Haas v. Gateway Community Charters

FOR COURT USE ONLY
FILE
[7] SUPERIOR COURT OF THE STATE OF CALIFORNIA MUNICIPAL COURT OF THE STATE OF CALIFORNIA JUSTICE COURT OF THE STATE OF CALIFORNIA
Bv
COUNTY OF Sacramento
JUDICIAL DISTRICT
Pl^NTIFF
. 3 Biepyli}
Paul Haas
DEFENDANT
Gateway Community Charters, a CA Non-Profit Public Benefit Corporation

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 C o m m u n 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 J S
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 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 Plaintiff: p^^,] y^^^^
For COL
Jsc Only:
Court Number
Defendant; Gateway Community Charters, a Califomia corporation
State Cast- Number
ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER
08 - 69786 JS
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 CONTINUED T O : C T T Y : 2031 Howe Avenue, Suite 100, Sacramcnto, C A 95825 2. ITIS ORDERED THAT: Plaintiff recover from Defendant. S S S S S % $ Q-QQ for wages (with Ijivvful deductions) 0.00 21 7 . 2 J 29.75 for liquidated damages pursuant 10 Labor Code Section 1194.2 Reimbursable business c.\penses for interest pursuant to Labor Code Section(s) 98.1(0), 1194.2 and/or 2S02(b),
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 r a n c k HEARING OFFICER D . A T E D : October 14, 2013 iji.si; .\3.^ (Ucv. 1/12)
OI?I)I;K.
niictsiON OR .'\WAROOI- TIiii LAUOR C-OMMISSIOKM.-;K
L.C ys
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PAULHAAS,
BEFORE THE LABOR COMMISSIONER OF THE STATE OF CALIFORNIA

)
Plaintiff
CASE NO. 08-69786 .IS ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER
GATEWAY COMMUNITY CHARTERS,
a Califomia corporation,
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
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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
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shows he drove 144.20 miles over 7 days from April 9, 2012 lo April 17, 2012 and 576.80 miles
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over 28 days during the 6-week period of April 23, 2012 lo May 31, 2012. Plaintiff did not drive his
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persona] vehicle for work purposes during the period of April 18, 2012 lo April 22, 2012. Defendant
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I'lom the payroll record and iicadeniic calendar siibniitled b_\- Dol'endanl at the liearini!.
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Page 2 Case No. 08-69786 JS
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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:
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(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'sfeesincurred 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.
Plaintiff is entitled to mileage reimbursement at the accepted Internal Revenue Service

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' 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 .54.1Johnson \: Amn Eili'son W'ciler Siomne Oi.siricl (2009) 17-1 Cal.App.')"' 729. IIV//.V V Onc'Ônc U'orin'ng Foumhiiioii (2006) .19 Cal.-'l"' I MA.
("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
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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).
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Defendant discharged Plaintiff on June 1, 2012. Labor Code Secfion 201 provides that if an
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employer discharges an employee, the wages earned cind unpaid at tlie lime of discharge are due and
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payable immedialely. Defendanl discharged Plaintiff on .lune I , 2012. Plaintiff received his final
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wages on .Tuly 2, 2012, more than 30 days afler his dale of discharge. Defendant's failure to pay
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final wages lo Plaintiff on June 1, 2012 violated Labor Code Seciion 201.
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Education Code Section 45040 provides:

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(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
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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,
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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 datefollowingordinary business practices.
/ certify under penalty of perjury that the foregoing is true ami correct.
Executed on:
Ortnhpr 71 ^ 201 3
at
Snr.rnmpntn
, California
S T A T EC A S EN U M B E R : 0 8 6 9 7 8 6 .IS
GnGsa Navarro
Gnesa Navarro
DLSE 544/DEF. A'lTY. (3/06)
CERTIFICATION OF MAILING
L.C. 98
EXHIBIT B
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LAW O F F I C E S OF YOUNG. MINNEY & CORR. LLP
o LOS ANGELES o SAN DIEGO SACRAMENTO
SEPTEMBER 30,2013
REPLY TO SACRAMENTO OFFICE
PAUL C. MINNEY
JAMES E. YOUNG
LISA A. CORR JERRY W. SIMMONS CHASTIN H. PIERMAN
Stephen Franck, Hearing Officer 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
VIA: HAND DELIVERY
KIMBERLY RODRIGUEZ ANDREA C. SEXTON

SARAH J . KOLLMAN
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.'
JANELLE A. RULEY ANDREW G. MINNEY

MICHELLE A. LOPEZ
SARAH K. BANCROFT
MEGAN M. MOORE
RACHAEL A. BUCKMAN
KATHLEEN M. EBERT
' Wilson V. Stale Board of Education, 75 CaI.App.4"' 1125 (1999).

MAIN OFFICE: 701 UNIVERSITY AVENUE, SUITE ISO, SACRAMENTO, CA 9 5 8 2 5 TEL 9 1 6 . 6 4 6 . 1 4 0 0 a FAX 9 1 6 . 6 4 6 . 1 3 0 0 a WWW.MYCHARTERLAW.COM
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 quasimunicipal 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.
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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.
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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.
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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 "MUNICIPAL CORPORATION"
GCC's STATUS AS A
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). 'ÔDA, p. 4, Ins. 5-13. "Êducation 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.
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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 chartergranting 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.
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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.
THE
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. to hear the Plaintiffs claim.

EDUCATION CODE 45040 ALLOWED PLAINTIFF HIS "FINAL WAGES"
Thus, the DLSE does not have jurisdiction
GCC THIRTY (30) DAYS IN WHICH TO PAY THE
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 wellknowTi 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.
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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 waitingfimepenalfies.
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 'goodfaith 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 r S c Co (1981) 125 Cal.App. 3d 1, 8-9.
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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.
T H E 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.
T H E 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 20112012 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
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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 preapproved 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
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EXHIBIT A
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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: Entity Number: Date Filed: Status: 3urisdiction: Entity Address: Entity City, State, Z i p : GATEWAY COMMUNITY CHARTERS 02535944 05/21/2003 ACTIVE CAUFORNIA 5712 DUDLEY BLVD. MCCLELLAN CA 95652
Agent for Service of Process: CINDY L. PETERSEN Agent Address: Agent City, State, Zip: 5712 DUDLEY BLVD. MCCLELLAN CA 95652
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MCCLELLAN CA 95652
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'^'^^jce ofthe Secretary oVsn of the Stale of California
ARTICLES OF INCORPORATION GRANT COMMUNITY CHARTERS (A California Non-Profit Public Benefit Corporation) I. The name ofthe Corporation shall be: Grant Conimunity Charters.
M A Y 2 1 2003
KEVIN SHELLEY '

Secretary of Sta te
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 exemptfiromfederal 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 ^ ^ ^ a t 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 otherrightsand 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
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
M A Y 2 1 2003
Secretary of State
Soo/Stala Form CE.107 (rev. 1/03)
ENDORSED-FILED
CERTmCATE OF MIENBÎENT Oli' AJiTiCLES OF INCORPORATION
OP
S E P 15 ^ 0 Q 8
, ^ onno
GATEWAY COMMUNITY CHARTERS The undersigned certiiy that: 1. 2. They are the ,Pi:esideni and the vSecretary of JiOJijjrofit public benefit.corporation. Gateway Cotnmuiiity Charters, a Califomia
Article II ofihe Articles of Jijcorporation of tWs cojpoiiation is amended to read as follows: Tiie Cbi|)dratiph is s a 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 iêycnue l^\y: Nohvilhslandiiig any other provision of tiiese articles, Uje Gorpbratidhi sbailriot;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. 1.
The foregoing wnendmenl of i E h e Articles of Incorporation has been duly approved by the board of directors. 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^
î,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.
S E PJ 6 2 0 0 8
DEBRA BOWEN Secretary of State
Sec/stale Form CE-107 (REV 1/2007)
OSPOe 99734
<2 ,'
Ua<'i.f..^'<'-.i'^-/
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INTERNAL REVENUE SERVICE P. 0. BOX 2508 C I N C I N N A T I , OH 45201
DEPARTMENT OF
THE
TREASURY
Date: JAN 1 t 2 0 0 5 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:
. 170(b)(1)(A)(ii) Form 990 R e q u i r t i d : Yes E f f e c t i v e Date of Exemption: March 17, 2005 Contribution Deductibility: Yes
Dear Applicant: We are pleased to inform you t h a t upon review of your a p p l i c a t i o n f o r tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the I n t e r n a l 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 f u r t h e r c l a s s i f i e d f ^ l / i ^ ^ ^ as e i t h e r p u b l i c c h a r i t i e s or p r i v a t e foundations. We determined that you are .^p i-r\J a p u b l i c c h a r i t y under the Code section(s) l i s t e d i n the heading of t h i s Ct'ui' ' letter. Please see enclosed Information f o r Exempt Organizations Under' Section 501(c)(3) f o r some h e l p f u l information about your r e 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 t o your representative as indicated i n your power of attorney. Sincerely,
Lois G. Lerner Director, Exempt Organizations Rulings and Agreements Enclosures: Information f o r 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 Corporation June 30 25359A'i
You a r e exempt f r o m s t a t e f r a n c h i s e o r income t a x under t h e s e c t i o n o f t h e Revenue and T a x a t i o n Code i n d i c a t e d above. T h i s d e c i s i o n i s based on i n f o r m a t i o n you s u b m i t t e d and assumes t h a t y o u r p r e s e n t o p e r a t i o n s c o n t i n u e unchanged o r c o n f o r m t o t h o s e p r o p o s e d in 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 , o r p u r p o s e o f t h e o r g a n i z a t i o n must be r e p o r t e d i m m e d i a t e l y t o t h i s o f f i c e so t h a t we may d e t e r m i n e t h e e f f e c t on y o u r exempt s t a t u s . Any change o f name or a d d r e s s must a l s o be r e p o r t e d . I n t h e e v e n t o f 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 o f f e d e r a l l a w i n cases where o u r 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 , o r a change i n t h e m a t e r i a l f a c t s o r c i r c u m s t a n c e s r e l a t i n g t o y o u r a p p l i c a t i o n upon w h i c h 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 l o n g e r be a p p l i c a b l e . I t i s y o u r r e s p o n s i b i l i t y t o be aware o f t h e s e changes s h o u l d t h e y o c c u r . 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 t h e meaning o f Revenue and T a x a t i o n Code S e c t i o n 21012(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 A n n u a l I n f o r m a t i o n R e t u r n ) on o r b e f o r e t h e 1 5 t h day o f t h e 5 t h month (^ 1/2 m o n t h s ) a f t e r t h e c l o s e o f y o u r a c c o u n t i n g p e r i o d . P l e a s e see a n n u a l i n s t r u c t i o n s w i t h forms f o r requirements. You a r e n o t 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 o r income t a x r e t u r n s u n l e s s y o u have income s u b j e c t t o t h e u n r e l a t e d b u s i n e s s income t a x
August <i, 2005 GRANT COMMUNITY CHARTERS ENTITY ID : 25359^4'^ Page 2 under Section 23731 o f the Code. I n t h i s event, you are r e q u i r e d t o f i l e Form 109 (Exempt O r g a n i z a t i o n Business Income Tax Return) by the 15th day pf the 5 t h month (4 1/2 months) a f t e r the close of your annual accounting p e r i o d . Please note t h a t an exemption from f e d e r a l income or other taxes and other s t a t e taxes r e q u i r e s 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 t o the R e g i s t r y of C h a r i t a b l e Trusts P ROBINSON EXEMPT ORGANIZATIONS BUSINESS ENTITIES SECTION TELEPHONE (916) 8<!^5-Z779 EO : CC :JACQUES S. WHITFIELD ESO
ocii OCI V C ciiiny oiaius i^cucj | cnuiy Lêarcn iummarj' | (_aiiiornia hranchise Tax Board
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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
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htlps://webapp.ftb.ca.gov/eletler/Summary.aspx?EntilylD=2535944
9/27/2013
STATE OF CALIFORNIA
!.s.^^v FRANCHISE TAX BOARD

f'j PO BOX 942857 SACRAMENTO CA 94257-0540"
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. I I
The entity is in good standing with the Franchise Tax Board.
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.
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
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E x e m p t O r g a n i z a t i o n s Select C h e c l i Organizalions Elioible lo Receive Tax-Deductible Conlribulions (Pub. 76 data) - Search Results
Exempt Oroanizaiions Selecl Check Home
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 EIN* 20-0231006 Legal Name (Doing Business A s ) Gateway Community Charters
Results Per Page 25
| OK ) .Qjly. Sacramenio Slale .Counl^^ CA UnitedStates
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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 PC Close
Type of organization and use of contribution. A public charity.
Deductibility Limitation 50%
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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 I'LAINIIFF:
LlFORNlA
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
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Secretary of State
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Business Entities (BE) Online Services - E-File Statements of Information for Corporations Business Search - Processing Times . Disclosure Search Main Page Service Options Name Availability Forms, Samples & Fees Statements of Information (annual/biennial reports) Filing Tips Information Requests (certificates, copies & status reports) Service of Process FAQs Contact Information Resources - Business Resources - Tax Information Starting A Business Customer Alerts - Business Identity Theft - Misleading Business Solicitations
B u s i n e s s Entity Detail
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. Entity Name: Entity Number: Date Filed; Status: Jurisdiction; Entity Address: Entity City, Slate, Zip: LIFELINE EDUCATION CHARTER SCHOOL, INC. C2463080 08/01/2002 ACTIVE CALIFOI^NIA 225 SOUTH SAIVITA FE AVENUE COMPTON CA 90221
Agent for Service of Process; PAUL C. MINNEY 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..escriyons an^^ Definitions. 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
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Business
Entity
Detail
Data i s updated to the C a l i f o r n i a Business Search on Wednesday and Saturday mornings. Results r e f l e c t work processed through Tuesday, Septeinber 24, 2013. Please r e f e r to Processing Times f o r the received dates of f i l i n g s c u r r e n t l y being processed. The data provided i s not a complete or c e r t i f i e d record of an entity.
E n t i t y Name: E n t i t y Number: Date F i l e d : Status: Jurisdiction: E n t i t y Address: E n t i t y C i t y , State, Zip: LIFELINE EDUCATION CHARTER SCHOOL, INC. C2463080 08/01/2002 ACTIVE CALIFORNIA 225 SOUTH SANTA FE AVENUE
COMPTON CA 90221
Agent f o r S e r v i c e o f Process: PAUL C. MINNEY Agent Address: Agent C i t y , S t a t e , Zip: 701 UNIVERSITY AVE. , STE. 150 SACRAMENTO CA 95825
* Indicates the information i s not contained State's database.
i n the C a l i f o r n i a Secretary of
I f the status of the corporation i s "Surrender," the agent f o r service of process i s automatically revoked. Please r e f e r to C a l i f o r n i a Corporations Code section 211-3 f o r information r e l a t i n g t o service upon corporations that have surrendered. For information on checking or reserving a name, r e f e r 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 t o request a more extensive search, r e f e r to Informatior! Requests. For help with searching an e n t i t y name, r e f e r to Search Tips. For descriptions of the various f i e l d s and status types, r e f e r to Field Descriptions and Status D e f i n i t i o n s .
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 ByLaws 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^'^
Waldo Burford.L/ncorporator
{^P)
..1
SECRETARY OF STA.l.Ê
"
'
I, BILL JONES, Secretary of State of the State of California., liereby certify: That the attached transcript of p a g e ( 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 California, hereby certify:
of State of the State of
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^rgaiiJâuuiiii oeieci ^necK
Page 1 ot 1
E x e m p t O r g a n i z a t i o n s Select C h e c k Organizalions Eligible 10 Receive Tax-Deduclible Conlribulions (Pub. 78 dala) - Search Resulls
Exemm Oroanizaiions Selecl Check Home
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 EIN A 41-2064806 !:.?.9.?.l .ty.?!. (Doing Business As) * Lifeline Education Charter School I Inc.
Resulls Per Page 25
'
| OK j Ciiy ^ Compton Sjate A.Counliy A CA UnitedStates
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Type of organization and use of Code contribution. PC

Close
A public charity.
http://apps.irs.gov/app/eos/forwardToDeductibililyHelp.do?deductibi]ity=PC&dispatchMe... 9/27/2013
t i l A IE Ul- (JALIIÔRNIA 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.
1. I [xl I 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. 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 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 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.
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ocji OCI V C cmiiy oiaius Lcuer | nnmy iearcn summary | uaiiiorma hranchise Tax Board
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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 Exempt Status: EXEMPT
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hltps://webapp.fl:b.ca.gov/eletter/Summary.aspx?EntityID=2463080
9/27/2013
')irect any correspondence to: .ABOR COMMISSIONER, STATE OF CAÎFORNJA )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
1 5 - 59279 KR
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 562-590-5707 Deputy Lai or Co{Tj)iiissioner
)LSE 15/Def (Rev. 1/11)
L.C. 98
tsusmess iearcn - uusiness tntities - busmess Programs
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Secretary of State
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Business Programs
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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: Entity Number: Dale Filed: Status: Jurisdiction: Entity Address: Entity City, Slate, Zip: WILDER'S PREPARATOI^Y ACADEMY, INC C2184767 01/19/2000 DISSOLVED CALIFORNIA 830 NORTH LA BREA AVE INGLEWOOD CA 90302
Agent f o r Service of Process: RAYMOND D WILDER Agent Address: Agent City, State, Zip: 830 NORTH LA BREA AVE 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 I n f o r m a t i o n 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 Definitions.
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Privacy..statem Copyrighl 2013
j .Free pqcumen^ California Secretary of State
9/23/2013
business Search - Business bm^Mes - Business Programs
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Data i s updated to the C a l i f o r n i a Business Search on Wednesday and Saturday mornings. Results r e f l e c t work processed through Tuesday, September 24, 2013. Please r e f e r to Processing Tiines for the received dates of f i l i n g s c u r r e n t l y being processed. The data provided i s not a complete or c e r t i f i e d record o f an entity.,
E n t i t y Name: E n t i t y Number: Date F i l e d : Status: Jurisdiction: E n t i t y Address: E n t i t y City, State, Zip: WILDER'S PREP.2iRAT0Ry ACADEMY, INC C2184767 01/19/2000 DISSOLVED C.îLI FORNIA 830 NORTH LA BREA AVE INGLEWOOD CA 90302
Agent f o r S e r v i c e o f Process: RAYMOND D WILDER Agent Address: Agent C i t y , S t a t e , Z i p : 830 NORTH LA BREA AVE INGLEWOOD CA 90302
* Indicates the information i s not contained i n the C a l i f o r n i a Secretary of State's database. I f the status of the corporation i s "Surrender," the agent for service of process i s automatically revoked. Please r e f e r to C a l i f o r n i a Corporations Code section I'll'l f o r information r e l a t i n g t o 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, r e f e r to Information RequesLs. For help with searching an e n t i t y name, r e f e r to Search Tips. For descriptions of the various f i e l d s and status types, refer to Field Descriptions and Status D e f i n i t i o n s .
Privacy ;;t.a L&meni: I Fie'.? Documeri;; ".^Mdei-s Copyright < S 2013 C a l i f o r n i a Secretary of State
htlp://kepler.sos.ca.gov/
9/27/2013
. . .^ 0,7.39.8#2
Secretary of State State of Califomia
3tL
CERT'IFICATE OF AM.ENDMENT OF. ARTICLES OF .[NCOjRPOR-ATJON

.TTi.c.undCTsiuncd cerlin' .thai;
v A P R - 2 2013.
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 ofpîrjuiy 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/:- . . A P R 26. 2 0 1 3
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
A U G 2 6 2003
Secretary of State
OEP l;3 rJ89S.'
.\RTICLES OF INCORPORATION WILDER'S FOUNDATION (A Califomia Non-Profit Public Benefit Coiporation)
ENDORSED
- Pll t=i
' /^^Q ,5 ^003
I.
Tiie name of the Corporation shall be: Wilder's Foundation. II.
KEVIN SHELLEy cr^ti?,ry of gteta

^
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 otheirightsand 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 Organizalions Eligible lo Receive Tax-Oeduclible Contributions (Pub. 76 data) - Scarchi Resulls. -
Exempi Organizaiinns SPIQCI Check Homo
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 E|iy ^ 20-0144089 results .L.?.g.?.l..t!'.?.. (Doing Business As) Wilder Foundation Results Por Page 25 l_OK_| Ciiy Inglewood Slate ^Cmniry A CA UnitedStates PC Prev 11-11 Next Return to Search I , p,ev 11-1 j Next Deduclibilily Status j .
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:
Type of organization and use of Code contribution. PC [ Close A public charity.
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
1. 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.
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, t 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.
FTB 4263A WEB (NEW 02-2012)
ijelt Serve Hntity Status Letter | Entity Search Summary | California Franchise Tax Board
Page 1 o f l
M
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
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: (3 For want of prosecution due to plaintifTs failure to attend the scheduled hearing. [Dismissed without prejudice) 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. 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^ÎSSAl.
L.C. 98
tJusiness siearcn - business Lntities - business Programs
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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: Entity Number: Date Filed: Status: Jurisdiction: Entity Address: Entity City, State, Zip; ALLIANCE HEALTH SERVICES ACADEMY HIGH SCHOOL C3001891 06/07/2007 ACTIVE CALIFORNIA 501 S FIGUEROA STREET 4TH FL LOS ANGELES CA 90017
Agent for Service of Process: JUDY BURTON Agent Address: Agent City, State, Zip: 601 S FIGUEROA STREET <)TH FL LOS ANGELES CA 90017
* 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 A^^ For information on ordering certificates, copies of documents and/or status reports or to request i more extensive search, refer to I n f o r m a t i o n 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 pefinitions.
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9/27/2013
business biearcn - business Entities - Business Programs
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Data i s updated t o the C a l i f o r n i a Business Search on Wednesday and Saturday mornings. Results r e f l e c t work processed through Tuesday, September- 24, 2013. Please r e f e r to Processing Times f o r 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 entity.
E n t i t y Name: E n t i t y Nuinber: Date F i l e d : Status: Jurisdiction: E n t i t y Address: E n t i t y C i t y , State, Z i p : ALLIANCE HEALTH SERVICES .fl.CADEMY HIGH SCHOOL C3001891 06/07/2007 ACTIVE CALIFORNIA 601 S FIGUEROA STREET 4TH FL LOS ANGELES CA 90017
Agent f o r S e r v i c e o f Process: JUDY BURTON Agent Address; Agent C i t y , S t a t e , Z i p : 601 S FIGUEROA STREET 'JTH FL LOS ANGELES CA 90017
* Indicates the information i s not contained i n the C a l i f o r n i a Secretary of State's database. I f the status of the corporation i s "Surrender," the agent f o r service of process i s automatically revoked. Please r e f e r t o C a l i f o r n i a Corporations Code section 211'] f o r information r e l a t i n g t o service upon corporations that have surrendered. For information on checking or reserving a name, r e f e r 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 t o request a more extensive search, r e f e r t o Infcrmation Request.^. For help with searching an e n t i t y name, r e f e r t o Search Tips. For descriptions of the various f i e l d s and status types, r e f e r to Field Descriptions and Statu.? D e f i n i t i o n s .
Pirivacv Stiltemenv. I Free Docmneri'.: P.'=:;.deis Copyright 2013 C a l i f o r n i a Secretary o f State
9/27/2013
INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201 Date:
DEPARTMENT OF THE TREASURY
M A R 03 2 0 1 1
HEALTH SERVICES ACADEMY HIGH SCHOOL 12226 S WESTERN AVE LOS ANGELES, CA 90046
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 E f f e c t i v e Date of Exemption: June 7, 2007 Contribution D e d u c t i b i l i t y ; Yes Addendum Applies: Yes
Dear Applicant: We are pleased t o Inform you that upon review of your a p p l i c a t i o n f o r tax exempt s t a t u s we have determined t h a t you are exempt from Federal income tax under s e c t i o n 501(c)(3) of the I n t e r n a l Revenue Code. Contributions t o you are deductible under. section 170 of the Code. You are also q u a l i f i e d t o receive tax deductible bequests, devises, t r a n s f e r s 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 f u r t h e r c l a s s i f i e d as e i t h e r p u b l i c c h a r i t i e s or p r i v a t e foundations. We determined that you are a p u b l i c c h a r i t y under the Code section(s) l i s t e d i n the heading of t h i s letter. Please see enclosed Publication 4221-PC, Compliance Guide f o r 501(c)(3) Public C h a r i t i e s , f o r some helpful information about your r e s p o n s i b i l i t i e s as an exempt o r g a n i z a t i o n .
Letter
947 (DO/CG)
-2HEALTH SERVICES ACADEMY HIGH SCHOOL
We have sent a copy of t h i s l e t t e r t o your representative as indicated i n your power of attorney. Sincerely,
Lois G . Lerner Director, Exempt Organizations Enclosure: Ptablication 4221-PC
Letter
947 (DO/CG)
HEALTH SERVICES ACADEMY HIGH SCHOOL INFORMATION FOR CHARTER SCHOOLS YOU are not subject t o the s p e c i f i c publishing requirements of Revenue Procedure 75-50, 1975-2 C.B., page.587, as long as you are operating under a contract with the l o c a l government. I f your method of operation changes t o the extent t h a t your charter i s terminated, cancelled, or not renewed, you w i l l be required t o comply with Revenue Procedure 75-50.
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 755:AFFJARJ to
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 S e c t i o n Form o f O r g a n i z a t i o n Accounting Period Ending O r g a n i z a t i o n Number
EDUCATIONAL 25701d Corporation June 30 5001891
EXEMPT ACKNOWLEDGEMENT LETTER We have r e c e i v e d your f e d e r a l d e t e r m i n a t i o n l e t t e r t h a t shows tax exemption under I n t e r n a l Revenue Code (IRC) Section 5 0 1 ( c ) ( 3 ) . Under C a l i f o r n i a law, Revenue and Taxation Code (R&TC) Section 2 3 7 0 1 d ( c ) ( l ) provides t h a t an o r g a 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 d e t e r m i n a t i o n l e t t e r approving the o r g a n i z a t i o n ' s tax-exempt status . The e f f e c t i v e date of your o r g a n i z a t i o n ' s C a l i f o r n i a tax-exempt s t a t u s i s 06/07/2007. To r e t a i n tax-exempt s t a t u s , the o r g a n i z a t i o n must be organized and o p e r a t i n g f o r n o n p r o f i t purposes w i t h i n the p r o v i s i o n s o f the above R&TC s e c t i o n . An i n a c t i v e o r g a n i z a t i o n i s not e n t i t l e d t o t a x - exempt s t a t u s . In order f o r us t o determine any e f f e c t on the tax-exempt s t a t u s , the o r g a n i z a t i o n must immediately r e p o r t t o us any change i n : * Operation * Character ^ Purpose "'OFFICE MANAGER RECn-IVED
J U N202 0 1 1
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 t o ftb.ca.gov and search f o r 1068. This exemption i s f o r s t a t e f r a n c h i s e or income t a x purposes o n l y . For i n f o r m a t i o n r e g a r d i n g sales t a x exemption, contact the State Board o f E q u a l i z a t i o n a t 800.^00.7115, or go t o t h e i r website a t boe.ca.gov. A JENKINS EXEMPT ORGANIZATIONS BUSINESS ENTITIES SECTION TELEPHONE 916 . 8i5 .-^605 FAX NUMBER 916.8A5.9029 RTF I
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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 Entity Name: ALLIANCE HEALTH SERVICES ACADEMY HIGH SCHOOL Address: 601 S FIGUEROA ST FLOOR LOS ANGELES, CA 90017-5704 Entity Status: REVIVED Exempt Status: EXEMPT
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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 Entity Name: ALLIANCE HEALTH SERVICES ACADEMY HIGH SCHOOL
1. I I 2. 3. I I 4.
The entity is in good standing with the Franchise Tax Board. The entity is not in good standing with the Franchise Tax Board. The entity is currently exempt from tax under Revenue and Taxation Code (R&TC) Section 23701 d. 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, 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 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.
FTB 4263A WEB (NEW 02-2012)
cAcjjipi wrgaiii/iaiiuiis ot:;ieci (îiecK
Page 1 o f l
E x e m p t O r g a n i z a t i o n s Select C h e c k Organizations Eligible to Receive Tax-Deduclible Contribulions (Pub. 78 dala). Search Results
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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 EIN A 94-3476912 Legd Name (Doing Business A s )
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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:
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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 BERNAIÎNO, 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. 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
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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. Entity Name: Entity Number: Date Filed: Status: Jurisdiction: Entity Address: Entity City, Stale, Z i p : THE ACADEMY OF THE INLAND EMPIRE C3262406 12/02/2009 ACTIVE CAUFORNIA 1184 W^. 2ND ST., STE. 101 SAN BERNARDINO CA 92410
Agent for Service of Process: WILL GRIFFIN Agent Address: Agent City, State, Zip; 1184 W, 2ND ST., STE. 101 SAN BERNARDINO CA 92410
* 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 2^^^^^ for information relating to service upon corporations that have surrendered. For Information on checking or reserving a name, refer to Name Availability. For information on ordering certificates, copies of documents and/or status reports or to request a more extensive search, refer to I n f o r m a t i o n R For help with searching an entity name, refer to Search Tips. For descriptions of the various fields and status types, refer to Field pescriptions and Status
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Data i s updated to the C a l i f o r n i a Business Search on Wednesday and Saturday mornings. Results r e f l e c t work processed through Tuesday, September 24, 2013. Please r e f e r to Frocessinq Tiities 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 entity.
E n t i t y Name: E n t i t y Nuinber: Date F i l e d : Status: Jurisdiction: E n t i t y Address: E n t i t y City, State, Agent f o r Service Agent Address: Agent C i t y , S t a t e , Zip: Zip: THE ACADEiylY OF THE INLAND EMPIRE C3262406 12/02/2009 ACTIVE CALIFORNIA 1184 W . 2ND ST , STE. 101
SAN BERNARDINO CA 92410
o f Process: WILL GRIFFIN 1184 SAN W . 2ND ST. , .STE. 101 BERNARDINO CA 92410
* Indicates the information i s not contained i n the C a l i f o r n i a Secretary of State's database. I f the status of the corporation i s "Surrender," the agent for service of process i s automatically revoked. Please r e f e r to C a l i f o r n i a Corporations Code section 2114 f o r information r e l a t i n g to service upon corporations that have surrendered. For information on checking or reserving a name, r e f e r 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, r e f e r to Information Requests. For help with searching an e n t i t y name, r e f e r to Search Tips. For descriptions of the various f i e l d s and status types, refer to Field Descriptions and Status D e f i n i t i o n s .
Pii.vcif:y Stalieraeni: I Free Documeni: Readers Copyright 2013 C a l i f o r n i a Secretary of State
9/27/2013
32b2t|Qb
ARTICLES OF INCORPORATION OF CARDEN VIRTUAL ACADEMY OF CALIFORNIA (A California Nonprofit Public Benefit Corporation) I.
ENDORSED FILED inlheOitlceonheSecreg^^^^ o' ^laleol o a m o m i c Q^Q (J ^ 2009
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 dôrator
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
A P R 2.0 2 0 1 1
The undersigned certify that: 1. 2. They are the President and the Secretary of Carden Virtual Academy of California, a California nonprofit public benefit corporation. 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. 4. The foregoing amendment ofthe Articles of Incorporation has been duly approved by tlie Board of Directors. 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 O F1
I hereby ceitily !r.&l ihi; lortgoing .W' :Zi' .4KA irenscrlnloi p o g e i / ^ C c A-tS' A transcript 0 1 ii pogeis) Is a full, true a n d corrccl c o p y of ihe Vj Wvii/^si V 7/ original record in the custody ol Itio \y^^X:i'/ Cnllfornis SRcretarv of State's olflcc.
Dsle:.,,
U d B R A B O V A / E M , Secretary of Slale
l-\
u IJ I QJ J
ENDORSED - FILPn
oflheSlaieofCaliforfiia
A U G 21 2 0 1 2
CERTIFICATE OF AMENDMENT OF ARTICLiES OF INCORPORATION
The undereigned certify that: 1. 2, They are the President and the Secretary of Taylion Virtual Acadcmiea of Califomia, a California nonprofit public benefit corporation, 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. 4, The foregoing amendracnt of tho Artides of Incorporation has been duly approved by the Board of Directors, 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:
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.
A U G 22 2 0 1 2
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.
D E C 08
DEBRA BOWEN Secretary of State
Sec/Slate Fonn CE-109 (REV 01/20QS)
li^BV Of.P O S 1135.13
Jbxempi Urganizations beiect unecK
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E x e m p t O r g a n i z a t i o n s Select C h e c k 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. Exempi OrQani2alions Seleel Check Homo
M of 1 results EIN 27-2506243 Legal Name (Doing Business As) A The Academy of the Inland Empire
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ên serve bntity iiiatus Letter | Jintity Search Summary I California Franchise Tax Board
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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
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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
[xl I [X| I I I
1. The entity is in good standing w/ith the Franchise Tax Board. 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. 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.
FTB 4263A WEB (NEW 02-2012)
STATC OF CALI-OK.N'I.A
ndiii'.ind C. )!ruivii, J
tJt;vi;l(jN'UJ<
Oi'rr.irtiin'iil ol'Intliiilrriil Jfcliiiiorii
Divi.siON or L.MiOR STANIMHOS l;^'FOl?c^:MJlN^

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 Rq)ly lo; ()5 . 53297 LT
RE:
.leniiifti- iMricIt v. Grcun Dot Public .Schools
/\rtL'jiiioii;
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
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)
L.C. 98
Fage 1 01 1
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Business Entities (BE) Online Services - E-File Statements of Information for Corporations - Business Search - Processing Times - Disclosure Search) Main Page Service Options Name Availability Forms, Samples & Fees Statements of Information (annual/blennlal reports) Filing Tips Information Requests (certificates, copies & status reports) Service of Process FAQs Contact Information Resources - Business Resources - Tax Information - Starting A Business Customer Alerts - Business Identity Theft - Misleading Business Solicitations

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: Entity Number: Date Filed: Status: Jurisdiction: Entity Address: Entity City, State, Zip: GIÊEN DOT PUBLIC SCHOOLS C2045179 06/23/1999 ACTIVE CALIFORNIA 1149 S HILL ST STE 600 LOS ANGELES CA 90015
Agent for Service of Process; SABRINA AYALA Agent Address: Agent City, State, Zip: 1149 S HILL ST STE 600 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 Definitions.
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9/23/2013
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" ^ ^ T R S
Exempt Organizations Select Check 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 EIN A 95-4679811 .'r.f.S.?.!.!^?!!?.?. (Doing Business As) t. Green Dot Public Schools Results Per Page 25 ' | OK | City A LosAngeles Slate ACqunlry i CA UnitedStates PC Prev 11-1 I Next Return lo Search | Prev (1-11 Next Deductibility Status Exempt Oroanizaiions Select Ctiocli Home
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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
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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. The entity is not in good standing wilh the Franchise Tax Board.
I I
2.
3. The entity is currentiy exempi from tax under Revenue and Taxation Code (R&TC) Section 23701 d. 4. We do not have current information about the entity.
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 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 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) 4 5 0 4 0 . 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
HAAS, PAUL > Document:
Page 1 of
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: First Name: PAUL Adverse and Commission Actions Indicator: Middle Name: SULLIVAN Note; Please verify County of Employment is current If flag displayed, click the Adverse and Commission Actions " '^^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 ^ . . . _ Number ^ Document ZN. _ C MIssue ^ Expiration ?/i?.L"^' ^ Special ~ . Term. Status _ . 1 y Issue _ Grade, _ . . Title ^ ^' Date ^ Date " " " ^ P. ^ ~ ^ Grade ^ Date Multiple > 110079813 Teachfig Credential Administrative Services Credential Clear ^^'''^ 6/1/2011 6/1/2016 5/23/1986
>
110079912
Valid
6/1/2011
6/1/2016
3/28/2003
Authorization/Subjects j 1 - 1 of 1 Authorization Code ' Authorization Descnption ^Subject Code ^ Subject Description Major/ ^ Minor " Added Authorization ^^^.^
R2M
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 credential authorizes the holder to teach core G S 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.
General Subjects MAJ
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 Code R20 .i^ , . ^. ^ Renewal Description To renew this credential, the holder needs to submit only an application and fee to the Commission no earlier than 12 months before the expiration date. The renewal period is five years. Additional Descnption .\
Employment Restrictions
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https://educator.ctc.ca.gov/esales_enuystart.swe?SWERowId=l-206-2120&SWEField=s_2...
9/27/2013
EXHIBIT E
June 1, 2012
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Paul Haas 206 Hill Street Grass Valley, CA 95945 Re: Your Release from At-Will Employment with G C C
Dear Paul, 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 peiônol 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 T O i"iav0 a v/iiTven response to this document Included in your personnel file. Sincerely,
NJ
JiimjiduVhl
Jeanie Jusnce HR Coordinator
9/27/13 WELLS FARGO
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24 GATEWAY COMWUHrrV CHARTERS wiuMr~rNINETHOUSANDFIVEHUNDREDTWENTynVEAND01/100DOLLARS*
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PAUL S HAAS 206 H l l i . STREET GRASS VALLEY CA 9 5 9
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Item Details Amount: 9,525.01 C h e c k * : 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
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EXHIBIT F
D i s t r i c t : 24 GATEWAY COMMTJNITY CHARTERS / E m p l o y e e ^ aci n t e n a n c e 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 d a t a Next Scr: . FY: 12 FTE:0.0000 S a l : 0.00 P r j : 0.00 Rate: 0.00 Position-Pri Job c o d e L o c a t i o n Days => 1. 500162 Y PRINCIPAL I I PRIN I I SAVA 210.00 Start 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 E f f - D t Pay Rate P-Schd Cy Upld-Pay L o n g e v i t y Supervisor 82,313.00 070111 7,875.00 EOMllD MO 070111 00/ 0.00 T o t a l P r j Base P r j Add-Prj % - P r j PD-Prj Lon-Prj Deg-Prj O t h - P r j 82,313.00 82,313.00 0.00 0.00 0.00 0.00 0.00 0.00 P c t % Fd Resc Y O b j t Ste Goal F c t n Opl Op2 100.00% 84-0000-0-13 00-140-3300-2700-999-904 Salary 82,313.00 Projection 82,313.00
Page PP02PO
1 of 1 06/01/2012 H . f b . l 7 compiled 05/08/08
T o t a l : 82,313.00 82,313.00 Updated: 06/05/2012 by JJ24 a t 14:27:09
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paid
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GCC EMPLOYEE SALARY TERMS
Terminated 6/1A2 Name: Position: Paul Haas Date of Hire: Principal II FrE%: 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 July 13, 2009 100.00%
J
(78,750.00) 3,563.35
+ + + + + + + + + + + +
Days 10.0 23.0 21.0 21.0 15.0 12.0 21.0 16.0 21.0 16.0 22.0 1.0 199.0 11 210.0
July
August September October November December January February March April May June Total Days Holidays Total Days Paid
$
X
$ - $ $ / $
391.97 Daily Rate 210.0 Days Responsible 82,313.35 Annual salary 100.00% FTE% 82,313.35 Revised Annual (78,750.00) Arrears 3,563.35 1 Number of months 3,563.35
$
X
$ + $ $ + $ $
391.97 Daily Rate 11.0 Total days NOT Worked 4,311.65 Reduction 82,313.35 Revised Annual 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 T W T
Second Week T W T
Third Week T W T
Fourth Week T W T
Fifth Week T W T
July August September October November December January February March April May June
1 3
4 5 1 2 4 1
#2^.1 3
4 1 6 3 1 5 2 1 5 3
; 1 5 2. 7 4 2 6 3
4 8 10
7
5. 6 11
8
6 7 12
9
7 8. 1.3
8 9 14
11 15
12 16
13 17
14 18
15 19
18|19 22 23
20 24
21 25
22 26
3 4 1 2
1 1 1 1 1 1 1 1 ^ 1 1 1 1 1 1 1 ^
5 9 6 2 5 6 l9^-: 4 7 |.4
6 10 7 6 10 8 5
7 11 8 7 11 9 6
12 17 1 0 [ H M ; 14 8' 9 12 12. 13 r.1.6', 9 10. 13 8 9 12 12 13 16 10 11 14 7 8 11
13 . 14 18 19 15 16 13 14 17 18 14 15 13 17 15 12 14 18 16 13
15 16 1.9 20 21 22. 23 20 21 24 25 26 27 28 17 ; 18 21 22 t^3i|glS|fe'^ 28 29 15 16 19 20 21 22 23 fe'dll 27 19 20 23 24 25 26 27 30 31 16 17 IZ'Oifl 21 22 23 IfeitI 27 28 15 16 19 20 21 22 23 26 27 19 20 23 24 25 26 27 30 17 18 21 22 23 24 25 ^ 8 l | 29 14 15 1 8 | 1 9 20 21 22 25 26
25 29 26
26 30 27
27 31 28 30 28 29 28 30 27
28 29
29 30
29 15305
10 23 21 21 15 12 21 16 21. 16 22
29 ! 30 31 28
29
(D
Non-Paid/Non-Work Davs: September 5 November 11 November 23-25 December 26 December 30 January 16 February 20 February 24 May 28 Labor Day Veterans Day Thanksgiving Break Christmas Day (observed) New years Day (observed) MLK Day (observed) Lincoln's Birthday (observed) Washington's Birthday (observed) Memorial Day (observed) July 1 - July 15, 2011 November 18, 21-22, 2011 December 19-23, 2011 December 27-29, 2011 February 21-23, 2012 March 30, 2012 April 2-6, 2012 June 19-29, 2012
>
Work Year July 18, 2011 - June 18, 2012 This calendar is for the following positions: Academic & Assessment Coordinator Administrative Assistant IS Coordinator IT Coordinator Principal Principal 1 1 Site Manager Vice Principal 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 cûctLLty sclôoL cMoict Lkvtke greater Scicrctm.eiA,tD rtOjiov^.
Patches.Kolb
From: Sent: To: Subject: Importance: Cindy Petersen Wednesday, March 06, 2013 2:30 PM Patches.Kolb FW: second email/mileage concern 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^ cûtciLlty 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 iûaLLty 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 B. NON DISCRIMINATION AND POLICY AGAINST HARASSMENT C. AT-WILL EMPLOYMENT D. RULES OF CONDUCT E. TERMINATION OF EMPLOYMENT F. COMMUNICATION AT GCC G. INTERNAL COMPLAINT REVIEW POLICY II. UNIFORM COMPLAINT PROCEDURE I. EM PLOYM ENT STATUS I. WORK SCHEDULES J. ArrENDANCE AND ABSENCES K. YEARS OF SERVICE L. OUTSIDE EMPLOYMENT M. CONFLICTS OF INTEREST N. PERSONNEL RECORDS 0. USE OF TECHNOLOGY P. WAGES, PAY AND BENEFITS Q. LEAVE CONDITIONS/CATEGORIES (General, FMLA/CFRA/PDL, Workers Compensation etc.) R. EXPOSURE CONTROL PLAN S. EMPLOYEE CHANGE OF ASSIGNMENT T. EMPLOYEE EVALUATIONS, REVIEWS, ETC U. CONSISTENCY WITH CURRENT APPLICABLE LAW V. ACKNOWLEDGMENT .'. 4-5 5-7 7 7-10 10 lO-l 1 12-13 13 13- M 14-16 16 17 17 17-18 18 18 19-21 21-35 35 36 36 36 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, nonemployees 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.
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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
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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.
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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
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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 campusfifteenminuies 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: Teacher or administrator-scheduled parenl/sludent/teacher conferences. One (1) Back-to-School Night each school year. One (1) Open House each school year. One (]) or more Promotion/Graduation ceremony program(s) each school year. 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.
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a) b) c) d) e)
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
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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.
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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 preapproved 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 offifteen(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
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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 perfiscalyear. 8. Employees on an approved FMLA, CFRA, and/or PDL leave of absence, requesting lo use sick lime beyond 20 days in afiscalyear, 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).
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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-inlaw 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 il 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 workrelated 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.
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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 afinenol 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.
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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.
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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. If 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. If 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 fulltime 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
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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.
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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
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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;
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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.
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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 37
Employee Name (please print)
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 if 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 37
Employee Name (please print)
EXHIBIT I
GATEWAY COMMUNITY CHARTERS

5727 Perrin A v e n u e M c C l e l l a i i , C a i i f o m i a 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
Name
Q^[02^^
Social Security Number
August
Month CA State
206 Hill Street

Home Address Program/Site
Pi/
Grass Valley,
City
95945
Zip Code
SAVA-Sac/EII< Grove & AdvancePath

OiACf COM
toi
Budget Code
4
Ffom SAVASac
SAVA-SJC
01 0 1 52
To COA GCC SAVA-Sac GCC SAVA-EG SAVA-Sac GCC SAVA-Sac SAVA-Sac GCC GCC GCC SAVA-EG SAVA-Sac SAVA-Sac SAVA-Sac GCC SAVA-Sac SAVA-EG SAVA-Sac GCC SAVA-EG SAVA-Sac CCCS SAVA-Sac SAVAEG GCC
1 4
CO
7 0
0 4
Oaic 07/16/2011 07/19/2011
Purpose
Meeting wlih Laif a Gonchar Renaissance STAft Reatfing & STAR Math Meeting Site Visit Renesval Meeting 6 GCC Board Meeting SIteVistl/EG Interviews Stic Visit/Ofnce Expansion Meeting Davrn Comteras Title 1 Meeting fi Capturing lods Hearts Meeting SIteVull Site Villi FotknvMjp Meeting Bvsslncss Ortenlallon SAVA API Meeting n1th Qndy Petersen Site Visit Site Villi All Staff Meeting Site Visit Meeting with Cindy & Jason Sample /Dropout Data Meeting Site Visit Site Visit Site Visit GCC Admin. Meeting Site Visit Site Visit Meeting Site Visit Site Visit IS PPS EvalLtatlon Revisions Meeting A |
Olher Eîpense)
Total Miles
H:~ 1 / . / w- 11,3 II, 3

W.5 [e ".'^
GCC SAVA.Sac 08/01/2011 SAVA-Sac

SAVA-EG
w.s-Jes.'Si
Oa/0]/2011
SAVA-Sac CCC
^-;/. 1 ^ n.i
lo."!,
H^79 M . 1 W9 ( ( , 1 HTM 11. 1
Oa/(H/20ll
SAVA-tG SAVA-Sac
08/05/2011 08/08/2011 08/11/2011
SAVA-Sac SAVA-Sac SAVA-Sac SAVA-EG
! /o. a,
1*S-|C3.3
Oa/1 J/2011 OS/lS/2011
SAVA-EG SAVA-EG SAVA-Sac
HM- j / . 1
08/16/2011 Oa/17/2011 08/18/2011
SAVAEG SAVA-Sac SAVA-EG SAVA-Sac
/
W5 / o . 5 rt-.02
03/19/2011 03/22/2011 08/23/2011
SAVA-Sac SAVA-EG SAVA.Sac CCCS
08/24/2011
SAVA-Sac SAVA-EG
'/:i'i .vo.s
-Srl^n-^t ' Total Miles Other Expenses TOTAL CLAIM
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 lypersflnalawipmop
"W-lT^fe-
X $0,555 =
__37T5T^,
APPROVED
5If^
Date
Claimant's Signature

5727 Perrin Avenue 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
Name Social Security Number
August
Month
206 Hill Street

Grass Valley, city
CA
Stale
95945
Zip Code
SAVA-Sac/Elk Grove & AdvancePath

FUND
rt
COAi
lO)
BudgetCodo
8 4
From SAVA-EG GCC
l 0
To GCC SAVA-Sac GCC SAVA-Sac
1 4
3 0
7 0
9 0 4
Totel Mtlcf
Dale 08/2S/2011
Purpose Meeting isith Gndy Petersen Site Visit Chatter Renewal Data She Visit
Otherfxpcnsei
M l l . / *5 11. j
08/29/2011
SAVAEG GCC
/^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 Olher Expenses
X $0,555
$58.02'
TOTAL CLAIM
APPROVEO
Supervisor/Âdministrator
Date
'
111 loin
Date
Superintendent CEO/Director of Business Services
Date
Business Sen/ices
Date

5727 Perrin Avenue McClellan, California 95652
UEcm^fm O C T 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
Name
\l4^^0^(^^
Social Security Number
September
Month
206 Hill Street

Grass Valley,
City
CA
State
95945
Zip Code
SAVA-Sac/SIM CENTEIVEIk Grove/AdvancePath/GSUL

vita j loarcA
COM toi 101
Budget Code
1
From GCC SAVA.Sac SAVA-EG SAVA-EG SAVA-Sac SAVA-EG
l 0 1 =
2
To SAVA-Sac SAVA-EG SAVA-Sac SAVA-Sac SAVA-EG SAVA-Sac SAVA-EG SAVA-Sac SAVA-EG GCC GSUL SAVA-Sac
1 4
3
Purpose
Date 09/02/2011
Olher Expersses
Total Miles
GCC Admin. Meeting Site Visit Site Visit Site Visit Site Visit Site Visit Monthly MeetinQ svl'.h Cindy Petersen SileVlsh Site Visit GCC Bencrns Fair SIteVisil She Visit Site Visit Site Visit Site Visit Site Visit GCC Board Meeting Meeting vvith G n t ^ Petersen & Jeanie Justice SileVisIl Site Visit PrincIpaPs Meeting Site Visit Site Visit SileVisIl SIteVisIl SlloVillt ^
(1.2, 19.5 J o . - ^
^-T= 10,"^
0?/0fi/2011 09/07/2011
09/0a/201l
GCC SAVAEG
09/09/2011
SAVA-Sac SAVAEG
09/12/2011
SAVA-EG GSUL
09/13/2011
SAVA-Sac Sim Center SAVAEG SAVASac GSUL
SVn Center
SAVA-EG SAVASac GSUL GCC SAVA-Sac SAVA-EG GSUL GCC SAVASac SAVA-EG SAVASac SAVA-EG SAVA-Sac
* ! /.
10, 3 i*M2/."7
tfts-lO.'a,
'* g . S "
S.I
09/11/5011
CCC SAVA.Sac SAVA-EG
09/1S/2011 09/16/2011 09/23/2011
SAVA-EG SAVA-EG SAVA-Sac SAVA-EG
5- Jo. 3 <we 19. 0 M.-M .7

1 9 3 7 0 , J
09/26/2011
GSUL SAVA-EG
*h76j3.e
JT7
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 Other Expenses
405.8<3
X $0,555
$232.93
Received GCC Corporate Office
Date (C4l^l//r/A
Pev. 02/08/11

5727 Perrin Avenue 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
Month
206 Hill Street

Homo Address Program/Site
Grass Valley,
city
CA
State
95945
Zip Code
SAVA-Sac/SIM CENTEIVEIk Grove/AdvancePath/GSUL

rv
MACI \OCAICN
con
101
101
Budget Code
4
From GSUL SAVAEG
i 0 1 5
To SAVA-EG SAVA-Sac
CO
3 0
1 4
7 0
9 0 4
Total Miles
Date 09/27/2011
Purpose SileVisIl Back to School Night sue Visit SIteVlsll SIteVish SileVisIl SileVisIl SllcVIsh Biscli to School Night Site Visit
other Expenses
>*-|0.-Z,
09/28/2011
SAVA-Ssc Sim Center SAVAEG
Sim Center
SAVA-EG SAVA-Sac SAVA-EG Sim Center SAVA-Sac SAVA-EG SAVA-Sac
-t*IO.-3,
09/29/2011
GSUL SAVA-EG Sim Center SAVA-Sac
h 1,3,
t-|i),-3 tftsiO. 3
09/30/2011
SAVA-EG
JOO.L
, 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 Olher Expenses
CC.-:
X $0,555 =
W9,5-
TOTAL CLAIM
APPROVED
Dato Business Services

Form F . P R O S
Date

5727 Perrin Avenue McClellan, California 95652 )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
Name Social Securiiy Number
October
Month
206 Hill Street

Grass Valley,
city
CA
State
95945
Zip Code
SAVA-Sac/SIM Center/Elk Grove/AdvancePath/GSUL

h,H>
rf lOCAFM CXM. IDl 103
Budget Code
1^
0
From GCC GSUL SAVA-EG GSUL SAVA-EG SIM Center
01 0
To GSUL SAVA-EG SAVA-Sac SAVAEG SIM Center SAVA-Sac SIM Center SAVA-EG SAVA-EG Sim Center GCC SAVA-EG SAVA-Sac SAVA-EG SAVA-Sac GCC Sim Cenier SAVA-Sac GSUL SAVA-Sac Sim Center SAVA-EG SAVA-EG
1^
1 4
7 0
9 0
Total Miles
4j
Date 10/03/2011
PL'rpose Meeting wflh Cindy Petersen SHcVlsH She Visit Site Visit SileVisIl
0\het Expenses
je>.
10/04/2011
.--<^.t3
SftcVlsh
Site Visit Site Visit
10/05/2011
SAVA-Sac SIM Center
1.3
10/06/2011
GSUL SAVA-EG Sim Center
Site Visit Site Visit McClellan Expo Site Visit SiteVisrt SlieVlsh SIteVish
Leadership DevHopmenI Academy SheVlsU Site VisH SIteVisn Meeting with G n d / Petersen SIteVlsll Site Visit She Visit SheVisll GCC Admin. Meeting 13.11 M*//, / 19* 13.41
10/07/2011
SAVA-Sac SAVA-EG
10/10/2011
GSUL SAVA-EG SAVA-Sac
+M9-(| ll. j
1*35-
10/11/2011
SAVA-EG Sim Center SAVA-Sac
10/12/2011
GCC SAVA-Sac Sim Center
10/13/2011
GSUL SAVA-EG Sltts Center
1*^1^,0
Sim Center
GCC
-l^"ii.ii;iif}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 I hereby certify to ocrfotm otdcliil GCC famlness ^ thayHnmrpscdmy that4tra7trpaicd mv perionnl penonnl mJttmobllc nut' Total Miles Other Expenses 335.9^^ X $0,555 =
, $+6^1:99 ,
TOTALCLAIM
APPROVEO
$A^9
^ Supervlsor/Admlrtlstrator
'
Date
'l-l%~t^
' Me
SuperintendeiiytTO/Dlrector of Business Services Date Business Services Form r.Pft.06
Date

5727 Perrin A v e n u e M c C l e l l a n , C a l i f o r n i a 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
Month
206 Hill Street

Grass Valley,
City
CA
Statc
95945
Zip Code
SAVA-Sac/SlM Center/Elk Grove/AdvancePath/GSUL

HV>JM.t ff 0*CT 10 I
Budget Code
8 4
From SAVA-Sac SAVA-EG
0
To SAVA-EG SAVA-Sac Sim Cenier SAVA-Sac GSUL SAVA-Sac GCC Sim Center SAVA-EG SAVA-EG Sim Cenier SAVA-EG SAVA-Sac SAVA-Sac SCOE Sim Center SAVA-Sac SAVA-EG GSUL SAVA-Sac Sim Center SAVA-Sac SAVA-Sac GCC
H15
1 4
7 0
0 0
Olherexpenses
9 0 4
Total hlilct
Dale 10/14/2011
Purpose SIteVish SileVisIl SileVisIl SIteVish Site Visit Site Visit/Para Interview Meetln^j with Cindy Petersen Be: Resource Centers/Board Meeting SIteVisIl SlleVbil SIteVlsll SheVbh Site Vish SIteVisIl SIteVisIl SAGE SileVisIl SIteVlsll She Vish She Visit SIteVish She Visit
**/0. 3 -^2-1.3
1M4g.g-
IO/ie/2011
SAVA-EG Sim Center SAVA-Sac GSUL SAVA-Sac
5-
10/19/2011
SAVA.Sac Sim Center
10/20/2011
GSUL SAVAEG
wa* (. 1^
10/21/2011
SAVA.Sac SAVA-EG
10/24/2011
SAVA-EG SAVA-Sac
S.6S
10/25/2011
SAVA-EG Sim Center
"h- \.i>
10/26/2011
SAVA-Sac SAVA-EG GSUL
. (7,0
10/27/2011
SAVA-Sac Sim Cenier
10/31/2011
SAVA-EG SAVA-Sac
She Vish
S I t e V s ih
, '1 ^1^: c.'SixV I.i*'' J'-" ' " "
M O V
t n \ /
HK- ( . ' 3
/ / 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
llicrby<erllfythiH j my pcrtonal autotnflblle to pcrforrr
Total Miles Other Expenses
'307.'86-
X $0,555
$+5^3 1 2 ^ . .$4-53,93
TOTAL CLAIM
. . APPflQV^P
^^S/i^Supervisor / Administrator SupeftDieriaent CCO/DIrector of Business Services Business Services
;///.///
Date
/hl-E'ii
Date Date
Date
Rev. 02/08/11
GATEWAY COMMUNITY CHARTERS 5727 Perrin Avenue McClellan, California 95652
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
Name 206 Hill Street Home Address jram/Site Social Security Number
November
Month CA Stale
Grass Valley,
City
95945
Zip Code
SAVA-Sac/SIM Center/Elk Grove/AdvancePath/GSUL

K OSA<1 lOCAVCH COAL 101
get Code
8 4
rrom GSUL SAVAEG SAVA-Sac SIM Center SAVA-Sac
0j
To SAVA-EG SAVA-Sac SIM Center SAVA-Sac GCC SAVA-Sac CCC SAVA-Sac SIM Center SAVA-EG SIM Center GCC SAVA-EG SIM Center SAVA-Sac SIM Cenier SAVA-EG SAVA-EG SIM Cenier GCC SAVAEG SAVA-Sac GCC
B15
1 4 0
3
Purpose
0 0
Date 11/01/2011
other Expenses
Total Miles
SIteVish SheVisll SIteVish Site Visit She Visit Mectlrsg Celebration with Superintendent o l Your Tenacity with Renewal Visits Camellia 8ulltflng Ribbon Cutting Ceremony SheVisll She Visit SheVisll Site Visit GCC Admin Meeting SheVisll Site Vish She Vish Site Visit SheVisll She Visit She Visit Meeting with Cindy Petersen She Visit SheVisll IDA Week 3 IMS S.4 tj 1*2
1*5 1 0 , " 3
wr / /J,
11/02/2011
GCC SAVA-Sac GCC SAVA-Sac SIM Cenier
r m II .-5
nds 0, 4
1*S5 13.41 q
11/03/2011
SAVA-EG SIM Center
11/08/2011
SAVA-Sac SAVA-EG SIM Center
** 10. a,
11/09/2011
SAVA-Sac SIM Center
K>i3t
11/10/2011
SAVA-Sac SAVA-EG
11/14/2011
GSUlj GCC SAVA-EG SAVA-Sac
26.23 11,'}
I^JBaJ JHl
nisvu tAI
= ^ / S " / . "8 r 9 L ^
2ÎP> 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
ebv ccrtKytfiat ITtisyo used mv personal automobile to pcrlorin olflclal CCC business
-gysrST"
X $0,555
TOTAL CLAIM
APPROVED
///07..gC>,
:i4
Superintcndew-CEO/D^rector of Business Services
^/C> jj?Date
V^//>Date
Business S^rêes'
Dale

5727 Perrin Avenue McClellan, California 95652 , \\ H, ( ]
/.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
November
Month
206 Hill Street

Grass Valley,
City
CA
State
95945
Zip Code
SAVA-Sac/SIM Center/EII< Grove/AdvancePath/GSUL

CON.
^-tt,
Budget Code
4
Elom SAVA.Sac CAA SIM Center SAVA-Sac
0
To
CAA SIM Center SAVA-Sac GCC SAVA-Sac CAA SAVA-Sac SAVA-Sac CAA GCC
1 4
7 0
9 0 4
Total Miles
Date I1/IS/20II
Purpose Coverage for Cheryl Bremer SIteVish SIteVish GCC Board Meeting She Visit Coverage for Chetyl Bfemei SheVisll SileVlsh Coverage for Chef>1 Bremer GCC Prlnclpafi Meeting
Olher Fxpcnscs
ÎI.L ^ Ll)
11/16/2011
CAA SAVA-Sac CAA
ô^ll. ^ ^//, ^
0.S6
ll.'h *<-l!.t
II/I7/20I1
GSUL SAVA.Sac CAA
1*0^ M.C
8". r
A gitm'
f A tm a
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 I fscrabv contfy i^tiiThavoYscd myêrsonal automobile to perfomn official CCC business
Total Miles OlherExpenses
K)0.50
X $0,555 = Ji' S"^, 'S
TOTAL CLAIM
Supervisor / Administrator
ilJo ll?' Date
Superintendent CEO/Dlrectoi^rBOslness Services
Business Services
Dato
Rev. 02/08/11
GATEWAY COMMUNITY CHARTERS 5727 Perrin Avenue McClellan, California 95652

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
Name Sbclal Security Number
December
Month
206 Hill Street

Home Address Program/Site SAVA-Sac/SIM Center/Ell< G r o v e / A d v a n c e P a t h / G S U L
rt
OUCI
Grass Valley,
City
CA
State
95945
Zip Codo
101
16}
Budget Code
8 4
rrom SAVA.EG GSUL SAVA.EG
0j
To
SIM Cenier SAVA-EG SAVA-Sac GCC SAVA-Sac los Rios GCC SAVA-Sac GCC SAVA-Sac SAVASac GCC SIXl Center SAVASac GCC SAVA-Sac SIMCemei SAVA-Sac SAVA.Sac GCC GCC SAVA.Sac
01^
2
3 0
1 4
3
Purpose
3 0
Date 12/01/2011 12/0S/2O11
Olher Cxpcnics
Total Miles
SIteVish
She Vish
She Vish GCC Board Meeting SIteVlsll Uea Skills Meellm) Meeting with Ondy Petersen & GCC Holiday Party SIteVisIl
>** 10.-i
13.41
12/06/2011 12/08/2011
SI.M Center SAVA.EG SAVA.Sac Los Rios
teas i . i j
489 7.79
12/09/2011
SAVA-EG SAVA-Sac GCC
<*5 10,'?
Surprise Pi72a Lunch

SlleVilh SIteVish LDAV/ccl(>5 She Vish SileVlsh Meeting vrflh *>dl Relilolf SIteVlih SIteVish SIteVish She vish Pot Ludt for JodI 8 GCC Pllncipafs Meeting Dropped off time sheets & mall SheVisll
'^"11,'?.
was e^,i|
12/12/2011
SAVA-EG SAVA-Sac
12/13/2011
SAVA-EG SIM Cenier
\,%
It.?.
12/M/2011
SAVA-Sac GCC SAVA-Sac SIM Cenier
12/13/2011
SAVA-EG SAVA-Sac
12/16/2011
SAVASac GCC
M.79 1 1
1W9 1 / , ^
mm
Total Miles OlherExpenses
// sr. w
TOTAL CLAIM
APPROVED
! 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 have mcil mv poronl automobile to pcrYorm official GCC busfncss I hereby ccrtlfyroiHI
"71*^
Claimant's Signature I ' 'Dali>

5712 Dudley Blvd. McClellan, California 95652 ^
Tracking ff yy^(L
' 2 J ~ I 0 ' 2 J ^ ^
( \ 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
Month
206 Hill Street

Grass Valley,
City
CA
State
95945
Zip Code
SAVA-GSUL/SAC/EG/SIM
PT COAI 101
141 ' 1
Budget Code
4
From SAVA.EG GSUL SAVA.EG SLM Center
01
To GCCSAVA-EG SIM Cenier SAVA-Sac SLM Cenier SAVA-EG GCC SAVA-Sac SIM Center SAVA-Sac SIM Center SAVASac GCC SIM Center SAVA.fG SAVAEG
0 1'
1 4
3
Purpose LOA 16
0
Total Miles
Pale 01/02/2012 01/03/2012
Other Expenses
SheVuh She Vish She Vish Site Vish SIleVisN Conference cal Dawn Conueras &GCCAdmInlsDators meeting Mr
01/04/2012 Ol/OS/2012 01/09/201J
SAVA-Sac SIM Center SAVA-EG SAVA-EG SAVA-Sac SIM Cenier
wn- { ,1,
SItcViih sv.h\->->
;.-r^'"iiV O A
'
01/10/2012
'SAVA.EG SIM Center - .SAVA-Sac SAVA.Sac SIM Cenier GSUL SAVAEG SI// Cenier
SHeVish\
SlteVsh \
jV3U
\ \ \ \ \ . '\
^ ^
4.6* \ , 7,
1 .3
i i 2 c^ , q ^ ].->.' tW9 1 H
GCCGoUToumamentPlanniiflComrnlttee SdeVish SheVrsh She Visit SheVish . She Vish She Vish She Vish . GCC Board Meeting SlteVoK She Vish WL-*-* " \^.'%\j.:.''---'~' , r \ t ^
01/11/2012 01/12/2012
1.3
S L M Center SAVA.Sac SAVA-EG SIM Center SAVA-Sac CCC SIM Center SAVA-EG
* 1,3
01/17/2012
GSUL SAVA. EG SIM Center SAVA.Sac
n.o
>^ l.T,
ll. 1
Wl- 1 , ^
01/1S/2012
SAVA.Sac SIM Center
_J_IJM_LJ
...
11/
Total Miles 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 Other Expenses
354r2-
X $0,555
-^(-14.-?-7
TOTAL CLAIM
APPROVED
I hereby
>ve uicd my pcrtonal culomflblle lo porform official GCC buslnen
Date
Date
Date
Business Services
Date Bev. 12/07/11

5712 Dudley Blvd. McClellan, California 95652
Tracking #
PERSONALLY OWNED AUTOMOBILE MILEAGE REIMBURSMENT |XOH1_

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
Month
206 Hill Street

Grass Valley,
City
CA
State
95945
Zip Code
SAVA-GSUL/SAC/EG/SlM
IU fr OWICT GOAL LOI 101
Budget Code
4
From SAVAEG SAVASac SIM Center
0 0 0 0I
To
GCC S M Center SAVA-EG SAVA-EG SIM Cenier SAVA-Sac SAVA-EG SAVA-Sac SAVA-EG SIM Center SAVA-Sac
0 jT
2 30
1 4
3 0
0 4
Date 01/23/2012 01/2S/2O1J
Puipose LDA17 SlteVtsh SheVlsh She Vish She Vish She Vish SSOSchoohs-hJePlan She Visit CBAt Meell.ig SheViih SheVisll \ '
Otherxpen&ei
Total Miles
M
^ 7
4
\,\./
01/26/2012
GSUL SAVA-EG SIM Center
01/30/2012 . 01/31/2012
GCC SAVA-EG GCC SAVA-EG SIM Center
Mi-
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
îMJIA-
X $0,555 =
$77.20 '
TOTAL CLAIM
APPBOVEP
<^
\ / \
Date
Supcrliifendenl'CEO/Dlrector of Business Services
Date
Business Services
Date
Rev. 12/07/11
' 1 ^ a.GATEWAY COMMUNITY CHARTERS 5712 Dudley Blvd. McClellan, Califomia 95652
Tracking # j n Q ^ _ j 5 j 2 ^
OiXiMîi)
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
Month
206 Hill Street

..:Grass Valley,
City
CA
Statc
959.45
Zip Code
SAVA-Sac/EG/GSUiysiM Center
ty lot
1
0
lo,
Budget Code
4
From SAVA-Sac SIM Cenier
0
To SIM Center SAVA-EG
SAVA-SM
15
1 4
3
fhjrpose
Dale 02/01/2012
Other Expc/iMt
Total Miles
She Vish SheVhIt SileVlsh She Vish She Vis*
W2/. 3
02y02/2012
GSUL SAVA.Sac SAVA.EG SIM Cenier
SAVA-EG SIM Cenier GCC SAVA-Sac GSUL SAVA-Sac GCC ..
lOJ
GCC Administrators Meeting SIteVish SheVuh SiteVish . SheVisll 10J
02/03/2012 02/06/2012
SAVAEG SAVA.EG GSUL SAVA.Sac
w 17. o
.'*/L /
^ .
02/07/2012
SAVA.EG SIM Center
SIM Center SAVA-Sac
SiteVish SheVIsi,
s 1.3
...-.J;
02/05/2012
SAVAEG SLM Cenier
SIM Center SAVA-Sac SAVA-Sac GCC
SIteVish
SiteVish SiieVish
VLV^"^
'
'--"T^ r ' \ ,
n\
\ \ \
t
/.3
lOJ
02/10/2012
SAVA.EG SAVA-Sac
SAVA Board C h K l o l f C j . ^
"
ÎLI
10J
02/13/2012
SAVA-EG SAVA-Sac
SAVA-Sac GCC SAVA-EG SIM Center SAVA-Sac . ,
SheVlsh L0AV/eelH9 SheVish She Visit SIteVish
\ \ < \ i : J ; V ', v.'--'"" .... -.-w. - r->-'"' -
02/14/2012
GSUL SAVAEG SIM Cenier
fr.
0
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
X $0,555 =
OtherExpenses
TOTAL CLAIM
APPROVED
r
Claimant's Signature S J f i ^ l s ^ ' ^ Administrator Date Date Superintendent CEO/Director of Business Services Date
Business Services
Date
GATEWAY COMlVroiNITY CHARTERS

5712 Dudley Blvd.
Trackings
m ( L o ' " R > ^
McClellan, Califomia 95652
'2j/0?.^S

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
Month
206 Hill Street

Home Address
Grass Valley,
City
CA
State
9S94S
. Zip Code
Program/Site
Budget Code
Date 02/1V2012
SAVA-Sac/EG/GSUL/SIM Center
Ol'KT COM lot ' iOl
4
From SAVASac SIM Center
"I 0
To
SW Center SAVAEG SAVA.Sac GCC SAVAEG SIM Center' SAVA-Sac SIM Center SAVA-EG
1 4
3 0
7|0|0
0 1 0 |T| 1 9 140
Other Experuei Total Miles MS I . ? .
Pin pose ShcVish She Vish SiteVistt Opportunhy for Extenifed SAVA Palhiw/ SheVbh SheVtsii She Vish SIteVish SIteVish
02/27/2012 02/29/2012
SAVA.EG SAVA.Sac GSUL SAVA.EG SM Cenier SAVA-Sac SIM Cenier
IDJ
1M7
02/24/2012
1,
t7 <!|,ly
'
C.Kim
\ \
^
\
,^.r>
' -
on 'i
77. S
X $0,555 =
-4-
!>SSa*i/m^îii::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
)))f,.lsyigfilfvJhatlliisyc personal aut< automobile to perform official GCC buslnesj faye useii utfld mv my personal
TOTAL CLAIM
$42rf7
APPROVED
A'/IH/.
Claimant's Signature Date SuperlnteiWefit'CEO/Olrector of Business Services Business Services

Form (fKOi
Date Date Date
Rev. 12/07/11
/ r>i;^
GATEWAY COMMUNITY CHARTERS 5712 Dudley Blvd.

McClellan, Califomia 95652 \/
Tracking "^J^Q 2.^0^
KYlg
('^1^1^
(^fÔ^^
PERSONALLY OWNED AUTOMOBILE MILEAGE REIMBURSMENT 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
Month
206 Hill Street

Grass Valley,
City
CA
State
95945
Zip Code
SAVA-Sac/EG/GSUiySlM Center
WJICT lOCArcN COM.
loi
1^1
BudgetCode
4
From SAVA-EG SIM Center
0. 0
0
To SIM Center GCC SAVA-EG SAVA-EG SAVA-Sac GCC
1 4
0
To<aI Miles
Date 03/01/2012
Purpose SheVbh Administrators Meeting She Vish SIteVish Site Vish LDAWeek10
Other ExpnMj
n.l^
103 21.78 10J \ C \
03/02/2012 03/05/2012
SAVA-Sac GSUL ' SAVA-EG SAVA-Sac GSUL
'*-ll. I
1.^ 1.1 II.)
'
03/06/2012
SAVA-EG SIM Center
SIM Cenier SAVA-Sac GCC SAVA-Sac SIM Center SAVA-EG SAVA-EG SW Center SAVA-Sac GCC SAVA-Sac GCC Sl'/CeiMer SAVA-EG SW Center CCC SAVA-EG
She Vish She Vish Mh) Year Evahiaiion Meeting wltli CIniiy Petersen
03/07/2012
SAVA.Sac GCC SAVA-Sac SIM Center
SiteVish
..rrhs;----,'}
p-f-F) J..U^r''^l
. - i ' i ' \\J\_ ^ ". | O^^V' ^ 1 \ \ 'i.'.J.'V'. . I J ^
nr
ttn
03/08/2012
GCC SAVA-EG SIM Center
GCC Attmlnlstrators Week Celebration- She Vish Site Vish GCC Piz7a Party SIteVish
.\ \ \
..\
^
10J
03/09/2012 03/12/2012 . 03/14/2012
SAVA-SJC
Ihl
SAVAEG SAVA-Sac SAVA-Sac SIM Cenier
Regular Monlhly fiteeting with OniJy Petersen'" SiteVish SIteVish She Vish Pilndpal's Meeting She Vhh
^ll.l
03/IS/2012
SAVA-EG SV.I Cenier
03/16/2012
SAVA-Sac
103
:
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
IherebVictfiifYtliiit Ihavfl used my pcrional/lulomobile to perform official GCC business
^la^^^-^
Total Miles Other Expenses " 2 5 5 : 6 9 r X $0,555 =
i127:54
TOTAL CLAIM
APPROVep
'
Date
Business Services
Date
GATEWAY COMMUNITY CHARTERS 5712 Dudley Blvd. McClellan, Califomia 95652
Tracking #
(Z. ( J - l 9 " }
mm
Paul Haas
Name
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 OATjy/xfCoKMVunr use this form for Cwjtrcx 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.' March Social Security Number Grass Valley,
City
Month CA
State
205 Hill Street

95945
Zip Code
SAVA-Sac/EG/GSUL/SIM Center
UiOJKL
oexa
101'
BudgetCode
4
From
0
To
0 1=
3. 0
1 4
3
Purpose
0 4
Date
Olher Exprnscs
03/19/2012
SAVA-EG SAVA-Sac
SAVA-Sac GCC
She Vish LDA Week 111
03/20/2012
SAVA-EC SIhl Cenier SAVA-Sac
SIM Center SAVA-Sac CCC . SIM Center SAVA-EG SAVAEG SIM Cenier SAVA.Sac SAVA-Sac SAVA-EG SAVA-Sac
SileViih SheVlsh GCC Boitd Meeting SheVish She Vish SheVish Shevlsli SheVish SAVAInforrTalCotreowllhlheSuperlnteniierit SheVlsh SiteVish ; \ I'l.-* V r:;-;'--^;j J..>' .iUU tk "i. '-^^ '
Toial Miles 10.3
+*2 / , 3
03/21/2012
SAVA-Sac SIM Center
H3T
,Y
03/J2/2O12
GSUL SAVA-EG SIM Center
rttf 9 _ i.f
03/23/2012
GCC SAVA-Sac
10J lOJ A ..., . .
03/26/2012
SAVA-EG
03/27/2012
SAVA-EG GCC
GCC . SIM Cenier SIM Cenier SAVA.EG SAVA-EG SIM Center SAVA-Sac
Budget nrsonthly meetlrsg SheVlsh SiieVish Site Vish
\ ' "\ QT^h'r\'' "r 1 ' * L U J L
*Î'-^.U
10J
03/2B/20I2
SAVA.Sac SIM Cenier
03/2/2012
GCC SAVA-EG S M Center
SAVA CTE programs and mablculatlon into ARC SIteVish SIteVUh
^7-1.y */. 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
III II I I I I I I I I
IIII 11
11^(
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 J S
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 Plaintim pg^,, j^g^j.
For CoSBsc Only:
Courl Numlier
Defendant: Gateway Community Charters, a California corporation
State Case Nunilicr
ORDER, DECISION OR AWARD OFTHE LABOR COMMISSIONER
08 - 69786 JS
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 for wages (with lawful deductions) 0.00 for liquidated damages pui^suant to Labor Code Section 194.2 217.22 llcimbursable business expenses
s
S
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 onci that same shrill not he siihjecl to payroll or other (hdiiction,<i. for penalties pursuant to Labor Code Section 203.1 wliich shall not be subject lu payroll or other rleciuctirjns. other (specify):
11,759.10
0.00 0.00
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 BY: Sacramento, CA 9.S8I4 HEARING OFFICER Stephen Franck
s s s
D.ATED: October 14, 2013

IJ1..SI:" ^.T.^ (Kc\-. 1/12) 0R1)1:R. DliCI.SION OU .^WAUD 01" Tl 11.; LABOR COMMISSIONI.iR L.C ')S
BEFORE THE LABOR COMMISSIONER

1
OF THE STATE OF CALLFORNIA

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
Page 1 Case No. 08-69786 JS 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. GATEWAY COM.MUNITY CHARTERS, PAULMAAS. )
Plaintiff
CASE NO. 08-69786 .IS ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER
a Califomia corporation,
Defendant
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 piêsented, the Labor Commissioner hereby adopts the following Order, Decision or Award.
1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22
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
23
over 28 days during the 6-week period of April 23, 2012 to May 31, 2012. Plaintiff did nol drive his
24
personal vehicle for work purpo.ses during the period of April 18. 2012 to April 22, 2012. Defendant
25 26
" I'loni the payroll record and academic calendar siruniitied In Del'eiuiant at llic hearini;.
27
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:
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 accruefi-omthe 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.
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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 l o i i m g A u i h o r i i y 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.
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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 exemptfi-omPlaintiffs 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).
20
Defendant discharged Plaintiff on June 1, 2012. Labor Code Secfion 201 provides thai if an
21
employer discharges an employee, the wages eai-ned and unpaid at the time of discharge are due and
22
payable immediately. Defendanl discharged Plaintiff on June 1, 2012. Plaintiff received his final
23
wages on .Tuly 2, 2012, more than 30 days after his date of discharge. Defendant's failure to pay
24
final wages to Plaintiff on June 1, 2012 violated Labor Code Section 201.
25
Education Code Section 45040 provides:

26 27
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(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
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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 waês of SS2.313.(10 eanieo over 210 paid days = S391.97.
27
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, Gneîfl 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 n r 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
S T A T EC A S EN U M B E R :0 8 6 9 7 8 6J S
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 206 Hill Street Grass Valley, CA 95945 [ ] State Labor Commissioner 2031 Howe Avenue, Suite 100 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

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Haas v. Gateway Community Charters

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

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

October 21, 2013

,is given and filed pursuant to Labor Code Section 98.2.

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

STATE LABOR COMMISSIONER

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

Paul Haas 206 Hill Street Grass Valley, CA 95945

Defendant: Gateway Community Charters, a California corporation

State Case Number

NOTICE OF PAYMENT DUE

DATED: October 14,2013

DLSE 550 (Rev. I/II)

NOTICE OF PAYiVIi:;N'r DUE

Defendant; Gateway Community Charters, a Califomia corporation

State Cast- Number

ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER

niictsiON OR .'\WAROOI- TIiii LAUOR C-OMMISSIOKM.-;K

BEFORE THE LABOR COMMISSIONER OF THE STATE OF CALIFORNIA

GATEWAY COMMUNITY CHARTERS,

LEGAL ANALYSIS Labor Code Section 2802 provides:

Page 3 Case No. 08-69786 JS

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

Education Code Section 45040 provides:

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

DLSE 544/DEF. A'lTY. (3/06)

REPLY TO SACRAMENTO OFFICE

LISA A. CORR JERRY W. SIMMONS CHASTIN H. PIERMAN

VIA: HAND DELIVERY

KIMBERLY RODRIGUEZ ANDREA C. SEXTON

JANELLE A. RULEY ANDREW G. MINNEY

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

220(6) EXEMPTS PUBLIC AGENCIES SUCH AS GCC

school from wage payment/penalty requirements. to hear the Plaintiffs claim.

Thus, the DLSE does not have jurisdiction

GCC THIRTY (30) DAYS IN WHICH TO PAY THE

Attachments cc: Cindy Petersen, Superintendent/CEO Gateway Community Charters

Business Entity Detail

Privacy Statement | .Free Documen^^^ Copyright 2013 California Secretary of State

'^'^^jce ofthe Secretary oVsn of the Stale of California

KEVIN SHELLEY '

^-^^^-O^ Allen Wayne Warren Incorporator

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

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

state of California Secretary of State

DEBRA BOWEN Secretary of State

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

INTERNAL REVENUE SERVICE P. 0. BOX 2508 C I N C I N N A T I , OH 45201

Date: JAN 1 t 2 0 0 5 GRANT COMMUNITY CHARTERS 52 01 ARNOLD AVE MCCLELLAN, CA 95652

GRANT COMMtJNITY CHARTERS

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 Corporation June 30 25359A'i

Self Serve Entity Status Letter - Entity Search Summary

!.s.^^v FRANCHISE TAX BOARD

Entity Status Letter

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

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

FTB 4263A WEB (NEW 02-2012)

cACjiipi >^rgaiiizauuni> iseieci unecK

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