SAN JOAQUIN COUNTY BOARD OF SUPERVISORS COMMUNICATIONS

GENERAL GOVERNMENT - May 20,2014

FROM SUBJECT PROPOSED ACTION I. Ulysses S. Madison, SEm 1021 Board of Supervisor Complaint on Behalf of I. COB to receive and file.

Representative. Diane Gartner for Violation under MOU 2. Copy to HR Director for Section 1.3, Employee Rights - Employer- appropriate action. Employee Relations. 3. Copy to CAO and CC.

2. Caren Woodson, Associate Government Notice of Proposed Regulatory Action Relating I. COB to receive and file. Program Analyst, California Fish and Game to Upland Game Bird. 2. Copy to Agricultural Commission. Commissioner for

information. 3. Copy to CAO and CC.

3. Ulysses S. Madison, SEm 1021 Notice of Fonnal Board of Supervisors Charges I. COB to receive and file. Representative. Filed Against BHS Management in Accordance 2. Copy to HR Director for

with MOU Section I. Employer-Employee appropriate action. Rights and Responsibilities. 3. Copy to CAO and CC.

4. Daniel J. Schroeder, Attorney at Law, Reclamation District No. 828 Trustee Vacancy. I. COB to receive and file. Neumiller & Beardslee. 2. Copy to ROV for

information. 3. Copy to CAO and CC.

5. Shabbir A. Khan, Treasurer & Tax Collector, San Joaquin County Treasury Balance as of I. COB to receive and file. San Joaquin County. 4-30-2014. 2. Copy to CAO and CC.

6. Shabbir A. Khan, Treasurer & Tax Collector, San Joaquin County Treasury Balance as of I. COB to receive and file. San Joaquin County. 3-31-2014. 2. Copy to CAO and CC.

7. Ulysses S. Madison, SEm 1021 Public Works Department - No Remedy to I. COB to receive and file. Representative. Formal Complaint Filed Under MOU Section 2. Copy to HR Director for

1.3 Employee-Employer Relations Policy for appropriate action. Mr. Dereck Lee, Utility Worker. 3. Copy to CAO and CC.

LOCAL 1021

SEIU Stronger Together Roxanne Sanchez President'

Crawford Johnson Region A

Tom Popenucl< Region B

Gary Jimenez Region C

larry Bradshaw Region 0

Marcus Williams Region E

Pamela Holmes~Morton

Secretary

Pau l Camari llo Treasurer

'<aren Joubert Vice President of Representation

A lysabeth A lexander Vice President of Polirics

Ramses Teon~Nicho ls

Vice President of Organizing

Executive Board Priscilla Agbunag Pete Albert Nancy Atwell Akbar Bibb Derrick Boutte Gina Castillano Gayle Ciladwick Gregory Correa Evelyn Curiel Rhea Davis Karla Faucett David Fleming Nancy Ghanim Cynthia Landry Andrea Longoria Renata Pena Patricia Reynolds Mercedes Riggleman Va/oria Russell-Benson Eric Stern Renita Terry Denis Vil lanueva Erika Watkins Jim Wise

BOARO OF SUPERVISORS

HAND DELIVERED MAY 07 2014

RECEIVED May 6, 2014

Vic Singh, Director Behavioral Health Services

Division: Mental Health Services 1212 California Street Stockton, CA 95202

Board of Supervisors 44 North San Joaquin Street, Ste. 627 Stockton, CA 95202

SJC BOARD OF SUPERVISORS COMMUNICATIONS #---.:::.=L=--__ Category 6e Board Meeting Date

Re: Board of Supervisor Complaint on behalf of Diane Gartner for Violation under MOU Section 1.3, Employee ' Rights - Employer-Employee Relations

Dear Gentlemen:

This letter shall serve as a formal Complaint filed under MOU Section 1.3. Employee ' Rights - Employer-Employee Relations with the Board of Supervisors charging Accounting Supervisor

Kimberly Englent and Accounting Manager Damon Thompson with committing acts of Intimidation and Reprisal against Account Technician Diane Gartner.

Ms. Galtner was assigned from her regular assignment in the Accounting Department. She was to temporarily cover an accounting position in the Pharmacy in the Behavioral Health Services, Mental Health Division, to be trained and cover for an

Account Technician that was leaving on a medical leave.

When notified of this assignment, Ms. Gartner asked why she was being assigned to the Pharmacy when there was another

Account Technician that worked with her who used to work in this department and was familiar with business in this

Executive Board Budget & Finance Committee Tlleresa Breakfield Kathryn Cavness TIna Diep Rictlard Greenwood Doug M.:lrf Julie Meyers Peggy 1....:1 Ross'] Paul little Nadeen ROilCll

4226 CoronaeJoAvc . • Siockton, CA 95204-2328 • 209-46 1-7720 • Fax 209-461 -0574

Service Employees International Union CtW, CLC • W'NW.seiu J 02 1 .org

Vic Singh, Director of Behavioral Mental Health Board of Supervisors Re: First Complaint on behalf of Damon Thompson for Violation tmder MOU Section 1.3, Employee' Rights - Employer-Employee Relations May 6, 2014 Page 12

Department. She was simply informed at that time that she was being reassigned and was provided no reasoning.

Ms. Gartner reported to the Pharmacy when she was scheduled to do so and began her training. At no time prior to the person leaving for their medical leave who was training her, informed her

that she was doing a bad job. In fact, she was informed that she was doing a great job.

On April 1,2014 Ms. Gartner was pulled from the Pharmacy assignment and shortly thereafter

was asked to attend a meeting with her immediate supervisor Ms. Englent. Also in attendance at this meeting was Account Manager Mr. Thompson. In this meeting Ms. Gartner was provided a memorandum from her supervisor that constitutes "Intimidation" in that it contained infOlmation that Ms. Gartner heard of for the first time. The Memorandum contained information that allegedly came from a third party and Ms. Gartner was never informed of who provided the

information that they were using against her. It also contained very broad statement about Ms. Gartner's job performance "completely failing to perform the functions of her assigned job" and

it made reference to the word "Bitch" that allegedly Ms. Gartner used in a conversation with the person that was training her that described how a manager acted when entering her work area.

The act of issuing Ms. Gartner the derogatory memo was an act of reprisal as a result of the person training her informing someone ofthe use of this word towards the behavior of the manager.

On April 9, 2014 at 1 :30 pm Ms. Gartner and I went into a meeting with Ms. Englent and Mr. Thompson wherein they refused to answer any questions from Ms. Gartner and me concerning the information contained in the Memorandum, verifying what she was being accused of doing, substantiating the broad statement of "completely failing to perform her job", and who informed them of the use of the word "Bitch".

In refusing to answer any of our questions or to substantiate anything noted against Ms. Gminer, we were informed that they would take into consideration what we stated in the meeting and that we would meet again where we would receive the information we sought and responses to our questions.

On April 24, 2014, Ms. Gartner received an email from Ms. Englent stating that they were not going to meet with us again and that the letter would not be removed from Ms. Gartner's file.

Vic Singh, Director of Behavioral Mental Health Board of Supervisors Re: First Complaint on behalf of Damon Thompson for Violation under MOU Section 1.3, Employee' Rights - Employer-Employee Relations May 6, 2014 Page 13

Making a broad unsubstantiated statement concerning Ms. Gartner'sjob performance, bringing concerns up for the first time and failing to engage in any dialogue in a formal meeting concerning her job performance which will impact her Employee Performance Evaluation,

failing to substantiate anything related to her job performance and other comments made against her, and failing to identify who made comments concerning Ms. Gmtner is totally intimidating

and an act of reprisal.

It is the Union's request that this matter be heard in accordance with MOU Section Employee' Rights - Employer-Employee Relations.

Sincerely,

y,,~~~~ SEIU 1021 Representative

cc: Diane Gartner

US M: ead/LtrVSi ngh B05050614/ ope i u 29 :afl-cio

Commissioners Michael Sutton, President

Monterey Jack Baylis, Vice Pres ident

Los Angeles Jim Kellogg , Member

Discovery Bay Richard Rogers , Member

Santa Barbara Jacque Hostler-Carmesln, Member

McKinleyvi lle

STATE OF CALIFORNIA Edmund G . Brown Jr. , Governor

Fish 'and Game Commission

~ May 6,2014

SJC BOARD OF SUPERVISORS COMMUNICtJIONS #--=~:..::-__ Category q~ Board Meeting Date S i ~ 1'*

TO ALL INTERESTED AND AFFECTED PARTIES:

Sonke Mastrup, Executive Director 1416 Ninth Street, Room 1320

Sacramento, CA 95814 (916) 653-4899

(916) 653-5040 Fax

www.fgc.ca.gov

BOARD OF SUPERVISORS

MAY 08 20 14

RECEIVED

This is to provide you with a copy of the notice of proposed regulatory action relative to Sections 300 and 708, Title 14, California Code of Regulations, relating to upland game bird, which will be published in the California Regulatory Notice Register on May 9, 2014.

Please note the dates of the public hearings relate to this matter and associated deadlines for receipt of written comments.

Mr. Scott Gardner, Department of Fish and Wildlife, phone (916) 801-6257, has been designated to respond to questions on the substance of the proposed regulations.

Sincerely,

Caren Woodson Associate Government Program Analyst

Enclosure

TITLE 14. Fish and Game Commission Notice of Proposed Changes in Regulations

NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by sections 200, 202, 203 and 355, of the Fish and Game Code and to implement, interpret, or make specific sections 200, 202, 203.1, 215,220,355, and 356 of said Code, proposes to amend Section 300, Title 14, California Code of Regulations, relating to Upland Game Birds.

Informative Digest/Policy Statement Overview

Current regulations in Title 14, California Code of Regulations (CCR) provide general hunting seasons for taking resident and migratory upland game birds under Section 300. The Department is recommending six regulation changes under this section as follows:

1. Adjust annual number of sage grouse hunting permits by zone.

Current regulations under subsection 300(a)(1 )(D)4. provide a number of permits for the general sage grouse season in each of four zones. At this time the Department has proposed a range of permits specific for all four hunt zones. The final permit numbers will be proposed in June after spring lek counts are completed and annual population data are analyzed. Permit ranges for sage grouse hunting in 2014 are recommended as follows:

East Lassen: 0-50 (two-bird) permits Central Lassen: 0-50 (two-bird) permits North Mono: 0-100 (one-bird) permits South Mono: 0-100 (one-bird) permits

2. Administrative changes to subsection 300(a)(1 )(D)5. to reflect the Department's change to application procedures for sage grouse permits under the new Automated License Data System (ALDS).

3. Establish a longer general archery season for pheasants.

Current regulations provide for a 23-day early pheasant archery season under subsection 300(a)(2)(A)1.a. and a 44-day general pheasant archery season under subsection 300(a)(1 )(A)1.b .. The proposed regulation re-establishes a later pheasant archery-only season, and extends the season for 28 days, to allow for hunting opportunity both before and after the general pheasant season. However, archery equipment cannot be used on Type A and B wildlife areas during the pheasant and waterfowl seasons per subsection 551 (b)(6).

NOTICE IS ALSO GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the Hilton San Diego Mission Valley, at 901 Camino Del Rio South, San Diego, California, on Wednesday, August 6, 2014, at 8:30 a.m., or as soon thereafter as the matter may be heard. It is requested, but not required, that written comments be submitted on or before July 24,2014, at the address given below, or by fax at (916) 653-5040, or bye-mail to FGC@fgc.ca.gov. Written comments mailed, faxed or e-mailed to the Commission office, must be received before 5:00 p.m. on August 1, 2014. All comments must be received no later than August 6, 2014, at the hearing in San Diego, California. If you would like copies of any modifications to this proposal, please include your name and mailing address.

The regulations as proposed in strikeout-underline format, as well as an initial statement of reasons, including environmental considerations and all information upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Sonke Mastrup, Executive Director, Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244-2090, phone (916) 653-4899. Please direct requests for the above mentioned documents and inquiries concerning the regulatory process to Sonke Mastrup or Caren Woodson at the preceding address or phone number. Scott Gardner, Department of Fish and Wildlife, phone 916-801-6257, has been designated to respond to questions on the substance of the proposed regulations. Copies of the Initial Statement of Reasons, including the regulatory language, may be obtained from the address above. Notice of the proposed action shall be posted on the Fish and Game Commission website at http://www.fgc.ca.gov.

Availability of Modified Text If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15-day comment period, and the Commission will exercise its powers under Section 202 of the Fish and Game Code. Regulations adopted pursuant to this section are not subject to the time periods for adoption, amendment or repeal of regulations prescribed in Sections 11343.4, 11346.4 and 11346.8 of the Government Code. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein.

If the regulatory proposal is adopted, the final statement of reasons may be obtained from the address above when it has been received from the agency program staff.

Impact of Regulatory Action/Results of the Economic Impact Analysis The potential for significant statewide adverse economic impacts that might result from

(g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under Part 7 (commencing with Section 17500) of Division 4, Government Code: None.

(h) Effect on Housing Costs: None.

Effect on Small Business It has been determined that the adoption of these regulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code sections 11342.580 and 11346.2(a)(1).

Consideration of Alternatives The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Dated:

FISH AND GAME COMMISSION

Sonke Mastrup Executive Director

LOCAL ;,0ZI

SEIU Stronger Together Roxanne Sanchez Pfcsidcnl

Craw ford Johnson Region A

Tom Popenucl< Region B

Gary Jimenez r~egjon C

larry Bradshaw Region D

Marcus W illiams Region E

Pamela Holmes-Morton Secretary

Paul Camari llo Treasurer

I(aren Joubert Vice President o f Representation

A lysabeth A lexander Vice President of Politics

Ramses Teon-Nichols Vice President of Organizing

Executive Board Priscilla Agbunag Pete Albert Nancy Atwell Akbar Bibb Derrick Boutte Gina Castillano Gayle Chadwick Gregory Correa Evelyn Curiel Rhea Davis Karla Faucett David Fleming Nancy Ghanim Cynthia Landry Andrea Longoria Renata Pena Patricia Reyno lds Mercedes Riggleman Valoria Russell-Benson Eric Stern Renita Terry Denis Vil lanueva Erika Watkins Jim Wise

BOARD DF SUPERVISORS 1-

MAY # 2014 HAND DELIVERED

RECEIVED May 1,2014 SJC BOARD OF SUPERVISORS

COMMUNICATIONS #~_~3L-__ CategOlY G fh ~

San Joaquin County Board of Supervisors 44 NOith San Joaquin Street, Suite 627

Stockton, CA 95202

Board Meeting Date 'AAa/AI

Re: Notice of Formal Board of Supervisor Charges Filed Against Behavioral Health Services Management in Accordance with Memorandum of Understanding Section

J. EMPLOYER-EMPLOYEE RIGHTS AND RESPONSIBILITIES (Sub-Section 1.3. (b) Employee 's Rights - Employer-Employee Relations)

Dear Honorable Board of Supervisors:

This letter shall serve as a formal Union Complaint filed in accordance with the above-referenced Memorandum of Understanding section due to the extreme violation of this section

of the contract by Behavioral Health Services (BHS) Manager Jackie Coulter and BHS Supervisor Kim Moreno for exhibiting extreme interference, intimidation, discrimination, and reprisal against Union Shop Steward Brenda King.

Intimidation and Discrimination

Union Shop Steward Ms. King has been "selectively" mandated/required to use her computer email system to notify her immediate Supervisor Ms. Moreno which is in turn monitored by Manager Ms. Coulter when she reports to work on a daily basis,

leaves for any daily assignment, leaves for restroom breaks, breaks, lunch breaks, breaks, and leaving work when she gets off of work. In essence, the computer system of San Joaquin County is being used as a time clock and a tool for severe violations as noted above with Ms. King.

Execu t ive Board Budget & Finance Committee Ttleresa Breakfield Ki:llllryll Cdvne~s TrniJ Diep I~i(hard Greenwood Doug Marr Julie Meyer'S Peggy Lei Rm~<l Pclul Little Nadeen Rooch

4226 Coronado Ave . • Stockton, CA 95204-2328 • 209-461-7720 • Fax 209-461 -0574

Service Employees Internarional Union Ow. CLC • www.seiu l 021 .org

San Joaquin County Board of Directors Re: Notice of Formal Board of Supervisor Charges Filed Against Behavioral Health Services Management in Accordance with Memorandum of Understanding Section 1. EMPLOYER­EMPLOYEE RIGHTS AND RESPONSIBILITIES (Sub-Section 1.3. (b) Employee's Rights­Employer-Employee Relations) May 1,2014 Page 12

The practice of using the County's computer system as a time clock is not a recognized or

sanctioned policy, procedure, nor serves as a beneficial practice in any other depmiment in San

Joaquin County other than BHS and in this case it has been sanctioned by BHS Human

Resources and is being used to discriminately monitor Ms. King's every move.

*It should be noted that IT personnel in BHS sent an email communication to BHS management

that the computers should not be used as time clocks for a myriad of reasons but Ms. Moreno,

Ms. Coulter, and BHS Human Resources has ignored this communication. As a direct result Ms.

King has been docked pay for allegedly being tardy in reporting to work, had these reporting's

noted in her Personnel Evaluations, loss merit grade pay, and has suffered much trepidation

when computers do not immediately open, malfunction, andlor do not reflect or capture the

COl1"ect time of any of her repOliing's.

Discriminate Use of Evaluations

BHS Supervisor Ms. Moreno and Manager Ms. Coulter have used the employee personnel

evaluation process as a tool to discriminately harass and discipline Ms. King.

In issuing the latest personnel evaluation to Ms. King on March 31, 2014, the evaluation was

developed in violation ofMOU Section II. EVALUATIONS AND PERSONNEL FILES,

Subsection 11.1 Employee Performance Evaluations. in that the evaluation was already prepared

when Ms. King was requested to attended her evaluation meeting without any prior notice. The

ratings on the evaluation were not discussed with Ms. King prior to finalization of each category

of the report as required under this MOU section when this evaluation was presented to her by

her supervisor.

Additionally, the evaluation issued has dates of Ms. King being tardy as a result of her computer

not booting up in a timely manner or other computer malfunctions. The times on the email

notifications to her supervisor was sent when possible which was later than her stmi time but the

late start time was used against Ms. King.

This same evaluation is also flawed in that it covers several months of her preceding evaluation.

San Joaquin County Board of Directors Re: Notice of Formal Board of Supervisor Charges Filed Against Behavioral Health Services Management in Accordance with Memorandum of Understanding Section I. EMPLOYER­EMPLOYEE RIGHTS AND RESPONSIBILITIES (Sub-Section 1.3. (b) Employee's Rights­Employer-Employee Relations) May 1,2014 Page 13

Finally, this same and most recent evaluation evaluated Ms. King for a period of time for which her evaluation was not due.

Although Ms. King noted the above flaws and contract violations in the meeting with her

reviewer (Ms. Moreno), it fell on death ears and did not result in the proper cOlTections being made.

Proper use of the Personnel Evaluation process involves it being used as an instrument to

improve employee work performance. It should note work skills and qualities where improvement may be needed, BUT it should also denote areas of work performance where the employee is performing well.

In reviewing Ms. King's most recent Personnel Evaluation, it denotes nothing positive!

Interference, Intimidation, Discrimination

For a period of nearly three (3) years, Ms. King has been required to report by email to her immediate supervisor her every move of her working day even after being instructed to comply

with a completing a daily Time Study. This requirement has been passed down through three (3) supervisors as a requirement for her job. This is extreme intimidation on a daily basis and has restrained Ms. King from fi'eely performing her daily work assigmnents as required by Ms.

Moreno and Ms. Coulter. Ms. King has suffered much trepidation and stress because of the harassment she faces on a daily basis.

The complainant in this matter Brenda King, cites that several years ago, she reported Manager Ms. Coulter as the source of her stress to EAP and this was noted in a report. Since making this assertion, Ms. King has been subjected to the above treatment which has resulted in the following, including but not limited to, damages to Ms. King:

• Loss of pay as a direct result of having to utilize her computer as a time clock.

• Loss salary compensation from being discriminately suspended.

• Loss of salary and benefits due her based on merit.

San Joaquin County Board of Directors Re: Notice of Formal Board of Supervisor Charges Filed Against Behavioral Health Services Management in Accordance with Memorandum of Understanding Section l. EMPLOYER­EMPLOYEE RIGHTS AND RESPONSIBILITIES (Sub-Section 1.3. (b) Employee's Rights­Employer-Employee Relations) May 1,2014 Page 14

• Extreme stress and mental trepidation resulting from the requirements placed on Ms. King by her employer.

• Disparate Treatment of Ms. King based on similarly situated County employees.

• Poor and elToneous ratings on her Personnel Evaluations.

It should be noted that on April 15, 2014, Ms. King was called into a meeting with her supervisor Ms. Moreno. Manager Ms. Coulter unbeknownst to Ms. King was also in attendance at this meeting. This meeting was requested of Ms. King on April 15, 2014 for coming into work the

morning of a scheduled day off to complete some work. When she contacted me to attend this meeting with her, I instructed her to reschedule the meeting due to my being in the Bay Area and not being available to meet. The employer was intransigent, failed to work in "Good Faith" and refused to reschedule the meeting to a subsequent date. However, the meeting was rescheduled

to another time on the same date which seriously inconvenienced me (i.e. Canceling business in order to attend this meeting).

In this meeting, supervisor Ms. Moreno, under direction of Ms. Coulter, refused to answer any of

my questions citing "We are not here to answer any of your questions." "We will not answer any of your questions." "Brenda needs to respond to our questions." After Ms. King responded to their questions, Ms. Moreno and Ms. Coulter left the room after they were informed they would be responding to the Board of Supervisors. Ms. Coulter's response was "That's it! This meeting is over!" They then left the room.

In briefing the meeting with Ms. King in the conference room we met in, Manager Ms. Coulter returned to the conference room and requested that we leave the room to allow it to be available for other staff. No other staff requested to use the conference room. However, as we were leaving the conference room, Ms. Coulter alTogantly offered the conference to people who were walking down the hallway and they declined the room offer and stated they did not need it.

You should note that there was no requirement in place for anyone to reserve the conference room we were meeting in.

San Joaquin County Board of Directors Re: Notice of Formal Board of Supervisor Charges Filed Against Behavioral Health Services Management in Accordance with Memorandum of Understanding Section I. EMPLOYER­EMPLOYEE RIGHTS AND RESPONSIBILITIES (Sub-Section 1.3. (b) Employee's Rights­Employer-Employee Relations) May 1,2014 Page 15

In summary, Ms. King has been and continues to be restrained, intimidated, discriminated against, and has suffered tluough years of oppression and reprisal from BHS Manager Ms. Coulter and most recently Supervisor Ms. Moreno in violation of her lawful right to work in a workplace under Title VII, the 1964 Civil Rights Act to be free of harassment, discrimination, reprisals, interference, intimidation and under her lawful right to work under the benefits of the collective bargaining agreement without suffering under violations ofMOU Section 1.3. Employees' Rights - Employer - Employee Relations.

Including but Not Limited to, Other Acts of Reprisal, Discrimination, Interference, and Intimidation

*2011-2013 Ms. King has been required to perform the work of two (2) employees without assigned relief.

*2011-2012 Ms. King not being allowed or being free to use the restroom.

*2011-2013 Supervisors not scheduling break coverage for Ms. King.

*2011-2013 Not being relieved for lunch breaks on numerous occasions.

It should be noted that the management tactics Ms. King has suffered under for several years has been supported by BHS Human Resources. At no time has BHS Human Resources stepped in to

stop any of the practices or mistreatment of Ms. King. She is being intimidated on a daily basis and restrained from freely performing her daily work assignments. Ms. Moreno and Ms. Coulter should be held accountable under the filing of this Complaint.

It is the Union's request that this Complaint be addressed in a public hearing of the Board of Supervisors and that all parties be subject to appearing before the Board of Supervisors to answer and respond to this Complaint.

San Joaquin County Board of Directors Re: Notice of Formal Board of Supervisor Charges Filed Against Behavioral Health Services Management in Accordance with Memorandum of Understanding Section 1. EMPLOYER­EMPLOYEE RIGHTS AND RESPONSIBILITIES (Sub-Section 1.3. (b) Employee's Rights­Employer-Employee Relations) May 1,2014 Page 16

The Union also requests that all management employees noted in this Complaint be held accountable for their actions and that all the noted violations noted in this Complaint be formally addressed and negative actions Ms. King is subjected to immediately cease and desist.

~~~S~~~ Ulysses S. Madison

SEIU 1021 Representative

cc: Vic Singh, Director of Behavioral Health Services (Personally Served) Brenda King Vickie Curnow Jennie Montoya

USM :ead/B HS LtrBOS0430 14/ opeiu 29: a fl-cio

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, , , (. 1 "" 'j.,r\" .',[1''1 J~ .",. ~

de BOARD OF SUPERVISORS ')MMUNICATIONS #---"l4,---

Neumiller & Beardslee .icgory 4GJ _ H)ard Meeting Date s 5lJ. 0 flL!

Ar!OR N EYS AN D COU NSELORS I [ST.1 90:i I I , I ---- - - - - A Pmj'ssirmn/ CfII'l'lJr,lIifllJ

73645-38848 Daniel J. Schroeder

509 West Weber Avenue

Fifth Floor S(OcI(fon. CA 95203

Posr Office Box 20

StocklOn, CA 95201-3020

(209) 948-8200

(209) 948-4910 Fax

NWMILI.ER.COM

836848-1

May I, 2014

San Joaquin County Elections Officials Registrar of Voters 44 N, San Joaquin St., Ste, 350 Stockton, CA 95202

Re: Reclamation District No, 828 Trustee Vacancy

To whom it may concern:

Please be informed that this office serves as legal counsel to Reclamation District No, 828 ("District"). I am writing on behalf of the District to notify you pursuant to Government Code Section 1780 of a vacancy on the District Board of Trustees ("Board") , Please be advised effective April 30, 2014, the trustee seat previously occupied by Kurt Sharp has been vacated by operation of law pursuant to Government Code Section 1770(g).

Pursuant to Government Code Section 1780, subdivision (d), the Board intends to fill the vacancy by appointment and the District will notify the County Elections Officials and County Board of Supervisors of that appointment.

Thank you for your attention to this matter. Please contact me if you have any questions.

DANIE J. SCHROEDER Attorney at Law

DJS/KCKlect

cc: San Joaquin County Board of Supervisors Board of Trustees, RD 828

OFFICE OF SHABBIRA. KHAN San Joaquin County

Treasurer & Tax Collector P.O. Box 2169

Stockton, CA 95201 Tel (209) 468-2133 Fax (209) 468-2158

SJC BOARD OF SUPERVISORS COMMUNICb,TI NS #--=::5::::...-_ _

Category ~-"q:::::!-,'o=:L--:::c-r~-=-r.:T Board Meeting Date ~~~=~'-+

SAN JOAQUIN COUNTY TREASURY BALANCE April 30, 2014

BOARD OF SUPERVISORS

MAY 08 2014

RECEIVED

If Shabbir A . Khan, Treasurer, County of San Joaquin, State of California, do hereby certify that on this 30TH day of APRIL , 2014 the books of said County showed that there was $2,043,388,073 . 09 TWO BILLION , FORTY THREE MILLION, THREE HUNDRED EIGHTY EIGHT THOUSAND, SEVENTY THREE DOLLARS AND NINE CENTS in the Treasury as follows:

Currency and Vault

Investments : (See Attached)

Bankers Acceptance Commercial Paper Repurchase Agreements L. A.I. F . Federal Agencies Certificates of Deposit Medium Term Notes California Go Refunding Bonds California Revenue Anticipat ion Notes BOTW Money Market Plus BOTN Sweep

BOTN Treasury Bank Balance-Excludes dep-no CAPS

TOTAL TREASURY BALANCE :

'freasurer & Tax Collector

$73,726 . 20

$0.00 $91,495,755.41

$0.00 $50,000,000.00

$1,645 , 401 , 973 . 89 $0 . 00

$40,150,679 .99 $86 , 189 ,4 98 . 06

$0 . 00 $24 ,9 90 , 000 . 00 $70,924,762.00

$34,161,677.54

$2,043 , 388 , 073 . 09

~~

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OFFICE OF SHABBIR A. KHAN San Joaquin County

Treasurer & Tax Collector BOARD OF SUPERVISORS

MAY 01 20 14 P.o. Box 2169

Stockton, CA 95201 Tel (209) 468-2133 Fax (209) 468-2 158

RECEIVED SAN JOAQUIN COUNTY

TREASURY BALANCE March 31, 2014

SJC BOARD OF SUPERVISORS COMMUNICATIONS II ~ Calegory C-z ~ I Hoard Meeting Date 5);0;;'1

If Shabbir A. Khan, Treasurer, County of San Joaquin , State of California , do hereby certify that on this 31ST day of MARCH, 2014 the books of said County showed that there was $1,937,293,817.11 ONE BILLION, NINE HUNDRED THIRTY SEVEN MI LLION, TWO HUNDRED NINETY THREE THOUSAND, EIGHT HUNDRED SEVENTEEN DOLLARS AND ELEVEN CENTS in the 'freasury as follows:

Curre ncy and Vault

Investments : (See Attached)

Bankers Acceptance Commercial Paper Repurchase Agreements L . A . I.F . Federal Agencies Certificates of Deposit Medium Term Notes Ca l ifornia Go Refunding Bonds California Revenue Anticipation Notes Bank of the West Money Market Pl us WF Sweep BOW Sweep

WF Treasury Bank Balance-Excludes dep- no CAPS BOTW Treasury Bank Balance-Excludes dep- no CAPS

TOTAL TREASURY BALANCE :

Treasurer & Tax Collector

$113 , 984 . 55

$0 . 00 $92,992,510 . 83

$0 . 00 $50,000,000 . 00

$1,555,125,721. 93 $0 . 00

$40,167,946 . 66 $86,195,855.36

$0.00 $24,990,000.00

$0 . 00 $32,052,948 . 25

$0 . 00 $55,654,849.53

$1,937,293,817 . 11

LOCAL 1021

SEIU Stronger Together

Roxanne Sanchez President

Crawford Johnson Region A

Tom Popenuc/< Region B

Gary Jimenez Region C

larry Bradshaw Region D

Marcus Williams Region E

Pamela Holmes-Morton Secretary

Paul Camarillo Treasur"er

I<aren Joubert Vice President of Representation

A lysabeth A lexander Vice President of Politics

Ramses Teon-Nichols Vice President of Organizing

Executive Board Priscilla Agbunag Pete Albert Nancy Atwell Akbar Bibb Derrick Boutte Gina Castillano Gayle Chadwick Gregory Correa Evelyn Curiel Rhea Davis Karla Faucett David Fleming Nancy Ghanim Cynthia Landry Andrea Longoria Renata Pena Patricia Reynolds Mercedes Riggleman Valoria Russell-Benson Eric Stern Renita Terry Denis Villanueva Erika Watkins Jim Wise

BOARD OF SUPERVISORS

CERTIFIED MAIL - 7012 1010 0003 2854 0149 MAY 1 32014

RECEIVED May 12,2014

San Joaquin County Board of Supervisors 44 N. San Joaquin Street, Ste. 627 Stockton, CA 95202

SJC BOARD OF SUPERVISORS COMMUNICATIONS #~7~-­Category --lC.'t-"'4'f::::-- --=-=---r:-,--­Board Meetfng Date . 'tjJoj/i

Re: Public Works Department - No Remedy to Formal

Complaint Filed Under MOU Section 1.3 Employee ­Employer Relations Policy for Mr. Dereck Lee, Utility

Worker

Dear Board of Supervisors:

On January 15,2014, SEIU Locall021 filed a Complaint under the Memorandum of Understanding Section noted above. In accordance with processing this Complaint, HR Director Cindy

Clays convened a meeting between department representatives and the Union to attempt to remedy the Complaint in

February 2014.

Since the above meeting occurred and the department engaging in months of off-and-on investigation, there has been no substantive remedy to the Complaint. Based on what I have been

informed, the department substantiated each and every reported violation of State and Regulatory Agency laws that were reported by Shop Steward Dereck Lee. In fact, since the filing of the Complaint, there has been a "Sink Hole" occurrence and a

"Confined Space" violation which have both been verified. Both incidents occurred because of the on-going nature of institutionalized violations of State and Regulatory Agency statutes.

Executive Board Budget &. Finance Committee Theresa Breakfield Kathryn Cavness TIna Diep Richard Gr-eenwood Doug Marr Julie Meyers Peggy La Rossa P~lul LiUle Nadeen Roach

4226 Coronado Ave .• Stockton, CA95204-2328 • 209-4 61 -7720 • Fax 209-46 1-0574

Service Employees Internation~il Union CtW, CLC • wwwseiul 02 I .org

San Joaquin County Board of Supervisors Re: Public Works Department - No Remedy to Formal Complaint Filed Under MOU Section 1.3 Employee - Employer Relations Policy for Mr. Dereck Lee, Utility Worker May 12,2014 Page 12

The significance of the violation of State and Regulatory Agency statutes is that each violation constitutes as a felony offense, in addition the County could be levied stiff fines resulting from the violations. There have been a minimum 15 violations that have been noted and repOlied to the Depmiment. The County managers/supervisors who are culpable for knowingly violated

statutes have not been held accountable; and just as recent as last week, the Complainant Dereck Lee has been subjected to further acts of reprisal and intimidation by Utility Division Foreman Ron Rail. From the date this Complaint was filed, there has been absolutely no accountability for making the Complainant in this case whole. Shop Steward Dereck Lee has been subjected to years of verifiable, reprisals, coercion, intimidation, and other noted hostile acts as noted in

Memorandum of Understanding, Section 1.3. Employees' - Employer-Employee Relations, sub. sec. (b) with no remedy. In fact, failing to take immediate remedial actions has only emboldened

individuals that m'e culpable of committing the acts against the Complaint and ultimately responsible to knowingly allowing the violations of State and Regulatory Agency statutes.

A major problem that exists in processing this Complaint is that this Complaint has been

investigated internal to Public Works. There has been no outside intervention or outside investigator assigned to investigate this Complaint. How can someone that would also be in violation of State and Regulatory Agency statutes be assigned to conduct an internal investigation. Essentially, he would be investigating himself and would certainly have a motive to not take the correct actions necessary to address and remedy the Complaint.

The bottom line to addressing this Complaint is that no one in authority at the Department of Public Works has done anything to remedy the Complaint as it relates to the years of hostile acts

committed against Dereck Lee.

No one has even asked Dereck Lee or the Union what Dereck. Lee would accept to remedy the

Complaint.

The Union in this case is requesting a public hearing to address and remedy the Complaint before the Board of Supervisors and/or the assignment of a hearing officer as soon as possible upon receipt of this correspondence.

San Joaquin County Board of Supervisors Re: Public Works Department - No Remedy to Formal Complaint Filed Under MOU Section 1.3 Employee - Employer Relations Policy for Mr. Dereck Lee, Utility Worker May 12,2014 Page 13

Respectfully, your immediate response is requested.

Sincerely,

Ulysses S. Madison SEIU 1021 Representative

cc: Thomas Gau, Director of Public Works (CERTIFIED MAIL - 7012 1010 0003 2854 0156)

Jim Stone, Deputy Director of Operations Lolita Pearson, Safety Officer of San Joaquin County Bill Petrone

Chery I Harris Mike Fouch Dereck Lee

USM:eadjPWltrBOS051214/opeiu29:afl-cio