fails 10 lake into accouni the full language ofthe statute. Defendant's ignorance ofthe law is nol a

good faith di.spute, based in law or fiict, as to whether Plaintiffwas due his final wages on June 1,

2012. Absent a good faith dispute, Defendant's failure to pay final wages in a timely manner was

willful within the meaning of Labor Code Section 203 (Tifie 8, California Code of Regulations,

Secfion 13250). Therefore, Defendant owes Plainfiff additional wages of $11,759.10 as a penalty

(30 days fimes $391.97 per day).'

CONCLUSIONS

FOR ALL OF THE REASONS SET FORTH ABOVE, il is hereby ordered that:

1. Plaintiff takes $217.23 as expenses pursuant to Labor Code Section 2802(a).

2. Plaintiff takes $29.75 as interest pursuant to Labor Code Sections 98.1 (c) and 2802(b).

3. Plaintiff takes $11.759.30 as a penalty pursuant to Labor Code Section 203.

Dated: October 14, 2013 S. Franck. Hearing Officer

• Oaily rate calculated al waives orSS2.3l3.00 earned over 210 paid d.-ivs = 5391.97,

Page 8


STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS

DIVISION OF LABOR STANDARDS ENFORCEMENT

CERTIFICATION OF SERVICE BY MAIL ( C C P . 1013A) OR CERTIFIED MAIL

I , Gnesa Navarro , do hereby certiiy that I am a resident of or employed in the Counly of Sarramentn ^ over 18 years of age, not a party to the within action, and that I am employed at and my business address is:

LABOR COMMISSIONER, STATE OF CALIFORNIA 2031 Howe Avenue, Suite 100

Sacramcnto, CA 95825 Tel: (916)263-2841 Fax: (916)263-2853

1 am readily familiar with the business practice of my place of business for collection and processing of correspondence for mailing with the United States Postal Service. CoiTespondence so collected and processed is deposited with the United States Postal Service that same day in tlie ordinaiy course of business.

On October 21. 2013 at my place of business, a copy of the following docuraent(s): OrHpr, Dorisinn nr Award

was(were) placed for deposit in the United States Postal Service in a sealed envelope, by firtif rlas'; mnil , with postage fully prepaid, addressed to:

NonciETO; Young, Minney, & Corr 701 University Ave., Suite 150 Sacramento, CA 95825 Attn: Chastin Pierman

and that envelope was placed for collecfion and mailing on that date following ordinary business practices.

/ certify under penalty of perjury that the foregoing is true ami correct.

Executed on: Ortnhpr 71 201 3 at Snr.rnmpntn , California

STATE CASE NUMBER: 08-69786 .IS GnGsa Navarro Gnesa Navarro

DLSE 544/DEF. A'lTY. (3/06) CERTIFICATION OF MAILING L.C. 98

EXHIBIT B

YM&C L A W O F F I C E S O F Y O U N G . M I N N E Y & C O R R . L L P

S A C R A M E N T O o L O S A N G E L E S o S A N D I E G O

SEPTEMBER 30,2013

REPLY TO SACRAMENTO OFFICE

PAUL C. MINNEY

JAMES E. YOUNG

LISA A. CORR

JERRY W. SIMMONS

CHASTIN H. PIERMAN

KIMBERLY RODRIGUEZ

ANDREA C. SEXTON

SARAH J . KOLLMAN

JANELLE A. RULEY

ANDREW G. MINNEY

MICHELLE A. LOPEZ

SARAH K. BANCROFT

MEGAN M. MOORE

RACHAEL A. BUCKMAN

KATHLEEN M. EBERT

Stephen Franck, Hearing Officer VIA: HAND DELIVERY Labor Commissioner, State of California Department of Industrial Relations Division of Labor Standards and Enforcement 2031 Howe Avenue, Suite 100 Sacramento, CA 95825

Re: Paul Haas v. Gateway Communit}' Charters State Case Number: 08-69786 JS

Dear Mr. Franck:

Our office serves as legal counsel to Gateway Community Charters ("GCC"). This letter shall serve as GCC's answer regarding the aforementioned case filed against the School by Paul Haas ("Plaintiff). Due to the fact that GCC is a public school operating as a quasi-municipal corporation within the jurisdiction of the Twin Rivers Unified School District, the Division of Labor Standards Enforcement ("DLSE") does not have jurisdiction in this matter. Accordingly, GCC respectfully requests that this matter immediately be taken off calendar. Should the DLSE proceed in this niatter, GCC shall clearly establish that the Plaintiff is not owed what she has claimed.

Although the Plaintiffs claim relies upon Labor Code § 201 (timing for payment of final wages for discharged employee) and § 203 (penalties for willfol failure to timely pay final wages), Labor Code § 220(b) provides that Labor Code §§ 201 and 203 do "not apply to the payment of wages of employees directly employed by any county, incorporated city, or town or olher municipal corporation." (Emphasis added.) The legislative intent surrounding Assembly Bill 2410, which amended Labor Code § 220, demonstrates that the Legislature acknowledged that § 220(b) exempts public agencies from specified wage payment requirements while holding private sector employers accountable. As will be explained in detail below, GCC is lawfully classified as an exempt municipal corporation for purposes of Labor Code § 220(b) because GCC is part of the California public school system - in this case, operating as a public school in the Twin Rivers Unified School District - and is viewed in the same way as any other public school within the school district.'

' Wilson V. Stale Board of Education, 75 CaI.App.4"' 1125 (1999).

M A I N O F F I C E : 7 0 1 U N I V E R S I T Y A V E N U E , S U I T E I S O , S A C R A M E N T O , C A 9 5 8 2 5

T E L 9 1 6 . 6 4 6 . 1 4 0 0 a F A X 9 1 6 . 6 4 6 . 1 3 0 0 a W W W . M Y C H A R T E R L A W . C O M

Stephen Franck, Hearing Office^j^ Re: Paul Haas v. Gateway Community Charters September 30, 2013 Page 2 of 10

LABOR CODE § 220(6) EXEMPTS PUBLIC AGENCIES SUCH AS GCC

In Division of Labor Law Enforcement v. El Camino Hospital District (1970) 8 Cal. App. 3d Supp. 30, the court analyzed whether a hospital district qualified as a "municipal corporation" as used in Labor Code § 220(b) so as to be exeinpt from certain Labor Code provisions. In finding that a hospital district qualified under the exception, the court adopted a broad atid unrestricted interpretation of § 220(b). The court defined the term "municipal corporation" as municipal corporations in the commonly accepted sense - namely, public corporations or quasi-municipal corporations. Further, the court described "quasi-municipal corporations" as "public agencies created or authorized by the Legislature to aid the state in some form of public or state work, other than community government."^ In summary, "the term applies to a corporation exercising a goverrmiental function."^

Similarly, in Torres v. Housing Authority of Tulare Counly (1979) 89 Cal. App. 3d 545, 550, the court interpreted the term "municipal corporation" under the Ralph M. Brown Act, California's open meeting law. Citing to El Camino Hospital DisiricI, the court observed that the term "municipal corporation" is broader than the term "city," and held that the Housing Authority was a municipal corporation because it is "local in scope and character, restricted geographically in its area of operation, and does not have statewide power or jurisdiction even though it is created by, and is an agent of, the state rather than of the city or county in which it functions."

Finally, in Johnson v. Arvin Edison Water Storage District (2009) 174 Cal. App. 4th 729, the court further expanded the term "municipal corporation." In finding that a water storage district was exempt from the wage payment requirements of Labor Code §§ 201-203 because it qualified as a municipal corporation within the meaning of Labor Code § 220(b), the court focused on the principal public function of the agency, as well as its public oversight:

"As discussed above, water storage districts are governed by elected boards of directors that have regulatory and police powers to operate facilities for storage and distribution of water, "a purpose that is indispensable to the public interest. " (Wat, Code, § 39059.) These powers include setting tolls and charges for the use of water, issuing bonds, and acquiring property through eminent domain. Additionally, as with other local agencies, water storage districts are subject to open meeting laws and their records are subject to public disclosure. (Wat. Code, §§ 40656, 40657.) Thus, water storage districts perform an essential governmental function for a public purpose, i.e., the development, preservation and conservation of water for the beneficial use of the district's inhabitants (cf. City of Modesto v. Modesto Irrigation Dist. (1972) 34 Cal.App.3d 504, 507 [110 Cal. Rptr. Ul]), through an elected board of directors with regulatory powers. As such, water storage

' Division of Labor Law Enforcement v. El Camino Hospital District (\970) 8 Cal. App. 3d Supp. 30, 33. ' Johnson v. Arvin-Edison Water Storage District (2009) 174 Cal. App. 4"" 729, 740-741.

YM&C

Stephen Franck, Hearing Officei^ Re: Paul Haas v. Gateway Conimunity Charters September 30, 20J3 Page 3 of 10

districts qualify as other municipal corporations under section 220, subdivision (b). Accordingly, the trial court correctly concluded that the District is exempt from the requirements of sections 201, 202 and 203."'*

Thus, under applicable case law precedent defining a "municipal corporation," a municipal corporation is a public corporation or quasi-municipal corporation that is created by the Legislature to assist the state in some form of public function.^ As will be explained below, GCC falls within the definition of a "municipal corporation" as a quasi-municipal coiporation because, as a charter school, it was created by the Legislature pursuant to the Charter Schools Act of 1992 for the express purpose of fulfilling the governmental function of providing public education.

GCC IS A QUASI-MUNICIPAL CORPORATJON EXEMPT UNDER LABOR CODE § 220(B)

As indicated above, GCC falls into the definition of a municipal corporation because GCC assists the State of California in carrying out the public function of providing public education.

Charter schools are part of the California public school system and are public entities by law. Like other public entities, California charter schools are creatures of state law that are funded by the state, subject to the supervision and control of the state, and exist at the state's mercy. "Indeed, it bears underscoring that charter schools are strictly creatures of statute. Froin how charter schools come into being, to who attends and who can teach, to how they are governed and structured, to funding, accountability and evaluation ~ the Legislature has plotted all aspects of their existence." ^ Clearly, charter schools carry out a public function, and in carrying out that public function, are subject to public oversight.

The conclusion that charter schools such as GCC are public entities carrying out the governmental function of providing public education as a quasi-municipal corporation has overwhelming statutory support. Such statutory provisions include, but are not limited to, the following:

1. GCC is publicly and directly funded for the purposes of providing public education just like school districts pursuant to Education Code §§ 47612, 47650, and 47651.

2. GCC, like all other charter schools, was required to petition and be authorized by a school district or the local County Board of Education or California State Board of Education pursuant to Education Code § 47605(j)(l).

' Id. at 740-741. ^ El Camino Hospital District., supra, 8 Cal. App. 3d Supp. at 33; Torres, supra, 89 Cal. App. 3d at 550; Johnson, supra, 174 Cal. App. 4' 729 at 740-741. ^ Education Code § 47600 et seq.-. Education Code § 47601(g) provides that charter schools such as GCC are intended to "provide vigorous competition within the public school system to stimulate continual improvements in all public schools." ' Wilson, supra, 75 Cal. App. 4* 1125 at 1139. 'y^^. at 1135.

YM&C

Stephen Franck, Hearing Offic^ Re: Paul Haas v. Gateway Community Charters September 30, 2013 Page 4 of 10

3. GCC, including the Board of Directors which operates GCC, is subject to the state's open meeting law, the Ralph M. Brown Act, just like all other public agencies pursuant to Government Code § 54950.

4. GCC is subject to the California Public Records Act just like all other public agencies pursuant to Government Code § 6250.

5. GCC is legally prohibited from charging tuifion of any kind to attend its public school just like all other public schools pursuant to Education Code § 47605(d)(1).

6. GCC must be nonsectarian in all of its practices just like all other public schools pursuant to Education Code § 47605(d)(1).

7. GCC is held the same measures of accountability for student performance standards as all other public schools pursuant to Education Code §§ 47605(c)(1) and 47612.5(a)(1).

8. GCC students are enfitled to due process upon suspension and expulsion just like all otiier public school students pursuant to Education Code § 47605.6(j).

9. GCC students are entitled to IDEA/Section 504 services (services and reasonable accommodations for special education students) just like all other public school students pursuant to Education Code § 47646.

10. GCC is subject to oversight by its authorizer (the Twin Rivers Unified School District), the Sacramento County Board of Education, the California State Board of Education and California Department of Education for legal compliance, fiscal oversight, etc. pursuant to Educafion Code § 47604.32.

11. GCC is entitled to a percentage of public bond monies each year from the State to develop facilities pursuant to Educafion Code §§ 47612.5 and 47603.

12. GCC is entitled to receive reimbursement for its private facilities costs pursuant to Educafion Code § 47614.5.

13. GCC is subject to collective bargaining as a public school governed by the Educational Employment Relations Act pursuant to Education Code § 47611.5 and Government Code § 3540. l(k).

14. GCC employees are eligible to participate in the state retirement systems like all other public employees pursuant to Education Code § 47611.

Indeed, California public schools have long been treated as state agencies performing a government function under California law. The California Constitution requires the state legislature to "provide for a system of common schools" and sets forth detailed requirements for those schools. ° The California Supreme Court recognized that public schools are a central government function in California: "The public schools of this state are a matter of statewide rather than local or municipal concern; their establishment, regulation and operation are covered by the Constitution and the state Legislature is given comprehensive powers in relation thereto."" Moreover, California law provides that "providing public educafion is a state funcfion."'^ Accordingly, public schools like GCC are considered quasi-municipal corporations for purposes of Labor Code § 220(b) because they fulfill a government function by providing public education in California.

' Belanger v. Madera Unified School District (\992) 963 F.2d 248, 253. Cal. Const, art. IX, §§ 5, 6.

' ' Hall V. City ofTaft (1956) 47 Cal. 2d 177, 179. Belanger, supra, 963 F.2d 248 at 253.

YM&C

Stephen Franck, Hearing OJfice^ Re: Paul Haas v. Gate-way Community Charters September 30, 2013 PageSof 10

Furthermore, it must be noted that school districts have specifically been recognized as quasi-municipal corporations exempt for purposes of Labor Code § 220(b) due to their funcfion of providing public education.'"' Consistent with the authority cited above which clearly demonstrates that charter schools are viewed in the same inanner as school districts, GCC is also a quasi-municipal corporation under Labor Code § 220(b). Accordingly, the DLSE does not have jurisdicfion to hear the Plaintiffs claim.

OPERATION AS A PUBLIC BENEFIT CORPORATION DOES NOT DEFEAT GCC's STATUS AS A

"MUNICIPAL CORPORATION"

In an Order, Decision or Award ("ODA") of the Labor Commissioner dated August 5, 2013,''' the Labor Commissioner concluded that GCC was not exempt under Labor Code § 220(b) because it operated as a nonprofit public benefit corporation. Citing Wells v. One20ne Learning Foundation (2006) 39 Cal. 4th 1164, the ODA found that charter schools such as GCC are free of the management and oversight of the public education bureaucracy so as not to be an exempt public entity due to their status as nonprofit public benefit corporations.' However, the Labor Commissioner's reliance on Wells is misplaced because as established above, charter schools do not operate independently of oversight and control. Furthermore, the Wells case is distinguishable in that it was not decided under the same legal framework defining "municipal corporations."

In creating the Charter Schools Act of 1992, the Legislature intended to establish "schools that operate independently from the existing school structure."' However, tliis independence was not to create private schools or entities. California law expressly recognizes that charter schools are part of the public school system and their operational independence helps charter schools to provide and further public education - a government function.'^ An overarching purpose of charter schools is to stimulate competition in order to improve all schools within the public school system.' Thus, this operafional independence explicitly furthers the governmental purpose of charter schools' dynamic role in public education, and does not in any way create a private enfity.

Moreover, as established above, the relevant inquiry with regard to defining municipal corporations is that the entity is created by the Legislature to assist the state in some form of public function.'^ Thus, unlike Wells, the corporate status of a charter school for tax purposes is wholly irrelevant to the inquiry of whether the charter school is a municipal corporation. It must be noted that charter schools are explicitly authorized to operate as nonprofit public benefit corporafions by Education Code § 47604 solely for tax purposes so that such schools may gain tax exempt status and solicit donations as a public charity. The status of a charter school as a

'• El Camino Hospital District, supra, 8 Cal. App. 3d Supp. 30 at 33. Case No. 08-65689 LM. Please be advised that this ODA is currently being appealed to the Superior Court of

California, County of Sacramento (Case Number 34-2013-00149018). '^ODA, p. 4, Ins. 5-13. "^Education Code §47601. " Wilson, supra, 75 Cal. App. 4"' at 1139.

Education Code § 47601(g). " El Camino Hospital District., supra, 8 Cal. App. 3d Supp. at 33; Torres, supra, 89 Cal. App. 3d at 550; Johnson, supra, 174 Cal. App. 4th 729 at 740-741.

YM&C

Stephen Franck, Hearing Officer Re: Paul Haas v. Gale-way Community Charters September 30, 2013 Page 6 of 10

nonprofit public benefit corporation for tax purposes in no way impacts its legal status as a public entity providing public education. Consistent with the true inquiry of whether an entity is a municipal corporation based upon its creation and funcfion, GCC falls within the exception in Labor Code § 220(b) because it is a quasi-municipal corporation explicitly created by the Legislature to provide public education.

Furthermore, the analysis in Wells and cases following its line of reasoning do not involve "municipal corporations" and the excepfion in Labor Code § 220(b), which is the relevant inquiry here. Instead, those cases deal with the public verses private classification of charter schools for purposes of limited statutory issues, which is not the same inquiry for detennining whether a charter school is a "municipal corporation." Specifically, Wells found that charter schools are not "public entities" under the California False Claims Act; Knapp v. Palisades Charter High School (2007) 146 Cal. App. 4th 708 found that charter schools are not "public entities" under the Tort Claims Act; and Caviness v. Horizon Community Learning Center, Inc. (2010) 590 F.3d 806, 813-14 found that charter schools are not state actors for purposes of 42 U.S.C.S. § 1983. Additionally, Wells focused on the fact that charter schools are operated by nonprofit public benefit corporafions and are given substantial freedom to achieve academic results.However, the freedom to achieve academic results does not mean that charter schools are not under the control and oversight of the public school system.

In fact, charter schools are subject to significant governmental oversight because California charter schools must permit at least one (1) representative ofthe charter-granting school district to sit on the charter school's governing board, the charter-granting school district retains the duty to inspect the charter school's l^cilities, the charter-granting school district must ensure the charter school complies with reporting requirements, the charter-granting school district monitors the charter school's finances, and the charter-granting school district reports any charter school legal compliance issues to the California Department of Education. Moreover, charter schools' fiscal operations are subject to significant oversight where charter schools must promptly respond to any inquiries in this regard from their charter-granting school district, the County Office of Education, or the California Superintendent of Public Instruction, and must also submit a series of financial reports to the same public agencies annually. ^ In addition, charter schools are subject to investigation and even closure of their schools by their charter-granting school district, the local County Superintendent of Schools, or the California State Board of Education for failing to comply with applicable law.' ' All of this statutory oversight of charter schools is consistent with the Legislature's declarafion that charter schools are part of the public school system and "under the jurisdiction of the Public School System and the exclusive control of the officers of the public schools..."^" Accordingly, any assertion that charter schools are not public entifies subject to oversight of the public school system is simply misguided.

Wells, supra, 39 Cal. 4"' 1164 at 1201. ' Education Code §§ 47604(b), 47604.32. Education Code §§ 47604.3, 47604.33. Education Code §§ 47604.4, 47604.5, and 47607. Education Code § 47615.

YM&C

Stephen Franck, Hearing Office^^ Re: Paul Haas v. Gateway Community Charters Seplember 30, 2013 Page 7 of 10

Finally, it must be noted that GCC is legally recognized as a public corporation exercising the government funcfion of providing public education with public funding. ^ Attached as Exhibit A, please find evidence of GCC's incorporation as a nonprofit public benefit corporation from the California Secretary of State, as well as proof of GCC's tax exempt status from the Internal Revenue Service and the California Franchise Tax Board demonstrating that GCC is a public nonprofit/charitable corporation operafing a California public school. In California, the state constitution, statutes, and Supreme Court decisions have made public education a state governmental function.Accordingly, GCC is a public corporation exempt from Labor Code §§ 201 and 203 pursuant to Labor Code § 220(b). As such, the DLSE does not have jurisdicfion to hear the Plainfiffs claim.

T H E DLSE DETERMINED CHARTER SCHOOLS ARE EXEMPT UNDER LABOR CODE $ 220(B)

It must be further noted that the DLSE has repeatedly decided that Labor Code § 220(b) encompasses and exempts charter schools such as GCC from the wage payment requirements. Most recently, on September 10, 2013, August 21, 2013, October 30, 2012 (two [2] cases) and September 23, 2011, the DLSE found that charter schools organized in the exact same manner as GCC were municipal/quasi-niunicipal corporations as defined by Labor Code §220(b) and were thus exempt from waiting time penalties and the related statutes at issue herein. Attached as Exhibit B, please find a copy of these decisions from the DLSE. In at least two (2) other proceedings before the DLSE, it was also determined that Labor Code § 220(b) relieved a charter

77

school from wage payment/penalty requirements. Thus, the DLSE does not have jurisdiction to hear the Plaintiffs claim.

EDUCATION CODE § 45040 ALLOWED GCC THIRTY (30) DAYS IN WHICH TO PAY THE

PLAINTIFF HIS "FINAL WAGES"

Assuming the DLSE elects to hear the Plaintiffs claim, the DLSE must be advised that GCC was under no legal obligation to pay the Plaintiff, a certificated employee (Principal) of the School, his final wages at the fime of his release. Specifically, Education Code § 45040(c) unambiguously allowed GCC to pay the Plaintiff within thirty (30) days of such time. Attached as Exhibit C, please find a copy of Educafion Code § 45040. Educafion Code § 45040(c) allows charter schools to pay a certificated employee, such as the Plaintiff, separating from employment for any reason "the moneys that may be due him or her...within 30 days..." Although Labor Code § 201 requires immediate payment of wages due at the time of discharge, Education Code § 45040(c) conflicts with Labor Code § 201 and is far more specific. Based upon the well-knowTi rules of statutory construction, when special and general laws conflict, the former is prevailing, or in other words, the special law is treated as the exception to the general law, regardless of which was first enacted.Moreover, a special statute dealing with a particular subject constitutes an exception so as to control and take precedence over a conflicting general

Education Code § 47612 establishes that charter schools shall be considered school districts in that both entities publicly funded in the same manner and hold the same status in the realm of public education under the California Constitution.

Belanger, supra, 963 F.2d 248 at 253. " Labor Commissioner, State of Califomia, Cases No. 15-13905-PH (2003) & 06-85951-RR (2007).

Nunes Turfgrass, Inc. v. Vaughan-Jacklin Seed Co. (1988) 200 Cal. App. 3d 1518.

YM&C

Stephen Franck, Hearing Offic^ Re: Paul Haas v. Gateway Cominunily Charters Septeinber 30, 2013 Page 8 of 10

Statute on the same subject, even though, v 'hen standing alone, the general statute would be broad enough to include the subject to which the more particular one relates.

In this case, Education Code § 45040(c) specifically allows a charter school, like GCC, to pay a certificated employee, like the Plainfiff, his final wages within thirty (30) days of his last day of employment. Attached as Exhibit D, please find a copy of the Plaintiffs teaching and administrative credential information from the California Commission on Teacher Credentialing which establishes that the Plaintiff is a "certificated employee" as outlined in Education Code § 45040. Consistent with the legal principles cited above regarding statutory construction, Education Code § 45040(c), as the more specific statute addressing timing for final payment, controls the Plainfiffs claim. The Plaintiffs was released from his at-will employment on June 1, 2012 and received his final wages on June 30, 2012. Attached as Exhibit E, please find a copy of the Notice of Release from At-Will Employment and the final paycheck provided to the Plaintiff which demonstrate the Plaintiff was paid well within the thirty (30) days allowed by Education Code § 45040(c). Thus, GCC fimely paid the Plaintiff his final wages and owes him no waiting fime penalfies.

GCC D I D NOT WILLFULLY F A I L TO PAY FINAL WAGES

Labor Code § 203 provides a penally when an employer willfully fails to pay wages in accordance with Labor Code § 201 (payment on discharge). Labor Code § 203 only applies where the failure to pay wages al lermination is willful. "Willfully," as used in Labor Code § 203, has been defined to include an intentional failure or refusal to pay wages that are due. ° The DLSE has concluded that a "good faith dispute" prevents a finding of willfulness.^' A good faith dispute exists:

"when an employer presents a defense, based in law or fact which, if successful, would preclude any recovery on the part of the employee. The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist. Defenses presented which, under all Ihe circumsiances, are unsupported by any evidence, are unreasonable, or are presented in bad faith, will preclude a finding of a 'good faith dispute.' "^^

Furthermore, if an employer's duty to pay wages is uncertain because the law is unclear, penalties may not be appropriate because the violafion was not willful.

In this case, GCC's payroll was processed by the Sacramento County Office of Education ("County"), as is a common practice for charter schools tiiroughout the State of California. Due to the fact that the County processes payroll for all school districts in its jurisdicfion, and school districts are exempt under Labor Code § 220(b), the County was accustomed to having flexibility

'\lones V. Pierce, 199 Cal. App. 3d 736 (1988). ° Ghory v. Al-Lahham (1989) 209 Cal. App. 3d 1487, 1492; 8 Cal. Code Reg. § 13520.

" 8 Cal. Code Reg. § 13520; Nordstrom Commission Cases (2010) 186 Cal. App. 4th 576, 587. " 8 Cal. Code Reg. § 13520(a). " Barnhill V Robert Saunders rSc Co (1981) 125 Cal.App. 3d 1, 8-9.

YM&C

Stephen Franck, Hearing Office. Re: Paul Haas v. Gateway Community Charters September 30, 2013 Page 9 of 10

regarding the timing in which they must process terminated employees' final paychecks. The County customarily processed such paychecks at the end of the monthly payroll cycle. Believing that GCC was just like any other school district school in its jurisdiction, the County processed the Plaintiffs final paycheck at the end of the monthly payroll cycle. Neither the County nor GCC had any reason to believe that GCC was required to comply with Labor Code § 201 because the DLSE had never issued an unfavorable decision against GCC in this regard in the ten (10) years the School had been operating. In addifion to the County's position and practice regarding the timing for the Plaintiffs final paycheck, GCC understood and believed in good faith that it was exempt under Labor Code § 220(b) based upon its status as a public school and its understanding of the laws applicable to charter schools. As such, since a good faith dispute existed regarding GCC's obligation to comply with Labor Code § 201, and the law in this regard is unclear as oufiined above, GCC is not liable to the Plainfiff for waifing fime penalties under Labor Code § 203.

THE PLAINTIFF IS NOT ENTITLED TO THE CLAIMED AMOUNT OF WAITING T I M E PENALTIES

The Plainfiff has claimed waiting time penalfies of $431.55 per day based upon his daily rate. This daily rate is inaccurate. The Plaintiff was employed as a Principal at GCC and earned $86,625.00 annually (not $90,625.00 as claimed). The Plainfiff worked on a 221 work day calendar (not a 210 work day calendar as claimed). Attached as Exhibit F, please find a copy of the Plainfiffs salary summary and work year calendar. Accordingly, the Plaintiffs daily rate for any waiting time penalfies assessed would be $391.97.

THE PLAINTIFF IS NOT ENTITLED TO THE CLAIMED MILEAGE REIMBURSEMENT

The Plainfiffs claim that he is owed $400.16, representing 721 miles driven at $.555 per mile incurred from April 2012 to May 31, 2012, is false and unsubstanfiated. The Plainfiff was released from his at-will employment, in part, due to his "fraud, misrepresentation, and conspiring with subordinate employees to document and approve compensation for such employees which they did not earn." Further evidence of the Plaintiffs fraud and misrepresentation, specifically related to his submission of mileage reimbursements, is found in email communications from the GCC Superintendent/CEO Cindy Petersen to the Plaintiff on April 17, 2012 wherein Ms. Petersen reprimanded the Plaintiff for submitting false/inflated mileage reiinbursement claims. Attached as Exhibit G, please find copies of the emails documenting the Plaintiffs fraudulent mileage reimbursement claims. Accordingly, it can reasonably be assumed that the Plainfiffs current claim for $400.16 is also fraudulent and significantly inflated.

Furthermore, the Plaintiff never submitted to GCC any claim for the alleged $400.16 mileage reimbursement. GCC only received notice of this claim in the "Notice of Hearing" dated July 31, 2013 from the DLSE. Pursuant to GCC policy addressing "Expense Reimbursements" found on page 20 of the GCC Employee Handbook in effect during the 2011-2012 school year, "All reimbursements must be submitted within thirty (30) days ofthe date the expense was incurred." The policy also states that, "GCC will reimburse employees for use of their automobile in performing routine school related business. To be eligible for mileage reimbursement an employee must complete a Personally Owned Automobile Milease

YM&C

Stephen Franck, Hearing Office. Re: Paul Haas v. Gateway Community Charters Seplember 30, 2013 Page 10 of 10

Reimbursement /"orm...Mileage reimbursements will only be processed for pre-approved school activities and must be signed by the employee's supervisor and the GCC Chief Business Official." Attached as Exhibit H, please find a copy of the GCC Employee Handbook, as well as a signed "Acknowledgement" of the Employee Handbook executed by the Plaintiff wherein he verified he read, understood, and agreed to adhere to the policies therein. The Plaintiffs unfimely and false claim for mileage reimbursement violates GCC policy. Specifically, the Plaintiff did not submit a request for the $400.16 mileage reimbursement within thirty (30) days using the authorized GCC form. As a result, GCC has no way to verify he drove any of the miles he is now claiming. In addifion, the 721 miles the Plainfiff allegedly drove were not pre-approved as he had clearly been reprimanded by GCC in April 2012 to cease and desist his exaggerated driving claims. Accordingly, GCC has no obligation to pay the Plaintiff the claimed mileage reimbursement claim.

Assuming the DLSE finds that the Plaintiff is owed any amount of mileage reimbursement, please note that on average, the Plaintiff was previously paid, in good faith, for an approximate average of 340 miles per month based upon his exaggerated mileage claims. Attached as Exhibit L please find a copy of the Plainfiffs "Personally Owned Automobile Mileage Reimbursemenf forms submitted from July 2011 through March 2012.

Based upon the above, GCC respectfully requests that the Plainfiffs wage claim be dismissed and that this matter scheduled for hearing on Wednesday, October 9, 2013 at 8:30 a.m. immediately be taken off calendar.

Please do not hesitate to contact my office should you have any questions or concerns in this matter.

Sincerely, LAW OFFICES OF YOUNG,

MINNEY &. CORK, LLP

r >

Chastin H. Pierman

AITORNEY A T L A W

Attachments cc: Cindy Petersen, Superintendent/CEO

Gateway Community Charters

YM&C

EXHIBIT A

of 1

Secretary of State

Business Entities (BE)

Online Services - E-File Statements of

Information for Corporations

- Business Search - Processing Times

Disclosure Search

Resources - Business Resources - Tax Information - Starting A Business

Customer Alerts - Business Identity Theft • Misleading Business

Solicitations

Administrat ion Elections Business Programs Polit ical Reform Archives Registries

Business Entity Detail

Data is updated to the California Business Search on Wednesday and Saturday mornings. Results reflect work processed through Tuesday, September 24, 2013. Please refer to .Processing.Times for the received dates of filings currently being processed. The data provided Is not a complete or certified record of an entity.

Main Page Entity Name: GATEWAY COMMUNITY CHARTERS

Service Options Entity Number: 02535944

Name Availability Date Filed: 05/21/2003

Forms, Samples & Fees Status: ACTIVE Statements of Information (annual/bicnnlal reports) 3urisdict ion: CAUFORNIA

Filing Tips Entity Address: 5712 DUDLEY BLVD.

Information Requests (certificates, copies & status reports)

Entity City, State, Zip:

Agent for Service of Process:

MCCLELLAN CA 95652

CINDY L. PETERSEN Service of Process

FAQs

Contact Information

Agent Address:

Agent City, State, Zip:

5712 DUDLEY BLVD.

MCCLELLAN CA 95652

• Indicates the information is not contained In the California Secretary of State's database.

• If the status of the corporation is "Surrender," the agent for service of process Is automatically revoked. Please refer to California Corporations Code .section 211^^ for information relating to service upon corporations that have surrendered.

• For information on checking or reserving a name, refer to .N..a..rT>,e...Ayailabin ^ ^ • For information on ordering certificates, copies of documents and/or status reports or to request a

more extensive search, refer to .I.n,forma.t|p|, Rgg

• For help with searching an entity name, refer to .Search Tips.

• For descriptions of the various fields and status types, refer to .Fie!,!J,,pescri ^^^^^ pef in i t ions.

Modjfy Search .New Search .Pri.nter Frjendly .Back to Sea rch

Privacy Statement | .Free Documen ^

Copyright © 2013 California Secretary of State

http://kepler.sos.ca.gov/cbs.aspx 9/27/2013

t'age i 01J


Data i s updated to the California Business Search on Wednesday and Saturday mornings. Results r e f l e c t work processed through Tuesday, September 24, 2013. Please refer to Processing Times for the received dates of f i l i n g s currently being processed. The data provided is not a complete or c e r t i f i e d record of an enti t y .

E n t i t y Name: G.ATEWAY COMMUNITY CHARTERS

E n t i t y Number: C2535944

Date F i l e d : 05/21/2003

Status: ACTIVE

J u r i s d i c t i o n : CALIFORNIA

E n t i t y Address: 5712 DUDLEY BLVD.

E n t i t y C i t y , State, Zip: MCCLELLAN CA 95652

Agent f o r Service of Process; CINDY L. PETERSEN

Agent Address: 5712 DUDLEY BLVD.

Agent C i t y , State, Zip: MCCLELL.AN CA 95652

* Indicates the information i s not contained i n the California Secretary of State's database.

• I f the status of the corporation is "Surrender," the agent for service of process i s automatically revoked. Please refer to California Corporations Code section 211'1 for information relating to service upon corporations that have surrendered.

• For information on checking or reserving a name, refer to Name A v a i l a b i l i t y . • For information on ordering c e r t i f i c a t e s , copies of documents and/or status'

reports or to request a more extensive search, refer to Information Requests. • For help with searching an ent i t y name, refer to Search Tips. • For descriptions of the various f i e l d s and status types, refer to Field

Descriptions ;ind Status Definitions.

Pi-'ivdcy SLa LemeriU I Fre^ Documenu P.irciCleis

copyright © 2013 C a l i f o r n i a Secretary of State

http://kepler.sos.ca.gov/cbs.aspx 9/27/2013

•'^'^^°«jce ofthe Secretary oVsn of the Stale of California

ARTICLES OF INCORPORATION MAY 2 1 2003

GRANT COMMUNITY CHARTERS KEVIN SHELLEY ' (A California Non-Profit Public Benefit Corporation) Secretary of Sta te

I.

The name ofthe Corporation shall be: Grant Conimunity Charters.

n.

Tlie Corporation is a non-profit public benefit corporation and is not organized for the private gain of any person. It is organized under the Non-Profit Public Benefit Corporation Law p, , O, 16 for public and charitable purposes. The specific purposes for which this Corporation, is r^c organized are to manage, operate, guide, direct and promote the charter schools (Califomia PiAl^P^*^^-pubhc schools) authorized by the Grant Joint Union High School District.

The Corporation is organized and operated exclusively for charitable purposes pursuant to and within the meaning of section 501(c)(3) of the Intemal Revenue Code' or the corresponding provision of any future United States internal Reventie Law. Notwithstanding any •)ther provision of these articles, the Corporation shall not, except to an insubstantial degree, engage in any other activities or exercise of power .that do not further the purposes of the Corporation. The Corporation shall not carry on any other activities not permitted to be carried • on by: (a) a corporation exempt firom federal income tax under section 501(c)(3) ofthe Internal Revenue Code, or the corresponding section of any future federal tax code; or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the hitemal Revenue Code, or the corresponding section of any future federal tax code.

HI.

The name and address in the State of Califomia of this Corporation's initial agent for service of process is:

Timothy Adams Roberts and Adams

18377 Beach Boulevard #322 Huntington Beach, CA 92648

rv.

All corporate property is irrevocably dedicated to the purposes set forth in the second article above. No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to any of its directors, members, tmstees, officers or other private persons except ^ -at the Corporation shall be authorized and empowered to pay reasonable compensation for

ices rendered, and to make payments aud distributions in furtherance of the purposes set forth in Article E.

ARTICLES OF INCORPORATION PAGE I OF 2

No substantial part ofthe activities of the Corporation shali consist of the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the pubhshing or distribution of statements) any pohtical campaign on behalf of or in opposition to any candidate for pubhc office.

Subject to the provisions of the non-profit pubhc benefit provisions of the Non-Profit Corporation Law of tbe State of Cahfomia, and any limitations in the articles or bylaws relating to action to be approved by the members or by a majority of all members, if any, the activities and affairs of this Corporation shall be conducted and all the powers shall be exercised by or under the direction of the board of directors.

The number of directors shall be as provided for in the bylaws. The bylaws shall prescribe the quahfications, mode of election, and term of office of directors.

The authorized niunber and quahfications of members of the coiporation, if any, the different classes of membership, the property, voting and other rights and privileges of members, and their Habihtyfor dues and assessments and the method of collection thereof, shah be set forth in the bylaws.

VI.

Upon the dissolution or winding up of the Corporation, its assets remaining after payment of all debts and liabilities of the Corporation, shall be distributed to a non-profit fund, foundation, or association which is organized and .operated exclusively for educational, pubhc or charitable purposes and which has established its tax exempt status tmder section 501(c)(3) of the Intemal Revenue Code, or the coiresponding section of any future federal tax code, or shall be distributed to the federal govemment, or to' a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organization or organizations, as said court shall detennine, which are organized and operated exclusively for such purposes.

Dated: ^-^^^-O^ Allen Wayne Warren Incorporator

ARTICLES OF INCORPORATION PAGE 2 OF 2

u

SECRETARY OF STATE

J, Kevin Shelley, Secretary of State of the State of California, hereby certify:

n That the attached transcript of page(s) has

been compared with the record on file in this office, of which it purports to be a copy, and that it is full) true and correct.

IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of

MAY 2 1 2003

Secretary of State

Soo/Stala Form CE.107 (rev. 1/03)

ENDORSED-FILED CERTmCATE OF MIENB^IENT Oli'

AJiTiCLES OF INCORPORATION , ^ onno OP SEP 1 5 0Q8

GATEWAY COMMUNITY CHARTERS

The undersigned certiiy that:

1. They are the ,Pi:esideni and the vSecretary of • Gateway Cotnmuiiity Charters, a Califomia JiOJijjrofit public benefit.corporation.

2. Article II ofihe Articles of Jijcorporation of tWs cojpoiiation is amended to read as follows:

Tiie Cbi|)dratiph is sa nbii-profit public benefit corporalioii and is not orgJinized for Ute private gain of any person. Jt is organized wder the Nor ,-. Frofit Public Benefit Corpbnrtion Law for public and charitable purposes. Tha specific purposes for which this .CorpbratioiV is orgatuxed af« to mana ; operate, guide, direct attd promote one or more CaJjfonu'a pubiic elvarter schools.

The eorporation is organized and operated exclusively for charitable purposes pursuant to tmd vwthin the meaning pf septiAn 501.(c)(3) of ilje Internal -Revenue Code br the ctvrrcspbriding provisibii of any future tJhited State.-totenial i eycnue l^\y: Nohvilhslandiiig any other provision of tiiese articles, Uje Gorpbratidhi sbail riot; e?ccept to an. insubstantial degree eiigaige in any other activities or exercise , of power that do not fMher puiposes ofthe Corpptation, The Corppration haU not cany on any other lictiyities hot pennitted tp be carried, bii by; (a) a corporation exempt from, federtil income lax linder sectiori. 50i(c)(3) of the Interiial Revenue Code, or the correspandinig section of any future federal tax code- or (b) by a. corpomtiba, coiitnbutioiis toAvliich ate deductible uiidfer scctibij 170(c){2) of the Ihtcntai . Revenue Code, or the corresponding section of any future fcdejra|tax code.

3. The foregoing wnendmenl of iEhe Articles of Incorporation has been duly approved by the board of directors.

•1. The corporation has no members,

I further declare utider penalty of peijury uhderth lavvs ofthe State of California that the Tnatlere set forth in Uiis ceilificate are. (rue ahd.con-ect of nay ovwi:kno\vledge.

DATE: 09/OJ^JP^ ^^^-^---H-c^<^ ifS~~PC-'><'^rh^ ^i,X)N SAMPLE, Presideni

imVCEMANGEHJCH, %<^sjy

state of California Secretary of State

I, DEBRA BOWEN, Secretary of State of the State of California, hereby certify:

That the attached transcript of L page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct.


SEP J 6 2008

DEBRA BOWEN Secretary of State

Sec/stale Form CE-107 (REV 1/2007) OSPOe 99734

INTERNAL REVENUE SERVICE P. 0 . BOX 2508 CINCINNATI , OH 45201

<2 ,' Ua<'i.f..^'<'-.i'^-/ .fi..!^U£-'^',i^j.(^'

DEPARTMENT OF THE TREASURY

Date: JAN 1 t 2005

GRANT COMMUNITY CHARTERS 52 01 ARNOLD AVE MCCLELLAN, CA 95652

Employer I d e n t i f i c a t i o n Number: 20-0231006

DLN: 17053123072025

Contact Person: GARY L BOTKINS ID# 31463

Contact Telephone Number: (877) 829-5500

Accounting Period Ending: June 30

Public Charity Status: . 1 7 0 ( b ) ( 1 ) ( A ) ( i i )

Form 990 R e q u i r t i d : Yes

E f f e c t i v e Date o f E x e m p t i o n : March 17, 2005

C o n t r i b u t i o n D e d u c t i b i l i t y : Yes

Dear Applicant:

We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also q u a l i f i e d to receive tax deductible bequests, devises, transfers or g i f t s under section 2055, 2106 or 2522 of the Code. Because t h i s l e t t e r could help resolve any questions regarding your exempt status, you should keep i t i n your permanent records.

Organizations exempt under section 501(c)(3) of the Code are further classified f ^ l / i ^ ^ ^ as either public charities or private foundations. We determined that you are .^p i - r \ J a public charity under the Code section(s) l i s t e d i n the heading of t h i s Ct'ui' ' l e t t e r .

Please see enclosed Information f o r Exempt Organizations Under' Section 501(c)(3) f o r some helpful information about your re s p o n s i b i l i t i e s as an exempt organization.

Letter 947 (DO/CG)

GRANT COMMtJNITY CHARTERS

We have sent a copy of t h i s l e t t e r to your representative as indicated i n your power of attorney.

Sincerely,

Lois G. Lerner Director, Exempt Organizations Rulings and Agreements

Enclosures: Information for Organizations Exempt Under Section 501(c) (3)

Letter 947 (DO/CG)

STATE OF CALIFORNIA FRANCHISE TAX BOARD PO BOX 1286 RANCHO CORDOVA CA 95741-1286

In r e p l y r e f e r t o 755:G :PLR

August A, 2005

GRANT COMMUNITY CHARTERS 5201 ARNOLD AVE MCCLELLAN CA 95652-1025

Purpose Code S e c t i o n Form o f O r g a n i z a t i o n A c c o u n t i n g Period Ending O r g a n i z a t i o n Number

EDUCATIONAL 23701d C o r p o r a t i o n June 30 25359A'i

You are exempt from s t a t e f r a n c h i s e or income tax under the s e c t i o n of the Revenue and T a x a t i o n Code i n d i c a t e d above.

This d e c i s i o n i s based on i n f o r m a t i o n you su b m i t t e d and assumes t h a t your p r e s e n t o p e r a t i o n s continue unchanged or conform t o those proposed i n your a p p l i c a t i o n . Any change i n o p e r a t i o n , c h a r a c t e r , or purpose of the o r g a n i z a t i o n must be r e p o r t e d immediately t o t h i s o f f i c e so t h a t we may determine the e f f e c t on your exempt s t a t u s . Any change of name or

also be r e p o r t e d . address must

In the event of a change i n r e l e v a n t s t a t u t o r y , a d m i n i s t r a t i v e , j u d i c i a l case lavy, a change i n f e d e r a l i n t e r p r e t a t i o n of f e d e r a l law i n cases where our o p i n i o n i s based upon such an i n t e r p r e t a t i o n , or a change i n the m a t e r i a l f a c t s or circumstances r e l a t i n g t o your a p p l i c a t i o n upon which t h i s o p i n i o n i s based, t h i s o p i n i o n may no longer be a p p l i c a b l e . I t i s your r e s p o n s i b i l i t y t o be aware of these changes should they occur. This paragraph c o n s t i t u t e s w r i t t e n a d v i c e , o t h e r than a c h i e f counsel r u l i n g , w i t h i n the meaning of Revenue and Taxation Code S e c t i o n 2 1 0 1 2 ( a ) ( 2 ) .

You may be r e q u i r e d t o f i l e Form 199 (Exempt O r g a n i z a t i o n Annual I n f o r m a t i o n Return) on or before the 15th day of the 5th month (^ 1/2 months) a f t e r the c l o s e of your a c c o u n t i n g p e r i o d . Please see annual i n s t r u c t i o n s w i t h forms f o r requir e m e n t s .

You are not r e q u i r e d t o f i l e s t a t e f r a n c h i s e or income tax r e t u r n s unless you have income s u b j e c t t o the u n r e l a t e d business income t a x

August <i, 2005 GRANT COMMUNITY CHARTERS ENTITY ID : 25359 4' Page 2

under Section 23731 of the Code. In t h i s event, you are required to f i l e Form 109 (Exempt Organization Business Income Tax Return) by the 15th day pf the 5th month (4 1/2 months) a f t e r the close of your annual accounting period.

Please note that an exemption from federal income or other taxes and other state taxes requires separate a p p l i c a t i o n s .

A copy of t h i s l e t t e r has been sent to the Registry of Charitable Trusts

P ROBINSON

EXEMPT ORGANIZATIONS BUSINESS ENTITIES SECTION TELEPHONE (916) 8<!^5-Z779 EO : CC :JACQUES S. WHITFIELD ESO

ocii OCI VC ciiiny oiaius i^cucj | cnuiy L earcn iummarj' | (_aiiiornia hranchise Tax Board Paee 1 of

Self Serve Entity Status Letter - Entity Search Summary

The following Entity was found. Please click on the 'Generate Letter' button to produce the Entity Status Letter lor this entity.

Entity ID: 2536944

Entity Name: GATEWAY COMMUNITY CHARTERS

Address: 6712 OUOLEY BLVD MCCLELLAN, CA 95652-1034

Entity Status: ACTIVE

Exempt Status: EXEMPT

Generate Letter Back

htlps://webapp.ftb.ca.gov/eletler/Summary.aspx?EntilylD=2535944 9/27/2013

STATE OF CALIFORNIA !•.s. v FRANCHISE TAX BOARD

PO BOX 942857 SACRAMENTO CA 94257-0540" f ' j

Entity Status Letter

Date: 9/27/2013

ESLID: 3002538483

According to our records, the following entity information is true and accurate as of the date of this letter.

Entity ID: 2535944

Entity Name: GATEWAY COMMUNITY CHARTERS

1. The entity is in good standing with the Franchise Tax Board.

I I 2. The entity is not in good standing with the Franchise Tax Board.

3. The entity is currently exempt from tax under Revenue and Taxation Code (R&TC) Section 23701 d.

I I 4. We do not have current information about the entity.

The above information does not necessarily reflect: • The entity's status with any other agency of the State of California, or other government agency. • If the entity's powers, rights, and privileges were suspended or forfeited at any time in the past, or the entity

did business in California at a time when it was not qualified or not registered to do-business in California: o The status or voidability of any contracts made in California by the entity at a time when the entity was

suspended or forfeited (R&TC Sections 23304.1, 23304.5, 23305a, 23305.1). o For entities revived under R&TC Section 23305b, any time limitations on the revivor or limitation of the

functions that can be performed by the entity.

Internet and Telephone Assistance

Website: ftb.ca.gov Telephone: 800.852.5711 from within the United States

916.845.6500 from outside the United States TTY/TDD: 800.822.6268 for persons with hearing or speech impairments

FTB 4263A WEB (NEW 02-2012)

cACjiipi > rgaiiizauuni> iseieci unecK Page 1 of'

Exempt Organ izat ions Select Chec l i Exempt Oroanizaiions Selecl Check Home

Organizalions Elioible lo Receive Tax-Deductible Conlribulions (Pub. 76 data) - Search Results

The following list indudes tax-exempt organizalions that are eligible lo receive tax-deductible conlribulions. Click on the "Deductibility Status" column for an explanalion of limilalions on Ihe deductibilily of conlributions made lo different types of tax-exempt organizalions.

Resulls are sorted by EIN. To sort results by another category, click on Ihe icon next lo the column heading for that category. Clicking on lhal icon a second time will reverse Ihe sort order. Click on a column heading for an explanation of information in thai column.

1-1 o f l results Results Per Page 25 • | OK ) « Prev 11-11 Next»

E I N * Legal Name (Doing Business A s ) » .Qjly.» Slale .»Counl^^ Deduclibilily Slalus»

20-0231006 Gateway Community Charters Sacramenio CA UnitedStates PC

« Prev) 1-1 I Next» Return lo Search I

http://apps.irs.gov/app/eos/pub78Search.do?ein] =20-023 ]006&names=&city=&stale=CA... 9/27/2013

ju'cuucuoijiiy oiaius j\esujis neip Page 1 of

Deductibility Status

In general, an individual who itemizes deductions may deduct contributions to most charitable organizations up to 50% of his or her adjusted gross income computed without regard to net operating loss carrybacks. Individuals generally may deduct charitable contributions to other organizations up to 30% of their adjusted gross income (computed without regard to net operating loss carrybacks). These limitations (and organizational status) are indicated as follows:

Code Type of organization and use of contribution.

Deductibility Limitation

PC A public charity. 50%

Close

http;//apps.irs.gov/app/eos/forwardToDeductibilityHelp.do?deductibility=PC&dispatchMe... 9/27/2013

EXHIBIT B

Direct any correspondence to: LABOR COMMISSIONER, STATE OF i Department cf Industrial Relations Division of Labor Standards Enforcement 300 Oceangate, Suite 302 Long Beach, CA 90802 Tel: (562) 590-5048 Fax: (562)499-6467

LlFORNlA

I 'LAINIIFF: Falen Demsas

DEFENDANT: LIFELINE EDUCATION CHARTER SCHOOL, INC. 225 S. Santa Fe Ave. Compton, CA 90221

Slate Case Number 05 - 59503 LP NOTICE - INVESTIGATION COMPLETED

We have compleled our investigation of the complaint made by the plaintiff shown above.

This is to advise you that no further action is contemplated by tliis office and we are closing our file.

The case has been reviewed. It has been determined that the defendant Lifeline Education Charter School, Inc. is considered to be a municipal corporation therefore your wage and penalty claim is exempt from DLSE's jurisdiction under Labor Code 220(b). Your case is therefore closed and no further action will be taken by this office.

Date: 9/10/2013

Lilia Ponce 562-590-5455

Deputy Labor Commissioner

iLSE 15/Def (Rev. 1/11) Notice - Investigation Completed L.C. 98

DUiiJJicsi; oearui - Dullness x:,niiiies - tjusmess urograms Page 1 of 1

Secretary of State




• Business Search - Processing Times . Disclosure Search

Resources - Business Resources - Tax Information • Starting A Business

Customer Alerts - Business Identity Theft - Misleading Business

Solicitations

Administ rnt ion Elections Business Programs Polit ical Reform Archives Registries


Data is updated to the California Business Search on Wednesday and Saturday mornings. Results reflect vifork processed through Friday, September 20, 2013. Please refer to Processing Times for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity.

Main Page Entity Name: LIFELINE EDUCATION CHARTER SCHOOL, INC.

Service Options Entity Number: C2463080

Name Availability Date Filed; 08/01/2002

Forms, Samples & Fees Status: ACTIVE Statements of Information (annual/biennial reports) Jur isdict ion; CALIFOI^NIA

Filing Tips Entity Address: 225 SOUTH SAIVITA FE AVENUE


Entity City, Slate, Zip:

Agent for Service of Process;

COMPTON CA 90221

PAUL C. MINNEY Service of Process

FAQs

Contact Information

Agent Address:

Agent City, State, Zip:

701 UNIVERSITY AVE., STE. 150

SACRAMENTO CA 95825

* Indicates the information is not contained in the California Secretary of State's database.

• If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section for information relating to service upon corporations that have surrendered.

• For information on checking or reserving a name, refer to Name Aya ^ ^ • For information on ordering certificates, copies of documenis and/or status reports or to request a

more extensive search, refer to I.nfqrniatiqn Re • For help w/ith searching an entity name, refer to Searcli Tips.

• For descriptions of the various fields and status types, refer to F!.ej.d...p..escri£yons an^^ Definit ions.

Modify Search New Search Printer Friendly. Back to Sea rch R^

Copyright © 2013 California Secretary of State

http: //kepler. so s. ca. go v/ 9/23/2013

Dusmess searcn - rsusmess tniities - busmess Programs Page 1 of]

B u s i n e s s E n t i t y D e t a i l

Data i s updated to the California Business Search on Wednesday and Saturday mornings. Results re f l e c t work processed through Tuesday, Septeinber 24, 2013. Please refer to Processing Times for the received dates of f i l i n g s currently being processed. The data provided i s not a complete or c e r t i f i e d record of an en t i t y .

E n t i t y Name: LIFELINE EDUCATION CHARTER SCHOOL, INC.


Date F i l e d : 08/01/2002

Status: ACTIVE


E n t i t y Address: 225 SOUTH SANTA FE AVENUE

E n t i t y C i t y , State, Zip: COMPTON CA 90221

Agent f o r Service of Process: PAUL C. MINNEY

Agent Address: 701 UNIVERSITY AVE. , STE. 150

Agent C i t y , State, Zip: SACRAMENTO CA 95825

* Indicates the information is not contained i n the California Secretary of State's database.

• I f the status of the corporation i s "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 211-3 for information rel a t i n g to service upon corporations that have surrendered.

• For information on checking or reserving a name, refer to Name A v a i l a b i l i t y . • For information on ordering c e r t i f i c a t e s , copies of documents and/or status

reports or to request a more extensive search, refer to Informatior! Requests. • For help with searching an en t i t y name, refer to Search Tips. • For descriptions of the various f i e l d s and status types, refer to Field

Descriptions and Status Definitions.

Priv.TCV SLatfeiner];: I Free Pocuraen;: .'headers

Copyright © 2013 C a l i f o r n i a Secretary of State

http://kepler.sos.ca.gov/ 9/27/2013

ARTICLES OF INCORPORATION OF LIFELINE EDUCATION CHARTER SCHOOL, INC.

A California Nonprofit Public Benefit Corporation

The undersigned, acting as incorporator of a corporation under the Not for Profit Corporation Act of the State of California, adopt the following articles of incorporation for such corporation;

ARTICLE I

The name of the corporation, hereinafter referred to as the "Corporation" is Lifeline Education Charter School, Inc.

ARTICLE II

The period of duration of the Corporation is perpetual.

ARTICLE III

This Corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law exclusively for public purposes to manage, operate, guide, direct and promote Lifeline Education Charter School, Inc. and to educate students within the meaning of seciion 501(c)(3) ofthe Internal Revenue Code, orthe corresponding section of any future Uniled States internal revenue lax code. Despite any olher provision in these articles, the Corporation shall not, excepl to an insubstantial degree, engage in any activities or exercise any powers that do not further the purposes of this Corporation, and the Corporation shall not carry on any olher activities not permitted lo be carried on by (a) a corporation exempt from federal income tax under Internal Revenue Code section 501(c)(3) or the corresponding provision of any future United Stales intemal revenue law, or (b) a corporation, contributions to which are deductible under Internal Revenue Code section 170(c)(2) orthe corresponding provision of any future United States internal revenue law. The Corporation may receive and administer funds for educational purposes, within the meaning of Section 501(c)(3) of the Intemal Revenue Code of 1986 and lo that end, the Corporation is empowered to hold any property, or any undivided interest therein, without limitation as lo amouni or value; to dispose of any such property and to invest, reinvest, or deal with the principal or the income in such manner as, in the judgment of the directors, will best promote the purposes of the Corporation, without limitation, except such limilalions, if any, as may be contained in the instrument under which such property is received, these Articles of Incorporation, the By-Laws of the Corporation, or any applicable laws, lo do any other acl or thing incidental to or connected with the foregoing purposes or in advancement thereof, but not for the pecuniary profit or financial gain of its directors or officers except as pemiitted under the Not-for-Profit Corporation Law.

No part of the net earnings of the Corporation shall inure to the benefit of any member, trustee, officer of the Corporation, or any private individual, excepl that reasonable compensation may be paid for services rendered to or for the Corporation affecting one or more of its purposes, and no member, trustee, officer ofthe Corporation, or any private individual shall be entitled to share in the distribution of any of the corporate assets on dissolution of the Corporation. No substantial part of the activities of the

Corporation shall consist of lobbying or propaganda, or otherwise attempting, to influence legislation; this Corporation shall not participate or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office.

All property of the Corporation is irrevocably dedicated to the purposes set forth in Article III. No part of the net earnings of this corporation shall inure to the benefit of any of its directors, trustees, officers, private shareholders or members, or to individuals.

Upon the winding up and dissolution of the Corporation, after paying or adequately providing for the debts, obligations, and liabilities of the Corporation, the remaining assets of the Corporation shall be distributed exclusively to one or more educational organizations which has established its tax-exempt status under Section 501(c)(3) of the Internal Revenue Code and its Regulations as they now exist or as they may be hereafter amended.

ARTICLE IV

The qualifications for members and the manner of their admissions shall be regulated by the by-laws.

ARTICLE V

The name and address in this state of the corporation's initial agent for service of process in accordance with subdivision (b) of Section 6210 is Linda Rhodes-Parks, 491 Gracie Lane, Suite 101, Brentwood, CA 94513.

ARTICLE VI

The territory in which the operations of the Corporation are principally to be conducted is the state of California in the United States of America and the operations of the Corporation shall not limited to such territory.

Date: 7-3/-0 ^ ^JIUA/JI^'^ {^P) Waldo Burford.L/ncorporator

..1

SECRETARY OF STA.l. E " '

I, BILL JONES, Secretary of State of the State of California., liereby certify:

That the attached transcript of page(2) hc).j

been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct.

IN WITNESS WHEREOF, I execute this certificate and affix the Great lieal ol the State of California tliis day of

''/

Secretary of Stale

.tSpc/Slale FOMH CE-107 (IBV, G.'.ffl)

stats of California Secretary of State

I, DEBRA BOWEN, Secretary of State of the State of California, hereby certify:

That the attached transcript of page(s) was prepared by and in this office from the record on file, of which it purports to be a copy, and that it is full, true and correct.


JUH i i^. mi

DEBRA BOWEN Secretary of Slale

Sec/State Forrn CE 108 (REV 1/2007) OSPOS 99733

iixciiipi v^rgaiiJ^auuiiii oeieci » necK Page 1 ot 1

E x e m p t Organ iza t ions Select Check Exemm Oroanizaiions Selecl Check Home

Organizalions Eligible 10 Receive Tax-Deduclible Conlribulions (Pub. 78 dala) - Search Resulls

The following lisi includes lax-exempt organizalions lhal are eligible lo receive lax-deduclible conlributions. Click on Ihe "Deductibilily Slalus" column for an explanation of limilalions on Ihc deductibility of conlribulions made lo diftereni types of lax-exempt organizations.

Results are sorted by EIN. To sort resulls by anolher category, click on Ihe icon next lo the column heading for lhal category. Clicking on that icon a second lime will reverse the sort order. Click on a column heading for an explanalion of information in that column.

1-1 of 1 results Resulls Per Page 25 ' | OK j « Prev 11-1 | Next.

EIN A !:.?.9.?.l .ty.?!™. (Doing Business As) * Ciiy ^ Sjate A.Counliy A Deductibilily Slalus«

41-2064806 Lifeline Education Charter School I Inc. Compton CA UnitedStates PC

« Prev I M I Next» I Return to Search)

http://apps.irs.gov/app/eos/pub78Search.do?ein]=&names=%22Life]ine+Education%22&... 9/27/2013

jjeduciiDiJity biaius Results HeJ leJp Page 1 of:






Close

http://apps.irs.gov/app/eos/forwardToDeductibililyHelp.do?deductibi]ity=PC&dispatchMe... 9/27/2013

t i l A IE Ul- (JALII^ORNIA I FRANCHISE TAX BOARD

PC BOX 942857 SACRAMENTO CA 94257-0540


Date: 9/27/2013

ESLID: 3210180449

According lo our records, the following entity information is true and accurate as of the date of this letter.

Entity ID: 2463080

Entity Name: LIFELINE EDUCATION CHARTER SCHOOL, INC.



[ x l 3. The entity is currently exempt from tax under Revenue and Taxation Code (R&TC) Section 23701 d.


The above information does not necessarily reflect: • The entity's status with any other agency of the Sfate of California, or other government agency. • If the entity's powers, rights, and privileges were suspended or forfeited at any time in the past, or the entity

did business in California at a time when it was not qualified or not registered to do business in California: o The status or voidability of any contracts made in California by the entity at a time when the entity was






FTB 4263A WEB (NEW 02-2012)

ocji OCI VC cmiiy oiaius Lcuer | nnmy iearcn summary | uaiiiorma hranchise Tax Board Page 1 of 1


The (ollowing Entity was found. Please click on the 'Generate Letter' button to produce the Entity Status Letter (or this entity.

Entity ID: 2463080

Entity Name: LIFELINE EDUCATION CHARTER SCHOOL, INC.

Address: 225 SANTA FE AVENUE COMPTON, CA

Entity Status: REVIVED


Generate Letter Back j

hltps://webapp.fl:b.ca.gov/eletter/Summary.aspx?EntityID=2463080 9/27/2013

')irect any correspondence to: .ABOR COMMISSIONER, STATE OF CA^IFORNJA )epartmenl of Industrial Relations )ivision of Labor Standards Enforcement 300 Oceangate, Suite 302 Long Beach, CA 90802 Tel: (562)590-5048 Fax: (562) 499-6467

PLAINTIFF: Louisa Hernandez

DEFENDANT: Wilders Preparatory Academy Charter School 830 N. La Brea Ave. Inglewood, CA 90056

itate Case Number 15 - 59279 KR NOTICE - INVESTIGATION COMPLETED

We have completed our investigation of the complaint made by the plaintiff shown above.

This is to advise you that no furtiier action is contemplated by this office and we are closing our file.

The conference scheduled for August 28, 2103 is canceled and our file is being closed.

Date: 08/21/2013 Karen Ramo§^ Karen Ramos Deputy Lai 562-590-5707

or Co{Tj)iiissioner

)LSE 15/Def (Rev. 1/11) Notice - Investigation Completed L.C. 98

tsusmess iearcn - uusiness tntities - busmess Programs Page 1 of

Secretary of State




- Business Search - Processing Times - Disclosure Search

Main Page

Service Options

Name Availability

Forms, Samples 8i Fees

Statements of Information (annual/biennial reports)

Filing Tips

Information Requests {certificates, copies & status reports)

Service of Process

FAQs

Contact Information



Solicitations

Administrat ion Elections Business Programs Polit ical Reform Archives Registries


Data is updated to the California Business Search on Wednesday and Saturday mornings. Results reflect work processed through Friday, September 20, 2013. Please refer to Processina^^^^ for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity.

Entity Name: WILDER'S PREPARATOI Y ACADEMY, INC

Entity Number: C2184767

Dale Filed: 01/19/2000

Status: DISSOLVED

Jur isdict ion: CALIFORNIA

Entity Address: 830 NORTH LA BREA AVE

Entity City, Slate, Zip: INGLEWOOD CA 90302

Agent for Service of Process: RAYMOND D WILDER

Agent Address: 830 NORTH LA BREA AVE

Agent City, State, Zip: INGLEWOOD CA 90302

' Indicates the information is not contained in the California Secretary of State's database.

• If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code secdon 211^^ for information relating to service upon corporations that have surrendered.

• For information on checking or reserving a name, refer to Name Aya.i[abi[i^^^^ • For information on ordering certificates, copies of documents and/or status reports or to request a

more extensive search, refer to Informat ion Requests. • For help vvrith searching an entity name, refer to Search TiRs^

t For descriptions of the various fields and status types, refer to Fj.eJ,d..P.e,s,cr!ption Definit ions.

Mp.?!.!f.y..5.¥!.?.r.?.h. .N..?.!iy...??.i?.r.c!?. .P.r.!.!?..!-?.r...f.r.!.*.p.?'!.!y, .?.?.?..K..1:9...?.!?.?.r.?.!}...?.s.?..4l.t,?.

Privacy ..statem j .Free pqcumen^

Copyrighl © 2013 California Secretary of State


business Search - Business bm Mes - Business Programs Page 1 of 1


Data i s updated to the California Business Search on Wednesday and Saturday mornings. Results r e f l e c t work processed through Tuesday, September 24, 2013. Please refer to Processing Tiines for the received dates of f i l i n g s currently being processed. The data provided is not a complete or c e r t i f i e d record of an entity.,

E n t i t y Name: WILDER'S PREP.2iRAT0Ry ACADEMY, INC


Date F i l e d : 01/19/2000

Status: DISSOLVED

J u r i s d i c t i o n : C. iLI FORNIA

E n t i t y Address: 830 NORTH LA BREA AVE

E n t i t y C i t y , State, Zip: INGLEWOOD CA 90302

Agent f o r Service of Process: RAYMOND D WILDER

Agent Address: 830 NORTH LA BREA AVE

Agent C i t y , State, Zip: INGLEWOOD CA 90302


• I f the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section I ' l l ' l for information relating to service upon corporations that have surrendered.

• For information on checking or reserving a name, refer to Name A v a i l a b i l i f / . • For information on ordering c e r t i f i c a t e s , copies of documents and/or status

reports or to request a more extensive search, refer to Information RequesLs. • For help with searching an entity name, refer to Search Tips. • For descriptions of the various f i e l d s and status types, refer to Field


Privacy ;;t.a L&meni: I Fie'.? Documeri;; ". Mdei-s

Copyright <S 2013 Ca l i f o r n i a Secretary of State

htlp://kepler.sos.ca.gov/ 9/27/2013

CERT'IFICATE OF AM.ENDMENT OF. ARTICLES OF .[NCOjRPOR-ATJON

. . .• 0,7.39.8#2

Secretary of State •State of Califomia

vAPR - 2 2013.

/ . • • •

3tL

• .TTi.c.undCTsiuncd cerlin' .thai;

Tiiey are the Priisideni and the Secretaty of.Wilder'.'; Foundation, a Califomia . . .•. . nonprofir public beiiefit coTporaiion.

Article U, Paragi'nph One ofthe /v.ljcle.s of Tncorpor.n.tion is amended to lend as . • fbll:nvy; . .• . •. \ -V. v • • /

The Corporation is a r:oi>profii public benefit corporation and .i.<; not ' .'.OTsanized for the priviite gain of any person. Jf is organized under t)ie .

•Non-profit IHiblic Bcricfri. CoqxiraTion law ibr public and cliariiablc . • • \ \ .purposes. The specific purpose for which this coiporation is organised is •. to manage, opercue, guide, divecl and .]>romote one or niove California .

.•.'.•.publicchart«• scliooU. .-.

I h t Ibrcgoin.g an-,2ncl)neiit ofthe Article.s ol'.IncoiporaiioTi ba.s been tiiily approved by lbe board of ciireclors.

Ths co.-poration ha.s uo members.

. J .furlher declare u ldl ^ penalty ofp^irjuiy under rht iaws of .the Stale of'C-uiiifojTiiu thc\i . iJic matters set fori'}) iti fnis ccilificale aro trui: and conrfcl of.iny own bic-v.-ledgo. . .

~ sio.-\imoi'id D. Wiider. President

/ ,/ E. Jackie JofU^^.Aea eiixry

•• .<:•. ; .\. .

1 twreby ooitfy thm JliB forep.olnj transcfipt of / Doct.i\) it t full, truf: eryj ootrccJ o py e( h-i crislnsi recora in mt cuetm})- ol tht Csnfomij Socretery of Stste'i- ofitee.

. : . v/:- . . APR 2 6 .2013 • Date: • • ' ' ' ' '

DEBRA BOV 'EN, SecretTiry of StiU

SECRETARY OF STATE

I, Kevin Sfhelley, Secretary of State of the State of California, hereby certify:

That the attached transcript of page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct.

IN WITNESS WHEREOF, 1 execute this certificate and affix the Great Seal of the State of Cahfornia this day of

AUG 2 6 2003

Secretary of State ^

OEP l;3 rJ89S.'

.\RTICLES OF INCORPORATION ENDORSED - Pll t=i

WILDER'S FOUNDATION °' (A Califomia Non-Profit Public Benefit Coiporation) /^^Q £,5 003

I. KEVIN SHELLEy §»€cr ti?,ry of gteta

Tiie name of the Corporation shall be: Wilder's Foundation. ^

II.

Tlie Corporation is a non-profit public benefit corporation and is not organized for the private gain of any person. It is organized under the Non-Profit Public Benefit Corporation Law for public and charitable purposes. The specific purposes for which this Corporation is organized are to manage, operate, guide, direct and promote the Inglewood Preparatory Charter School.

The Corporation is organized and operated exclusively for educational and charitable purposes pursuajit to and within the meaning of section 501(c)(3) of the Intemal Revenue Code or the corresponding provision of any future United States Intemal Revenue Law. Notviithstanding any other provision of these articles, the Corporation shall not, except to an insubstantial degree, engage in any other activities or exycise of power that do not furihei the purposes of the Corporation. The Corporation shall not carry on any other activities not permitted to be carried on by: (a) a corporation exempt from federal income tax under section 501(c)(3) of the Intemal Revenue Code, or the corresponding section of any future federal tax code; or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Intemal Revenue Code, or the corresponding section of any future federal tax code.

III.

The name and address in the Stale of Califomia of this Corporation's initial agent foi service of process is:

Phillip Murray Spector. Middleton, Young & Minney, LLP

7 Park Center Drive Sacramento, CA 95825

rv.

All corporate property is irrevocably dedicated to the purposes set forth in the second article above. No part of the net eamings of the Corporation shall inure to the benefit of, or be distributable to any of its directors, members, trustees, officers or other private persons excepl that the Corporation shall be authorized and empowered to pay reasonable compensation for

ARTJCLES OF 1NCORPOH;TJON WILDER'S Foi 'S'DA r/av y.;c£ / or

services rendered, and to make payments and distributions in fiirtherance of the pwposes set forth in Article II.

No Jubstantial part ofthe activities ofthe Corporation shall consi.st of the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution nf statements) any political campaign on behalf of or in opposition to any candidate for public office.

Subject to the provisions of the non-profit public benefit provisions of the Non-Profit Corporation Law ofthe State of California, and any limitations in the articles or bylaws relating to action to be approved by the members or by a majority of all members, if any, the activities and affairs of this Corporation .shall be conducted and all the powers shall be exercised by or under the direction of the board of directors.

The number of directors shall be as provided for in the bylaws. The bylaws shall prescribe the qualifications, mode of election, and term of office of directors.

The authorized number and qualifications of members of the corporation, if any, the different classes of membership, the property, voting and othei rights and privileges of members, and their liability for duts and assessments and the method cf collection thereof, shall be set forth in the bylaws.

VI.

Upon the dissolution or winding up ofthe Corporation, its assets remaining afterpayment of all debts and liabilities of the Corporation, shall be distributed to a non-profit fund, foundation, or association which is organized and operated exclusively for educational, public or charitable purposes and which has established its tax exempt status under section 501(c)(3) of the Intemal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal govemment, or to a state or local govemment, for a public purpose. Any such assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes.

Dated:..<x> r... ^,.,'/...?^"^-ic'^w 'Phillip Mttfray Incorporator

AHJlCt.LS OF iNCOfWORA r/OA' WiLOEk 'S FObSDATlO^ PAGE 2 0 f 2

exempt urganizations i>eieci unecK Page 1 of

Exempt Organizations Select Check Exempi Organizaiinns SPIQCI Check Homo

Organizalions Eligible lo Receive Tax-Oeduclible Contributions (Pub. 76 data) - Scarchi Resulls. -

The following list includes lax-exempt organizalions lhal are eligible lo receive lax-deduclible conlribulions. Click on the "Deduclibilily Slatus" column (or an explanation o( limitations on the deductibility o( contributions made to ditferent types o( tax-exempt organizations.

Resulls are sorted by EIN. To sort resulls by another category, click on the icon next to the column heading for that category. Clicking on thai icon a second lime will reverse the sort order. Click on a column heading for an explanation o( information in thai column.

1-1 of 1 results Results Por Page 25 • l_OK_| , p,ev 11-1 j Next »

E|iy ^ .L.?.g.?.l..t!'.?.™. (Doing Business As)» Ciiy» Slate ^Cmniry A Deduclibilily Status j .

20-0144089 Wilder Foundation Inglewood CA UnitedStates PC

« Prev 11-11 Next« Return to Search I

hltp://apps.irs.gov/app/eos/pub78Search.do?einl=&names=%22Wilder+Foundation%22&... 9/27/2013

ueauciiDiiiry :5iaius KCSUIIS neip Fage 1 of 1


In general, an indivicJual who itemizes (deductions may cfeduct contributions to most charitable organizations up to 50% of his or her adjusted gross income computed without regard to net operating loss carrybacks. Individuals generally may deduct charitable contributions to other organizations up to 30% of their adjusted gross income (computed without regard to net operating loss carrybacks). These limitations (and organizational status) are indicated as follows:




[ Close

http://apps.irs.gov/app/eos/forwardToDeductibility Help.do?deductibility=PC&dispatchMe... 9/27/2013

STATE OF CALIFORNIA FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA 94257-0540"


Date: 9/27/2013

ESL ID: 9295626740

According to our records, the following entity information is true and accurate as ofthe date of this letter.

Entity ID: 2549287

Entity Name: WILDER'S FOUNDATION





The above information does not necessarily reflect: • The entity's status with any other agency of the State of California, or other government agency, t If the entity's powers, rights, and privileges were suspended or forfeited at any time in the past, or the entity







FTB 4263A WEB (NEW 02-2012)

ijelt Serve Hntity Status Letter | Entity Search Summary | California Franchise Tax Board Page 1 o f l

M Self Serve Entity Status Letter - Entity Search Summary

The (ollowing Entity was found. Please dick on the 'Generate Letter' button to produce the Entity Status Letter (or this entity.

Entity ID: 2549287

Entity Name: WILDER'S FOUNDATION

Address: 830 N LA BREA AVE INGLEWOOD, CA 90302-2206

Entity Status: ACTIVE

Exennpt Status: EXEMPT

I Generate Letter { Back

https://webapp.ftb.ca.gov/eletter/Summary.aspx?EntityID=2549287 9/27/2013

LABOR COMMISSIONER, STATE ^ T A L I F O R N I A Departm.ent of Industrial Relations Division of Labor Standards Enforcement 320 W. 4th Street, #450 Los Angeles, CA 90013 Tel: (213)620-6330 Fax: (213)897-4059

Plaintiff: Meredith Leigh Adams

Defendant: ALLIANCE HEALTH SERVICES ACADEMY HIGH SCHOOL, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION 12226 S. Western Ave. I,OS Angeles. CA 9QQ47 :

State Case Number: 06 - 106484 PG

NOTICE OF DISMISSAL

The above entitled matter came before the Labor Commissioner of the State of Califomia, pursuant to the provisions of Section 98 of the Califomia Labor Code, and all parties were duly served with the Notice of Hearing. The complaint is dismissed for the following reasons:

• For want of prosecution due to plaintifTs failure to attend the scheduled hearing. [Dismissed without prejudice)

(3 For want of statutory jurisdiction ofthe Califomia Labor Commissioner.

• Due to payment of the claimed amount.

• As a result of a stipulated settlement by the parties herein, a copy of which is contained in the files of the Labor Commissioner.

D As a result ofthe Plaintiff expressly abandoning his/her claim.

Q Other: Hearing scheduled for November 1, 2012 is therefore cancelled

Dated: October 30, 2012 Martha Huerta Hearing Officer

DLSE 557 (Rev.l/II) NOTICE OF DlS^ ISSAl. L.C. 98

tJusiness siearcn - business Lntities - business Programs Page 1 of ]

Secretary of State


Online Services - E-Flle Statements of


- Business Search - Processing Times - Disclosure Search

Main Page

Service Options

Name Availability

Forms, Samples & Fees

Statements of Informatior) (annuai/bienriial reports)

Filing Tips


Service of Process

FAQs

Contact Information



Solicitations

Administrat ion Elections Business Programs Polit ical Refoim Archives Registries


Data is updated to the California Business Search on Wednesday and Saturday mornings. Results reflect work processed through Tuesday, September 24, 2013. Please refer to Processing Times for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity.

Entity Name: ALLIANCE HEALTH SERVICES ACADEMY HIGH SCHOOL


Date Filed: 06/07/2007

Status: ACTIVE

Jurisdict ion: CALIFORNIA

Entity Address: 501 S FIGUEROA STREET 4TH FL

Entity City, State, Zip; LOS ANGELES CA 90017

Agent for Service of Process: JUDY BURTON

Agent Address: 601 S FIGUEROA STREET <)TH FL

Agent City, State, Zip: LOS ANGELES CA 90017


• If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section for information relating to service upon corporations that have surrendered.

• For information on checking or reserving a name, refer to Name A^

• For information on ordering certificates, copies of documents and/or status reports or to request i more extensive search, refer to In format ion Rec{uests.

• For help with searching an entity name, refer to .Sear.?.. ?...T.!.P.?.' • For descriptions of the various fields and status types, refer to £ieM..pescriptjon and Status

pef in i t ions.

.!!l.°.f!.l.fy...?i.??.r.(r.h. . '.i?.>¥,..?.?.?.r.?;!!!. .P.i!.!.n'?r' '•' "'"Y. t .s .s'"' ?! Results

.P.r.l.y.?P.Y...?. ?.*!?.'T?..?.n.?. I .f.r. : :..P.P.F.H" .e"t Readers Copyright ® 2013 California Secretar/ of State


business biearcn - business Entities - Business Programs Page 1 of 1

B u s i n e s s E n t i t y D e t a i l

Data i s updated to the California Business Search on Wednesday and Saturday mornings. Results r e f l e c t work processed through Tuesday, September- 24, 2013. Please refer to Processing Times for the received dates of f i l i n g s currently being processed. The data provided i s not a complete or c e r t i f i e d record of an en t i t y .

E n t i t y Name: ALLIANCE HEALTH SERVICES .fl.CADEMY HIGH SCHOOL

E n t i t y Nuinber: C3001891

Date F i l e d : 06/07/2007

Status: ACTIVE


E n t i t y Address: 601 S FIGUEROA STREET 4TH FL

E n t i t y C i t y , State, Zip: LOS ANGELES CA 90017

Agent f o r Service of Process: JUDY BURTON

Agent Address; 601 S FIGUEROA STREET 'JTH FL

Agent C i t y , State, Zip: LOS ANGELES CA 90017


• I f the status of the corporation i s "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 211'] for information relating to service upon corporations that have surrendered.


reports or to request a more extensive search, refer to Infcrmation Request.^. • For help with searching an en t i t y name, refer to Search Tips. • For descriptions of the various fi e l d s and status types, refer to Field

Descriptions and Statu.? Definitions.

Pirivacv Stiltemenv. I Free Docmneri'.: P.'=:;.deis

Copyright ® 2013 Ca l i f o r n i a Secretary of State


INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201

Date: MAR 0 3 2011

HEALTH SERVICES ACADEMY HIGH SCHOOL 12226 S WESTERN AVE LOS ANGELES, CA 90046

DEPARTMENT OF THE TREASURY

Employer I d e n t i f i c a t i o n Number: 94-3476912

DLN: • 17053089309020

Contact Person: SANDRA MAK IDH 95023

Contact Telephone Number: (877) 829-5500

Accounting Period Ending: June 3 0

Public Charity Statue: 170(b) (l).(A) ( i i )

Form 990 Required: Yes

Effective Date of Exemption: June 7, 2007

Contribution Deductibility; Yes

Addendum Applies: Yes

Dear Applicant:

We are pleased to Inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under. section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or g i f t s under section 2055, 2106 or 2522 of the Code. Because th i s l e t t e r could help resolve any questions regarding your exempt status, you should keep i t i n your permanent records.

Organizations exempt under section 501(c)(3) of the Code are further c l a s s i f i e d as either public charities or private foundations. We determined that you are a public charity under the Code section(s) l i s t e d i n the heading of t h i s l e t t e r .

Please see enclosed Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, f o r some helpful information about your responsibilities as an exempt organization.

Letter 947 (DO/CG)

-2-

HEALTH SERVICES ACADEMY HIGH SCHOOL

We have sent a copy of t h i s l e t t e r to your representative as indicated i n your power of attorney.

Enclosure: Ptablication 4221-PC

Sincerely,

/ Lois G. Lerner Director, Exempt Organizations

Letter 947 (DO/CG)

HEALTH SERVICES ACADEMY HIGH SCHOOL

INFORMATION FOR CHARTER SCHOOLS

YOU are not subject to the specific publishing requirements of Revenue Procedure 75-50, 1975-2 C.B., page.587, as long as you are operating under a contract with the local government. I f your method of operation changes to the extent that your charter i s terminated, cancelled, or not renewed, you w i l l be required to comply with Revenue Procedure 75-50.

Letter 947 (DO/CG)

STATE OF CALIFORNIA FRANCHISE TAX BOARD PO BOX 1286 RANCHO CORDOVA CA 95741- 1286

I n r e p l y r e f e r t o 7 5 5 : A F F J A R J

June 16, 2011

ALLIANCE HEALTH SERVICES ACADEMY HIGH SCHOOL A CALIFORNIA NON-PROFIT BEN WANG 19AQ S FIGUEROA ST LOS ANGELES CA 90007-1337

Purpose Code Section Form of Organization Accounting Period Ending Organization Number

EDUCATIONAL 25701d Corporation June 30 5001891

EXEMPT ACKNOWLEDGEMENT LETTER

We have received your federal determination l e t t e r that shows tax exemption under I n t e r n a l Revenue Code (IRC) Section 501(c)(3). Under C a l i f o r n i a law, Revenue and Taxation Code (R&TC) Section 23701d(c)(l) provides that an orga n i z a t i o n i s exempt from taxes imposed under Part 11 upon submission of the f e d e r a l determination l e t t e r approving the organization's tax-exempt status .

The e f f e c t i v e date i s 06/07/2007.

of your organization's C a l i f o r n i a tax-exempt status

To r e t a i n operating

tax-exempt s t a t u s , f o r n o n p r o f i t

the organization must be organized and purposes w i t h i n the provisions of the

sect i o n . An i n a c t i v e organization i s not e n t i t l e d to tax-above R&TC

exempt status.

In order f o r us to determine any e f f e c t on the tax-exempt organization must immediately r e p o r t to us any change i n :

status, the

* Operation * Character ^ Purpose

"'OFFICE MANAGER RECn-IVED

JUN 2 0 2011

June 16, 2011 ALLIANCE HEALTH SERVICES ACADEMY HIGH SCHOOL, A CALIFORNIA NON-PROFIT ENTITY ID : 3001891 Page 2

* Name X Address

For f i l i n g requirements, get Pub. 1068, Exempt Organizations - F i l i n g Requirements and F i l i n g Fees. Go to ftb.ca.gov and search f or 1068.

This exemption i s f o r st a t e franchise or income tax purposes only. For information regarding sales tax exemption, contact the State Board of Equalization at 800.^00.7115, or go to t h e i r website at boe.ca.gov.

A JENKINS EXEMPT ORGANIZATIONS BUSINESS ENTITIES SECTION TELEPHONE 916 . 8«i5 .- 605 FAX NUMBER 916.8A5.9029

RTF I

sen ierve tniiiy iiaius Letter | bniity ijearch blummary | UaJitbrnia franchise Tax Board Paee 1 of 1


The (ollowing Entity was found. Please click on the 'Generate Letter' button to produce the Entity Status Letter (or this entity.

Entity ID: 3001891


Address: 601 S FIGUEROA ST FLOOR LOS ANGELES, CA 90017-5704

Entity Status: REVIVED


! Generate Letter | i BacK j

htlps://webapp.flb.ca.gov/elener/Summary.aspx?EntityID=3001891 9/27/2013

^1-. \^^^

b l ATE UH CALIFORNIA FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA 94257-0546'


Date: 9/27/2013

ESLID: 8314223592

According to our records, the follow/ing entity information is true and accurate as ofthe date of this letter.

Entity ID: 3001891






The above information does not necessarily reflect: • The entity's status with any other agency of the State of California, or other government agency. • If the entity's powers, righls, and privileges were suspended or forfeited at any time in the past, or the entity







FTB 4263A WEB (NEW 02-2012)

cAcjjipi wrgaiii/iaiiuiis ot:;ieci ( iiecK Page 1 o f l

E x e m p t Organ iza t ions Select Check Exempi Oraani2aiions Sclecl Check Hnnip

Organizations Eligible to Receive Tax-Deduclible Contribulions (Pub. 78 dala). Search Results

The (ollowing lis! includes tax-exempt organizalions that are eligible lo receive lax-deduclible conlributions. Click on Ihe "Deductibility Slalus" column (or an explanation o( limitations on the deduclibilily o( conlribulions made to diflerent types o( tax-exempt organizations.

Resulls are sorted by EIN. To sort resulls by another category, click on the icon next lo the column heading for lhal category. Clicking on lhal icon a second time will reverse the sort order. Click on a column heading (or an explanation ot information in thai column.

1-1 of 1 results Results Per Page 25 • |" OK | « Prev 11-1 j Next.

EIN A Legd Name (Doing Business As )» C i ty * Slate *Coun^ ^ ^ Deductibilily Slalus *

94-3476912 Alliance Heallh Services Acacemy High School LosAngeles CA UnitedStates PC

« Prev 11-1 I Next »

I Return to Search I

htlp://apps.irs.gov/app/eos/pub78Search.do?einl=&names=%22Alliance+HeaUh%22&city... 9/27/2013

of


In general, an Intdividual who itemizes deductions may deduct contributions to most charitable organizations up to 50% of his or her adjusted gross income computed without regard to net operating loss carrybacks. Individuals generally may deduct charitable contributions to other organizations up to 30% of their adjusted gross income (computed without regard to net operating loss carrybacks). These limitations (and organizational status) are indicated as follows:




Close

http://apps.irs.gov/app/eos/forwardToDeductibi]ityHelp.do?deductibi]ity=PC&dispatchMe... 9/27/2013

LABOR COIVIiyilSSlONER, STATE C ^ A L I F O R N l A Department of Indtistria! Relations Division of Labor Standards Enforcement 464 West 41h Street, Room 348 San Bernardino, CA 92401 Tel; (909) 383-4334 Fax: (909) 383-6397

^ ^ ^ ^ ^ ^ ^ ^ ^

Plaintiff; KATHLEEN LENNING

^ ^ ^ ^ ^ ^ ^ ^ ^

Defendant: THE ACADEMY OF THE INLAND EMPIRE DBA: TAYLRON VIRTUAL ACADEMY 1184 W.2ND STREET SAN BERNAI^INO, CA 92401

Statc Cnsc Number: 09 -44621 CC NOTICE OF DISMISSAL

The above entitled niatter came before the Labor Coinmissioner of tlie Stale of California, pursuant to the provisions of Section 98 ofthe Califomia Labor Code, and all parties were duly served with the Notice of Hearing. The complaint is dismissed for the following reasons:

Q For want of pro.secution due to plaintiffs failure to attend the scheduled hearing. IDismissed witiiout prejnclicej

For want of statutory jurisdiction of the Califomia Labor Commissioner.

O Due lo payment of the claimed amount.

• As a result of a stipulated seltlemeni by the parlies herein, a copy of which is contained in the files of the Labor Commissioner.

D As a result of the Plaintiff e.xpressly abandoning his/her claim.

• Other:

Dated: October 30, 2012 R. Sweet Hearing Officer

DLSE 557 (Rev. 1/11) NOTICE or DISMISSAL LC. 9S

Business Search - Business Entities - Business Programs Page 1 of 1

:^:^.f><-^.^jts:-i.:.(,. xL.::..}j ' L U-^vA - .....;;/•:•.::.: - V.:v;;.-.4ui ' :• 1. • ' .. -V-,. •, • '• Secretary of State

Business Entities (BE}



- Business Search) - Processing Times - Disclosure Search


Customer Alerts . Business Identity Tlieft - Misleading Business

Solicitations

Administrat ion Elections Business Programs Political Reform Archives Registries


Data is updated to the California Business Search on Wednesday and Saturday mornings. Results reflect work processed through Tuesday, September 24, 2013. Please refer to Pfpcessing Jj^^g the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity.

Main Page Entity Name: THE ACADEMY OF THE INLAND EMPIRE

Service Options Entity Number: C3262406

Name Availability Date Filed: 12/02/2009 Forms, Samples & Fees

Status: ACTIVE Statements of Information (annual/biennial reports) Jurisdict ion: CAUFORNIA

Filing Tips Entity Address: 1184 W. 2ND ST., STE. 101


Entity City, Stale, Zip:

Agent for Service of Process:

SAN BERNARDINO CA 92410

WILL GRIFFIN Service of Process

FAQs

Contact Information

Agent Address:

Agent City, State, Zip;

1184 W, 2ND ST., STE. 101

SAN BERNARDINO CA 92410


• If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2 ^ ^ for information relating to service upon corporations that have surrendered.

• For Information on checking or reserving a name, refer to Name Availabil i ty.

• For information on ordering certificates, copies of documents and/or status reports or to request a more extensive search, refer to In format ion R

• For help with searching an entity name, refer to Search Tips. • For descriptions of the various fields and status types, refer to Field pescript ions and Status

P.!?.0.ni.U9.n.5.-

.y.°.?!!.fY..?.?..?.r.*r.S?. .N..?.liy...?.?.3.r.?-t!. .Pr.lP?.?'' '^'•lendly Back to Search Results

Copyright ® 2013 California Secretary of State


Business Search - Business Ei^^es - Business Programs Page 1 of 1

Bus iness E n t i t y D e t a i l

Data i s updated to the California Business Search on Wednesday and Saturday mornings. Results r e f l e c t work processed through Tuesday, September 24, 2013. Please refer to Frocessinq Tiities for the received dates of f i l i n g s currently being processed. The data provided is not a complete or c e r t i f i e d record of an ent i t y .

E n t i t y Name: THE ACADEiylY OF THE INLAND EMPIRE

E n t i t y Nuinber: C3262406

Date F i l e d : 12/02/2009

Status: ACTIVE


E n t i t y Address: 1184 W. 2ND ST , STE. 101

E n t i t y C i t y , State, Zip: SAN BERNARDINO CA 92410

Agent f o r Service of Process: WILL GRIFFIN

Agent Address: 1184 W. 2ND ST. , .STE. 101

Agent C i t y , State, Zip: SAN BERNARDINO CA 92410


• I f the status of the corporation is "Surrender," the agent for service of process i s automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered.


reports or to request a more extensive search, refer to Information Requests. • For help with searching an ent i t y name, refer to Search Tips. • For descriptions of the various fi e l d s and status types, refer to Field


Pii.vcif:y Stalieraeni: I Free Documeni: Readers

Copyright © 2013 C a l i f o r n i a Secretary of State


32b2t|Qb

ARTICLES OF INCORPORATION ENDORSED • FILED OF inlheOitlceonheSecreg ^ ^

CARDEN VIRTUAL ACADEMY OF CALIFORNIA o' laleol oamomic (A California Nonprofit Public Benefit Corporation) Q^Q (J 2009

I .

The name of the Coiporation shall be Carden Virtual Academy of Califomia.

n. The Corporation is a nonprofit public benefit corporation and is not organized for the

pi-ivate gain of any person. Jt is organized under the Nonprofit Public Benefit Corporation Law for public and charitable purposes. The specific puiposes for which this Coiporation is organized are to manage, operate, guide, direct and promote one or more Califomia public charter schools.

The Corporation is organized ajid operated exclusively for educational and charitable puiposes pursuant to and within the meaning of Section 501(c)(3) ofthe Intemal Revenue Code or tlie corresponding provision of any future United States Intemal Revenue Law. Notwithstanding any other provision of these articles, the Corporation shall not, excepl to aji insubstantial degree, ejigage in any other activities or exercise of power that do not further the puiposes of the Corporation. The Coiporation shall not carry on any other activities nol pennitted to be can'ied on by: (a) a corporation exempt from federal income tax under Section 501(c)(3) of the hitenial Revenue Code, or the coiresponding section of any future federal tax code; or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code, or the corresponding seciion of any future federal tax code.

III.

The name and address in the State of Califomia of this Corporation's initial agent for sei-vice of process is:

Paul C. Minney 701 University Ave., Ste 150

Sacramento, CA 95825

IV.

All coiporate property is irrevocably dedicated to the purposes set forth in the second article above. No part of the net eamings of the Coiporation shall inure lo the benefit of, or be distributable to any of its directors, members, trustees, officers or other private persons except that the Coqjoration shall be authorized and empowered to pay reasonable compensation for services rendered, and to make payments and distributions in furtherance of the purposes set forth in Article II.

No substantial part ofthe activities ofthe Corporation shall consist of the carrjing on of propaganda, oi' othenvise attempting to influence legislation, and the Corporation shall not

AHTICI.ES OF iNCORPOIUi TION CARDF-I'I VIRTUAL ACAorMYOF CALIFORNIA PAGE 1 or 2

participate in, or inteivene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office.

Subject to the nonprofit public benefit provisions of the Nonprofit Corporation Law of the State of Califomia, and any limitations in the articles or bylaws relating to action to be approved by the members or by a majority of all members, if any, the activities and affairs of this Coqioration shall be conducted and all the powers shall be exercised by or under the direction of the board of directors.

The number of directors shall be as provided for in the bylaws. The bylaws shall prescribe the qualifications, mode of election, and term of office of directors.

The Corporation shall have no voting members within the meaning of the Nonprofit Coiporation Law.

VI.

In rendering its functions and in fulfilling its puiposes, tlie Coiporation shall not practice or peimil unlav/ful discrimination on the basis of sex, age, race, national origin, religion, physical handicap or disability, or sexual orientation.

vn. Upon the dissolution or winding up of the Coiporation, its assets remaining afler pajonent

of all debts and liabilities ofthe Corporation, shall be distributed to a nonprofit fund, foundation, or association which is organized and operated exclusively for educational, public or charitable puiposes and which has established its tax exempt status under Section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal govemment, or to a state or local govemment, for a public purpose. Any such assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in which the principal office ofthe Corporation is then located, exclusively for such purposes or to such organization or organizations, as said court shall determine which are organized and operated exclusively for such puiposes.

Dated: Kimberly Ro^guez, l^ccfi d^orator

ARTICLES OF lNC0RPOR.i TJOrJ GARDEN VIRTUAL A CADEIAYOF CALIFORNIA PACE2OF2

fl07lU35

CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION

ENDORSED - FILED in the office of the Secretary of State

of the State of California

APR 2.0 2011

The undersigned certify that:

1. They are the President and the Secretary of Carden Virtual Academy of California, a California nonprofit public benefit corporation.

2. Article One of the Articles of Incorporation of this corporation is amended to read as follows:

The name of this coiporation is Taylion Virtual Academies of California.

3. The foregoing amendment ofthe Articles of Incorporation has been duly approved by tlie Board of Directors.

4. The cor]Joration has no members.

The undersigned further declare under penalty of perjurj' under the laws of the State of Califomia thai the matters set forth in this certificate are true and coirect of their own knowledge.

DATE: ll' I(f Kris Bratsch, President

DATE: '..-)// l/il r I

Kimberly .fitfrr/Secretaiy

CERTIFICATE OF .A MENDMENT OF ARTICLES OF INCORPOR,- TION PAGE I OF 1

I hereby ceitily !r.&l ihi; lortgoing .W':Zi'.4KA irenscrlnloi i pogei /Cc •A-tS'A transcript 01 i pogeis)

Is a full, true and corrccl copy of ihe Vj Wvii/ si V 7/ original record in the custody ol Itio \y^^X:i'/ Cnllfornis SRcretarv of State's olflcc.

Dsle:.,,

UdBRABOVA/EM, Secretary of Slale

l-\ u I J I Q J J

CERTIFICATE OF AMENDMENT OF ARTICLiES OF INCORPORATION

ENDORSED - FILPn oflheSlaieofCaliforfiia

AUG 21 2012

The undereigned certify that:

1. They are the President and the Secretary of Taylion Virtual Acadcmiea of Califomia, a California nonprofit public benefit corporation,

2, Article I of the Articles of iBcorporation of this coqsorab'on is amended to read as follows:

The namo of this corporation is The Academy ofthe Inland Empirr;.

3. The foregoing amendracnt of tho Artides of Incorporation has been duly approved by the Board of Directors,

4, The corporation has no members.

The undersigned further declare under penalty of perjury under the laws of the State of Califomia that the matters set forth in this certiScate are true and correct of their own knowledge.

DATE; ri?/, Kris Bratsch, President

DATE: 9 hjioj

I hereby certify ihaj Ihe foregoing transcript of 1 pagefs) Is a fuH. tfue and conrect copy «the original record hi the custody of the Cnlifomla SecPBtr,r\' r.f fjtale's oflice.

AUG 22 2012 Date; 1%

DEBRA BOWEN, Secretary of Stale

- 32b2iJQb

Secretary of State

I, DEBRA BOWEN, Secretary of State of the State of California, hereby certify;

That the attached transcript of ^ paaefs) is a full, true and correct copy of the original record in the custody of this office.


DEC 0 8 »

DEBRA BOWEN Secretary of State

Sec/Slate Fonn CE-109 (REV 01/20QS) li^BV Of.P OS 1135.13

Jbxempi Urganizations beiect unecK Page 1 of 1

lIRS

Exemp t Organ izat ions Select Check Exempi OrQani2alions Seleel Check Homo

Organizations Eligible to Receive Tax.Oeduclible Contributions (Pub. 78 data). Searcli Results •

The (ollowing list includes tax-exempt organizalions that are eligible to receive tax-deductible contributions. Click on the "Deductibilily Slalus" column lor an explanation o( limitations on the deductibility of conlributions made to different types of lax-excmpi organizations.

Resulls are soned by EIN. To sorl resulls by another category, click on the icon next to the column heading for that category. Clicking on that icon a second time will reverse the sort order. Click on a column heading (or an explanation of Informalion in that column.

M of 1 results Resulls Per Page 25 • | OK | « Prev j 1-11 Next»

EIN« Legal Name (Doing Business As) A Cilj; * Stale ACounlrj; A peduclibility; Status A

27-2506243 The Academy of the Inland Empire Sn Bernrdno CA United Slates PC

« Prev 11-11 Next»

I Return to Search I

http://apps.irs.gov/app/eos/pub78Search.do?einl=&names=%22The+Academy+of+the+lnl... 9/27/2013

Deductibility Status Results Hel Page 1 of:






Close

http://apps.irs.gov/app/eos/forwardToDeductibilityHelp.do?deductibility=PC&dispatchMe... 9/27/2013

^en serve bntity iiiatus Letter | Jintity Search Summary I California Franchise Tax Board Paee 1 of'


The following Entity was found. Please click on the 'Generate Letter' button to produce the Entity Status Letter for this entity.

Entity ID: 3262406

Entity Name: THE ACADEfHY OF THE INLAND EMPIRE

Address; 1184 W 2ND ST STE 101 SN BERNRDNO, CA 92410-1736

Entity Slatus: RESTORED

Exempi status: EXEMPT

Generate Letter 1 j Back |

https://webapp.ftb.ca.gov/elener/Summar}'.aspx?EntityID=3262406 9/27/2013

STATE OF CALIFORNIA r *> . ' \ FRANCHISE TAX BOARD

PO BOX 942857 SACRAMENTO CA 94257-0540


Date: 9/27/2013

ESLID: 3366502287

According to our records, the foliov/ing entity information is true and accurate as of the date of this letter.

Entity ID: 3262406

Entity Name: THE ACADEMY OF THE INLAND EMPIRE

[ x l 1. The entity is in good standing w/ith the Franchise Tax Board.


[X | 3. The entity is currently exempt from tax under Revenue and Taxation Code (R&TC) Section 23701 d.


The above information does not necessarily reflect: • The entity's status with any other agency of the State of California, or other government agency. • If the entity's powers, rights, and privileges were suspended or forfeited at any time in the past, or the entity







FTB 4263A WEB (NEW 02-2012)

STATC OF CALI-OK.N'I .A

Oi'rr.irtiin'iil ol'Intliiilrriil Jfcliiiiorii

Divi.siON or L.MiOR STANIMHOS l•; 'FOl?c :MJ•lN• 300 Occ:iiiy,in.', Sll lie 302 Uiiig Hcncji, C/A yoso2 T!;!; (.=i62) 590-50'IS I'.i.v: (502) 499-G467 Su|m'mbcr 23, 2011

Chn.stiii Picrinnn-Alloi ney 700] Uiiivci-.sir^'Avcniie suite J5() Sticrnniento C.'\. V.SiS25

ndiii'.ind C. )!ruivii, J tJt;vi;l(jN'UJ<

Rq)ly lo; ()5 . 53297 LT

RE: .leniiifti- iMricIt v. Grcun Dot Public .Schools

/ \ r t L ' j i i i o i i ;

I'ic'ii.sc rtifttr in thu riiiding.s in llu- nitnclied Dl.SK 15.

Cordinlly,

Dc'iJiirv L;il)i;f Coni^w.sioncr I

Direct any correspondence io: LABOR COMMISSIONER, STATE OF C^WIFORN-'A Department of Industrial Relations Division of Labor Standards Enforcement 300 Oceangate, Suite 302 Long Beach, CA 90802 Tel: (562) 590-5048 Fax: (562) 499-6467

PLAINTIFF: Jennifer Mack

DEFENDANT: Green Dot Public Schools 1149 S.Hill St Ste 600 Los Angeles, CA 90015

state Case Number

)5-53297 LT NOTICE - INVESTIGATION COMPLETED

We have completed our investigation ofthe complaint made by the plaintiff shown above.

This is to advise you that no further action is contemplated by this office and we are closing our file.

After a review ofthe issues claimed by our legal deparlment, is has been concluded that the benefit appears lo be sick pay and not vacation pay as is not vested as it is earned as a typical vacation policy. This is a benefit that does not fall within the jurisdicfion ofthe Labor Commissioner. Moreover, this is an issue that is not independent ofthe MOU(Meniorandum of Understanding) and requires interpretation ofthe contract. The meaning ofthe contract is the actual dispute and wc are unable to interpret the contract in this fashion as we are pre-empted under the LMRA(Labor Management Relations Act), This issue should be addressed through the employee's bargaining association. Consequently, the Labor Commissioner may nol proceed with this sick/vacation claim. Moreover , Labor Code 220(b) stating sections 200-211 do not apply to employees of municipal corporations and thus expressly denies an employee of a municipal corporation the ability lo seek 203 penalties. Green Dot Public schools would qualify as a municipal corporalioTi.

7"hc Stale Labor Commissioner does nol have jurisdiction to proceed with the vacation-sick time issue or penalties.

This claim is dismissed.

STATE l^BOR COMMISSIONER

Date: 9/23/2011 Lourdes DEPUTY LABOR COMMISSIONER

DLSE 15 (Rev. 6/98) Notice - Investigation Completed L.C. 98

Fage 1 01 1

. f i t . i i f f / . ' . ' . . / , f .

.^••>;i;LSrfy . \ v l • , • T • — : . . ; L , : a — , , . , • ^ : J : . : . ' : , . . t . : .'. ^^'-^t.^ • . \.., •• . •,. .,

Secretary of State




- Business Search - Processing Times - Disclosure Search)

Main Page

Service Options

Name Availability

Forms, Samples & Fees

Statements of Information (annual/blennlal reports)

Filing Tips


Service of Process

FAQs

Contact Information



Solicitations

Administrat ion Elections Business Programs Political Reform Archives Registries


Data Is uptiated to the California Business Search on Wednesday and Saturday mornings. Results

reflect wori< processed through Friday, September 20, 2013. Please refer to Processing Times for the

received dates of filings currently being processed. The data provided is not a complete or certified

record of an entity.

Entity Name: GI EEN DOT PUBLIC SCHOOLS


Date Filed: 06/23/1999

Status: ACTIVE

Jurisdict ion: CALIFORNIA

Entity Address: 1149 S HILL ST STE 600

Entity City, State, Zip: LOS ANGELES CA 90015

Agent for Service of Process; SABRINA AYALA

Agent Address: 1149 S HILL ST STE 600

Agent City, State, Zip: LOS ANGELES CA 90015

• Indicates the information is not contained in the California Secretary of State's database.

• If the status of the corporation is "Surrender," the agent for service of process Is automatically

revolted. Please refer to California Corporations Code .sect!.9..P....?..y.l for information relating to

service upon corporations that have surrendered.

• For information on checl<ing or reserving a name, refer to .Name Ayailab

• For information on ordering certificates, copies of documents and/or status reports or to request a

more extensive search, refer to .I.n.formation R

• For help with searching an entity name, refer to Search Tips.

• For descriptions of the various fields and status types, refer to .!:.i.?.!.?!...Descrl]y:ions Definit ions.

.!!!!.9..!.f.Y...5.?..?..r.!r.!. .N..?.yy...5.*i?.r.?.i. P.r.i.p. s.r...?.r.i.sr!.!!'Y. .?.3.(r.!5...?.9...?.!?.?..r.?.!}..B?.?.y..'.?.?.

.F.r.'.y.?.c.y...S.tat:.ement | .F.ree pocumeM

Copyright © 2013 Calirornia Secretary of State


txempi urganizations seieci unecK Page 1 of 1

•"- TRS

Exempt Organizations Select Check Exempt Oroanizaiions Select Ctiocli Home

Organizations Eligible to Receive Tax-Deductible Contributions (Pub. 78 data) - Search Resulls •

The following list includes tax-exempt organizations that are eligible to receive tax-deductible contributions. Click on the "Deductibility Status" column for an explanation of limitations on the deductibility of contributions made to ditterent types of tax-exempt organizations.

Results are sorted by EIN. To son results by anolher category, click on the icon next to the column heading for that category. Clicking on Ihat icon a second time will reverse the sort order. Click on a column heading for an explanation of information in that column.

1-1 of 1 results Results Per Page 25 ' | OK | « Prev (1-11 Next»

EIN A .'r.f.S.?.!.! ?!!?.?. (Doing Business As) t. City A Slate ACqunlry i Deductibility Status»

95-4679811 Green Dot Public Schools LosAngeles CA UnitedStates PC

« Prev 11-1 I Next» Return lo Search |

http://apps.irs.gov/app/eos/pub78Search.(jo?einl=&names=%22Green+Dot+Public+Schoo... 9/27/2013

rage i ori






Close

http://apps.irs.gov/app/eos/forwardToDeductibilityHelp.do?deductibility=PC&dispatchMe... 9/27/2013

ocji OCI VC cmny otiaius i^i;iier | cmiiy iearcn summary | uaiirorma ranc lse fax board Fage I ol 1

Self Serve Entity Status Letter - Entity Search Sunmiary

The following Entity was found. Please click on Ihe 'Generate Letter' button lo produce the Entity Status Letter for Ihis entity.

Entity ID: 2045179

Entity Name: GREEN DOT PUBLIC SCHOOLS

Address: 1149 S HILL ST# £00 LOS ANGELES, CA 9001S-2212

Entity Slalus: REVIVED

Exempi status: EXEMPT

Generate Letter J | Back |

https://webapp.ftb.ca.gov/eletter/Summary.aspx?EntityID=2045179 9/27/2013

STATE OF CALIFORNIA l".*'"-,^ FRANCHISE TAX BOARD

PO BOX 942857 SACRAMENTO CA 94257-0540


Date: 9/27/2013

ESL ID: 3742370918

According to our records, the following entity information is true and accurate as of the date of this letter.

Entity ID: 2045179

Entity Name: GREEN DOT PUBLIC SCHOOLS

• 1. The entity is in good standing with the Franchise Tax Board.

2. The entity is not in good standing wilh the Franchise Tax Board.

3. The entity is currentiy exempi from tax under Revenue and Taxation Code (R&TC) Section 23701 d.


The above information does not necessarily reflect: • The entity's status wilh any other agency of the State of California, or other governmeni agency. • If the entity's powers, righls, and privileges were suspended or forfeited at any time in the past, or the entity

did business in California at a time when it was nol qualified or not registered lo do business in California: o The slatus or voidability of any contracts made in California by the entity al a time when the entity was





916.845.6500 from outside the United States TTY/TDD: 800.822.6268 for persons wilh hearing or speech impairments

FTB 4263A WEB (NEW 02-2012)

EXHIBIT C

Get a Document - by Citation - ^ 1 Ed Code § 45040 _ Page 1 of

EDUCATION CODE Title 2. ELEMENTARY AND SECONDARY EDUCATION

Division 3. Local Administration Part 25. Employees

Chapter 4. Employment--Certificated Employees Article 5. Salaries

GO TO CALIFORNIA CODES ARCHIVE DIRECTORY

Cal Ed Code § 45040 (2013)

§ 45040. Authority to withhold part of salary for payment in August and September when annual salary not paid in 12 equal monthly payments

(a ) The governing board of a school district or charter school not paying the annual salaries of persons employed by the district or charter school in 12 equal monthly payments may withhold from each payment made to each employee an amount equal to 162/3 percent thereof.

(b ) The total of the amounts deducted from the salary of an employee during a school year shall be paid to him or her in two equal installments, one installment to be paid not later than the fifth day of August next succeeding, and one installment to be paid not later than the fifth day of September next succeeding.

(c ) If an employee leaves the service of the district or charter school by death or otherwise before receiving the moneys that may be due him or her, the amount due him or her shall be paid within 30 days to him or her or to any other person entitled to those moneys by law.

https://www.lexis.com/research/retrieve?_m=6259d61e999826397b2a8714fa0c332c&csvc... 9/27/2013

EXHIBIT D

Document Page 1 of

HAAS, PAUL > Document:

New Search Note: If you have questions about the information displayed below, please click here for a listing of Commission contacts.

Last Name: HAAS Last Known County of Employment: Note; Please verify County of Employment is current First Name: PAUL Adverse and Commission Actions Indicator: If flag displayed, click the Adverse and Commission Actions

Middle Name: SULLIVAN "° ' ^9' review Status field under the All Documents tab to view any adverse action taken.

Current Document j All Documents j Adverse and Commission Actions |

1 - 2 of 2

Document ^ Document ZN. _ C M - Issue ^ Expiration ?/i?.L"^' ^ Special . . . _ ~ . Term.— Status» _ . „ 1 —y Issue _ Grade—, _ . —. Number ^ Title ^ ^ ' Date ^ Date """ P. ^ ~ ^ Grade ^ Date

Multiple

> 110079813 Teachfig ^^'''^ 6/1/2011 6/1/2016 5/23/1986

Credential

Administrative > 110079912 Services Clear Valid 6/1/2011 6/1/2016 3/28/2003

Credential

Authorization/Subjects j

1 - 1 of 1

Added Authorization Authorization Descnption - Subject Subject Major/ ^ Authorization Code ' ^- Code ^ Description Minor " ^^^.^

This credential authorizes the holder to teach all subjects in a self-contained class and, as a self-contained classroom teacher, to team teach or to regroup students across classrooms, in grades twelve and below, including preschool, and in classes organized primarily for adults. In addition, this

R2M credential authorizes the holder to teach core GS General Subjects MAJ classes consisting of two or more subjects to the same group of students in grades five through eight, and to teach any of the core subjects he or she is teaching to a single group of students in the same grade level as the core for less than fifty percent of his or her work day.

Renewal Requirements Please disregard any # signs you may see below and refer to the "Additional Description" column to the right for specific renewal requirer

Renewal .i^ „ , . . Additional . \ Code ^ Renewal Description Descnption

To renew this credential, the holder needs to submit only an application and fee to the R20 Commission no earlier than 12 months before the expiration date. The renewal period is five

years.

Employment Restrictions No Records |

https://educator.ctc.ca.gov/esales_enuystart.swe?SWERowId=l-206-2120&SWEField=s_2... 9/27/2013

EXHIBIT E

June 1, 2012 e=>t

mi

Paul Haas 206 Hill Street Grass Valley, CA 95945

Re: Your Release from At-Will Employment with GCC

Dear Paul,

NJ

This letter is to confirnn your release from at-will employment with Gateway Community Charters (GCC) on June 1, 2012.

While no cause must be provicied due to the at-will nature of your employment with GCC, you should be advised that this decision takes into consideration the results of our recent investigation which indicated you engaged in serious misconduct, including fraud, misrepresentation, and conspiring with subordinate employees to document and approve compensation for such employees which they did not earn.

Your final paycheck will be mailed to you under separate cover. If you have questions regarding your final pay, please contact Payroll at (916) 928-5335 ext. 1016. You will also receive information under separate cover regarding your right to continue health benefits at your own cost following June 30,2012 through COBRA.

Enclosed is a booklet from the Employment Development Department regarding unemployment insurance benefits.

Please ensure that you make arrangements with me to return any and all GCC property you may have in your possession, as well as remove any pei^onol belongings you may have on campus, by scheduling an appointment through me at the number below. If you do not contact me by Friday, June 8" to schedule an appointment, we will assume that the items left behind are unwanted and may be disposed of.

If you hove any questions, please feel free to contact mie at (916) 286-5199 ext. 2065.

In ten (10) working days, a copy of this document will be placed in your personnel file and wlil become a permcinent part thereof. You have the rich response to this document Included in your personnel file.

Sincerely,

TO i"iav0 a v/iiTven

JiimjiduVhl Jeanie Jusnce HR Coordinator

9/27/13

WELLS FARGO

Stops - Images - Search®

'Print Previevi/

Image

Image Front:

P.O. B « 2«M0) « i : u ~ J ! - < r \ * « **->" / . i TMOm Sicnnxnto, CA KCU-tOU

115 Hospital Ditve S E R I E S «954«3SS Itun/bitt: OSae/2012 V0K> i tioiim FMM am tuam

Ven Wert, OH 45891 ui

i 24 GATEWAY COMWUHrrV CHARTERS

; wiuMr~r—NINETHOUSANDFIVEHUNDREDTWENTynVEAND01/100DOLLARS* A I M V ' : »'*~*9.S2S-01

TO n t PAUL S HAAS M m or 206 H l l i . STREET

GRASS VALLEY CA 9 5 9 «

Ml

Image Back:

Item Details Amount: 9,525.01 Check* : 99549339 Posting Date: 07/06/2012 As of Dale: 07/06/2012

Account Name: COUNTYSACRA Account Number: 9600060041 Routing Number: 241253823 Description: CHECK PAID Item Sequence Number: 6988024820

FVIvacv. Security & Legal ©Copyright 2002 - 2013 Wells Fargo. Ali rights reserved.

https://wellssuite.wsllsfargo.conVsps/lvuControllerServlet?EVENT_ID_TYPE=26&IVUJD=SPS 1/1

EXHIBIT F

c D i s t r i c t : 24 GATEWAY COMMTJNITY CHARTERS / Employee^aintenance QSS/OASIS Terminated 06/01/2012 SEID=2657212805 Mode: Read SSN: 569-39-2525 PAUL S HAAS 833 Sc: PO P o s i t i o n data

Next Scr: . FY: 12 FTE:0.0000 Sal: 0.00 P r j : 0.00 Rate: 0.00 P o s i t i o n - P r i Job code—Location Days

=> 1. 500162 Y PRINCIPAL I I PRIN I I SAVA 210.00 S t a r t End AO Mo/Yr Da/yr Hr/da D/W Placement E F Adv Plcmnt Adv Date 071309 060112 11.00 221.00 8.00 5 63-ADM2-06 C - -

Pet FTE E-FTE S-Yrs Ty WCal Sh Schedule c e l l amounts Ben 100.00 1.0000 1.0000 9120 86,625.00 Y Base Pay Addt'1 %Bon. %Bonus $ PD PD Amt. Longev. Degree Other 82,313,00 0.00 0.0000 0.00 0.00 0.00 0.00 0.00 0.00 T o t a l Pay Ef f - D t Pay Rate P-Schd Cy Upld-Pay Longevity Supervisor 82,313.00 070111 7,875.00 EOMllD MO 070111 00/ 0.00 T o t a l P r j Base Prj Add-Prj % - P r j PD-Prj Lon-Prj Deg-Prj Oth-Prj 82,313.00 82,313.00 0.00 0.00 0.00 0.00 0.00 0.00

Pct% Fd Resc Y Objt Ste Goal Fctn Opl Op2 100.00% 84-0000-0-13 00-140-3300-2700-999-904

Salary P r o j e c t i o n 82,313.00 82,313.00

Page 1 of 1 06/01/2012 T o t a l : 82,313.00 82,313.00 PP02PO H.fb.l7 compiled 05/08/08 Updated: 06/05/2012 by JJ24 at 14:27:09

j^SO.oo> paid ^

^ ^ , 3 ( ^ 3 - O O / - ^ \)IL\m(iy ^0 on \o\'>^V

Name:

Position:

Paul Haas

Principal II

GCC

EMPLOYEE SALARY TERMS

Terminated 6/1A2

Date of Hire:

FrE%:

July 13, 2009

100.00%

PAYROLL INFORMATION:

Beginning Date

No. of Payments

Position FTE Days Days Responsible

Base Annual Salary Adjustments:

Addt'l Bonus

Annual salary

Reduction Revised Annual Paid (July-April) Adjusted Annual

07/01/2011

1

Ending Date

Daily Rate

Monthly Salary (Balance)

06/01/2012

391.97

3,563.35

J

(78,750.00) 3,563.35

Days $ 391.97 Daily Rate + 10.0 July X 210.0 Days Responsible + 23.0 August $ 82,313.35 Annual salary + 21.0 September X 100.00% FTE% + 21.0 October $ 82,313.35 Revised Annual + 15.0 November - $ (78,750.00) Arrears + 12.0 December $ 3,563.35 + 21.0 January / 1 Number of months + 16.0 February $ 3,563.35 + 21.0 March + 16.0 April + 22.0 May $ 391.97 Daily Rate + 1.0 June X 11.0 Total days NOT Worked

199.0 Total Days $ 4,311.65 Reduction 11 Holidays + $ 82,313.35 Revised Annual

210.0 Total Days Paid $ 86,625.00 Original Annual + $ (86,625.00) Base Annual Salaiy

$ Difference

\HR\Payroll\GCC\ll-12\GCC Certificated Salary Terms - Haas, Paul 6/8/2012

Gateway Community Charters • 210 Day Work Calendar

2011-12

First Week M T W T F

Second Week M T W T F

Third Week M T W T F

Fourth Week M T W T F

Fifth Week M T W T F

July ; 1 4 5. 6 7 8 11 12 13 14 15 1 8 | 1 9 20 21 22 25 26 27 28 29 10 August 1 2 3 4 5 8 15 16 17 18 19 22 23 24 25 26 29 30 31 23 September 1 2 . 6 7 8. 9 12 13 . 14 15 16 1.9 20 21 22. 23 26 27 28 29 30 21 October 3 4 5 6 7 10 11 12 1.3 14 17 18 19 20 21 24 25 26 27 28 21 November 1 2 3 4 7 8 9 1 0 [ H M ; 14 15 16 17 ; 18 21 22 t^3i|glS|fe'^ 28 29 30 15 December 1 2 5 6 7 8' 9 12 13 14 15 16 19 20 21 22 23 fe'dll 27 28 29 15305 12 January #2^.1 3 4 5 6 9 10 11 12. 13 r.1.6', 17 18 19 20 23 24 25 26 27 30 31 21 February 1 2 3 6 7 8 9 10. 13 14 15 16 17 IZ'Oifl 21 22 23 IfeitI 27 28 29 16 March 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 ! 30 21. April 2 3 4 5 6 l9^-: 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 16 May 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 ^ 8 l | 29 30 31 22 June 111111111111111 | .4 5 6 7 8 11 12 13 14 15 1 8 | 1 9 20 21 22 25 26 27 28 29 (D

Non-Paid/Non-Work Davs: > Work Year July 18, 2011 - June 18, 2012 This calendar is for the following positions:

September 5 Labor Day July 1 - July 15, 2011 Academic & Assessment Coordinator November 11 Veterans Day November 18, 21-22, 2011 Administrative Assistant November 23-25 Thanksgiving Break December 19-23, 2011 IS Coordinator December 26 Christmas Day (observed) December 27-29, 2011 IT Coordinator December 30 New years Day (observed) February 21-23, 2012 Principal January 16 MLK Day (observed) March 30, 2012 Principal 11 February 20 Lincoln's Birthday (observed) April 2-6, 2012 Site Manager February 24 Washington's Birthday (observed) June 19-29, 2012 Vice Principal May 28 Memorial Day (observed)

taafalStudents First/Last Day -178 Instructional Days August 11, 2011 - June 1,2012

iTeacher In-Service Day. Non-student day.

Board Approved; April 5, 2011

EXHIBIT G

Cindy.Petersen

From: Sent: fo: Cc: Subject:

Cindy.Petersen Tuesday, April 17, 2012 7:37 PM Paul.Haas Sonia.Lasyone; Jeanie.Justice re mileage claims

Paul I am reviewing your last 3 months mileage claims. There are multiple consecutive days when you have documented going to two to four SAVA resource centers. This is not acceptable and not how I wish you to be spending valuable time and resources. From this email date forward I will not be approving mileage in this same amount - I would ask that you prioritize your travel between sites. I suggest that it should be sufficient to travel from your primary site (SAVA Sac) to the other sites twice a week - at most. Any more than that will need to be justified. It is not in your schools best interest for this much time to be spent traveling between sites. Thank you for your understanding.

Cindy L. Petersen, Ed.D. Superintendent/CEO Gateway Community Charters 5712 Dudley Blvd McClellan, CA 95652 916-286-5129 916-993-4114 (fax) C-KCCitLiA^g c^uctLLty scl^ooL cMoict Lkvtke greater Scicrctm.eiA,tD rtOjiov^.

Patches.Kolb

From: Cindy Petersen Sent: Wednesday, March 06, 2013 2:30 PM To: Patches.Kolb Subject: FW: second email/mileage concern

Importance: High

Cindy L. Petersen, Ed.D. Superintendent/CEO Gateway Community Charters 5712 Dudley Blvd McClellan, CA 95652 916-286-5129 916-993-4114 (fax) CrentLi^ c^utciLlty scMooL clioLce iv^tVie greater Swcrflkw.eiAto regto^v-.

From: Cindy.Petersen Sent: Tuesday, April 17, 2012 8:16 PM To: Paul.Haas Cc: Jeanie.Justice; Sonia.Lasyone Subject: second email/mileage concern Importance: High

Paul On closer review of your last quarters mileage I have multiple concerns. In my previous email I discussed my concerns with the less than best use of your time to be on 2 to 3 campuses per work day. As I reviewed your last 3 months of mileage I have many inconsistencies and inaccuracies. i.e. the mileage from Sim Center to SAVA Elk Grove is reported at 19.5 miles but mapquest states it is 12.27 the mileage from SAVA Elk Grove to SAVA Sac is reported at 19.5 but mapquest states it is 10.3

at the point that I found these disparities - I stopped my review. I will be asking Business Services to calculate the mileage between each of your sites and to review this years mileage claims for any necessary adjustments. I will be returning these 3 months worth of mileage forms to you to redo. I am concerned with the amount of errors and misreporting. I will ask Business Services to publish to you the accepted mileage between the sites so that you can accurately resubmit the mileage claims for this last quarter.

Cindy L. Petersen, Ed.D. Superintendent/CEO Gateway Community Charters 5712 Dudley Blvd McClellan, CA 95652 916-286-5129 916-993-4114 (fax) Crentt.iA,g i^uaLLty school cMoiot Ln^tkie greater snoraia<.eiAto regtokv.

EXHIBIT H

G A T ^ E I W A Y C O I V I M U N I X Y C H A R X E R S

GATEWAY COMMUNITY CHARTERS, INC

EMPLOYEE HANDBOOK

2011-2012

GCC Board approved: July 19,2011

WELCOME TO GATEWAY COMMUNITY CHARTERS

Welcome back to our returning Gateway Community Charters (GCC)

employees and an equally warm welcome to those of you who are new to the

GCC and our schools.

We are excited and pleased that you have decided to join the GCC and our

six charter schools. Our mission is focused on providing access to innovative,

quality, standards-based educational opportunities for all students. At Gateway

we believe that everyone in our organization has an important role in providing

for the educational needs of underserved children within the Sacramento region.

To view additional information about GCC, visit the GCC website at

http://www.gcccharters.org.

This booklet was designed to provide you with employee information

related to your employment with Gateway Community Charters; we appreciate

your commitment to our schools and wish you great success.

In the event you have questions and/or concerns which are not answered

in this booklet, please bring them to the attention of Human Resources at (916)

286-5160 or you may contact Jeanie Justice, HR Coordinator, directly at

ieanie.iustice(g),twinriversusd.org or by phone at (916) 286-5199 ext.2065.

These staff members will be happy to assist you.

You are joining an amazing team of teachers, principals, support staff,

volunteers and board members who are all committed to the success of students.

Thank you for your investment in our organization and we look forward to

partnering with you to make a difference in student's lives.

Welcome to Gateway Community Charters.

TABLE OF CONTENTS

A. EQUAL EMPLOYMENT OPPORTUNITY POLICY 4-5

B. NON DISCRIMINATION AND POLICY AGAINST HARASSMENT 5-7

C. AT-WILL EMPLOYMENT 7

D. RULES OF CONDUCT 7-10

E. TERMINATION OF EMPLOYMENT 10

F. COMMUNICATION AT GCC lO-l 1

G. INTERNAL COMPLAINT REVIEW POLICY 12-13

I I . UNIFORM COMPLAINT PROCEDURE 13

I . EM PLOYM ENT STATUS 13- M

I . WORK SCHEDULES 14-16

J. ArrENDANCE AND ABSENCES 16

K. YEARS OF SERVICE 17

L. OUTSIDE EMPLOYMENT 17

M. CONFLICTS OF INTEREST .'. 17-18

N. PERSONNEL RECORDS 18

0. USE OF TECHNOLOGY 18

P. WAGES, PAY AND BENEFITS 19-21

Q. LEAVE CONDITIONS/CATEGORIES (General, FMLA/CFRA/PDL, Workers Compensation etc.) 21-35

R. EXPOSURE CONTROL PLAN 35

S. EMPLOYEE CHANGE OF ASSIGNMENT 36

T. EMPLOYEE EVALUATIONS, REVIEWS, ETC 36

U. CONSISTENCY WITH CURRENT APPLICABLE LAW 36

V. ACKNOWLEDGMENT 37

GATEWAY COMMUNITY CHARTERS EMPLOYEE HANDBOOK

This Gateway Community Charters Employee Handbook ("Handbook") is intended to help employees get acquainted with Gateway Community Charters (GCC). It explains our employment guidelines and should serve as a useful reference document throughout one's employment at GCC. Employees should understand that the Handbook is not intended to be a contract (express or implied), nor is it intended to otherwise create any legally enforceable obligation on the part of GCC, the GCC Board of Directors, or employees. This Handbook supersedes and replaces all previous personnel policies, practices, and guidelines.

To obtain information regarding specific employment policies or procedures, whether or not they are referred to in this Handbook, employees should contact the GCC Chief Business Official, Jodi Retzloff or the HR Coordinator, .leanie .Justice. Because GCC is a growing and changing organization, it reserves full discretion to add, modify, or delete provisions of this handbook, or the policies and procedures in which they may be based, at any time, without advanced notice. For this reason, we urge employees to check with their site administrator to obtain current information regarding the status of any particular policy, procedure, or practice. No individual other than the Superintendent/CEO (with approval of the GCC Board of Directors) has the authority to enter into any employment agreement that modifies the policies stated. Any such employment agreement must be in writing, signed by the employee, the Superintendent/CEO and, Board President of GCC and expressly reference its intent to modify these policies.

The GCC Board of Directors wants to provide a work environment where employees feel well informed. To this end, the GCC makes available all board meetings and agendas open and available to the public. Each board meeting agenda is posted publicly on the web at our GCC website. The website address is http://vww.gcccharters.org/. Under the "Board" menu item employees can access the board agenda website and perform queries to search for specific topics or agenda items. Employees are encouraged to utilize the information provided on the website and to attend board meetings as appropriate.

This Handbook is the property of GCC. It is intended for personal use and reference by employees of GCC. Circulation of this Handbook outside GCC requires the prior written approval of the Superintendent/CEO.

Employees must sign the acknowledgment form at the back of this Handbook, tear it out, and return it to GCC Human Resources. This will provide GCC with a record that each employee has received this Handbook. Employees are required to sign an updated acknowledgement each school year.

EOUAL EMPLOYMENT OPPORTUNITY POLICY

In keeping with our commitment to the communities that we serve, GCC is an equal employment opportunity employer. GCC does not unlawfully discriminate on the basis of race, color,' religion, sex, (including pregnancy, childbirth, or related medical conditions), national origin, ancestry, age, physical disability, mental disability, medical condition, family care status, veteran status, marital status, or sexual orientation (or any other basis protected by federal, state or local law to the extent required by law).

GCC prohibits the harassment of any individual on any of the basis listed above. For information about the types of conduct that constitute harassment and GCC's internal procedures for addressing complaints of harassment, please refer below to GCC's "Nondiscrimination and Harassment Policy". The above policy applies to all areas of employment including recruitment, hiring, training, promotion, compensation, benefits, etc. It is the responsibility of every employee to conscientiously follow this policy.

NONDISCRIMINATION POLICY

The GCC Board of Directors (Governing Board) is committed to equal opportunity for all individuals. All programs and activities shall be free from discrimination on the basis of race, color, religion, sex, (including pregnancy, childbirth, or related medical conditions), national origin, ancestry, age, physical disability, mental disability, medical condition, family care status, veteran status, marital status, or sexual orientation (or any other basis protected by federal, state or local law to the extent required by law).

This policy is subscribed to in the belief that we must ensure equal treatment for all persons. Jt is a goal of this governing board to achieve and maintain a work force representative of the general population for all occupations and at all levels.

School programs and facilities, viewed in their entirety, shall be readily accessible to individuals with disabilities. The Superintendent/CEO or designee shall ensure that interested persons, including those with impaired vision and hearing, can obtain information about the programs, facilities and activities available to them.

GCC will comply with all state and federal requirements under disability law.

Any student, staff member or parent who feels that discrimination has occurred should immediately contact the teacher, principal, HR Coordinator, Chief Business Official or the Superintendent/CEO. If the concern is not resolved, a formal complaint may be initiated at GCC or by directly contacting the HR Coordinator.

POLICY AGAINST HARASSMENT

GCC strongly disapproves of and will not tolerate harassment of employees by managers, supervisors, or co-workers. Similarly, GCC will not tolerate harassment by its employees, non-employees within the school having a business, service, or professional relationship. This includes harassment based on gender, pregnancy, childbirth, or related medical conditions, as well as harassment based on such factors as race, color, religion, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sexual orientation, family care leave status, or veteran status (or any other basis protected by federal, state or local law to the extent required by law).

Harassment includes verbal, physical, and visual conduct that creates an intimidating, offensive, or hostile working environment or that interferes with work performance. Such conduct constitutes harassment when:

> Submission to the conduct is made either an explicit or implicit condition of employment;

5

> Submission to or rejection of the conduct is used as the basis for an employmenl decision; or

> The harassment interferes with an employee's work performance or creates an intimidating, hostile, or offensive work environment.

Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, or cartoons regarding an employee's sex, race, color, national origin, religion, age, physical disability, mental disability, medical condition, ancestry, marital status, sexual orientation, family care leave status, or veteran status.

Any incident of harassment, including work-related harassment by any company personnel or any other person, should be reported promptly to an administrator who is responsible for investigating the matter. GCC emphasizes that an employee is not required to complain first to an administrator if that administrator is the individual who is harassing the employee. In such a case, the employee should report the incident to any other administrator.

Every reported complaint of harassment will be investigated thoroughly, promptly, and in a confidential manner. In addition, GCC will not tolerate retaliation against an employee for cooperating in an investigation or for making a complaint to an administrator or to any other employee. In the case of school employees, if harassment is established, GCC will discipline the offender. Disciplinary action for a violation of this policy can range from verbal or written warnings up to and including immediate termination, depending on the circumstances.

SEXUAL HARASSMENT

Sexual harassment in the workplace violates provisions of the Fair Employment and Housing Act, specifically. Government Code Sections 12940(a), (h) and (i). The Governing Board prohibits unlawful sexual harassment of or by any student and by anyone in or associated with the School. Sexual harassment includes, but is not limited to, unwelcome sexual advances, request for sexual favors, and other verbal, visual or physical contact of a sexual nature made by someone from or in the work or educational setting.

Any student, staff member, or parent who feels that harassment of any kind has occurred should immediately contact the Principal, HR Coordinator, or Superintendent/CEO or designee. If a situation involving sexual harassment is not promptly remedied by the Principal, HR Coordinator, or Superintendent/CEO or designee, a complaint of harassment can be filed. This may be initiated at the school site or by directly contacting the HR Coordinator.

To File a Complaint

1. Filing a complaint: Put the complaint in writing and submit it to the Principal, HR Coordinator or Superintendent/CEO. If a complainant is unable to put a complaint in writing, GCC staff shall help him/her to file the complaint.

2. Mediation: Mediation is optional. It involves a third party to help in resolving the dispute.

3. Investigation: GCC will investigate the complaint and provide a written report of the investigation and decision within 30 days of receipt of the complaint.

4. Appeals: If the complainant is dissatisfied with the decision, he/she may file the complaint with the GCC Governing Board within five days.

5. The person filing the complaint may also pursue action in civil court. Complaints will be kept confidential.

GCC prohibits retaliation against any participant in the complaint process. Each complaint shall be investigated promptly and in a way that respects the privacy ofall parties concerned.

AT-WILL EMPLOYMENT

All employment at GCC is "at-will". At-will employees and the employer have the right to terminate employment at any time, with or without advance notice, and with or without cause. Generally, employees also may be demoted or disciplined and the terms of their employment may be altered at any time, with or without cause, at the discretion of the Superintendent/CEO and/or the GCC Board of Directors.

In cases where GCC, in its sole discretion, determines that remediation may be effective in correcting employee performance and/or conduct, GCC may suggest remediation without altering the at-will employment relationship.

GCC reserves the right to decrease or eliminate an employee's salary, hours or work year based upon, among other things, program demand, change in program direction, restructuring, budget considerations or if it is deemed to be in the best interest of the program by the employee's supervisor and/or the Superintendent/CEO.

No one other than the Superintendent/CEO (with GCC Board of Directors approval) has the authority to alter this at-will arrangement, to enter into an agreement for employment for a specified period of time, or to make any agreement contrary to this policy, and any such agreement must be in writing, must expressly state that it is changing the at-will relationship, and must be signed by the Superintendent/CEO or designee and by the affected employee.

RULES OF CONDUCT

RULES OF CONDUCT

The following conduct is prohibited and will not be tolerated by GCC. This list of prohibited conduct is illustrative only; other types of conduct that threaten security, personal safety, employee welfare and GCC operations also may be prohibited. Further, the specification of this list of conduct in no way alters the at-will employment relationship.

1. Insubordination - refusing to perform a task or duty assigned or act in accordance with instructions provided by an employee's manager or proper authority.

2. Inefficiency - including deliberate restriction of output, carelessness or unnecessary wastes of time or material, neglect of job, duties or responsibilities.

3. Unauthorized soliciting, collecting of contributions, distribution of literature, written or printed matter is strictly prohibited on GCC property by non-employees and by

4. Damaging, defacing unauthorized removal, destruction or theft of another employee's property or GCC property.

5. Fighting or instigating a fight on GCC premises. 6. Violations of the drug and alcohol policy:

• Drinking alcoholic beverages while on duty or in such close proximity thereto as to cause any detrimental effect upon the employee or upon employees associated or students

• Possessing or being under the influence of a controlled substance at work or away from work, or furnishing alcohol or a controlled substance to a minor. Possessing or being under the influence of a controlled substance while not on duty shall be cause for discipline if the conduct adversely affects the employee's ability to perform the duties or responsibilities of his/her position.

7. Using or possessing firearms, weapons or explosives of any kind on GCC premises. 8. Gambling on GCC premises. 9. Any conduct that is or contributes to an improper use or disclosure of student records or

information of any kind as defined by the Family Education Rights and Privacy Act (FERPA), state law, and GCC policies. Employee acknowledges that all student records and information are under the exclusive control of GCC, no matter where located or in what form taken. Only the GCC superintendent or designee may authorize the use or disclosure of any student records or information of any kind.

10. Tampering with or falsifying any report or record including, but not limited to, personnel, absentee, sickness or production reports or records, specifically including applications for employment and time cards.

11. Recording the clock card, when applicable, of another employee or permitting or arranging for another employee to record your clock card.

12. Use of profane, abusive or threatening language in conversations with other employees. Intimidating or interfering with other employees.

13. Excessive use of GCC business equipment (e.g., telephone, email, fax machine, etc.) to conduct personal business and/or unauthorized use of telephone lines for personal calls.

14. Conducting personal business during working hours (e.g., talking on cell phone, texting, etc.) that interrupts the business (e.g., while working with students, parents, vendors).

15. Excessive absenteeism or tardiness excused or unexcused. ] 6. Posting any notices on GCC premises without prior written approval of management,

unless posting is on a GCC bulletin board designed for employee postings. 17. Immoral or indecent conduct. 18. Conviction of a criminal act. 19. Engaging in sabotage or espionage (industrial or otherwise). 20. Violations of the sexual harassment policy. 21. Failure to report a job-related accident to the employee's manager or failure to take or

follow prescribed tests, procedures or treatment. 22. Sleeping during working hours. 23. Poor attitude (for example rudeness or lack of cooperation). 24. Failure to follow established safety regulations. 25. Violating conflict of interest rules.

8

26. Disclosing or using confidential or proprietary information without authorization. 27. Modifying GCC's standards (i.e., instructional or work performance) without

authorization or direction of a supervisor. 28. Leaving the job without authorization. 29. Any other conduct detrimental to other employees or GCC's interests or its efficient

operations.

DRESS CODE POLICY It is GCC's intent that work attire should complement our environment and reflect an efficient, orderly, and professional organization. This policy is intended to define appropriate "business attire" during normal business operations.

Each school site may have a specific dress code policy as it pertains to their daily activities, location and/or type of environment; however, there are some items and styles that are inappropriate and should not be worn at any time, which include:

> Tight and revealing clothing, low cut, see through clothing or separates that expose the midriff

> Spaghetti straps/backless clothing > Clothing printed with inappropriate slogans > Flip flops > Any clothing that is distracting to the school environment

Since styles change, it is not possible to include examples of all items that would be inappropriate. Employees are expected to exercise good judgment and discretion in their choice of attire.

OFF-DUTY CONDUCT

While GCC does not seek to interfere with the off-duty and personal conduct of its employees, certain types of off-duty conduct may interfere with GCC's legitimate business interests. For this reason, employees are expected to conduct their personal affairs in a manner that does not adversely affect GCC or its integrity, reputation, or credibility. Illegal or immoral off-duty conduct by an employee that adversely affects GCC's legitimate business interests or the employee's ability to perform his or her work will not be tolerated.

While employed by GCC, employees are expected to devote their energies to their jobs with the school. For this reason, second jobs are strongly discouraged. The following types of additional employment elsewhere are strictly prohibited:

> Additional employment that conflicts with an employee's work schedule, duties, and responsibilities at GCC.

> Additional employment that creates a conflict of interest or is incompatible with the employee's position with GCC.

> Additional employment that impairs or has a detrimental effect on the employee's work performance with GCC.

> Additional employment that requires the employee to conduct work or related activities on GCC's property during the employer's working hours or using our school's facilities and/or equipment; and

> Additional employment that directly or indirectly competes with the business or the interests of GCC.

Employees who wish to engage in additional employment that may create a real or apparent conflict of interest must submit a written request to the HR Coordinator explaining the details of the additional employment. If the additional employment is authorized by the HR Coordinator and/or Superintendent/CEO, GCC assumes no responsibility for it. GCC shall not provide worker's compensation coverage or any other benefit for injuries occurring from or arising out of additional employment. Authorization to engage in additional employment can be revoked at any time.

SOCIAL MEDIA

Social Media can be defined as the tools that allow people to connect online. Examples of social media are Facebook, My Space, You Tube, Twitter and other sites that allow you to blog or share information.

GCC discourages the use of social media for personal use during work hours; however, employees may choose to use these sites on their personal time. If an employee decides to use social media and discusses any aspect of his/her workplace activities, the following restrictions apply:

> School equipment may not be used for these purposes; > Student and employee confidentiality policies must be adhered to; > Employees must make clear that the views expressed in their blogs are their own and not

those ofthe School; > Employees may not use the School's logos, trademarks and/or copyrighted material and are

not authorized to speak on the School or GCC's behalf; > Employees are not authorized to publish or share any confidential information maintained by

the school; > Employees are prohibited from making discriminatory, defamatory, libelous or slanderous

comments when discussing the School or the GCC, the employee's supervisors, co-workers and competitors;

> Employees must comply with all GCC and school policies including but not limited to rules against sexual harassment and retaliation

Employees should be mindful of the information that they post and be aware that the information is widely available to view. Discretion should be used when posting information as employees are legally liable for anything they post to a social media site.

The GCC reserves the right to take disciplinary action against any employee whose social media activities violate this or other GCC policies.

10

TERMINATION OF EMPLOYMENT

Should it become necessary for an employee to terminate their employment with GCC, the employee is requested to notify their supervisor regarding the employee's intention as far in advance as possible. At least two weeks notice is expected whenever possible. Accrued sickness/personal paid time off is NOT paid upon termination; however, any available days may be transferable to another public school district, pursuant to receiving district policy. If the employee is participating in the medical, dental and/or vision plans, they will be sent information on rights under COBRA.

VOLUNTARY TERMINATION

GCC will consider an employee to have voluntarily terminated his or her employment if the employee does any of the following:

1. Elects to resign from GCC; 2. Fails to return from an approved leave of absence on the date specified by GCC; or 3. Fails to report for work without notice to GCC for three consecutive days.

EXIT INTERVIEW

Employees who leave GCC for any reason will be required to complete an employee checkout process. This process will include the return of all GCC property including GCC documents, keys, computer records, grade books and classroom materials (if applicable), and other tangible school property. All possible effort should be made to adequately transition job duties, projects and responsibilities in a manner that supports program sustainability. In addition, employees may be asked to participate in an exit interview. This interview is intended to permit terminating employees the opportunity to communicate their views regarding their work with GCC, including job duties, job training, job supervision, and job benefits.

COMMUNICATIONS AT GCC

OPEN DOOR POLICY

GCC has an open door policy that encourages employee participation in decisions affecting them in their daily professional responsibilities. Employees who have job related concerns or complaints are encouraged to talk them over with their supervisor or any other administrative representative with whom they feel comfortable. GCC believes that employee concerns are best addressed through this type of informal and open type of communication.

Employees are encouraged to raise their work related concerns with their immediate supervisor or with an administrator of their choice, as soon as possible after the events that caused the concern. Employees are further encouraged to pursue discussion of their work-related concerns until the matter is fully resolved. Although GCC cannot guarantee that in each instance the employee will be satisfied with the result, the school will attempt in each instance to explain the result to the employee if the employee is not satisfied. GCC will also attempt to keep all such expressions of concern, the result of its investigation, and the terms of the resolution

11

confidential. During the course of investigating or resolving the matter, however, some dissemination of information to others may be appropriate.

BOARD COMMUNICATION

It is the desire ofthe GCC Board to have open communication. To this end, board meetings are held in an open environment. Public comment may be made in writing or by submitting a Public Comment Request at any agenized board meeting. All board meeting minutes and agendas are available online at http://gatewavcc.csbaagendaonline.net.

Individual board members may be contacted using the contact information available on the web at www.gcccharters.org.

While we encourage open communication with the board, it is important to note that only communication presented to the board during a public meeting can be considered official board communication. Action taken or comments made by individual board members do not reflect GCC Board opinion or company action. One board member does not have the authority to speak for the board as a whole.

WHISTLEBLOWER POLICY

GCC is committed to lawful and ethical behavior in all of its activities and requires board members, executives, and employees who suspect illegal or other inappropriate activity by a GCC staff member or Board Member to report the activity immediately. Anyone reporting a concern must act in good faith and have reasonable grounds for believing the matter raised is a serious violation of law or policy or a material accounting or auditing matter. With the aforementioned goals in mind, no employee who, in good faith, reports a concern shall be threatened, discriminated against or otherwise subject to retaliation. If an employee wishes to make an anonymous report he/she may do so by submitting an unsigned written letter to their supervisor, Principal, HR Coordinator, or the Superintendent/CEO or designee. The individual receiving the complaint will then follow the appropriate complaint procedure.

INTERNAL COMPLAINT REVIEW POLICY

PURPOSE AND SCOPE

The purpose of this Internal Complaint Review policy is to afford all employees of GCC the opportunity to seek internal resolution of their work-related complaints. This policy is intended to supplement the open door policy set forth in this Handbook which states the philosophy of the school that all employees have free access to their immediate supervisors or to other school administrators or supervisors of their choice to informally express their work-related concerns.

PROCEDURE

Employees should file written complaints with an administrator as soon as possible after the events that give rise to the employee's work-related concerns. The written complaint should set forth in detail the basis for the employee's complaint.

12

The administrator/supervisor will date and log all written complaints and forward the employee an acknowledgment that the complaint is under review.

The administrator or his/her designee investigates the complaint, meeting separately with the employee and others who either are named in the complaint or who may have knowledge of the facts set forth in the complaint. GCC will attempt to treat all internal complaints in their investigation as confidential, recognizing, however, in the course of investigating or resolving internal complaints some dissemination of information to others may be appropriate.

Complainants or witnesses participating in the complaint process will be advised that retaliation by any person as a result of participation in the complaint process will not be tolerated.

Upon completion of the investigation, the administrator may orally or in writing, report its findings and conclusions to the employee. If the complaint is resolved to the employee's satisfaction, the terms of the resolution should be recorded and signed by both the employee and the representative of GCC.

If the employee is not satisfied with the resolution, they may wish to submit their complaint to an administrator or the GCC Board of Directors for consideration.

UNIFORM COMPLAINT PROCEDURE

Gateway Community Charters has established a Board Policy for Uniform Complaint Procedures. This policy is available to view at each site, on the GCC website, or by contacting the GCC Corporate Office at (916) 286-5129.

EMPLOYMENT STATUS

There are several categories of employees at GCC. Employment status is classified as one of the following:

1. Temporary Emplovees: Temporary employees are employees who were hired for a specific period or specific project, and are not considered regular employees. Temporary employees, typically, are not eligible to receive medical/dental/vision benefits, paid holidays or paid sick/personal time off. These employees are hired using the Special Additional Assignment Request (SAAR) form available on the GCC website.

2. Part-Time Emplovees: Part-time employees are employees who are regularly scheduled to work thirty (30) hours or less per week. These employees are typically not eligible to participate in medical/dental/vision benefits and fringe benefits.

3. Full-Time Emplovees: Regular full-time employees are employees who are regularly scheduled to work more than thirty (30) hours per week. Regular full-time employees will be eligible to receive medical and fringe benefits.

4. All Emplovees are hired into either classified or credentialed positions. The GCC Salary Schedule divides job titles and relevant information according to these tvvo categories. By definition a credentialed position requires a specific California Commission on Teacher

13

All offers of employment may be contingent upon verification of an employee's right to work in the United States, Department of Justice and Federal Bureau of Investigation fingerprint clearance, and Tuberculosis Screening test as required by Stale and Federal Law and the GCC pre-employment process. Upon receiving a conditional offer of employmenl, a candidate may be asked to provide original documents verifying his/her right to work and to sign a verification form required by Federal law. If a candidate cannot verify his/her right to work in the United States, GCC may be obligated to revoke the offer of employment.

Employees shall undergo periodic tuberculosis tests once every four years in accordance with the law. The GCC Board is concerned about the prevalence of tuberculosis in our community and may require continuing employees to undergo tuberculosis tests when warranted upon the recommendation of the local health officer. Some examples of these tests include bul are not limiled lo: physical or psychological exams and/or proof of physical or mental ability lo perform satisfactorily the assigned duties of an individual's position.

In the event that an applicant or employee tests positive for tuberculosis, his/her employment start dale will be delayed or, if already an employee, he/she will be sent home, until a negative tuberculosis screening result is oblained. Prolonged lack of proof may result in the rescission of the employmenl offer or termination of employment.

WORK SCHEDULES

GCC's regular office hours are from 7:30 a.m. lo 4:30 p.m., Monday through Friday. Employee's schedules; however, may begin or end before or afler regular office hours. Full time teachers are required to be on campus for their prep periods unless arrangements have been made wilh their immediate supervisor or the Superintendent/CEO. Teachers are required lo be on campus fifteen minuies before and afler their regular class schedule begins and ends.

1. All credentialed employees are required to participate in the following activities as part of the regular workday:

a) Teacher or administrator-scheduled parenl/sludent/teacher conferences. b) One (1) Back-to-School Night each school year. c) One (1) Open House each school year. d) One (]) or more Promotion/Graduation ceremony program(s) each school year. e) A minimum of two (2) additional evening events (e.g. school performance, school dance,

etc.). f) A minimum of one (I) off-campus or two (2) on-campus activities (not including "d"

above). g) Morning, partial lunch, after-school, student supervision/bus duty no more than equally

shared by all instructional staff h) SST's, lEP's, 504's, or olher student support meetings.

14

Employees and staff will work cooperatively to support, schedule and complete the activities outlined above. Participation in administrator or parent-initiated meetings for the purpose of student assessment is among a teacher's required duties. These meetings will be scheduled at a reasonable time (usually during or just after regular school hours).

2. Participation in staff development and teacher workdays is mandatory for all employees. An employee may be al risk for loss of pay for failing to attend.

3. School site meetings shall be held on scheduled workdays except in case of emergency. 4. Whenever possible, regular full-lime classroom instructional employees shall have a duly

free lunch period of not less than thirty minutes daily (refer to item 1(g)).

5. Credentialed and classified employees may be requested to provide input on GCC committees. Such participation is required for both salaried and non-salaried staff

6. Preparation Time. Whenever possible, full time teachers will be provided time during the instructional day in addition lo the fifteen minutes before and afler school lo plan, correct papers, prepare lessons, conference wilh parents and students, and perform other professional duties.

7. Specialists and teachers assigned al Independent Study sites must maintain flexibility in their work schedules in order to meet the needs of their students. Further schedule requirements shall be outlined in site staff handbooks and in cooperation wilh their site administrator.

8. Part and Full Time Management Related Emplovees (exempt emplovees): Management related employees serve a variety of functions including but not limiled lo tasks and responsibilities such as program coordination, fiscal services, student discipline, curriculum development and other similar job duties. There is an expectation lo put in the necessary time lo do an effective and professional job, which may require working beyond a traditional forty-hour work week.

9. Non-exempt employees: Non-exempt employees will be provided meal and break periods as required by law. Employees working al least four hours per day will be provided a 10-minute rest period. Employees working an eight-hour day will be provided two 10-minule rest periods. Employees working more than five hours in a day will also be provided an unpaid 30-minute meal period, to be taken during the workday.

10. GCC Holidavs: •New Year's Day • Martin Luther King Jr. •Lincoln's Day • Washington's Day • Memorial Day • Independence Day (for 12 monlh employees only) • Labor Day •Veterans Day • The day before Thanksgiving Day

15

• Thanksgiving Day •The day after Thanksgiving Day •The day before Christinas (non-paid non-work day) • Christmas Day • The day before New Year's Day (non-paid non-work day)

Holidays falling on a Saturday or Sunday are normally observed on the preceding Friday or the following Monday, respectively. Holidays that occur during an employee's vacation are nol to be counted as vacation days taken.

Temporary employees are nol eligible for holiday benefits. All employees are ineligible for holiday benefits that occur while on leave of absence.

ATTENDANCE AND ABSENCES

One of the basic indicators of satisfaciory job performance is regular attendance and punctuality. These are essential to job function and to the operations of GCC. Notification of tardiness or absences to work must be relayed to an employee's immediate supervisor or designee as soon as possible All appropriate forms, paperwork and procedures must also be compleled wiihin 48 hours in cases of absences and lardies.

An absence is a failure to report to work that is not due to scheduled time off, holiday, jury duty, witness duty, or an approved leave of absence as provided in this Handbook. If an employee is sick or injured and cannot come lo work, GCC needs his/her cooperation to properly cover their job. The immediate supervisor or designee must be notified of the absence and when the employee expects to return to work. In the case of classroom instructors, the Sub-Finder system should also be utilized. If the relurn dale is unknown (as in the case of an extended illness), the employee's immediate supervisor must be notified the evening before or wiihin two (2) hours of the beginning of the employee's regularly scheduled shift. If an employee is absent three (3) consecutive workdays without notification to or authorization from GCC, the school will assume that the employee has voluntarily resigned the position al the end of the third day.

If the absence is known in advance, the employee must seek formal approval from his/her immediate supervisor at least one week prior lo the absence date.

Excessive absences and failures lo report absences on time may lead to discipline, up to and including termination. Absences are considered excessive if they occur frequently or if they show a pattern.

A private conference, to discuss excessive absences or extenuating circumstances, can be scheduled by the employee or GCC at any time by contacting one of the site level administrators, HR Coordinator, Chief Business Official, or Superintendent/CEO or designee.

16

YEARS OF SERVICE

Teachers will be placed on the base salary schedule based on their years of verifiable experience in a U.S. public school; a teacher must serve 75% or more of a school year to earn a year of service placement. The maximum entry point for any teacher is 7 years of service; teachers move up a year after serving 75% or more of a school year at a GCC school.

OUTSIDE EMPLOYMENT (MOONLIGHTING)

GCC discourages employees from taking outside employment. A full-lime position at the school requires commitment to high standards and lo quality delivery of services. To this end, all employees need to seriously consider the impact lhal the work for another employer may have on his/her job performance at GCC. GCC requires lhal employees disclose any outside employment to his/her supervisor for determination if the outside employment creates a conflict of interest to GCC.

CONFLICTS OF INTEREST

Employees are expected to devote their best efforts and attention to the full time performance of their jobs. They are expected to use good judgment, lo adhere to high ethical standards, and avoid situations that create an actual or potential conflict between the employee's personal interest and the inierest of GCC. A conflict of interest exists where the employee's loyalties or actions are divided between GCC's interest and those of another, such as a competitor, supplier, etc. Both the fact and the appearance of a conflict of interest should be avoided. Employees unsure as to whether a certain transaction, activity, or relationship constitutes a conflict of interest should discuss it wilh an administrator for clarification. Any exception lo this guideline must be approved in wriiing by the HR Coordinator or the Superintendent/CEO, and must expressly stale that the transaclion, activity, or relationship does nol constitute a conflict of interest. While it is not feasible to describe all possible conflicts of interest that could develop, some of the more common conflicts, from which employees should refrain, include the following:

> Accepting personal gifts or entertainment from suppliers, or potential suppliers; > Using proprietary or confidential company informalion for personal gain or GCC's

detriment; > Using company assets or labor for personal use wilhoul the consent of their

immediate supervisor. Chief Business Official or Superinlendenl/CEO; > Any employee engaged in a personal relationship wilh another employee wilh

whom he or she shares either a direct or indirect supervisory role (the employee should promptly disclose the relationship lo GCC Human Resources so that GCC can work wilh the employees involved lo determine whether appropriate or possible to adjust reporting/working relationships or whether other changes or actions are necessary);

> Relatives working at the same site and/or under the direction of the same supervisor (although GCC avoids these situations whenever possible, the site administrator should contact GCC Human Resources when considering this possibility to request a review of the potential conflict and possible risks of the situation);

17

> Any circumstance in which the GCC employee has decision making authority that may result in personal or financial gain.

Failure to adhere to this guideline, including failure lo disclose any conflicts or to seek an exception, may result in discipline, up to and including termination of employmenl.

PERSONNEL RECORDS

The information in employee's personnel file is confidential and must be kept up to date. The employee is required to inform their site administrator as well as the GCC Human Resources Department immediately whenever there are changes in personal data such as address, lelephone number, marital status, number of dependents, and person(s) lo notify in case of an emergency.

The employee has the righl to inspect his or her personnel file at reasonable times, and al a reasonable place, and on reasonable notice. In addition, employees have the right lo request copies of all employment related documenis that they have signed. An employee may inspect only his or her personnel file and only in the presence of an administrator.

Personnel files are the property of GCC, and may not be removed from the premises without written authorization from an administrator that expressly stales the employee can remove the personnel file from the GCC premises.

USE OF TECHNOLOGY ACCEPTABLE USE POLICY

TELEPHONE AND EMAIL USE

Proper use of telephones and email systems are essential to effective school operation. These tools are for school business purposes. Personal use should be limited in frequency and length and should not be conducted when working wiih students, parents, vendors or any other lime il may interrupt GCC business. Due to the number of incoming and outgoing business calls, personal calls should be as brief as possible. Personal long distance telephone calls (i.e., anything outside the local loll area) should be made using an employee's personal calling card or personal cell phone. Personal cell phone use should be brief and limited only for emergencies during contracted work hours. Telephones, voice mail and einail systems are school equipment and privacy cannot be guaranteed.

COMPUTER NETWORK USE

The computer network technology has been created for education use and the official business of the GCC. Users may not use the syslem for commercial purposes, including offering or purchasing products or services. Users may nol use the syslem for lobbying activities, as defined under the statute prohibiting use of public funds for lobbying. All employees will be required, at the time of hire, to sign the Employee Use of Technology Staff Acceptably Use Policy which provides detailed information as to what is considered proper use of GCC technology and technology related privacy policies. To obtain a copy of this policy please contact the GCC Human Resources Department.

WAGES, PAY AND BENEFITS

PLACE AND TIME FOR PAYMENT OF WAGES

Employees are paid monthly. Paydays will typically be the lasl day of each month for part-lime and full time employees hired through position control and approximately the tenth (10'* ) of each monlh for lemporary employees and for extra assignment duties. If either of these dates falls over a weekend or holiday, paychecks will be distributed on the workday before the weekend. Employees time sheets must be filled out (if required) before paychecks will be issued (check with your site administrator or GCC Human Resources for time sheet deadlines).

Hourly employees will be paid for actual minutes worked, adjusted lo the nearest increment of fifteen (15) minutes.

The end-of-the-monlh paychecks are distributed at the employee's work site. If the employee is absent from his or her work when the paycheck is distributed, the employee may claim the paycheck when the employee returns. This will not affect employees receiving direct deposits.

The 10'' -of-lhe-month paychecks are typically mailed to the employee's residence on file, unless arrangements have been made to be picked up at the GCC Corporale Office. Direct deposit is unavailable for this payday.

OVERTIME PAY

No employee mav work overtime without the express prior written approval of his or her supervisor and prior approval of the Superintendent/CEO or designee.

To the extent required by applicable law, all non-exempt employees who work hours that constitute overtime will be paid al the applicable overtime rale. Non-exempt employees who work more than forty (40) hours in one work week will receive overtime pay at the rate of one and one-half times (1-1/2) the employee's regular hourly rale of pay for all hours worked over forty (40) hours in the work week; however, overtime is rarely allowed and must be pre-approved by the Superinlendenl/CEO or designee in wriiing.

Overtime will be computed as hours worked in excess of eight (8) hours in one day, hours worked in excess of forty (40) hours in one (1) week, and the first eight (8) hours worked on the seventh (7" ) day of a given work week and are lo be compensated at the rale of one and one-half (1-1/2) tiines the regular rate of employee's pay. Overtime for hourly employees will be paid for actual minutes worked, adjusted to the nearest increment of fifteen (15) minutes.

Only those hours that are actually worked are added together to determine the employee's overtime pay. Compensated holidays or sick/personal time, for example, are not hours worked and are therefore not counted in making overtime calculations.

EXPENSE REIMBURSEMENTS

Employees may receive reimbursement for books, materials or supply purchases pre-approved by their supervisor and the Chief Business Official or Superinlendenl/CEO. Reimbursements

19

will only be made for items considered to be acceptable use of public funds and that total $150 or less. (Items such as religious or political materials, gifts or alcohol are nol considered appropriate.) Expense reimbursements must be submitted using the approved Request for Direct Paymeni form and must be accompanied by original receipts and all appropriate documentation. Receipts can nol contain personal items purchased at the same time.

GCC will reimburse employees for use of their automobile in performing routine school related business. To be eligible for mileage reimbursement an employee must complete a Personally Owned Automobile Mileage Reiinbursement form and maintain a properly licensed and insured vehicle. Mileage reimbursements will only be processed for pre-approved school activities and must be signed by the employee's supervisor and the GCC Chief Business Official.

When attending special events or conferences an employee may be eligible to receive reimbursement for expenses for meals and travel. Travel Reimbursements must be submitted in advance ofthe travel dale using a Travel/Conference Approval & Expense Claim Form Part A and must be pre-approved by the supervisor and the Chief Business Official or Superintendent/CEO. Upon return from the approved event or conference, complete Part B of the Travel/Conference Approval & Expense Claim Form and attach all original receipts and conference schedule information.

Any personal items (e.g., vehicles, personal items in classrooms, etc.) that are lost, damaged or stolen al the work site are not covered under the GCC property and liabilily insurance and not eligible for reimbursement. Il is important for employees to understand that the GCC will not pay for the repair or replacement of personal items. To avoid theft or damage, GCC encourages employees lo never leave personal belongings in their vehicles while parked at work and to secure your personal belongings properly at all times.

All reimbursements must he submitted within 30 days ofthe date the expense was incurred. It is recommended that employees maintain a copy of all reimbursements submitted in the event that their request is lost.

PAYROLL DEDUCTIONS

Federal and Stale law requires GCC lo withhold the following taxes from your wages: 1. Federal Income Tax; 2. California Income Tax; 3. Slale Teacher's Retirement System (STRS) or Public Employee's Retirement System

(PERS) and/or Federal Insurance Conlributions Acl (PICA) (Social Security) 4. Medicare 5. State Disability Insurance (SDI)

All other garnishments or deductions require expressed written approval by the employee, except in the event of courl ordered garnishments.

MEDICAL/DENTAL/VISION BENEFITS

GCC provides the following benefits for full time employees who are eligible for benefits; medical, dental, and vision. GCC reserves the right to eliminate or modify any of its employee

20

benefits at any time. To be eligible, employees must be placed in a position on the salary schedule and exceed 30 hours of work per week for more than two consecutive months.

MEDICAL INSUl^NCE

All eligible employees and their dependents may participate in the GCC's health insurance plan, which will be distributed to each employee by the GCC Business Office.

Summary descriptions of all company benefit plans are distributed separately from this Handbook (see GCC Human Resources). In the event of a conflict between the terms contained in the plan documents and the summaries in this Handbook, the plan documenis will govern. Also, GCC retains the righl lo modify, amend, or discontinue these plans al any lime.

LEAVE CONDITIONS/CATEGORIES

GENERAL LEAVE

1. The GCC board shall provide for paid and unpaid leaves of absence in accordance with law and board policy as stated in this Handbook.

2. When employees are on extended leave (except under FMLA, CFRA, PDL) GCC does nol continue the employee's health insurance coverage. Insurance may be self-paid under COBRA provisions.

3. GCC provides all full-time employees wilh 10 annual paid sick/personal days wilh the ability to carry forward an unlimited amount of days. Part-time employees, listed in position control, will receive a prorated portion ofthe sick/personal lime. New employees receive a prorated portion of sick/personal time for the current School Year based on their hire date.

4. Sick/personal time may be used at the discretion of the employee for illness and/or personal necessity and must be approved in advance, when foreseeable. Personal necessity is defined as; dealh of a member of the immediate family, an accident involving the employees person or property, a serious illness of a member of the employees immediate family (immediate family is defined as: current spouse, child, parent, legal guardian, brother, sister, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, son-in-law or daughter-in-law), appearance in any court or before any administrative tribunal, fire, flood or olher immediate danger to the employee, personal business of a serious nature which the employee cannot disregard.

5. Leave for personal necessity may be allowed for other reasons at the discretion ofthe GCC Board or designee; However, no such leave shall be granted for purposes of personal convenience, recreation, seeking olher employment, for the extension of a holiday or vacation, or for matters which can be taken care of outside of working hours. The GCC board or designee shall have the final discretion as to whether a request reflects true personal necessity.

6. Routine medical and dental appointments shall be scheduled outside the workday. The employee shall receive prior approval from the immediate supervisor for medical or dental

21

7. Employees are allowed to use up to 20 days of their available sick time per fiscal year.

8. Employees on an approved FMLA, CFRA, and/or PDL leave of absence, requesting lo use sick lime beyond 20 days in a fiscal year, may do so during his/her approved leave. Any days requested beyond 20 will be paid at a rale which is the difference between the employee's daily rate and the daily rale ofthe substitute.

9. Should the employee exceed their allowable or available sick/personal days, any furlher days taken would result in a reduction of salary on an hourly or per diem basis.

10. The employee shall submit, on the appropriate absence form, verification of any absence. Signed absence forms must be submitted to GCC Human Resources for processing within five days of the absence.

11. In the case of an absence for more than three (3) consecutive days, a physician's statement may be required. When applicable, the employee should make every attempt to submit the physician's statement along wilh the absence form. However, the physician's statement must be submitted within two (2) weeks of the relurn from the absence. If a physician's statement is not submitted within (2) weeks, it will result in a reduction of salary on a per diem basis.

12. Employees returning to work from extended illness, including surgery or injury may be required to present a doctor's release prior to returning to duty.

13. For non-exempt employees, time deducted shall be in hourly increments. Exempt employees will be deducted based on half or full day absences, as appropriate.

14. Abuse or misuse of an employee's leave privilege will nol be permitted.

15. The GCC does not accept any transfers in of sick or leave time from an employee's prior employer. Whenever an employee separates from the GCC, the GCC works with requesting district lo transfer available sick/personal days whenever the accepting institution has policies allowing for such.

SICK/PERSONAL TIME DONATIONS

The sick/personal time donation policy is designed to assist employees with a catastrophic illness/injury or who need time off to care for an immediate family member with a catastrophic illness/injury.

A catastrophic illness/injury is defined as an illness/or injury that exceeds 20 consecutive days and is considered by a physician or certified medical practitioner to be life threatening or terminal (excluded are medical conditions resulting from worker's compensation or self-inflicted injuries or injuries that may have occurred during the course of committing a criminal act).

22

Immediate family is defined as: current spouse, child, parent, legal guardian, brother, sister, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, son-in-law or daughter-in-law

Donations are strictly voluntary and no employee shall be subject to intimidation, retaliation, harassment or disparate treatment for participating or not participating in the donation of sick time.

Recipients

To be eligible to receive donated time, the recipient must meet the following requirements: • Have worked for GCC for at least one year in a position listed in position control (hourly

or lemporary employees do not qualify) • Have a catastrophic illness/injury or need time off to care for an immediate family

member with a catastrophic illness/injury • Provide proof of the catastrophic illness or injury from a physician or certified medical

practitioner. • Have exhausted all available sick/personal time

Recipients may nol receive more sick days than the amount of sick time projected for the covered condition, as evidenced by the medical documentation.

Donors

To be eligible to donate time to anolher employee, the donor must meet the following requirements:

• Have worked for GCC for al least one year • Have a minimum sick/personal balance of twenty (20) days, prior to the donation

Donations must be in whole day increments and may nol donate more than len (10) days in one fiscal year.

All requests to donate time are irrevocable.

Nole: The act of soliciting and/or accepting compensation or anything of value in return for donating sick time is strictly prohibiied.

Process

1. Employee must request donated time using the "Request to Receive Donations Form," available on the GCC website. The request must be sent to GCC Human Resources for review

2. Human Resources will verify the eligibility of the recipient (if proper medical documentation is not received, the request for donations may be denied)

3. I f eligible, a request lo donate time will be sent to employees 4. Employees who choose to donate time must complete the "Donor Form," available on the

GCC websiie, and submil i l to Human Resources.

23

5. Human Resources will verify the eligibility of donors 6. The recipient will be notified ofthe total amouni of sick days donated. 7. Sick days donated will be applied to the employee's unpaid lime off Unused donated sick

time is irrevocable and shall remain in the recipient's sick time balance. 8. If the request for donated time is denied, the employee may request a review by the

Superintendent/CEO in conjunction with the Executive Committee.

INDUSTRIAL INJURY LEAVE (WORKER'S COMPENSATION)

GCC, in accordance with state law, provides insurance coverage for employees in case of work-related injury. The workers' compensation benefits provided to injured employees may include, if applicable: medical care, cash benefits (tax free), replacement of lost wages, and vocational rehabilitation.

To ensure lhal the employee receives all workers' compensation benefits, lo which he or she may be entitled, you will need to:

1. Immediately report ANY work-related injury to your supervisor and call 877-263-9904. To expedite the response time please provide the following:

a. School Name: Gateway Community Charters b. Accouni nuinber: 002023

2. Wiihin 24 hours, the employee completes the Employee Injury/Incident Investigation Report and forwards it lo the GCC Human Resources Deparlment. i f the employee is unable lo report the injury, the employee's supervisor should complele, and submit, the form. Forms are available on the GCC Websiie or by calling 877-263-9904.

3. Follow all instructions received from the Loss Reporting hot line 877-263-9904, and the Gallagher Basset claims adjuster you are assigned.

4. Provide GCC Human Resources with the medical certification from your healthcare provider regarding the need for workers' compensation disability leave and your ability to relurn to work from the leave. Also submit any follow-up medical appointment or physical therapy appointment verification forms to Human Resources

Time off for a worker's compensation illness or injury (including doctor appointments, physical therapy or lime off work due to the injury/illness) is considered unpaid time off, unless the employee chooses to use his/her sick/personal time during the absence(s). To request to use sick/personal lime, the employee must complele and submil an Employee Absence Form, available on the GCC website.

Under most circumstances, upon submission of a medical certification that an employee is able to return lo work from workers' compensation leave, the employee will be reinstated to his/her same position held al the time the leave began or lo an equivalent position if available.

If, afler returning from workers' compensation disability leave, an employee is unable to perforin the essential functions of his or her job because of a disability, GCC's obligations to the employee may include reasonable accommodation, as governed by applicable disability law.

24

Employees who are injured in a work-related incident will be referred lo a physician designated by Gallagher Basset claims manager for medical treatment, unless prior to a work-related injury, GCC has received from the employee written notice that the employee wishes lo be treated by his or her own physician. The GCC Worker's Compensation provider will provide a form and work wilh the employee's physician to determine if they will accept worlcer's compensation patients.

Employees who do not designate their own physician will be treated by Gallagher Basset designated physician for work-related injuries for at least thirty (30) days. Employees may seek treatment from their own physician afler thirty (30) days should they so desire, provided that the physician elected will in fact treat for work related/occupational injuries.

The law requires that GCC notify the workers' compensation insurance company of any concerns of false or fraudulent claims. Any person who makes or causes lo be made any knowingly false or fraudulent maierial statement or material misrepresentation for the purpose of obtaining or denying workers' compensation benefits or payments is guilty of a felony. A violation of this law is punishable by imprisonment for one (1) to five (5) years or by a fine nol exceeding $50,000 or double the value of the fraud, whichever is greater, or both. Additional civil penalties may also be in order.

FAMILY CARE AND MEDICAL LEAVE

This policy explains how GCC complies with the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), both of which require GCC to permit each eligible employee to take up to twelve (12) workweeks of leave in any twelve (12) month period for the birth or adoption of a child (under CFRA, for purposes of bonding only), the employee's own serious illness or to care for certain family members who have a serious illness. Except when coordinated wilh Pregnancy Disability Leave, FMLA and CFRA leave time runs concurrently.

Criteria for FMLA/CFRA Leave

To be eligible for FMLA/CFRA leave, the employee must have been employed by GCC for the last twelve (12) months and must have worked al least 1,250 hours during the twelve (12) month period immedialely preceding commencement of the FMLA/CFRA leave.

Events That May Entitle and Employee to FMLA/CFRA Leave

The twelve (12) week FMLA/CFRA allowance includes any time taken (with or without pay) for any of the following reasons:

1. To bond wilh the employee's newborn child or a child placed with the employee for adoption or foster care. Leaves for this purpose must conclude within twelve (12) months immediately after the birth, adoption, or placement. If both parents are employed by GCC, they will be entitled to a combined total of twelve (12) weeks of leave for this purpose.

25

2. Because of the employee's own serious health condition* (including a serious health condition resulting from an on-the-job illness or injury) that makes the employee unable to perform any one or more ofthe essential functions of his or her job (employees that have a disability caused by pregnancy, childbirth, or a related medical condition will be covered by GCC's separate pregnancy disability policy, which runs concurrently wilh FMLA, but not CFRA).

3. To care for a spouse, child or parent with a serious health condition* (and under CFRA only, a registered domestic partner or registered domestic partner's child).

4. For the spouse, child, parent or next of kin to care for a "covered service member" (under FMLA only). A "covered service member" is a member of the Armed Forces (including National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient slalus or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty.

5. For the spouse, parent or child of an active duty service member who is taking part in a "contingency operation" because of any "qualifying exigency" (under FMLA only). A "contingency operation" is defined as a military operation against an enemy of the United States or against an opposing military force or that results in the call or order to, or retention of, active duly of members of the uniformed services during a war or national emergency declared by the President or Congress.

*A "serious heallh condition" is an illness, injury, impairment, or physical or mental condition that involves:

a. Inpatient care (i.e., an overnight slay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection wilh such inpatient care; or

b. Continuing treatment by a health care provider.

Amount of FMLA/CFRA Leave Which May he Taken

1. FMLA/CFRA leave can be taken in one (1) or more periods, but may not exceed twelve (12) or a total of twelve (12) workweeks for any purpose in any twelve (12) month period, as described below, for any one (1), or combination of the above-described situations. "Twelve (12) workweeks" means the equivalent of twelve (12) of the employee's normally scheduled workweeks. For a full-lime employee who works five (5) eight (8) hour days per week, "twelve (12) workweeks" means sixty (60) working and/or paid eight (8) hour days.

2. The "Twelve (12) month period" in which twelve (12) weeks of FMLA/CFRA leave may be taken is the 12 month period immediately following the date an employee's first FMLA/CFRA leave begins.

3. If a holiday falls wiihin a week taken as FMLA/CFRA leave, the week is nevertheless counted as a week of FMLA/CFRA leave. If, however, GCC's business activity has temporarily ceased for some reason and employees are generally not expected to report for work for one or more weeks, such as the Winter Break, Spring Break, or Summer Vacation,

26

4. If FMLA leave is taken to care for a "covered servicemember" an eligible employee may take up to 26 work weeks of leave in a 12 month period to care for that servicemember. This does not apply for FMLA leave taken for "qualifying exigency."

Pay During FMLA/CFRA Leave

1. All FMLA/CFRA leaves are unpaid leaves.

2. An employee on FMLA/CFRA leave because of his or her own serious heallh condition, for baby bonding, or to care for a spouse, parent, child or registered domestic partner wilh a serious health condition may use any or all accrued sickness/personal paid leave al the beginning of any otherwise unpaid FMLA/CFRA leave period.

3. The receipt of sick/personal leave pay or Stale Disability Insurance benefits will not extend the length ofthe FMLA/CFRA leave.

4. Sick/personal leave pay accrues during any period of unpaid FMLA/CFRA leave only until the end ofthe month in which unpaid leave began.

Health Benefits During FMLA/CFRA Leave

The provisions of GCC's various employee benefit plans govern continuing eligibility during FMLA/CFRA leave, and these provisions may change from time to lime. The employer portion of heallh benefits of employees on FMLA/CFRA leave will be paid by GCC during the leave at the same level and under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.

Il is the employee's responsibility to pay the employee portion of benefit premiums during his/her leave of absence. When a request for FMLA/CFRA leave is granted, GCC will give the employee written confirmation of the arrangement options for the payment of insurance premiums during the leave period.

GCC may recover the heallh benefit costs paid on behalf of an employee during his or her FMLA/CFRA leave i f

1. The employee fails to return from leave afler the period of leave to which the employee is entitled has expired. An employee is deemed to have "failed to relurn from leave" if he or she works less than thirty (30) days after returning from FMLA/CFRA leave; and

2. The employee's failure to relurn from leave is for a reason olher than the continuation, recurrence, or onset of a serious health condition lhal entitles the employee to FMLA/CFRA leave, or olher circumsiances beyond the control of the employee.

27

Seniority After FMLA/CFRA Leave

An employee on FMLA/CFRA leave remains an employee and the leave will not constitute a break in service. An employee who returns from FMLA/CFRA leave will relurn with the same seniority he or she had when the leave commenced.

Medical Certifications for FMLA/CFRA Leave

1. An employee requesting FMLA/CFRA leave because of his or her own or a relative's serious health condition must provide medical certification from the appropriate health care provider. Failure to provide the required certification in a timely manner (within fifteen (15) days of the leave request) may result in denial of the leave request until such certification is provided.

2. I f GCC has reason to doubt the medical certification supporting a leave because of the employee's own serious health condition, GCC may request a second opinion by a heallh care provider of its choice (paid for by GCC). I f the second opinion differs from the first one, GCC will pay for a third, mutually agreeable, health care provider to provide a final and binding opinion.

3. Re-certifications are required if leave is sought afler expiration of the time estimated by the health care provider. Failure to submit required re-certifications could result in termination of the leave.

Procedure for Requesting and Scheduling FMLA/CFRA Leave

1. An employee should request FMLA/CFRA leave by completing the required Leave Request form, which can be obtained from their immediate supervisor or GCC's website, and submitting it to the HR Coordinator. An employee submitting a Leave Request Form will be given a copy of GCC's then-current FMLA/CFRA leave policy. Employees are required lo submil whether or nol they intend to relurn to work in the same employment capacity after their leave. A monthly update of employee's curreni slatus and intent is also required.

2. Employees should provide nol less than thirty (30) days notice or such shorter notice as is practicable, for foreseeable childbirth, placement, or any planned medical treatment for the employee or his/her spouse, child, or parent. Failure lo provide such notice is grounds for denial of a leave request, except i f the need for FMLA/CFRA leave was an emergency or was otherwise unforeseeable.

3. Where possible, employees must make a reasonable effort to schedule foreseeable planned medical treatments so as not to unduly disrupt GCC's operations.

4. I f FMLA/CFRA leave is taken because of the employee's own serious health condition or the serious health condition of the employee's spouse, parent or child, the leave may be taken intermittently or on a reduced leave schedule when medically necessary as determined by the health care provider ofthe person wilh the serious health condition.

5. I f FMLA/CFRA lea ve is taken because of the birth of the employee's child or the placement of a child wilh the employee for adoption or foster care, the minimum duration of leave is

28

6. If an employee needs intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment for the employee or a family member, the employee may be transferred temporarily lo an available alternative position for which he or she is qualified that has equivalent pay and benefits and that belter accommodates recurring periods of leave than the employee's regular position.

7. In most cases, GCC will respond to a FMLA/CFRA leave request wiihin two days of acquiring knowledge that the leave is being taken for an FMLA/CFRA-qualifying reason and, in any event, wiihin five (5) business days of receiving the request. If an FMLA/CFRA leave request is granted, GCC will notify the employee in writing that the leave will be counted against the employee's FMLA/CFRA leave entitlement. This notice will explain the employee's obligations and the consequences of failing to satisfy them.

Return to Work After FMLA/CFRA Leave.

1. Upon timely relurn at the expiration of the FMLA/CFRA leave period, an employee (olher than a "key" employee whose reinstatement would cause serious and grievous economic injury to GCC's operations) is entitled to the same or a comparable position with the same or similar duties and virtually identical pay, benefits, and olher terms and conditions of employment unless the same position and any comparable posilion(s) have ceased to exist because of legitimate business reasons unrelated to the employee's FMLA/CFRA leave.

2. When a request for FMLA/CFRA leave is granted to an employee (olher than a "key" employee), GCC will give the employee a written notice of reinstatement at the lermination ofthe leave (with the limilations explained above).

3. Before an employee will be permitted to relurn from FMLA/CFRA leave taken because of his or her own serious health condition, the employee must obtain a certification from his or her health care provider that he or she is able lo resume work.

4. If an employee can return to work wilh limilations, GCC will evaluate those limitations and, if possible, will accommodate the employee as required by law. If accommodation cannot be made, the employee will be medically separated from GCC.

Limitations on Reinstatement After FMLA/CFRA Leave

GCC may refuse to reinstate a "key" employee if the refusal is necessary lo prevent substantial and grievous economic injury to GCC's operations. A "key" employee is an exempt salaried employee who is among the highest paid 10% of GCC's employees wiihin 75 miles of the employee's worksite.

A "key" employee will be advised in writing at the time of a request for, or if earlier, al the time of commencement of FMLA/CFRA leave, that he/she qualifies as a "key" employee and the potential consequences with respect to reinstatement and maintenance of health benefits if GCC determines that substantial and grievous economic injury to GCC's operations will result if the

29

employee is reinstated from FMLA/CFRA leave. At the time it determines that refusal is necessary, GCC will notify the "key" employee in writing (by certified mail) of its intent to refuse reinstatement and will explain the basis for finding that the employee's reinstatement would cause GCC to suffer substantial and grievous economic injury. I f GCC realizes after the leave has commenced that refusal of reinstatement is necessary, il will give the employee at least ten (10) days to relurn to work following the notice of its intent lo refuse reinstatement.

Employment During FMLA/CFRA Leave

An employee on FMLA/CFRA leave may not accept employment with any other employer without GCC's written permission. An employee who accepts such employment will be deemed to have resigned from employment al GCC.

PREGNANCY DISABILITY LEAVE (PDL)

This policy explains how GCC complies with the California Pregnancy Disability Acl, which requires GCC lo give each female employee an unpaid leave of absence of up to four (4) months, as needed, for the period(s) of time a woman is actually disabled by pregnancy, childbirth, or related medical conditions.

Employee Eligihility Criteria for PDL

To be eligible for PDL, the employee must be disabled by pregnancy, childbirth, or a related medical condition and must provide appropriate medical certification concerning the disability.

Events That May Entitle an Employee to PDL

The four (4) month PDL allowance includes any time taken (with or without pay) for any of the following reasons:

1. The employee is unable to work at all or is unable lo perform any one or more of the essential functions of her job or without undue risk to herself, the successful completion of her pregnancy, or to olher persons because of pregnancy or childbirth, or because of any medically recognized physical or mental condition that is related lo pregnancy or childbirth (including severe morning sickness): or

2. The employee needs to take lime off for prenatal care.

Duration of PDL

PDL may be taken in one or more periods, but nol to exceed four months total. "Four months" means the number of days the employee would normally work wiihin four months. For a full-time employee who works five eight hour days per week, four months means 88 working and/or paid eight hour days of leave entitlement based on an average of 22 working days per month for four months.

If a holiday falls within a week taken as PDL, the week is nevertheless counted as a week of PDL. If, however, the employer's business activity has temporarily ceased for some reason and

30

employees are generally not expected lo report for work for one or more weeks, such as the Winter Holiday Break, Spring Break, or Summer Vacation, the days GCC's activities have ceased do not count against the employee's PDL entitlement.

PDL runs concurrent with FMLA, bul nol CFRA.

The California Family Rights Act (CFRA) specifically excludes pregnancy-related disability from the "serious health conditions" for which employers are obligaled to provide family and medical leave. The CFRA provisions are separate and distinct from the pregnancy provisions of the Fair Employmenl and Housing Acl (FEHA), which gives employees the right lo take up lo 4 months off if disabled on accouni of pregnancy, childbirth or related medical condition. Therefore, a pregnant employee may be able to take a total of 4 months of PDL plus 12 weeks of CFRA leave in a 12 month period.

Pay During PDL

1. An employee on PDL may use any or all accrued paid sick/personal leave time at the beginning of the leave. The remainder of the PDL is unpaid.

2. The receipt of leave pay or disability insurance benefits will not extend the length of PDL.

3. Leave pay accrues during any period of unpaid PDL only until the end of the month in which the unpaid leave began.

Health Benefits During PDL

The provisions of GCC's various employee benefit plans govern continued eligibility during PDL and these provisions may change from time to lime. The employer portion of heallh benefits of employees on PDL leave will be paid by GCC during the leave at the same level and under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.

It is the employee's responsibility to pay the employee portion of benefit premiums during his/her leave of absence. When a request for PDL is granted, GCC will give the employee written confirmation of the arrangement options for the payment of insurance premiums during the leave period.

Seniority During PDL

An employee on PDL remains an employee of GCC and a leave will not constitute a break in service. When employee returns from PDL he or she will return with the same seniority he or she had when the leave commenced.

Medical Certifications for PDL

An employee requesting a PDL must provide medical certification from her healthcare provider. Failure to provide the required certification in a timely manner (within fifteen (15) days of the leave request) may result in a denial of the leave request until such certification is provided.

31

Re-certifications are required if leave is sought after expiration of the time estimated by the healthcare provider. Failure to submit required re-certifications could result in termination of the leave.

Requesting and Scheduling PDL

1. An employee should request PDL by completing a Leave Request Form and submitting it to the HR Coordinator. An employee submitting a Leave Request Form will be referred to GCC's then curreni PDL policy.

2. The employee should provide not less than thirty (30) days or as much notice as is practicable, if the need for the leave is foreseeable. Failure lo provide such notice is grounds for denial of the leave request, except if the need for PDL was an emergency and was otherwise unforeseeable.

3. Where possible, employees must make a reasonable effort to schedule foreseeable planned medical treatments so as nol to unduly disrupt GCC's operations.

4. PDL may be taken intermittently or on a reduced leave schedule when medically advisable, as determined by the employee's healthcare provider.

5. If an employee needs intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment the employee may be transferred temporarily to an available alternative position for which he or she is qualified lhal has equivalent pay and benefits that better accommodates recurring periods of leave than the employee's regular position.

6. In most cases, GCC will respond lo a PDL request within two (2) days of acquiring knowledge that the leave qualifies as pregnancy disability and, in any event, within five (5) business days of receiving the request. If a PDL request is granted, GCC will notify the employee in wriiing and leave will be counted against the employee's PDL entitlement. This notice will explain the employee's obligations and the consequences of failing to satisfy them.

Return to Work After PDL

1. Upon timely relurn at the expiration of the PDL period, an employee is entitled lo the same position unless the employee would not otherwise have been employed in the same position (al the time reinstatement is requested) or such means of preserving the job for the employee (such as leaving il unfilled or filling it wilh a temporary employee) would have substantially undermined GCC's ability to operate the business safely and efficiently. If the employee is not reinstated to the same position, she must be reinstated lo a comparable position unless there is no comparable position available or a comparable position is available, bul filling that position with the returning employee would substantially undermine GCC's ability to operate the business safely and efficiently. A "comparable" position is a position lhal involves the same or similar duties and responsibilities and is virtually identical lo the employee's original position in terms of pay, benefits, and working conditions.

32

2. When a request for PDL is granted lo an employee, GCC will give the employee a written notice of reinstatement al the end of the leave (with the limilations explained above).

3. Before an employee will be perinitted to return from a PDL of three (3) days or more, the employee must obtain a certification from her healthcare provider that she is able to resume work.

4. If the employee takes FMLA/CFRA leave for reason of the birth of her child al the expiration of her PDL, her righl to reinstatement is governed by the Family Care and Medical Leave policy, not by this policy.

5. Ifthe employee can return to work with limilalions, GCC will evaluate those limitations and, if possible, will accommodate the employee as required by law. If accommodation cannot be made, the employee will be medically separated from GCC.

Employment During PDL

An employee on PDL may not accept employment wilh any olher employer without GCC's written permission. An employee who accepts such employment will be deemed to have resigned from employment wilh GCC.

JURY DUTY

Full-time employees, or employees listed in position control, who are summoned as a juror, shall be allowed their normal salary during their required absence from duty. It is the policy of GCC for employees to provide jury service during periods when the continuity of instruction and school operations will not be adversely affected. To this end, employees called lo service during such tiines, are required to submit a written postponement request for a period when the school is nol in session such as: winter, spring or summer breaks.

Employees who work over 30 hours per week over the course of one year who are required to serve as a juror, shall be allowed full salary during their required absence. In carrying out this provision, GCC shall pay the employee his/her regular salary warrant at the usual pay period and will nol deduct this time from the employees personal necessity/sick leave time.

Upon receipt of a summons to appear for jury duly, the employee will present the notice to their supervisor AND lo the GCC Human Resources Department.

You may be requested to provide written verification from the courl clerk of performance of jury service. If work time remains afler any day of jury selection or jury duty, you will be expected lo return lo work for the remainder of your work schedule.

MILITARY LEAVE

Any employee who is in the Army Reserve or a similar government military operation may lake the time required to mainlain membership in such an operation at no pay. Advance notice is required to mainlain such a leave status. Available time off may be used for the absence. For

33

teaching staff, a request must first be made to serve the lime when school is not in session. Sickness/personal paid leave lime and holiday benefits will not accrue during a military leave.

UNIFORMED SERVICES EMPLOYMENT AND RE-EMPLOYMENT RIGHTS ACT (USERRA)

GCC provides military leaves of absence to employees who service in the uniformed services as required by the Unformed Services Employment and Reemployment Rights Act of 1994 and applicable slale laws. Leave is available for active duty, active duty for training, initial active duly for training, inactive duty training, full-time National Guard duty and for examinations lo determine fitness for any such duty. Total military leave time taken may not exceed five (5) years during employmenl, excepl in special circumstances.

Pay During USERRA Leave

1. All USERRA leaves are unpaid leaves.

2. An employee on USERRA leave may use any or all accrued sickness/personal paid leave at the beginning of any otherwise unpaid USERRA leave period.

3. The receipt of leave pay will not extend the length of the USERRA leave.

4. Leave pay accrues during any period of unpaid USERRA leave only until the end of the monlh in which unpaid leave began.

Health Benefits During USERRA Leave

1. You have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up lo 24 months while in the military.

2. Even if you don't elect to continue coverage during your military service, you have the right to be reinstated in your health plan when you are reemployed.

Procedure for Requesting and Scheduling USERRA Leave

Advanced notice of the need for USERRA leave is required. Please notify your Supervisor and GCC Human Resources of the need for military leave time as far in advance as possible.

Documentation regarding your request for lime off under USERRA will be required.

Return To Work After USERRA Leave

You have the righl to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:

1. You ensure that your employer receives advance written or verbal notice of your service;

34

2. You have five years or less of cumulative service in the uniformed services while with that particular employer;

3. You return to work or apply for reemployment in a timely manner after conclusion of service; and

4. You have not been separated from service with a disqualifying discharge or under other than honorable conditions.

If you are eligible lo be reemployed you will return to the job and benefits you would have attained if you had not been absent due to military sei-vice or, in some cases, a comparable job.

Seniority After USERRA Leave

An employee on USERRA leave remains an employee and the leave will nol constitute a break in service. An employee who returns from USERRA leave will relurn with the same seniority he or she had when the leave commenced.

EXPOSURE CONTROL PLAN

Gateway Community Charters is committed to providing a safe and healthful work environment for our entire staff. In pursuit of this endeavor, we have created an exposure control plan (ECP) to eliminate or minimize occupational exposure to bloodborne pathogens in accordance wilh OSHA standard 29 CFR 1910.1030, "Occupational Exposure to Bloodborne Pathogens."

The ECP is a key documeni to assist our organization in implementing and ensuring compliance wilh the standard, thereby protecting our employees. The ECP includes:

* Determination of employee exposure * Implementation of various methods of exposure control, including:

Universal precautions Engineering and work practice controls Personal protective equipment Housekeeping

* Hepatitis B vaccination * Post-exposure evaluation and follow-up * Communication of hazards to employees and training * Recordkeeping * Procedures for evaluating circumstances surrounding an exposure incident

The methods of implementation of these elements of the standard are discussed in the ECP, which is available by contacting the Director of Categorical Programs.

35

EMPLOYEE CHANGE OF ASSIGNMENT

Employees of GCC charter schools are each given an initial site assignment.

EMPLOYEE INITIATED ASSIGNMENT CHANGE REQUEST Employees may request a change of assignment al any lime. Assignment change requests will be submitted in writing lo the Administrator of the employee's present assignment. Approvals of change of assignment requests are contingent upon the mutual agreement of the Administrators of both the employee's present assignment and requested placement.

ADMINISTRATIVELY INITIATED ASSIGNMENT CHANGE By mutual agreeinent, Administrators may al any lime, assign an employee lo another GCC charter site. Administratively initialed assignment changes should be based upon highest and best use of resources as necessary for the success of the mission and vision of Gateway Community Charters and must be pre-approved by the Superinlendenl/CEO. Employees will be given written notice of the assignment change and reasonable explanation for the assignment change. In the event a change of assignment is contested by any of the concerned parties, the GCC Board of Directors or the Superintendent/CEO will review the relevant issues and approve or deny the assignment change.

EMPLOYEE EVALUATIONS AND REVIEWS

Administrators are strongly encouraged lo evaluate all employees on an annual basis through a variety of methods and to provide employees with feedback and professional growth/remediation plans to support success.

All site-based (defined as 4 days or more per week in classroom instruction) teachers are evaluated using the Performance Pay System (PPS) process. IS Teachers and Specialists are evaluated annually using the ISPPS system. All teachers are evaluated annually in regards lo their performance across a variety of domains.

GCC Administrators, from the Superintendent lo the Principal level, are formally evaluated on an annual basis.

Future plans include the expansion and modification of the teacher performance pay system to include performance pay for classified and administrative employees.

CONSISTENCY WITH CURRENT APPLICABLE LAW

GCC will comply with all applicable laws to the extent required by such law. To assist employees in understanding their rights, GCC has included summaries of some current laws in this Handbook. Of course, as those rights change due to revisions in applicable law, GCC will comply wilh the revisions in applicable law. This Handbook will be deemed to be revised to be consistent with applicable legal revisions whenever such legal revisions become effective even though the Handbook language has not been changed. This Handbook does nol create righls beyond those required by applicable law.

36

ACKNOWLEDGMENT

PLEASE READ THE EMPLOYEE HANDBOOK AND COMPLETE AND RETURN THIS PORTION TO GCC HUMAN RESOURCES.

PRWT EMPLOYEE NAME:

I acknowledge that I have received a copy of the GCC Employee Handbook (board approved and adopted on July 19, 2011). I understand that 1 am responsible for knowing and adhering to the policies set forth in the Employee Handbook during my employment with GCC.

] understand the policies contained in the Employee Handbook are not intended to create any contractual righls or obligations, and GCC reserves the right to amend, interpret, modify, or withdraw any portion of this Employee Manual al any time.

Just as I am free lo terminate the employmenl relationship wilh GCC al any lime, 1 understand and agree that my relationship with GCC is at-will which means that my employment is for no definite period and may be terminated by GCC at any time and for any reason with or without cause or advance notice. I also understand that GCC may demote or discipline me or alter the terms of my employment at any lime al its discretion, wilh or without cause or advance notice.

1 understand and agree that the terms of this Acknowledgment may nol be modified or superseded except by a written agreement that expressly states that it is modifying this Acknowledgment and/or the at-will relationship, and is signed by me and the Superintendent/CEO. I also understand that no other employee representative of GCC has the authority to enler into any such agreement.

Any agreeinent to employ me for any specified period of lime or that it is otherwise inconsistent with the terms of this Acknowledgment will be unenforceable, unless in writing, and expressly states that il is modifying this Acknowledgment and/or the at-will relationship, and is signed by me and the Superintendent/CEO.

I further understand and agree lhal ifthe terms of this Acknowledgment are inconsistent with any policy or practice GCC now or in the future, the terms of this Acknowledgment shall control.

1 acknowledge that 1 have read and understand the following policies included in this handbook: • Sexual Harassment Policy - 1 acknowledge lhal GCC has made me aware of the seriousness

in violating the policy regarding sexual harassment. • Anti-Discrimination Policy - I acknowledge that I have been made aware that GCC has a

policy against discrimination is committed to equal opportunity for all individuals.

Finally, 1 agree that this Acknowledgment contains a full and complete statement of the agreements and understanding that it recites, and that I agree that this Acknowledgment supersedes all previous agreements, whether written or oral, express or implied, relating to the subjects covered in this Acknowledgment.

Date Employee Signature Employee Name (please print)

37

ACKNOWLEDGMENT

PLEASE READ THE EMPLOYEE HANDBOOK AND COMPLETE AND RETURN THIS PORTION TO GCC HUMAN RESOURCES.

PRINT EMPLOYEE NAME: " \ O^KJ^ V-f^<^S

I acknowledge that I have received a copy of the GCC Employee Handbook (board approved and adopted on July 19, 2011). I understand that I am responsible for knowing and adhering to the policies set forth in the Employee Handbook during my employment with GCC.

I understand the policies contained in the Employee Handbook are not intended to create any contractual rights or obligations, and GCC reserves the right to amend, interpret, modify, or withdraw any portion of this Employee Manual at any time.

Just as I am free to tentiinate the employment relationship with GCC at any time, I understand and agree that my relationship with GCC is at-will which means that my employment is for no definite period and may be terminated by GCC at any time and for any reason with or without cause or advance notice. I also understand that GCC may demote or discipline me or alter the terms of my employment at any time at its discretion, with or without cause or advance notice.

I understand and agree that the terms of this Acknowledgment may not be modified or superseded except by a written agreement that expressly states that it is modifying this Acknowledgment and/or the at-will relationship, and is signed by me and the Superintendent/CEO. I also understand that no other employee representative of GCC has the authority to enter into any such agreement.

Any agreement to employ me for any specified period of time or that it is otherwise inconsistent with the terms of this Acknowledgment will be unenforceable, unless in writing, and expressly States that it is modifying this Acknowledgment and/or the at-will relationship, and is signed by me and the Superintendent/CEO.

I further understand and agree that i f the terms of this Acknowledgment are inconsistent with any policy or practice GCC now or in the future, the terms of this Acknowledgment shall control.

I acknowledge that I have read and understand the following policies included in this handbook: STSexual Harassment Policy - I acknowledge that GCC has made me aware of the seriousness ^ n violating the policy regarding sexual harassment. -^QTAnti-Discrimination Policy - I acknowledge that I have been made aware that GCC has a

policy against discrimination is committed to equal opportunity for all individuals.

Finally, I agree that this Acknowledgment contains a full and complete statement of the agreements and understanding that it recites, and that I agree that this Acknowledgment supersedes all previous agreements, whether written or oral, express or implied, relating to the subjects covered in this_Acknowledgment.

Employee Signature Employee Name (please print)

37

EXHIBIT I

GATEWAY COMMUNITY CHARTERS 5727 Perrin Avenue

McCle l la i i , Ca i i fomia 95652

PERSONALLY OWNED AUTOMOBILE MILEAGE REIMBURSMENT

This form is to be completed by Gateway Community Charter employees who use their automobiles in performing district business. DO NOT use this form for expenses incurred in connection with a conference, worl<shop or meeting for which a registration fee Is charged. Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form is used.

Paul Haas ^ Q^[02^^ August

Name

206 Hill Street Pi/ Social Security Number

Grass Valley,

Month

CA 95945

Home Address

SAVA-Sac/EII< Grove & AdvancePath

City State Zip Code

Program/Site

Budget Code

OiACf COM to i

CO

4 0 0 0 0 1 0 1 5 2 3 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0 9 0 4

Oaic Ffom To Purpose Olher E^ipense) Total Miles

07/16/2011 SAVASac COA Meeting wlih Laif »a Gonchar •H:«~ 1 / . / 07/19/2011 SAVA-SJC GCC Renaissance STAft Reatfing & STAR Math Meeting

GCC SAVA-Sac Site Visit «w- 11,3 SAVA.Sac GCC Renesval Meeting 6 GCC Board Meeting I I , 3

08/01/2011 SAVA-Sac SAVA-EG SIteVistl/EG Interviews W.5 [e ".'^ SAVA-EG SAVA-Sac Stic Visit/Ofnce Expansion Meeting w.s-Jes.'Si

Oa/0]/2011 SAVA-Sac GCC Davrn Comteras Title 1 Meeting fi Capturing lods Hearts Meeting •»^-;/. 1 CCC SAVA-Sac SIteVull ^ n.i

Oa/(H/20ll SAVA-tG SAVA-Sac Site Villi lo."!, SAVA-Sac GCC FotknvMjp Meeting H79 M . 1

08/05/2011 SAVA-Sac GCC Bvsslncss Ortenlallon •W9 ( ( , 1

08/08/2011 SAVA-Sac GCC SAVA API Meeting n1th Qndy Petersen HTM 11. 1 08/11/2011 SAVA-Sac SAVA-EG Site Visit

SAVA-EG SAVA-Sac Site Vill i !«• /o. a, Oa/1 J/2011 SAVA-EG SAVA-Sac All Staff Meeting

OS/lS/2011 SAVA-EG SAVA-Sac Site Visit 1 * S - | C 3 . 3

SAVA-Sac GCC Meeting with Cindy & Jason Sample /Dropout Data Meeting H M - j / . 1 08/16/2011 SAVAEG SAVA-Sac Site Visit

Oa/17/2011 SAVA-Sac SAVA-EG Site Visit

08/18/2011 SAVA-EG SAVA-Sac Site Visit

SAVA-Sac GCC GCC Admin. Meeting / 03/19/2011 SAVA-Sac SAVA-EG Site Visit

03/22/2011 SAVA-EG SAVA-Sac Site Visit W5 / o . 5 08/23/2011 SAVA.Sac CCCS Meeting rt-.02

CCCS SAVA-Sac Site Visit

08/24/2011 SAVA-Sac SAVAEG Site Visit '/:i'i .•««vo.s SAVA-EG GCC IS PPS EvalLtatlon Revisions Meeting A |

-S r l ^n - ^ t '

1. Milcoge'claims are to submitted at least quarterly when the amouni of liit; claim exceeds $35. 2. include parldng expenses and bridge toll In the "Other Expenses' column. 3. If multiple destinations are used on any one day, use more than one line for that day, If necessary • 4. Sign, date and submit to the Accounts Payable Department

I hereby cerlirvitiBtThavi! used my personal automobllo to perform olllilnl CCC buslnets

Total Miles "W-lT fe- X $0,555 =

Other Expenses

_ _ 3 7 T 5 T ^ ,

lypersflnalawipmop

5 I f ^

TOTAL CLAIM

APPROVED

Claimant's Signature

Date


McCiellah; Califomia'9'56S2


This form is to be completed by Gateway Community Charter employees who use their automobiles in performing district business. DO NOT use this form for expenses incurred in connection with a conference, worl<shop or meeting for which a registration fee is charged. Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form is used.

Paul Haas August

Name

206 Hill Street

Social Security Number

Grass Valley,

Month

CA 95945

Home Address

SAVA-Sac/Elk Grove & AdvancePath

city Stale Zip Code

Program/Site

BudgetCodo

FUND rt COAi lO)

8 4 0 0 0 »l 0 2 3 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0 9 0 4

Dale From To Purpose Otherfxpcnsei Totel Mtlcf

08/2S/2011 SAVA-EG GCC Meeting isith Gndy Petersen

GCC SAVA-Sac Site Visit »M l l . / 08/29/2011 SAVAEG GCC Chatter Renewal Data

GCC SAVA-Sac She Visit •«*5 11. j

/^£r L.

• 1. Mileage claims arc to submitted at least quarteiiy when the amount of the claim exceeds $3S. ; 2, Include parking expenses and bridge toll In the "Other Expenses" column. | 3. If multiple destinations are used on any one day, use more than one line for that day, if necessary I

:1 . Sign, date and submit to the Accounts Payable Department j

llicKby cortlfvJhetJ

Total Miles X $0,555 $58.02'

Olher Expenses


TOTAL CLAIM

APPROVEO

Supervisor/^Administrator Date '

111 loin Date Superintendent CEO/Director of Business Services Date

Business Sen/ices Date


McClellan, California 95652 UEcm^fm OCT 14


This form is to be completed by Gatev/ay Community Charter employees who use their automobiles in performing district business. DO NOT use this form for expenses incurred in connection with a conference, worl<shop or meeting for which a registration fee is charged. Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form is used.

Paul Haas \l4^^0^(^^ September

Name

206 Hill Street


Grass Valley,

Month

CA 95945

Program/Site

Budget Code

Home Address

SAVA-Sac/SIM CENTEIVEIk Grove/AdvancePath/GSUL

City State Zip Code

vita j loarcA COM t o i 101

1° 0 0 »l 0 1 = 2 3 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0 9 0 4

Date From To Purpose Olher Expersses Total Miles

09/02/2011 GCC SAVA-Sac GCC Admin. Meeting ( 1 .2 , SAVA.Sac SAVA-EG Site Visit 19.5 Jo . - ^ SAVA-EG SAVA-Sac Site Visit »-T= 10,"^

0?/0fi/2011 SAVA-EG SAVA-Sac Site Visit

!**•/«. 09/07/2011 SAVA-Sac SAVA-EG Site Visit t f ts- lO. 'a,

SAVA-EG SAVA-Sac Site Visit 10, 3 09/0a/201l GCC SAVA-EG Monthly MeetinQ svl'.h Cindy Petersen i *M2/."7

SAVAEG SAVA-Sac SileVlsh

09/09/2011 SAVA-Sac SAVA-EG Site Visit

SAVAEG GCC GCC Bencrns Fair

09/12/2011 SAVA-EG GSUL SIteVisil

GSUL SAVA-Sac She Visit '*« g . S " 09/13/2011 SAVA-Sac SVn Center Site Visit

Sim Center SAVA-EG Site Visit

SAVAEG SAVASac Site Visit

SAVASac GSUL Site Visit

GSUL GCC GCC Board Meeting S.I

09/11/5011 CCC SAVA-Sac Meeting vvith Gn t ^ Petersen & Jeanie Justice

SAVA.Sac SAVA-EG SileVisIl «5- Jo. 3 SAVA-EG GSUL Site Visit <we 19. 0

09/1S/2011 SAVA-EG GCC PrincIpaPs Meeting M.-M . 7 09/16/2011 SAVA-EG SAVASac Site Visit

09/23/2011 SAVA-Sac SAVA-EG Site Visit 1 9 3 7 0 , •J

SAVA-EG SAVASac SileVisIl

09/26/2011 GSUL SAVA-EG SIteVisIl *h76j«3.e SAVA-EG SAVA-Sac SlloVillt ^

J T 7 3

i . Mileage claims are to submitted at least quarterly wlien the amount of the claim exceeds $35. •2. include parking expenses and bridge toll In the "Other Expenses' column. :3. If multiple destinations are used on any one day, use more than one line for that day. If necessary .4. Sign, date and submit to the Accounts Payable Depanment

Total Miles •405.8<3 • X $0,555 $232.93

Other Expenses

Received

GCC Corporate Office—

Date (C4l^l//r/§A Pev. 02/08/11


McClellan, California 95652


This form is to be completed by Gatev/ay Community Charter employees who use their automobiles In performing district business. DO NOT use this form for expenses Incurred in connection with a conference, worl<shop or meeting for which a registration fee is charged, Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form is used.

Paul Haas September

Name

206 Hill Street


Grass Valley,

Month

CA 95945

Program/Site

Budget Code

Homo Address

SAVA-Sac/SIM CENTEIVEIk Grove/AdvancePath/GSUL

city State Zip Code

rv MACI \OCAICN con 101 101

CO

4 0 0 0 »i 0 1 5 2 3 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0 9 0 4

Date From To Purpose other Expenses Total Miles

09/27/2011 GSUL SAVA-EG SileVisIl

SAVAEG SAVA-Sac Back to School Night > « * - | 0 . - Z ,

09/28/2011 SAVA-Ssc Sim Center sue Visit

Sim Center SAVA-EG SIteVlsll

SAVAEG SAVA-Sac SIteVish - t«* IO.-3, 09/29/2011 GSUL SAVA-EG SileVisIl

SAVA-EG Sim Center SileVisIl

Sim Center SAVA-Sac SllcVIsh h« 1,3, SAVA-Sac SAVA-EG Biscli to School Night t « - | i ) , -3

09/30/2011 SAVA-EG SAVA-Sac Site Visit t f t s iO . 3

JOO.L CC.-: , i . Mileage claims are to submitted at least quarterly v/fien the amount of the claim exceeds 535. ,2. Include parking expenses and bridge toll in the 'Other Expenses" column. 3. If multiple destinations are used on any one day, use more than one line for that day. If necessary 4. Sign, date and submit to the Accounts Payable Depanment

Total Miles W9,5- X $0,555 =

Olher Expenses

TOTAL CLAIM

APPROVED


Dato

Business Services Form F.PROS

Date

GATEWAY COMMUNITY CHARTERS 5727 Perrin Avenue )a.3:#/<



This form is to be completed by Gateway Community Charter employees who use their automobiles In performing district business. DO NOT use this form for expenses incurred in connection with a conference, workshop or meeting for which a registration fee is charged. Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form is used.

Paul Haas October

Name

206 Hill Street

Social Securiiy Number

Grass Valley,

Month

CA 95945

Program/Site

Budget Code

Home Address

SAVA-Sac/SIM Center/Elk Grove/AdvancePath/GSUL

city State Zip Code

h,H> rf lOCAFM CXM. I D l 103

1 0 0 0 1 0 1 2 3 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0 9 0 4 j

Date From To PL'rpose 0\het Expenses Total Miles

10/03/2011 GCC GSUL Meeting wflh Cindy Petersen

GSUL SAVA-EG SHcVlsH

SAVA-EG SAVA-Sac She Visit «« je>. 10/04/2011 GSUL SAVAEG Site Visit

SAVA-EG SIM Center SileVisIl «.-«-< .t3 SIM Center SAVA-Sac SftcVlsh

10/05/2011 SAVA-Sac SIM Center Site Visit 1.3 SIM Center SAVA-EG Site Visit

10/06/2011 GSUL SAVA-EG Site Visit

SAVA-EG Sim Center Site Visit

Sim Center GCC McClellan Expo 13.41

10/07/2011 SAVA-Sac SAVA-EG Site Visit

SAVA-EG SAVA-Sac SiteVisrt 1 9 *

10/10/2011 GSUL SAVA-EG SlieVlsh

SAVA-EG SAVA-Sac SIteVish

SAVA-Sac GCC Leadership DevHopmenI Academy +M9-(| ll. j 10/11/2011 SAVA-EG Sim Cenier SheVlsU 1*35-

Sim Center SAVA-Sac Site VisH

SAVA-Sac GSUL SIteVisn

10/12/2011 GCC SAVA-Sac Meeting with Gnd/ Petersen M * » / / , /

SAVA-Sac Sim Center SIteVlsll

Sim Center SAVA-EG Site Visit

10/13/2011 GSUL SAVA-EG She Visit 1*^1^,0 SAVA-EG Sim Center SheVisll

Sltts Center GCC GCC Admin. Meeting 13.11

-£l "ii.ii;ii§f}i;ii)-) Nl )V ;| -^^ 11} /7/J-7 ^ i 1

1. Mileage claims are to submitted al ieastquartcriy v/liien the amount of the claim exceeds $35. 2. Include parking expenses and bridge toll In the 'Other Expenses" column. 3. if multiple destinations are used on any one day, use more than one line for that day, If necessary <». Sign, date and submit to the Accounts Payable Department

Total Miles 335.9^^ X $0,555 =

Other Expenses

I hereby certify thayHnmrpscdmy perionnl mJttmobllc to ocrfotm otdcliil GCC famlness ^ that4tra7trpaicd mv penonnl nut'


' Me

TOTALCLAIM

APPROVEO

, $+6 1:99 ,

•$A^9

^ Supervlsor/Admlrtlstrator ' Date Date

'l-l%~t^ SuperintendeiiytTO/Dlrector of Business Services Date

Business Services Form r.Pft.06

Date

GATEWAY COMMUNITY CHARTERS 5727 Perr in Avenue

McC le l l an , Cal i forn ia 95652


This form is to be completed by Gateway Community Charter employees who use their automobiles in performing district business. DO use this form for expenses incurred in connection with a conference, workshop or meeting for which a registration fee Is charged.

Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form Is used,

Paul Haas October

Name

206 Hill Street


Grass Valley,

Month

CA 95945

Program/Site

Budget Code

Home Address

SAVA-Sac/SlM Center/Elk Grove/AdvancePath/GSUL

City Statc Zip Code

HV>JM.t f f 0»*CT 10 I

8 4 0 0 0 H 1 5 2 3 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0 9 0 4

Dale From To Purpose Olherexpenses Total hlilct

10/14/2011 SAVA-Sac SAVA-EG SIteVish

SAVA-EG SAVA-Sac SileVisIl •*»*•/0. 3 IO/ie/2011 SAVA-EG Sim Cenier SileVisIl

Sim Center SAVA-Sac SIteVish -^2-1.3 SAVA-Sac GSUL Site Visit 1M4g.g-

GSUL SAVA-Sac Site Visit/Para Interview 5-SAVA-Sac GCC Meetln^j with Cindy Petersen Be: Resource Centers/Board Meeting

10/19/2011 SAVA.Sac Sim Center SIteVisIl

Sim Center SAVA-EG SlleVbil

10/20/2011 GSUL SAVA-EG SIteVlsll

SAVAEG Sim Cenier SheVbh wa* «(. 1^ 10/21/2011 SAVA.Sac SAVA-EG Site Vish

SAVA-EG SAVA-Sac SIteVisIl

10/24/2011 SAVA-EG SAVA-Sac SIteVisIl

SAVA-Sac SCOE SAGE S.6S

10/25/2011 SAVA-EG Sim Center SileVisIl

Sim Center SAVA-Sac SIteVlsll "h«- \.i> 10/26/2011 SAVA-Sac SAVA-EG She Vish

SAVA-EG GSUL She Visit ««. (7,0 GSUL SAVA-Sac SIteVish

10/27/2011 SAVA-Sac Sim Center She Visit t n \ /

Sim Cenier SAVA-Sac MOV HK- ( . ' 3 10/31/2011 SAVA-EG SAVA-Sac SIteVish , '1 1 : c.'SixV I.i*''

SAVA-Sac GCC She Vish J'-" ' " "

/ / 7 .C

I' j . MHeage claims are to submitted at least quarterly when the amount of the claim exceeds S35. {2. Include parking expenses and bridge toll In the "Other Expenses" column. 13. If multiple destinations are used on any one day, use more than one line for that day. If necessary ;<!. Sign, date and submit to the Accounts Payable Depanment

Total Miles '307. '86- X $0,555 =

Other Expenses

TOTAL CLAIM

l l icr«by<erl l fythiH j my pcrtonal autotnflblle to pcrforrr

••$+5^3

1 2 ^ . —

.$4-53,93


Date

f . . APPflQV^P

^ ^ S / i ^ - ;///./// Supervisor / Administrator Date

/hl-E'ii SupeftDieriaent CCO/DIrector of Business Services Date

Business Services Date Rev. 02/08/11



rnfL o\(fr-\ MN 1 z 20i2'


is form is to be completed by Gateway Community Charter employees who use their automobiles In performing district business. DO ! l use this form for expenses incurred in connection with a conference, worl<shop or meeting for which a registration fee is charged, der the latter circumstances, the Travel/Conference Approval & Expense Claim Form is used.

Paul Haas November

Name

206 Hil l Street


Grass Valley,

Month

CA 95945

jram/Site

get Code

Home Address

SAVA-Sac/SIM Center/Elk Grove/AdvancePath/GSUL

City Stale Zip Code

K OSA<1 lOCAVCH COAL 101

8 4 0 0 0 0 j B 1 5 2 3 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0 9 0 4

Date rrom To Purpose other Expenses Total Miles

11/01/2011 GSUL SAVA-EG SIteVish

SAVAEG SAVA-Sac SheVisll 1*5 10 , "3 SAVA-Sac SIM Center SIteVish

SIM Center SAVA-Sac Site Visit wr / /J, SAVA-Sac GCC She Visit

11/02/2011 GCC SAVA-Sac Mectlrsg Celebration with Superintendent o l Your Tenacity with Renewal Visits

SAVA-Sac CCC Camellia 8ulltflng Ribbon Cutting Ceremony

GCC SAVA-Sac SheVisll rm II .-5 SAVA-Sac SIM Center She Visit

SIM Cenier SAVA-EG SheVisll nds 0, 4

11/03/2011 SAVA-EG SIM Center Site Visit 1*S5 q

SIM Center GCC GCC Admin Meeting 13.41

11/08/2011 SAVA-Sac SAVA-EG SheVisll »** 10. a, SAVA-EG SIM Center Site Vish

SIM Center SAVA-Sac She Vish

11/09/2011 SAVA-Sac SIM Cenier Site Visit 1*2

SIM Center SAVA-EG SheVisll K>i3t n 11/10/2011 SAVA-Sac SAVA-EG She Visit

SAVA-EG SIM Cenier She Visit I M S t j

11/14/2011 GSUlj GCC Meeting with Cindy Petersen S.4

GCC SAVAEG She Visit 26.23 11,'} SAVA-EG SAVA-Sac SheVisll

SAVA-Sac GCC IDA Week »3

nisvu tAI I^JBaJ JHl

2^IP> 7

lileage claims are to submitted at least quarterly when the amount of the claim exceeds $35. icludc parking expenses and bridge toll In the 'Other Expenses' column, multiple destinations are used on any one day, use more than one line for that day. If necessary gn, date and submit to the Accounts Payable Departmeni

Total Miles - g y s r S T " X $0,555 = ^ / S " / . "8 L

Other Expenses r 9 ^

ebv ccrtKytfiat ITtisyo used mv personal automobile to pcrlorin olflclal CCC business


V^//>-:i4

TOTAL CLAIM

APPROVED

///07..gC>,

•^/C> jj?-

Date Superintcndew-CEO/D^rector of Business Services

Business S^r^ees'

Date

Dale

GATEWAY COMMUNITY CHARTERS 5727 Perrin Avenue , \\ H, ( • ]

McClellan, California 95652 /.fqv:


This form is to be completed by Gateway Community Charter employees vjho use their automobiles in performing district business. DQ NOT use this form for expenses incurred in connection with a conference, workshop or meeting for which a registration fee is charged. Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form is used.

Paul Haas

Name

206 Hill Street

November


Grass Valley,

Month

CA 95945

Program/Site

Budget Code

Home Address

SAVA-Sac/SIM Center/EII< Grove/AdvancePath/GSUL

City State Zip Code

CON. —^-tt, H 4 0 0 0 0 0 5 2 3 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0 9 0 4

Date Elom To Purpose Olher Fxpcnscs Total Miles

I1 / IS/20I I SAVA.Sac CAA Coverage for Cheryl Bremer ÎI.L CAA SIM Center SIteVish

SIM Center SAVA-Sac SIteVish ^ Ll) SAVA-Sac GCC GCC Board Meeting ll.'h

11/16/2011 CAA SAVA-Sac She Visit »*<»-l!.t SAVA-Sac CAA Coverage for Chetyl Bfemei ô^ll. ^

CAA SAVA-Sac SheVisll «^//, ^ I I / I7 /20 I1 GSUL SAVA-Sac SileVlsh 8". r

SAVA.Sac CAA Coverage for Chef>1 Bremer 1*0 M.C CAA GCC GCC Prlnclpafi Meeting 0.S6

f A tm a A • gitm'

MrMlleage cTalnis are to submitted'at least quaSe^ly when the amount of the claim exceeds $35. ;2. Include parking expenses and bridge toll in the 'Other Expenses' column, js. If multiple destinations are used on any one day, use more than one line for that day. If necessary

Sign, date and submit to the Accounts Payable Department

Total Miles K)0.50

OlherExpenses

X $0,555 = Ji' S"^, 'S

I fscrabv contfy i^tiiThavoYscd myêrsonal automobile to perfomn official CCC business


ilJo ll?-' Date

TOTAL CLAIM

Supervisor / Administrator

Superintendent CEO/Dlrectoi^rBOslness Services

Business Services Dato Rev. 02/08/11




This form is to be compjetcd by Gateway Community Charter employees who use their automobiles in performing district business. DO NOT use this form for expenses incurred in connection with a conference, worlcshop or meeting for which a registration fee Is charged, Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form is used.

Paul Haas December

Name

206 Hill Street

Sbclal Security Number

Grass Valley,

Month

CA 95945

Program/Site

Budget Code

Home Address

SAVA-Sac/SIM Center/Ell< Grove/AdvancePath/GSUL

City State Zip Codo

rt OUCI 101 16}

8 4 0 0 0 0 j 0 1 2 3 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0 9 0 4

Date rrom To Purpose Olher Cxpcnics Total Miles

12/01/2011 SAVA.EG SIM Cenier SIteVish

12/0S/2O11 GSUL SAVA-EG She Vish

SAVA.EG SAVA-Sac She Vish >** 10.-i 12/06/2011 SI.M Center GCC GCC Board Meeting 13.41

12/08/2011 SAVA.EG SAVA-Sac SIteVlsll teas «i . i j

SAVA.Sac los Rios Uea Skills Meellm) 489

Los Rios GCC Meeting with Ondy Petersen & GCC Holiday Party 7.79

12/09/2011 SAVA-EG SAVA-Sac SIteVisIl <*5 10,'?

SAVA-Sac GCC Surprise Pi72a Lunch

GCC SAVA-Sac SlleVilh '^"11,'?. 12/12/2011 SAVA-EG SAVASac SIteVish

SAVA-Sac GCC LDAV/ccl(>5

• 12/13/2011 SAVA-EG SIXl Center She Vish was e^,i| SIM Cenier SAVASac SileVlsh \,%

12/M/2011 SAVA-Sac GCC Meeting vrflh *>dl Relilolf

GCC SAVA-Sac SIteVlih It.?. SAVA-Sac SIMCemei SIteVish

SIM Cenier SAVA-Sac SIteVish

12/13/2011 SAVA-EG SAVA.Sac She vish

SAVA-Sac GCC Pot Ludt for JodI 8 GCC Pllncipafs Meeting

12/16/2011 SAVASac GCC Dropped off time sheets & mall M.79 1 1 GCC SAVA.Sac SheVisll 1W9 1 / , ^

mm I

// sr. w ! i . Milijage claims are to submitted at least quarterly v/hen the amount ofthe claim exceeds $35. 12. Include parking expenses and bridge toil In the 'Other Expenses" column. '3. If multiple destinations are used on any one day, use more than one line for that day, If necessary ;4. Sign, date and submit to the Accounts Payable Department

Total Miles

OlherExpenses

I hereby ccrtlfyroiHI

"7-have mcil mv por»on»l automobile to pcrYorm official GCC busfncss

TOTAL CLAIM

APPROVED


I ' 'Dali>

1 * ^

GATEWAY COMMUNITY CHARTERS 5712 Dudley Blvd.

McClellan, California 95652 ^ ' 2 J ~ I 0 ' 2 J ^ ^

Tracking ff yy^(L ( \ Q ) - \

PERSONALLY OWNED AUTOMOBILE MILEAGE REIMBURSMENT ^

This form is to be completed by Gateway Community Charter employees who use their automobiles In performing district business. DO NOT use this form for expenses incurred in connection with a conference, workshop or meeting for which a registration fee is charged. Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form is used.

Paul Haas January

Name

206 Hill Street


Grass Valley,

Month

CA 95945

Program/Site

Budget Code

Home Address

SAVA-GSUL/SAC/EG/SIM

City State Zip Code

PT COAI 101 141 ' •••• 1

8 4 0 0 0 0 1 0 1' 2 3 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0

Pale From To Purpose Other Expenses Total Miles

01/02/2012 SAVA.EG GCC- LOA 16

01/03/2012 GSUL SAVA-EG SheVuh

SAVA.EG SIM Cenier She Vish

SLM Center SAVA-Sac She Vish M r

01/04/2012 SAVA-Sac SLM Cenier Site Vish wn- { ,1, SIM Center SAVA-EG SIleVisN

Ol/OS/2012 SAVA-EG GCC Conference cal Dawn Conueras &GCCAdmInlsDators meeting

\ 01/09/201J SAVA-EG SAVA-Sac SItcViih ; . - r ^ ' " i i V ' \

SAVA-Sac SIM Center \ 4.6* \ , 7,

SIM Cenier SAVA-Sac s««v.h\->-> • O A \ 1 . 3 01/10/2012 J 'SAVA.EG SIM Center SHeVish\ jV3U * \ i i 2 » c , q

SIM Center SAVASac SlteVsh \ . '\ ^ ].->.' - .SAVA-Sac GCC GCCGoUToumamentPlanniiflComrnlttee tW9 1 H

01/11/2012 SAVA.Sac SIM Center SdeVish \^.'%\j.:.''---'~' 1.3 SIM Cenier SAVA.fG SheVrsh - , r \ t ^ ^ ^

01/12/2012 GSUL SAVAEG

SAVAEG SLM Center She Visit WL-*-* "

SI// Cenier SAVA.Sac SheVish . «*• 1,3 01/17/2012 GSUL SAVA-EG She Vish n.o

• SAVA. EG SIM Center She Vish

SIM Center SAVA-Sac She Vish >^ l.T, SAVA.Sac CCC . GCC Board Meeting l l . 1

01/1S/2012 . SAVA.Sac SIM Center SlteVoK Wl - 1 , ^

SIM Center SAVA-EG She Vish

_ J _ I J M _ L J . . . 1 1 / 1 -

1. Mileage claims are to submitted at least quarterly when the amount ofthe claim exceeds $35.

.2. Include parking expenses and bridge toll In the 'Other Expenses" column.

3. If multiple destinations are used on any one day, use nriore than one line for thatday. If necessary

4. Sign, date and submit to the Accounts Payable Department

Total Miles •354r2- X $0,555

Other Expenses - (-14.-?-7

I hereby >ve uicd my pcrtonal culomflblle lo porform official GCC buslnen

TOTAL CLAIM

APPROVED


Date

Date

Date

Business Services Date Bev. 12/07/11



Tracking #

PERSONALLY OWNED AUTOMOBILE MILEAGE REIMBURSMENT | X O H 1 _

This form Is to be completed by Gateway Community Charter employees who use their automobiles in performing district business. DO NOT use this fornn for expenses incurred in connection with a conference, workshop or meeting for which a registration fee is charged. Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form is used.

Paul Haas January

Name

206 Hill Street


Grass Valley,

Month

CA 95945

Program/Site

Budget Code

Home Address

SAVA-GSUL/SAC/EG/SlM

City State Zip Code

IU

8 4 0 0 0 0 I f r

0 OWICT

jT 2 3 0 1 4 0

GOAL

3 3 0 0 2 7 0 0

LOI

0 0 0

101

9 0 4

Date From To Puipose Other£xpen&ei Total Miles

01/23/2012 SAVAEG GCC LDA17

01/2S/2O1J SAVASac SM Center SlteVtsh

SIM Center SAVA-EG SheVlsh • «M 4 01/26/2012 GSUL SAVA-EG She Vish

SAVA-EG SIM Cenier She Vish ^ 7 « \ , \ . /

SIM Center SAVA-Sac She Vish

• 01/30/2012 GCC SAVA-EG SSOSchoohs-hJePlan

. SAVA-EG SAVA-Sac She Visit

01/31/2012 GCC SAVA-EG CBAt Meell.ig '

SAVA-EG SIM Center SheViih

SIM Center SAVA-Sac SheVisll \ M i -

\ AViV ^ ' • of >

1. MileagecIalmsareto submitted at least quarteiiy when the amount of the claim exceeds $35. 2. Include parking expenses and bridge toll In the 'Other Expenses' column. •3. if multiple destinations are used on any one day, use more than one line for that day, if necessary .4. Sign, dale and submit to the Accounts Payable Deparlment

I hereby terti?^<hnt Miave med tn^cerional automohlle to perform official GCC business

<^ \ / \

Total Miles ^iMJIA- X $0,555 = •$77.20 '

Other Expenses

TOTAL CLAIM

APPBOVEP


Date Supcrliifendenl'CEO/Dlrector of Business Services Date

Business Services Date Rev. 12/07/11

' 1^ a.-

Tracking # j n Q £ ^ _ j 5 j 2 ^ GATEWAY COMMUNITY CHARTERS 5712 Dudley Blvd.

McClellan, Califomia 95652

PERSONALLY OWNED AUTOMOBILE MILEAGE REIMBURSMENT OiXiM^ii)

This form Is to be completed by Gateway Community Charter employees who use their automobiles In performing district business. DO NOT use this form for expenses incurred in connection with a conference, workshop or meeting for which a registration fee is charged. Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form is used.

Paul Haas February

Name

206 Hill Street


..:Grass Valley,

Month

CA 959.45

Program/Site

Budget Code

Home Address

SAVA-Sac/EG/GSUiysiM Center

City Statc Zip Code

ty lo t 1 lo, 1 8 4 0 0 0 0 0 1 5 2 3 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0

Dale From To fhjrpose Other Expc/iMt Total Miles

02/01/2012 SAVA-Sac SIM Center She Vish W2/. 3 SIM Cenier SAVA-EG SheVhIt

02y02/2012 GSUL S A V A - S M SileVlsh

SAVA.Sac SAVA-EG She Vish lOJ

SAVA.EG • SIM Cenier She Vis* •

SIM Cenier GCC GCC Administrators Meeting

02/03/2012 SAVAEG SAVA-Sac SIteVish 10J

02/06/2012 SAVA.EG GSUL .. SheVuh »w« 17. o GSUL SAVA-Sac SiteVish

SAVA.Sac GCC . SheVisll . « ' * • / L /

02/07/2012 SAVA.EG SIM Center SiteVish ^

SIM Center SAVA-Sac SheVIsi, . «s 1.3

02/05/2012 SAVAEG SIM Center SIteVish V L V ^ " ^ . . . - . J ; n SLM Cenier SAVA-Sac SiteVish ' '-•-"T^ r ' • \ • , \ / . 3

02/10/2012 SAVA.EG SAVA-Sac SiieVish \ lOJ

SAVA-Sac GCC SAVA Board C h K l o l f C j . ^ " j \ »^ILI \

02/13/2012 SAVA-EG SAVA-Sac SheVlsh \ t 10J

SAVA-Sac GCC L0AV/eelH9 \ . . . . — . , < • -—. -w . -02/14/2012 GSUL SAVA-EG SheVish \ i : J ; V ', - r - > - ' " '

SAVAEG SIM Center She Visit v . ' - - ' " "

SIM Cenier SAVA-Sac SIteVish

fr. 0 7

1. Mileage claims are to submrtted at least quarterly v/hen tiie amount of the claim exceeds $35. '2. Include parking expenses and bridge toll In the 'Other Expenses" column. 3. If multiple destinations are used on any one day, use more than one line for that day. If necessary 4. Sign, date and submit to the Accounts Payable Department ;

f 11 IjaYO used m / personal automobile lo perrprm official GCC buslnest

r

X $0,555 =

OtherExpenses


TOTAL CLAIM

APPROVED

Date

S J f i ^ l s ^ ' ^ Administrator Date

Superintendent CEO/Director of Business Services Date

Business Services Date

GATEWAY COMlVroiNITY CHARTERS 5712 Dudley Blvd.

McClellan, Califomia 95652 y '2j/0?.^S

Trackings m ( L o ' " R > ^


This form is to be completed by Gateway Community Charter employees who use their automobiles in performing district business. DO NOT use this form for expenses incurred in connection with a conference, workshop or meeting for which a registration fee Is charged. Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form is used.

Paul Haas February

Name

206 Hill Street


Grass Valley,

Month

CA 9S94S

Home Address

Program/Site SAVA-Sac/EG/GSUL/SIM Center

City State . Zip Code

Budget Code

Ol'KT COM l o t ' iOl

8 4 0 0 0 "I 0 2 3 0 1 4 0 3 3 0 0 2 7 | 0 | 0 0 1 0 |T| 1 9 1 0 4

Date From To Pin pose Other Experuei Total Miles

02/1V2012 SAVASac SW Center ShcVish MS I . ? . SIM Center SAVAEG She Vish

02/27/2012 SAVA.EG SAVA.Sac SiteVistt IDJ SAVA.Sac GCC Opportunhy for Extenifed SAVA Palhiw/

02/29/2012 GSUL SAVAEG SheVbh

SAVA.EG SIM Center' SheVtsii 1M7 SM Cenier SAVA-Sac She Vish 1,

02/24/2012 SAVA-Sac SIM Center SIteVish

SIM Cenier SAVA-EG SIteVish t«7 <!|,ly

\ ' ^ C.Kim \

^ ' - on 'i \ , ^ . r >

-4-• 7 7 . S

! > S « S a * i / m ^ ^ i i i : : t ; £ i = ^ ; - Total Miles 'SSrS -1. MHeage claims are to submitted at least quarterly v/hen the amount of the claim exceeds $35. ' 2. Include parking expenses and bridge toll In the 'Other Expenses' column. Other Exoenses 3. If nnultlple destinations are used on any one day, use more than one line for that day, if necessary; " 4. Sign, dat^ and submit to the Accounts Payable Department

X $0,555 =

)))»f,. lsyigfi l fvJhatl l i isyc useii mv personal automobile to perform official GCC buslnesj

A faye utf ld my personal aut<

'/IH/. Claimant's Signature

TOTAL CLAIM

APPROVED

$42rf7

Date

Date

SuperlnteiWefit'CEO/Olrector of Business Services Date

Business Services Form (fKOi

Date Rev. 12/07/11


McClellan, Califomia 95652 \/ "^J^Q 2.^0^ (^f^O^^

/ r>i;^

Tracking« KYlg ('^1^1^

P E R S O N A L L Y O W N E D A U T O M O B I L E M I L E A G E

R E I M B U R S M E N T C U * l ^ ^ l ^

This form is to be completed by Gateway Community Charter employees who use their automobiles In performing district business. DO NOT use this form for expenses Incurred In connection with a conference, workshop or meeting for which a registration fee is charged. Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form Is used.

Paul Haas March

Name

206 Hill Street


Grass Valley,

Month

CA 95945

Program/Site

BudgetCode

Home Address

SAVA-Sac/EG/GSUiySlM Center

City State Zip Code

WJICT lOCArcN COM. l o i 1^1

8 4 0 0. 0 0 0 2 3 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0

Date From To Purpose Other Exp«nMj To<aI Miles

03/01/2012 SAVA-EG SIM Center SheVbh

SIM Center GCC Administrators Meeting n.l^ 03/02/2012 SAVA-Sac SAVA-EG She Vish 103

03/05/2012 GSUL SAVA-EG SIteVish 21.78 \ C \

' SAVA-EG SAVA-Sac Site Vish 10J

SAVA-Sac GCC LDAWeek»10 '»*-ll. I GSUL

03/06/2012 SAVA-EG SIM Cenier She Vish

• SIM Center SAVA-Sac She Vish 1 . ^ 03/07/2012 SAVA.Sac GCC Mh) Year Evahiaiion Meeting wlt l i CIniiy Petersen 1.1

GCC SAVA-Sac n r t t n II.)

SAVA-Sac SIM Center p-f-F) J..U r'•' l SIM Center SAVA-EG • SiteVish . .rrhs;----, ' } . - i ' i ' ' . \ 03/08/2012 GCC SAVA-EG GCC Attmlnlstrators Week Celebration-- ". • ^ | O^^V' \

SAVA-EG SW Center • She Vish 1 \\J\_ I J ^ ^ • \ 1

SIM Center SAVA-Sac Site Vish \ ..\ 03/09/2012 SAVA-SJC GCC GCC Piz7a Party \ . ^ Ihl 03/12/2012 SAVAEG SAVA-Sac SIteVish ' • i . ' .J . 'V ' . 10J

. SAVA-Sac GCC Regular Monlhly fiteeting with OniJy Petersen'" ^ l l . l 03/14/2012 SAVA-Sac Sl'/CeiMer SiteVish

SIM Cenier SAVA-EG SIteVish

03/IS/2012 SAVA-EG SW Center She Vish

SV.I Cenier CCC Pilndpal's Meeting

03/16/2012 SAVA-Sac SAVA-EG She Vhh 103

: ^la^^^-^ 1. Mileage claims are to submitted at least quarterly when the amount ofthe claim exceeds $35. 2. Include parking expenses and bridge toll In the 'Other Expenses' column. 3. if multiple destinations arc used on any one day, use more than one line for that day, if necessary : 4. Sign, date and submit to the Accounts Payable Department

Total Miles "255:69—r X $0,555 = i127:54

Other Expenses

IherebVictf i i fYtl i i i t Ihavfl used my pcrional/lulomobile to perform official GCC business


' Date

TOTAL CLAIM

APPROVep

Business Services Date

•mm OATjy/xfCoKMVunr Cwjtrcx


McClellan, Califomia 95652

Tracking # (Z. ( J - l 9 " }

PERSONALLY OWNED AUTOMOBILE MILEAGE REIMBURSMENT CiXi\Wi^

This form is to be completed by Gateway Community Charter employees who use their automobiles In performing district business. DO NOT use this form for expenses incurred In connection with a conference, workshop or meeting for which a registration fee Is charged. Under the latter circumstances, the Travel/Conference Approval & Expense Claim Form Is used.'

Paul Haas March

Name

205 Hill Street


Grass Valley,

Month

CA 95945

Program/Site

BudgetCode

Home Address

SAVA-Sac/EG/GSUL/SIM Center

City State Zip Code

UiOJKL oexa 1 101'

8 4 0 0 0 0 0 1 = 2 3. 0 1 4 0 3 3 0 0 2 7 0 0 0 0 0

• 9 0 4

Date • From To Purpose Olher Exprnscs Toial Miles

03/19/2012 SAVA-EG SAVA-Sac She Vish . . 10.3

SAVA-Sac GCC LDA Week 111

03/20/2012 SAVA-EC SIM Center SileViih

SIhl Cenier SAVA-Sac SheVlsh +*2 / , 3 SAVA-Sac CCC GCC Boitd Meeting

03/21/2012 SAVA-Sac . SIM Center SheVish

SIM Center SAVA-EG She Vish H3T , Y 03/J2/2O12 GSUL SAVAEG SheVish ' - ^ ^

SAVA-EG SIM Cenier Shevlsli r : ; - ; ' - - ^ ; j ' rttf 9 _ i.f SIM Center SAVA.Sac SheVish J . . > - ' •

03/23/2012 GCC SAVA-Sac SAVAInforrTalCotreowllhlheSuperlnteniierit .iUU tk "i.

SAVA-Sac SAVA-EG SheVlsh ; 10J

03/26/2012 SAVA-EG SAVA-Sac SiteVish \ lOJ . .

I'l.-* V

• \ '• QT^h'r\'' " r 1 A ..., 03/27/2012 SAVA-EG GCC Budget nrsonthly meetlrsg ' "\ * L U J L

GCC . SIM Cenier SheVlsh •*^I'-^.U 03/2B/20I2 SAVA.Sac SIM Cenier SiieVish

SIM Cenier SAVA.EG Site Vish 10J

•03/2«/2012 GCC SAVA-EG SAVA CTE programs and mablculatlon into ARC ^7-1.y SAVA-EG SIM Center SIteVish

SM Center SAVA-Sac SIteVUh •«*•/. 2>

f ' r \

1. Mileage claims are to submitted at least quarterly when the amount ofthe claim exceeds $35. '2. Include parking expenses and bridge toll In the 'Other Expenses" column. .3. if multiple destinations are used on any one day, use more than one line for that day, if necessary • 4. Sign, date and submit to the Accounts Payable Department _

I Miles *22+?r- X $0,555 =

Buslness Services Date Rev.1?/07/H

EXHIBIT C

I III II I I I I I I I I IIII 11 I 1 1 ^ ( m i (Iill i n Department oflndii.strial Relations Division of Labor Standards Lnforcement 2031 Howe Avenue, Suite 100 Sacrarnento, CA 95825 Tel: (916) 263-2841 Fax: (916)263-2853

Plaintiff: pa^] Hagg

Defendant: Gateway Commiuiity Charters, a California corporation

State Case Number 08 - 69786 JS NOTICE OF PAYMENT DUE

You have been served a copy ofthe Labor Commissioner's Order, Decision or Award.

If the full amount of the sums set forth in the Order, Decision or Award is received by this office within ten (10 ) days ofthe date the Order, Decision or Award was served upon you, no judgment will be entered in this matter.

Payment must be made by certified check, cashier's check or money order (no other tender will be accepted) made payable to the Plaintiff named in the Order, Decision or Award, and addressed to the Office of the Labor Commissioner al the address shown above.

DATED: October 14, 2013 Stephen Franck

Stephen Franck Deputy Labor Commissioner

DLSE 550 (Rev. 1/11 NOTlCiZ OF PAYiVIIF.NT DUE L.C. 98

LA IIOH C01V]iVII.SS10Nt:R, STATF.WCALIFORNIA Ocpartmeiit of Iiulusti iiil Relations l)i>'ision ofLaljor Staiulards Eni'oi-cciiicnt 203] Howe Avenue, Suite 100 .Sacraniento, CA 95825 Tel: (916) 263-2841 Fa.\: (916) 263-2853

For CoSBsc Only:

Plaintim pg^,, j^g^j .

For CoSBsc Only:

Plaintim pg^,, j^g^j .

Courl Numlier

Defendant: Gateway Community Charters, a California corporation

State Case Nunilicr

08 - 69786 JS ORDER, DECISION OR AWARD OFTHE LABOR COMMISSIONER

The above-entitled inatter came on Ibr hearing before the Labor Commissioner ofthe State of California as follows:

DATE: October 9,2013 • CONTINUED TO: CTTY: 2031 Howe Avenue, Suite 100, Sacramento, CA 95825

2, IT IS ORDERED TH.AT: Plaintiff recover from Defendant. 0.00 0.00 194.2

s S

s s s

for wages (with lawful deductions) for liquidated damages pui suant to Labor Code Section

llcimbursable business expenses

29.75 for interest pursuant to Labor Code Section(s) 98.1(c), 1194.2 and/or 2S02(b),

for additional wages accrued pursuant to Labor Code Section 203 as a penalty

217.22

11,759.10 onci that same shrill not he siihjecl to payroll or other (hdiiction,<i.

0.00 for penalties pursuant to Labor Code Section 203.1 wliich shall not be subject lu payroll or other rleciuctirjns.

0.00 other (specify):

12,006.08 TOTAL AMOUNT OF AWARD 3. The herein Order, Decision or Award is based upon the Findings of Fact, Legal Analy.sis and Conclusions altached hereto and incorporated Iterein by reference. 4. The pai'ties herein are notified and advised tliat this Older, Decision or Awai d of the Labor Commissioner shall become final and enforceable as a judgment in a coiii't of law unless cither or both parties exercise their righl to appeal lo the appropriate court* within len (10) days of service of this docunient. Service of tliis document can be accomplished either by first class mail or by personal delivery and is effective upon mailing or at the time of personal delivery. If service on the pai-ties is made hy mail, the ten (10) day appeal period shall be extended by five (5) days. For parties served outside of California, the period of extension is longer (See Code ofCivil [Procedure Seciion 1013). In case of appeal, the necessary filing fee must be paid by the appellant and appellant nuist, immedialely upon filing an appeal with the appropriate court, .serve a copy of Ihe appeal request upon the Laboi' Commissioner. If an appeal is filed by a corpoi'aiion, a non-lawyer agent of the coiporation may file the Notice of Appeal with the appropriate courl, but the corporation must be represented in any subsequent trial by an atlorney, licensed lo praclice in the State of California. Labor Code Seciion 98.2(c) provides that ifthe party seeking review by filing an appeal to the couri is unsuccessful in such appeal, the coui-i sliall detci-mine tlie costs and reasonable attoiiiey's fees incurred b) the otiier party to the ajjpcal and assess such amount as a cost upon the party filing the appeal. An employee is successful ifthe court awards an amount greater than zero. PLEASE TAKE .NOTICE: Labor Code Seciion 9S.2(b) lequiies that as a condition to filing an appeal of an Order, Decision or Award ofthe Labor Commissioner, the employer shall lirst post a bond or undei-ial<ing vvith tlie couri in the amouni ofthe ODA; and the employer shall provide written notice to the other panics and the Labor Commissioner ofthe posting of the undeitaking. Labor Code Section 98.2(b) also lequires the iinderlal<ing contain other specific conditions Ibr distribution under the bond. While this claim is befoie the Labor Commissioner, you are required to \wi\fy ihe Labor Commissioner in writing of any changes in your business or personal address wiihin 10 days after any change occurs. LABOR CO.MiVIlSSIO.NER, STATE QF CALIFOR^'IA

' Appropriate Court: Sacramento County Superior Court 720 Ninth Street Sacramento, CA 9.S8I4

D.ATED: October 14, 2013

BY:

Stephen Franck HEARING OFFICER

IJ1..SI:" .T. (Kc\-. 1/12) 0R1)1:R. DliCI.SION OU .^WAUD 01" Tl 11.; LABOR COMMISSIONI.iR L.C ')S

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

PAULMAAS.

BEFORE THE LABOR COMMISSIONER

OF THE STATE OF CALLFORNIA

)

Plaintiff

GATEWAY COM.MUNITY CHARTERS,

a Califomia corporation,

Defendant

CASE NO. 08-69786 .IS

ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER

BACKGROUND

Plaintiff filed an initial claim with the Labor Commissioner's Office on December 20, 2012

The complaint raises the following allegations:

1. Mileage reimbursement incurred April 2012 to May 31, 2012 for 721 miles at .SO.555 per

mile equals $400.16.

2. Labor Code Section 203 penalty for 30 days at $431.55 per day equals $ 12,946.50.

A joint hearing was conducted in Sacramento, California, on October 9, 2013, before the

undersigned hearing officer designated by the Labor Commissioner to hear this matter and related

cases.' Plaintiff appeared and was represented by Kelly L. Borelli, attorney. Dr. Cindy Petersen,

superintendent, appeared for Defendant and Defendant was represented by Chastin H. Pierman,

attorney. .lason Sample aippeared as a witness for Defendant. Due consideration having been given

to the testimony, documentary evidence and arguments pi esented, the Labor Commissioner hereby

adopts the following Order, Decision or Award.

•nic related cases art Suite Cn.sc Nos.. 08-69497 .IS. Hciili Spiess, I'lniniifl": ()S-70010 .IK. Kim l"icl(is, I lainiilT: ()S-703 U CM. Kaclicl Dcler. I'lainlilT; 0!!-706-l2 .IS. J;iiiies Clemmer. PlniniilT: iiiid OS-706-13 JS. Kacliel Riidekin. I'laimilT. IZacli related ea.se mimes Gateway Coiiiiinmiiy Charters, a Calilnnua corporalinn, as Derendam. The evidence and aruimicnis presented l)y all parlies al the joint hearing was considered in Ihis Order. Deei.sion or.Annni of ihe Labor Comiiiissioner.

Page 1


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

FINDINGS OF FACT

Defendant, a non-profit public benefit corporation, managed and operated two charter

schools, California Aerospace Academy ("CA.A") and Sacramento Academic and Vocational

Academy ("SAVA"), in Sacramento County, California, during the academic year of August 2011

to .lune 2012.13efendant employed Plaintiff to perform personal services as a Principal II at SAVA

during the period of .luly 1, 2011 to .lune 1, 2012. Plaintiff is a teacher certified bythe State of

California.

Plaintiff earned salary wages of $82,313.00 during the period of .luly 1, 2011 to .lune 1,

2012. The salary wages of $82,313.00 compensated Plaintiff for 199 workdays and 11 paid holidays

during the period of July 1, 2011 to June 1, 2012.

Plaintiff routinely traveled in his personal vehicle between multiple SAVA sites and

Defendant's coiporate office. Defendant reimbursed Plaintiff for 2,774.92 miles driven during the

9-month period of July 1, 2011 to March 31, 2012 for an average of 308.32 miles per month.

Dr. Petersen sent Plaintiff an email at 7:37 PM on April 17, 2012 informing him that she

was not pleased with the amount of miles he had claimed for reimbursement during the previous

three months. Dr. Petersen informed Plaintiff that his mileage claim was "not acceptable and not

how 1 wish you to be spending valuable time and resources." Dr. Petersen further wrote in the April

17, 2012 email:

"1 suggest that it would be sufficient to travel from your primary site (SAVA Sac) to the other sites twice a week - at most. Any more than that will need to be justified, ll is not in your schools best interest for this much time to be spent traveling between sites."

Plaintiff submitted an estimated mileage report at the hearing. PlaintilTs mileage report

shows he drove 144.20 miles over 7 days from April 9, 2012 to April 17, 2012 and 576.80 miles

over 28 days during the 6-week period of April 23, 2012 to May 31, 2012. Plaintiff did nol drive his

personal vehicle for work purpo.ses during the period of April 18. 2012 to April 22, 2012. Defendant

" I'loni the payroll record and academic calendar siruniitied In Del'eiuiant at llic hearini;.

Page 2


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

submitted a copy of its school calendar at the hearing which lists 28 workdays during the 6-week

period of April 23, 2012 to May 31, 2012. Defendant argued that Plaintiffs mileage claim is

inflated as the April 11, 2012 email instructed him to reduce his travel to no more than two days per

Plaintiff asked for attorney fees for 3 hours of work at $300.00 per hour in connection with

his mileage claim pursuant to Labor Code Section 2S02(c). Defendant objected to an award of

attorney fees on the grounds that the issue was not addressed in the complaint and that the Labor

Commissioner does not have authority to grant such fees in its hearing process. Plaintiff argued that

an award of attorney fees is inherent in a reimbursement claim under Labor Code Section 2802.

Defendant discharged Plaintiff on June 1, 2012. Plaintiff received a final wage payment

irom Defendant on July 2, 2012 for wages earned during the pay period of May 1, 2012 to June 1,

2012.

Defendant argued that as a charter school it is a quasi-municipal corporation and therefore

exempt under Labor Code Section 220(b) fiom Plaintiffs claim for a penalty under Labor Code

Section 203. Moreover, Defendant argued it is not liable for a penalty because Education Code

Section 45040(c) permits charter schools to pay certificated employees such as Plaintiff within 30

days of her last day of employment. Defendant further argued that it acted in good faith in its

payment of final wages to Plaintiff because it v/as reasonable for Defendant, as a charter school, to

conclude it was not required to pay final wages to Plaintiff in accordance with Labor Code Section

201. Defendant asserted that if it is determined Dei'endant should have paid final wages to Plaintiff

as required under Labor Code Section 201, Plaintiff failed to establish that Defendanl willfully

failed lo pay final wages timely because it acted in good faith.

LEGAL ANALYSIS

Labor Code Seciion 2802 provides:

Page 3


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

(a) An employer .shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.

(b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of Jiecessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue fi-om the date on which the employee incurred the necessary expenditure or loss.

(c) For purposes of this secfion, the term "necessary expenditures or losses" shall include all reasonable costs, including, but not limited to, attorney's fees incurred by the employee enforcing the rights granted by this secfion.

Plaintiff has the burden to prove, by a preponderance ofthe evidence, his claim for mileage

reimbursement. Plaintiff has met this burden with respect to part of his claim for mileage

reimbursement.

Plaintiff established that he drove his personal vehicle between mulfiple SAVA sites and

Defendant's corporate office during the period of April 9, 2012 and May 31, 2012. An employer

who requires an employee to furnish his/her own vehicle to be used in the course of employment is

obligated to reimburse the employee for the costs necessarily incurred by the employee in using the

vehicle in the course of employment.

Plaintiff seeks to recover 20.60 miles per day for 35 workdays during the period of April 9,

2012 to May 31, 2012. Plaintiff drove 20.60 miles per day for 7 days from April 9, 2012 to April

17, 2012 for a total of 144.20 miles. Defendant instructed Plaintiff in die evening of April 17, 2012

to limit his driving between sites to two days per week moving forward. However, Plainfiff

continued to operate his personal vehicle between sites five days per week afier .April 17, 2012 in

defiance of the directive he received from Dr. Petersen. Given such directive, Plaintiff is enfitled to

recover reimbui'sement for nfileage at the rate of 2 days per week for the 6- week period from April

23, 2012 to May 31, 2012 for a total of 12 days at 20.60 miles per day equals 247.20 miles. Plainfiff

is entitled to a reimbursement for a total of 391.40 miles (144.20 plus 247.20) during the period of

April 9.2012 fo May 31,2012.

Page 4


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

Plaintiff is entitled to mileage reimbursement at the accepted Internal Revenue Service

('•ir<.S") rate. In 2012, the IRS rate was $0,555 per mile for business miles driven. Thus, Plainfiff is

due a reimbursement of expenses pursuant to Labor Code Secfion 2802(a) for 391.40 miles at

.$0,555 per mile equals $217.23.

Plaintiff also seeks to recover $900.00 in attorney fees pursuant to Labor Code Section

2802(c). Labor Code Section 2802(c) defines the term "necessary expenditures or losses"

recoverable under Secfion 2802(a) to include reasonable attorney's fees incurred bythe employee

enforcing such rights. However, Plaintiffs complaint does not identify Labor Code Section 2802(c)

or list attorney fees as a necessary expenditure or loss that he seeks to recover in this matter. Due

process requires Plaintiff lo provide notice to Defendant ofthe items he seeks to recover. Since

Plaintiff failed to identify attorney fees as a necessary expenditure or loss that he seeks to recover in

his complaint, an award of attorney fees would not be appropriate in this case

Labor Code Section 220(b) provides:

Sections 200 to 211, inclusive, and Sections 215 to 219, inclusive, do not apply to the payment of vvages of employees directly employed by any county, incorporated city, or town or olher municipal corporation. All other employments are subject lo these provisions.

In asserfing Labor Code Section 220(b) as a defense to Plainfiffs claim for wages, penalties,

and Olher demands for compensation. Defendant relies on several cases that broadened the tenn

"municipal corporations" to include hospital districts, public housing authorities, and water

districts.'' However, none of these cases address charter schools specifically.

The California Supi-eme Court specifically addressed the status of charter schools in Well\- v.

OnelQm Leai-ning Foundalionf' The Court distinguished charter schools from the school districts

which grant the charters in finding that the charter schools were not entitled to the "public enfity"

immunity enjoyed by school districts under the California False Claims Act ("CFCA"). Although

'' D U E v. fJC.amiiw HosiMhti District (\^li.)') 8 Cal.App.jd Supp. 30; Tones v. l lo i imgAuihor i iy ofTitlare Coi(»n'(l979) S9 Cal.App.jd 545:

.lohnson v / I / T H I Edison Water Stoinne DMrict (2(M)9) 17-1 CaLApp.*)"' 729.

" iri.'//.v 1 One2(Jne Learning I'omulaiioi) (2006) ^1 Cal.-'l'''- I lO'l.

Page 5


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

publicly-funded charter schools function as an alternative form of public schools, the Court in J'Fells

determined that charter schools operated by non-profit corporations are largely independent ofthe

management and oversight ofthe public education bureaucracy. The Court noted that "the CFCA

applies generally lo nongovernmental entities that contract with state and local governments to

provide services on their behalf . . . and the "statutory purpose is equally served" when applied to

"independent corporations that receive public monies under the [Charter Schools Act of 1992] to

Operate schools . . . on behalf of the pubiic education system." The Courl further noted that

Educafion Code 47610 exempts charter schools and their operators "from the laws governing school

districts" excepl in limited respects.

Similar to the defendanis in Wells, Defendant is a non-pj'ofit corporation operating charter

schools with public funds on behalf of the public educafion system. The evidence at hearing is

insufficient to establish Defendcuit as a quasi-municipal corporation operating as a public entity for

purposes of Labor Code Section 220(b). Therefore, Defendant is not exempt fi-om Plaintiffs claiin

for penalfies and other demands for compensation.

Labor Code Secfion 98.1(c) states as follows:

All awards granted pursuant to a hearing under this chapter shall accrue interest on all due and unpaid wages at the same rate as prescribed by subdivision (b) of Section 3289 ofthe Civil Code. The interest shall accrue until the wages are paid Irom the date that the wages were due and payable as provided in Part 1 (commencing with Secfion 200) of Division 2.

Plaintiff is due S29.75 as interest pursuant to Labor Code Secfions 98.1(c) and 2802(b).

Defendant discharged Plaintiff on June 1, 2012. Labor Code Secfion 201 provides thai if an

employer discharges an employee, the wages eai-ned and unpaid at the time of discharge are due and

payable immediately. Defendanl discharged Plaintiff on June 1, 2012. Plaintiff received his final

wages on .Tuly 2, 2012, more than 30 days after his date of discharge. Defendant's failure to pay

final wages to Plaintiff on June 1, 2012 violated Labor Code Section 201.

Education Code Section 45040 provides:

Page 6


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

(a) The governing board of a school district or charter school nol paying the annual salaries of persons employed by the district or charter school in 12 equal monthly payments may withhold from each payment made to each employee an amount equal to 16 2/3 percent thereof

(b) The total oi'the amounts deducted from the salary ol'an employee during a school year shall be paid to him or her in two equal installments, one installment to be paid not later than the fifth day of August next succeeding, and one installment to be paid not later than the fifth day of September next succeeding.

(c) If an employee leaves the service ofthe district or charier school by death or otherwise before receiving the moneys that may be due him or her, the amount due him or her shall be paid within 30 days lo him or her or to any other person entitled to those moneys by law.

Defendant asserts that Education Code Section 45040(c) grants charter schools up to 30 days

to pay final wages to certificated employees such as Plaintiff at the end of employment. Defendant's

position is not persuasive. Defendant's interpretation of Educafion Code Section 45040(c) ignores

the language of subdivisions (a) and (b) of Section 45040. Subdivision (a) permits holding back a

portion ofthe employee's monthly salary for payment at dates specified in subdivision (b). A more

reasonable interpretafion is that the 30-day period referenced in subdivision (c) is limited to the

payment of amounts held back pursuant to subdivision (a) and does not allow charter schools to

delay the payment ofall final wages to a terminated employee. Because the final wages Plaintiff

received from Defendant on July 2,2012 were not limited to holdback amounts, Education Code

Section 45040(c) does not apply in the present case.

Labor Code Section 203 provides that an employee's wages shall continue as a penaity for

up to 30 days if an employer willfully fails to pay in accordance with Labor Code Section 201.

Willful as used in Secfion 203 does nol require malice or biamable conduct, but merely that the

failure to pay was intentional. However, a good faith dispute that any wages are due, based in law or

fact, will preclude imposition of a penally under Section 203.

Defendant argues it acted in good faith in its paymeni of final wages to Plainfi ff because it

reasonably believed that it was exempt under Labor Code Section 220(b) and also reasonably

believed that Education Code Section 45040(c) permits charier schools an addifional 30 days to pay

Page 7

Case No, 08-69786 JS

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

final wages. As discussed above, Defendant failed to provide any coun decision that specifically

addresses the issue of charier schools and the exemption provided under Labor Code Section

220(b). Moreover, Defendant's intei-pretation of Educafion Code Section 45040(c) is misguided as

it fails to lake into accouni the full language ofthe statute. Defendant's ignorance ofthe law is nol a

good faith dispute, based in law or fact, as lo whether Plaintiffwas due his final wages on June 1,

2012. Absent a good laith dispute, Defendant's failure to pay final wages in a timely manrier was

willful within the meaning of Labor Code Section 203 (Tifie 8. California Code of Regulations,

Section 13250). Tiierefore, Defendant owes Plainfiff additional wages of $11,759.10 as a penalty

(30 days times $391.97 per day).'

CONCLUSIONS

FOR ALL OF THE REASONS SET FORTH ABOVE, it is hereby ordered that:

1. Plaintiff takes S217.23 as expenses pursuant to Labor Code Section 2802(a).

2. Plaintiff takes $29.75 as interest pursuant to Labor Code Sections 98.1(c) and 2802(b).

3. Plainfiff takes $11,759.10 as a penalty pursuant to Labor Code Section 203.

Dated: October 14, 201! S. Franck. Hearinsi Officer

• Daily rale caleiilaied al wa es of SS2.313.(10 eanieo over 210 paid days = S391.97.

Page 8


STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL R.ELAT10NS

DIVISION OF LABOR STANDARDS ENFORCEMENT

CERTIFICATION OF SERVICE BY MAIL ( C C P . 1013A) OR CERTIFIED MAIL

I , Gne ifl Navarro do hereby certify that 1 am a resident of or employed in the County of Sacr.ament.n . over 18 years of age, not a party to the within action, and that 1 am employed at and my business address is:

LABOR COMMISSIONER, STATE OF CALIFORNIA 2031 Howe Avenue, Suite 100

Sacramcnto, CA 95825 Tel: (916)263-2841 Fax: (916)263-2853

1 am readily familiar with the business practice of my place of business for collecfion and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in tire ordinary course of business.

On October 21, 2nn at my place of business, a copy of the following document(s): O r d e r , Dpoi.sinn nr A w a r H

was(were) placed for deposit in the United States Postal Service in a sealed envelope, by firc;t rla^'; niai1 , wilh postage fully prepaid, addressed to:

NOi icino: Young, Minney, & Corr 701 University Ave., Suite 150 Sacramento, CA 95825 Attn: Chastin Pierman

ajid that envelope was placed for collecfion and mailing on that date following ordinary business practices.

/ certify under penahy of perjury tliat the forefioing is true and correct.

Executed on: October 7.1, 2013 at Sacramentn , California

STATE CASE NUMBER: 08-69786 JS Gnesa Navarro Gnesa Navarro

DLSF 544/DEF. A'lTY. (3/06) CERTIFICATION OF MAILING L.C. 98

PROOFOFSERVICE

1, Karen Gould, declare:

1 am over the age of eighteen years and not a party to the within action. I am employed in the County of Sacramento, California and my business address is 701 University Avenue, Suite 150, Sacramento, CA 95825.

On November 1,2013,1 served the foregoing Notice of Appeal on the parties in said cause:

|X1 Via U.S. Mail by placing a true copy thereof, enclosed in a sealed envelope vvith postage prepaid addressed as stated below. I placed the envelope for collection and processing for mailing following this business' ordinary practice with which 1 am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinaiy course of business with the United States Postal Service.

Paul Haas State Labor Commissioner 206 Hill Street 2031 Howe Avenue, Suite 100 Grass Valley, CA 95945 Sacraniento, CA 95825

[ ] Via Certified Mail (Return-Receipt Requested) - I placed a sealed envelope vvith postage thereon fully prepaid, return receipt requested, in the United States mail, to the person below.

[ ] Via Personal Service by placing a true copy thereof, enclosed in a sealed envelope, and personally delivered as stated below.

[ ] Via Ovemight Delivery by placing a true copy thereof enclosed in a sealed envelope, with delivery fees paid or provided for, in a designated are for outgoing overnight mail, addressed as set forth below. In the ordinary course of business mail placed in that designated area is picked up that same day for delivery the following business day.

[ ] Via Facsimile. 1 caused a true facsimile thereof to be electronically transmitted to the parties stated below to their facsimile number as indicated. I indicated that the attachments would be included in a copy to be sent via overnight delivery. Said transmission was reported as complete and without error. A copy of the transinission report is attached to this proof of sei-vice.

[ ] Via Electronic Mail. 1 caused such document to be transmitted via e-mail to the addressee fiom the e-mail address of .

I declare under penalty of perjui-y that the foregoing is true and correct, and that this declaration was executed on November 1, 2013 at Sacramento, California.

Karen Gould, Secretaiy

Haas v. Gateway Community Charters

Documents

Transcript of Haas v. Gateway Community Charters