; A Peralta Community College District notice explaining the rationale behind Jennifer Lenahan's firing
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A Peralta Community College District notice explaining the rationale behind Jennifer Lenahan's firing

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A Peralta Community College District notice explaining the rationale behind Jennifer Lenahan's firing.

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									Peralta Community College District
333 East Eighth Street • Oakland, California 94606 • (510) 466-7200

September 8, 2009 (Received by Beeson, _________ & Bodine, September 10, 2009) Sent via U.S. Mail & Certified Return Receipt No. 7004 1160 0007 3368 7793 Jennifer Lenahan RE: Notice of Intent to Terminate Dear Mrs. Lenahan: This letter will serve as a Notice of Intent to Terminate (Notice) for cause as documented for the period of July 24 2007 through August 24, 2009. This Notice is issued pursuant to The California Education Code, Sections 87667, 87732 (a) Immoral and unprofessional conduct, (b) Dishonesty (c) unsatisfactory performance (f) Persistent violation of or refusal to obey the school laws, of the state or reasonable regulations prescribed for the government of the community colleges by the board of governors or by the governing board of the community college district employing him or her. Also, the letter is issued pursuant to Peralta Community College District's Board Policy 3.56, which states that the dismissal of a confidential employee shall be for cause, in conformance with applicable Education Code sections.

SCOPE OF THE DISTRICT INVESTIGATION:
The investigation that preceded the issuance of this letter arose as a result of complaints of separate acts of inappropriate conduct that were reported by District employees Sadiq Ikharo, Vice Chancellor of General Services; ________ and _______. As a result of these complaints, the District elected to conduct a neutral, full and fair investigation of the allegations brought forth by these employees. During the investigation, new issues of possible inappropriate conduct arose that, in the opinion of the District, also merited further investigation. On July 22, 2009 you were placed on paid administrative leave pending the outcome of this investigation. JENNIFER LENAHAN’S RESPONSES (Interlineated)

GENERAL Every allegation should be viewed from the perspective that this entire set of allegations is motivated by public embarrassment to Chancellor Harris and his friends (and employees fearful of the very type of retaliation which Ms. Lenahan is now experiencing) in the Administration. The embarrassment was caused by the publication of two newspaper articles by Matt Krupnick exposing alleged financial improprieties, including providing a no-bid contract to a friend and business associate of the Chancellor, Mark Lindquist for $930,000. The articles were published on July 12 and 13, 2009. The inquiries to the District by Mr. Krupnick occurred in the months between March and July 2009. Ms. Lenahan was the person who provided the public records to Mr. Krupnick and even though she was simply doing her job she is now being accused of disloyalty. The date of the first allegations (the “complaints” of Ms. _____ and Ms. _____) were 4 (four) days following publication of the articles! The entirety of the allegations against Ms. Lenahan, it should be noted, rests on the “testimony” of very interested “witnesses”. Each is either intimidated by Chancellor Harris or a friend of his. Dr. Ng is a good friend of the Chancellor’s and is on the Board of Center for International Trade Development, of which Chancellor Harris also served. Ms. Nguyen and Ms. Ulrich are similarly very close personal friends of the Chancellor and beneficiaries of the nepotistic system set in place by the Chancellor wherein many of the jobs given to those he favors are unofficially “created” and there are no job postings, competition or interviews for them.

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BACKGROUND SUPPORT INFORMATION: 1. You have been employed with the District for four years. You are currently employed as an Executive Assistant to the Vice Chancellor of Finance and Administration. During the three years you been in your current assignment, the Vice Chancellor oversaw Finance, Human Resources and Information Technology. This investigation has determined that this position is a unique one to the District as explained later in this report (See Exhibit B). As a result of interviews and reviews of relevant documents it was learned that this position has the following principal responsibilities: • Serves as Liaison between the Vice Chancellor, Board of Trustees, management staff, academic and classified staff, students, representatives of community agencies and the general public by relaying messages, answering questions, clarifying information, responding to requests, resolving problems, explaining District policies and procedures or referring callers to the executive or others. • Performs administrative support work to assure the District's compliance with the State Conflict of Interest policy and procedures. • In accordance with adopted Board policy, monitors the District's procedures for hiring Independent Contractors/Consultants. • Serves as Liaison to the Chief Negotiator; serves on all District Negotiating teams and takes notes; prepares drafts and final of collective bargaining contracts, including the coordination of printing, distribution and maintaining contracts on the District Website. • Captures and coordinates district-wide collective bargaining mandated cost claims. • Coordinates collection of student data for California Office of Tax Offset Program; submits student information to the State Chancellor's Office; sends letters to students. • Establishes and maintains complex, interrelated administrative and confidential filing systems and records. • Performs a wide range of advanced clerical duties. The job duties and responsibilities identified as unique to the Executive Assistant to Finance are: • Conflict of Interest - this responsibility includes maintenance of documentation from all managers and the Board of Trustees of all essential assets in their possession. This includes their stocks, real estate, etc. When any major decisions about contracts are made, the person in this position must maintain this information in a manner that permits the Vice Chancellor of Finance and Administration to monitor any potential or actual conflicts of interest. The incumbent in this position has knowledge and access of this extremely confidential information.

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• Tracking of Independent Contractors — this responsibility includes a record of approved contracts over $600.00. • Assist the Vice Chancellor of Finance and Administration with responsibilities over Human Resources — these responsibilities include access to sensitive information connected to all information maintained in Human Resources. • Access to all closed session agendas and interoffice mail — this responsibility includes access to extremely sensitive information, to include high visibility legal matters. 2. Thomas Smith as of the time periods of this investigation, is the Vice Chancellor of Finance and Administration 3. Thuy Thi Nguyen is the General Counsel for the District. 4. ________ 5. Sadiq Ikharo is the Vice Chancellor of General Services 6. Jon Banisadr is the Purchasing Manager for the District 7. Jeff Heyman is the Executive Director for Marketing, Public Relations and Communication. 8. Matt Krupnick is a reporter for the Bay Area News Group. 9.____________. 10. ____________ 11. _______ is an employee of the District. She was an applicant for the Staff Assistant job mentioned in item #1 under "Specific Violations of Conduct," below. 12. Jacob Ng is the Associate Vice Chancellor for International Affairs. SPECIFIC VIOLATIONS OF CONDUCT 1. On or about July 16, 2009, _____ and __________ came to the District Employee Relations Office and reported that earlier that morning you came to the Chancellor's Office and with your arms flailing; you made some inappropriate comments directed at __________. As you are aware, _______ was on the hiring committee for a Staff Assistant position. According to ________, you were upset with the hiring committee because an associate of yours, _________, was not selected to go to the second stage of the interview process for the position of Staff Assistant. A fair and objective investigation of your behavior determined that you made the following statements, "What's this fricken place doing? How could she (_________) not make the cut?" You then asked _________, "Was _________ on the list?" When _________ explained to you that she could not give you an answer, you then said sternly "It better not be _________." _________ reported that your last comment felt threatening and was intimidating. Jacob Ng, the Associate Vice Chancellor for International Affairs reported that he witnessed the confrontation and that he observed that "_________ panicked and she was visibly frightened..." This investigation determined that you were inappropriately interfering with what was found to be a confidential hiring process that followed 4

acceptable hiring procedures. _________ also observed the subject exchange between you and _________. _________ and _________ reported that your comments upset and humiliated them to the extent that they felt it necessary to report it in the form of a complaint to the Employee Relations Office. In your role of a confidential employee, your conduct and behavior was inappropriate, unprofessional and were viewed as a violation of confidentiality (See Exhibit N), a major component of your job. Sections 87667, 87732 (a) (f) RESPONSE: Ms. Lenahan acknowledges she expressed concerns about the hiring of _________. She also acknowledged asking about whether _________ had applied for the position. She had no negative feelings toward _________ and did not express any (as she is characterized as having done and in so doing intimidated her colleagues). She spoke to Ms. _________ without knowledge that she was on the hiring committee. The reason she shared her concern was that this was now the third person in the same position (the others were _________ and _________) who was summarily dismissed and came to her office in tears. This was the third person in a row who had been encouraged to apply for the position, been given nothing but positive feedback about their performance but, without reason being given, had been told they were terminated. She had become friendly with each as they shuffled in and out of the job. She asked about what was going on with the position and Ms. _________ said she couldn’t talk about it. Ms. Lenahan did not flail her arms. She did not observe anyone in distress or fear of her. There simply was no “confrontation”. In fact, she and Ms. _________ walked out of the office arm in arm and chatting about the situation and other matters. She never heard of any complaint about her expression of concern until the interview of her a month later after her placement on administrative leave. Dr. Ng was not present in the Chancellor’s Office during the interaction to the best of Ms. Lenahan’s recall. Ms. Lenahan does not recall saying “What’s this fricken place doing?”. But with pretty good reason she acknowledges being upset. She was actually trying to speak with Ms. Epstein who was not in the office that day. She did not breach her duty to hold confidential matters confidential. She spoke to other similarly placed employees and did not reveal any matters that were not known already. Her comments and questions were not out of the ordinary for the type of communications she or such similarly placed employees would have. If it were inappropriate, she had never been so advised. She was not given any constructive suggestions as to corrective behavior or warnings or reprimands, verbally or in 5

writing, as one would expect if the policy of progressive discipline of the District was followed. There are no prior incidents alluded to and certainly none in her record. She did not lie. At the time of the interview after being on leave for weeks, she responded to the questions about the event which had allegedly happened a month before as best she could . 2. As s follow-up to incident #1 above, in interviews with you held on August 12, 2009, you.stated that while you recall the incident with _________ _________, you maintained that you did not make any of the comments that _________ reported you made, specifically: "What's this fricken place doing?...Was _________ on the List?...It better not be _________." On August 12, 2009 you stated that on July 16, 2009 you did walk into the Chancellor's office and approached _________, and then stated, "I don't understand why she (_________) did not make it. I thought you were happy with her." Based on your testimony, there was a dispute of fact between you and _________ of exactly what was said by you on the morning of July 16, 2009. Further investigation supported the credibility of _________'s testimony. This was determined in part by the fact that _________ was present and as a direct witness heard the comments made by you to _________. Further investigation also revealed that not only did Jacob Ng witness the confrontation but he also reported that on July 16th 2009, just prior to your walking over to the Chancellor's office from Finance, he heard and observed you making the following comments (in connection with the nonselection of _________) in the open area of the Finance Department, "These people are freakin nuts...I bet they are going to put _________ in it..." This investigation has concluded that Ng's observation again lends credibility to _________'s position of what you said to her. This investigation concludes that you were dishonest and did not tell the truth regarding what you said to _________ on July 16th, 2009 (as described in #1 above). Sections 87667, 87732 (a) (b) (f) RESPONSE: See Responses above (General and to #1) and particular attention should be given to the credibility of Dr. Ng. He is well known in the District for his willingness to curry favor with the Chancellor at any cost, apparently, in this case (throughout the allegations), at the cost of telling the truth. 3. It has been reported that you have made an inappropriate comment that continues to have a negative impact in the workplace. The specific example of such a comment occurred about two months ago. Jacob Ng reported that on or about June 13, 2009, he was standing in the open office area of the Finance Office and heard you state "Everybody hired at this District has something to do with the Chancellor." This is an 6

unfounded and untrue comment. While it may represent your opinion — to make such a statement in an open area, in front of other District employees negatively affects the morale of the staff and reflects negatively upon the Chancellor. This behavior is but another example of your inability to conduct yourself in a professional manner in your job. You are well aware of the resources available that you may report any practices that you feel are illegal, unfair, or inconsistent with District policy. However, your behavior in making such unfounded comments in the workplace is again unprofessional and will not be tolerated. Sections 87667, 87732 (a) (f) RESPONSE: As with many of the other allegations, it becomes apparent that the true reason for this disciplinary proceeding is retaliation for a perceived lack of loyalty to Chancellor Harris. While it may be true that Ms. Lenahan made comments about how many contracted parties are personally connected to the Chancellor, as she does recall having made such comments (though she was not asked about it during the investigation), she does not recall ever saying them in public places in a way that it would be heard by unintended listeners. She recalls making such a comment or comments in or about her office to other similarly placed employees and in particular to her supervisor Thomas Smith, as their office handles contracts and is responsible for their processing. Her expression of concern should not be the subject of discipline, but rather a subject of investigation by the school district. She made such comments also in her capacity as a concerned citizen and concerned employee looking out for the welfare of the school district as a whole, not for the personal benefit of the Chancellor, but such favoritism by the Chancellor could also be detrimental to his own interests as well. 4. On June 30, 2009 it was reported (See Exhibit C) and later confirmed by investigation that you gave a copy of a confidential memo regarding the lay off of a District employee to another employee that worked in the same department. This incident occurred in the Employee Relations Office, specifically in the Office of Karen Ulrich. The investigation confirmed that upon your entering the office you gave a copy to Karen Ulrich and told the employee (who was meeting with Ulrich at the time) "I guess I can let you see the letter." You then handed a copy of the letter to the employee. The employee wrote that she did not understand why you felt it necessary to give her a copy of such a confidential letter. The employee further wrote that she felt uncomfortable having such a sensitive document as it had nothing to do with her job duties and responsibilities and was none of her business. As a confidential employee reporting to the Vice Chancellor of Finance and Administration, you hold a higher degree of responsibility than other similarly situated employees. This incident underscores that you maintain what could be viewed as a cavalier attitude toward 7

confidentiality. This is unacceptable. Sections 87667, 87732 (a) (f) RESPONSE: Again one has to wonder why all these allegations suddenly arise after the embarrassment of the Chancellor in response to the public exposure of his favoritism through the Matt Krupnick news articles when there was no prior criticism, written or verbal, of Ms. Lenahan. It should be noted that no written or oral warning or reprimand or complaint followed this alleged unprofessional conduct and that the only written complaint alluded to – that of Ms. _________ in Exhibit C – was dated August 6th, five to six weeks after the horrible breach of professional duties. Why this delay? What suddenly caused this employee to feel uncomfortable enough to reduce her feelings to writing? Could it be that the employee in question did not originally perceive the communication quite so negatively as the written note seems to imply? If she did feel such an important breach of protocol had occurred why didn’t she report it earlier? Was she led to her horror at the breach by the investigator in this matter? By the Chancellor or the Chancellor’s loyal subordinates? Ms. Lenahan, for her part had never worked in an HR Dept wherein there was not the kind of open communication she was having concerning this particular matter. 5. In interviews with Vice Chancellor Sadiq Ikharo which was later confirmed by further investigation, it was determined that you, without authorization,. took it upon yourself to personally audit and investigate Ikharo's purchase of a cell phone and his request for reimbursement from the District. Ikharo reported that he requested and received approval from the Chancellor to purchase the phone, and did so with his own funds in late September of 2008. Ikharo then submitted his receipt for reimbursement to the District's Finance Office. Further investigation revealed you then commenced an investigation that included you calling John Banisadr (a direct report to Ikharo) into your office and then, as reported by Banisadr, you "tried to find something on him (Ikharo)." The investigation determined that Ikharo personally witnessed John Banisadr in your office. Upon Ikharo's questioning of Banisadr about the nature of his being in your office, it was learned that you requested that Banisadr come to your office for the purpose of investigating his boss' reimbursement request. The investigation further concluded that your manager, Thomas Smith, had not authorized this investigation. This investigation finds that the actions you took as described above are well outside the scope of your job description. Again, you are well aware of resources available for reporting practices you feel are illegal, unfair, or inconsistent with District policy. However, your personal decision to investigate a Vice Chancellor 8

(Ikharo) is totally inappropriate, unacceptable and represents a blatant disregard for procedures, policies and expected behavior of a confidential District employee. Sections 87667, 87732 (a) (1) RESPONSE: Ms. Lenahan did not “take it upon herself” to conduct an investigation. Accounts Payable (specifically Dianna York who handles District reimbursements) brought her a requisition for a $400 Apple IPhone. She had inquired about it because the payment was going directly to Vice Chancellor Ikharo and he himself had approved it. Ms. York wanted to know if another signature was required since this was the first time an employee had been purchasing a cell phone through, and being reimbursed by, the District. Ms. Lenahan did what she was supposed to. She went to her boss and he directed her to call Mr. Banisadr, Purchasing Manager, to see how to handle it. In the meanwhile to be safe Mr. Smith signed off on the requisition and it was paid as the external auditors have made it clear that there should be two different signatures, not just one, on these types of requisitions. It should be noted that District had a cell phone plan through T-Mobile, which was discontinued earlier this year, and employees were informed that they would receive a stipend reimbursement of $50.00 each month. There was no information regarding purchase of cell phones. 6. A District investigation concluded and confirmed reports that within the period of the past two years you have repeatedly and without cause held up contracts of Vice Chancellor Sadiq Ikharo resulting in him receiving complaints from the colleges and creating a hardship for his department. Specifically, it was confirmed that you were a "stumbling block to expedited work," (as reported by Ikharo) and that you deliberately held up his independent contractor requests. Vice President Ikharo and his Direct Report, John Banisadr testified that specific independent contractor requests were deliberately held up from processing. It was confirmed that you have privately and without authorization summoned Banisadr (a subordinate of Ikharo) to your office "to see if anything could be found on him (Ikharo)." Banisadr ultimately told you that, "I am not going to go behind Sadiq's back and help you find something on him." Again, instead of utilizing the known resources to report activities that you feel are inappropriate, you instead made the decision to exploit District time and resources to undertake your own unauthorized investigation of a Vice Chancellor. This behavior represents an abuse of your duties and responsibilities. Sections 87667, 87732 (a) (f) RESPONSE:

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Again , if this allegation is true and Ms. Lenahan has been “abusing her duties and responsibilities” over a two-year period, why is this the first time this matter comes to light? No prior written or verbal discipline, progressive or otherwise exists. Once again, the credibility of those few selected for the investigation must be weighed. Ms. Lenahan has heard many negative and fearful comments made by Mr. Banisadr about his boss, Dr. Ikharo. He is most likely afraid of retaliation should he not cooperate in this witch hunt. Ms. Lenahan denies singling out Dr. Ikharo for any special or negative treatment. Numerous contracts come through her office and it is her job (and that of her supervisor Tom Smith) to follow certain protocols which they routinely apply to all contracts and she can provide names of numerous departments that have suffered similar delays due to following those protocols in addition to the fact that Ms. Lenahan has many other duties in addition to the processing of contracts. Here are just a few of the names of individuals who have also had contracts held for either further information or incomplete paperwork. From BCC: Lynn Massey, _________ Cayton. From Laney: Mary Beth Benvenutti, Elnora Webb, Maisha Jameson, Lisa Watkins-Tanner, Christy Blue. From Merritt: Deans Anthony Powell and Rebecca Kenney, _________ Sanchez, Jacque Bell, Roger Toliver. From COA: Saundra Henry, Toni Cook, Connie Willis. From the District: Carmen Fairley, Carrie Burdick. Ms. Lenahan never “summoned” Mr. Banisadr to her office nor did she ever express a desire to find negative material “on him”. 7. It has come to the District's attention that sensitive and confidential information was inappropriately given to outside sources. The District has determined that substantial evidence exists to show that you have willfully exhibited conduct that has compromised and breached your responsibility for confidentiality. The District has further established evidence that you had a motive to want sensitive information given to outside sources likely to critical of the District based on documented testimony from Jeff Heyman, the Executive Director for Marketing, Public Relations and Communications. Heyman has testified that starting in October of 2008 he noticed your anger associated with the fact that District managers received raises and confidential and classified employees did not. Heyman did not remember your specific words but stated that in general you had a "penchant for mouthing off" about management decisions that you disagreed with. He stated that since March of 2008 he recalls at least three discussions that you initiated with him which he noticed the intensity of your anger and dismay grew to the point that he was compelled to report the matter to your manager, Thomas Smith. John Banisadr, Purchasing Manager for the District (See # Sand 6 above) reported that "Jennifer Lenahan is looking to get 10

back at people...and is looking to get back at my boss." In regard to a specific incident that occurred in March of 2009, the District received an information request from Matt Krupnick. Heyman stated that such "Public Acts" requests are not that unusual, a major request could come once every year. Heyman stated that the requests usually go to General Counsel, Thuy Nguyen and then come to him to coordinate the gathering of information. Heyman stated that while he maintained a great deal of the information requested, he added that you handle and maintain the files for Form 700 disclosures (see background information #1, second bullet). Heyman reported that once information is gathered a reporter usually will come to District and sit at a table and go through the documents. According to Heyman, typically when this occurs he is present with the reporter. Sometimes it may be he and yourself, other times it may be you and Thomas Smith, and sometimes you sit alone with the reporter. Heyman added that he and Tom thought this arrangement was ok, however with your observed increasing unhappiness with management, an opportunity for you to "mouth off" became a concern to him. Heyman and Thomas Smith testified that early in March of 2009 Krupnick began asking for general non-specific items (See timeline of events, Exhibit D), "CHRONOLOGY BAY AREA NEWS GROUP REPORTER MATT KRUPNICK INQUIRIES MARCH — JULY 2009.") In fact, Smith reported that Krupnick's original information request was the same as information requested from Las Positas College District. Heyman stated that usually such Public Information requests are not specific as the reporters are outsiders and do not know the specifics of District business. Heyman stated that while dealing with the subject ongoing information request, on or about June 18, 2009 he walked into your office. He stated that you walked up to him and showed him a document and said, "Don't you think the reporter should have this document?" Heyman stated that he looked at the document and saw that it was a spreadsheet that you created which was a tally of the project funds paid to Mark Lindquist of 1701 Associates (See Exhibit E). Heyman knew that this document had been created as there was a tally of project payments totaling $930,000. Heyman reported that you then said to him, "Can you believe that we paid him that much'?" "Don't you think we should give that to him (Matt Krupnick)?" Heyman stated that he was puzzled and responded to you, "We don't create documents for him...He did not ask for that...we only give him what he asks for." Heyman stated that he felt you were adamant about getting this information to Krupnick. Heyman reported that he reiterated to you "Don't show him anything that he did not ask for.” Heyman stated that the following day (See Exhibit E, page 5, June 19, 2009) Matt Krupnick asked for the subject document and the information upon which it was based. Heyman concluded that this (Krupnick's) information request was far more specific than any others (made by reporters in previous years) that he remembers. Thomas Smith also reported that Krupnick's request became specific. Your actions in regard to this exchange with Jeff Heyman show that you do not have competence nor the will to manage and maintain the extremely sensitive documents and information 11

associated with the responsibilities of your position. Section 87667, 87732 (a) (c) RESPONSE: This and the following allegation touch on the heart of the matter. The Chancellor was embarrassed by the publication of information about his authorizing very lucrative payment without other bids, to his friend and business colleague, Mr. Lindquist, amongst other revelations. This allegation boils down to two things: Ms. Lenahan is again accused of disloyalty by making a comment to Mr. Heyman noting the large amount of the payment to Mr. Lindquist. The second charge is that she “created a spreadsheet” totaling the payments made to Lindquist and asked if she should give it to Mr. Krupnick in response to the Public Records Act Request. Even the District does not allege more. It appears to not allege she actually gave it to him. Nor is the “spreadsheet” produced as an exhibit, though a sketch of it, one assumes, is produced. How the investigator comes to the conclusion that such a spreadsheet exists, or, assuming it does, that Ms. Lenahan created it is not clear. If it were in the district computers, including that of Ms. Lenahan (which was seized by the District in their investigation) why hasn’t it been produced? Furthermore even the words in the allegation which are emphasized by their differentiated font demonstrate that the complaint about Ms. Lenahan is based on her wanting to give public information to the press. Are we supposed to support the implication of this allegation? The implication is clear: Ms. Lenahan and other employees of this school district are expected to make it difficult for the public to learn of information to which they are entitled if it could be embarrassing to the Chancellor. This is standing the policy of the Public Records Act and other sunshine laws in government on their head. For the record, of course, the allegation (and #7), as stated, is DENIED. Ms. Lenahan did not “create” anything much less a spreadsheet. Nor did she give such to Mr. Krupnick. Mr. Krupnick will confirm this. Ms. Lenahan gave the documents she was provided to give to Mr. Krupnick. No more. No less. She did not, as implied, provide any secret knowledge to Mr. Krupnick and spur him to seek records with greater specificity. Again the implication of this “charge” is counter to our stated public policy. We should not tolerate the idea that a reporter or anyone else seeking public records is to be discouraged and the subject of the game of keep away.

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8. You were interviewed regarding the incident with Jeff Heyman (See #7 above) In regard to the incident you acknowledged that during Matt Krupnick's quest for information, Heyman entered your office and you did in fact show him a document. You maintained however, that it was not the spreadsheet that was a tally of payments made to Mark Linquist of 1701 Associates, but in fact was simply a copy of a cancelled check from the Peralta Foundation. You stated that you never tallied or created any documents pertaining to payments made to Mark Linguist. You further have denied that you made comments to Jeff Heyman, specifically "Can you believe we paid him that much? Don't you think we should give this to him?" Thus there exists a dispute of facts concerning the testimony of Jeff Heyman and you. After careful examination of these facts and circumstances this investigation finds credibility to the testimony of Jeff Heyman. This credibility is supported by what was perceived by four different managers Sadiq Ikharo, Jeff Heyman, and John Banisadr, and Jacob Ng who testified as part of this investigation that your expressed temperament and anger toward District managers had manifested into behavior considered to be alarming. This investigation finds merit to Heyman's testimony that you showed him a spreadsheet that was a tally of payments made to Mark Lindquist. This investigation further finds that you did make the comments to Heyman regarding payments to Lindquist "Can you believe that we paid him that much? Don't you think we should give this to him?" Your decision to manufacture a document that would reflect negatively on the Chancellor and the District is not acceptable. Accordingly, this investigation finds that you again failed to tell the truth and have compromised your responsibility to confidentiality. Sections 87667, 87732 (a) (b) (c) (f) RESPONSE: See Response to #7 above. Ms. Lenahan told the truth as best she could. She did not “manufacture” anything. Thomas Smith may testify that he asked her to do a computer query regarding the Lindquist payments and he says she printed out the response to that query. Hardly manufacturing anything. And furthermore, it was done in conjunction and at the direction of Mr. Smith, her boss. She does not recall the incident but does not doubt the recall of Mr. Smith. Even were she to have asked Mr. Heyman whether that was a document to be produced, that inquiry is certainly not a sign she was not doing her job, in fact to the contrary. 9. An investigation has determined that you failed to remove the District Travel Procedures/ Policy (See Exhibits F and G) that you posted in February/March of 2009 (See Exhibit H), after being told to do so by two District Managers and one Board Trustee. Your manager, Thomas Smith gave you a direct order to remove the policy in February/March of 2009. General Counsel Thuy Thi Nguyen instructed you to remove the Travel Policy in March of 2009. Roxanne Epstein reported that in March 13

of 2009 she sent an email to you and specifically wrote that the, "Administrative Procedure Travel Policy was to be removed by direction of Trustee William Withrow." In the investigative interview you stated that upon being told to remove the Travel Policy, you removed it in February, 2009. The District investigation of this matter revealed that in spite of Administration orders to remove the Travel Policy you did not. This position is further supported by the fact that ________, the Executive ________ reported that she checked the Finance Department website in July 21, 2009 and discovered that the website you posted was still there. On July 22, 2009 General Counsel Thuy Nguyen checked the Finance Department website and noticed that the Travel policy had not been removed. Nguyen reported that she clicked the link and found that the entire policy was still on the website. In interviews held with you on August 12, 2009 you acknowledge that Thomas Smith instructed that you remove the subject Travel Policy. You further acknowledged that Roxanne Epstein also told you verbally to remove the Travel Policy. However, you contend that you were only instructed to remove the Administrative Procedures only and not the Travel Policy. Thomas Smith had to ultimately direct the District Information Technology office to remove the Travel Policy (See Exhibit I) because it had not been removed as of July 22, 2009, the date you were placed on paid administrative leave pending the outcome of the District investigation. On July 22, 2009 you told Karen Ulrich, the Director of Employee Relations that you had removed the Travel policy. This investigation has revealed that what you reported to Karen Ulrich was untrue. This investigation finds that you did not remove the subject policy after being given a direct order to do so. In fact, the evidence shows that you never removed the policy. On July 22, 2009 you were placed on administrative paid leave and this investigation shows that you failed to remove the website even as of that date. This investigation has found that you were clearly instructed to remove Travel Policy by Thomas Smith, Thuy Nguyen, and Roxanne Epstein (on behalf of Trustee William Withrow). Your failure to follow numerous direct orders to remove the subject Travel constitutes blatant and willful insubordination. Sections 87667, 87732 (a) (c) (f) RESPONSE: This allegation appears to be making a mountain out of a mole hill. As the District acknowledges, its only piece of documentary evidence supports Ms. Lenahan’s contention: she was only asked to remove the “Administrative Procedure Travel Policy” (see the email from Epstein quoted above). She did so. If Ms. Epstein meant something broader she failed to convey it. At best this was a miscommunication. A failure by Ms. Lenahan to be a mind reader is not good cause for dismissal and deprivation of her career and livelihood. 10. On or about July 23, 2009 it was reported by General Counsel that you changed the language of the original Administrative Procedures Travel Policy prior to posting it 14

(See original policy Exhibit J and K) See policy posted by Lenahan Exhibits F and G). This investigation has determined that by practice, you were given access and permission to post items on the Finance Department website, but any and all posted changes to existing District policies and procedures must be pre-approved by the appropriate Administration Officials. In interviews you acknowledged that you made at least one change to the information that you posted in February of 2009. This investigation has found that action taken by you was without prior authorization and your changing the language of the policy was outside the scope of your job duties and responsibilities. This conduct by you underscores that you are not competent to handle the duties and responsibilities of your position. Sections 87667, 87732 (a) (c) (f) RESPONSE: See Response to #9 above. Again reflect on the context. No written or verbal warnings, reprimands, or criticisms and then this post embarrassment deluge. Ms. Lenahan did not change any language in the policy, she merely changed the mileage reimbursement figure to 55 cents a mile to make it accurate. 11. 0n Thursday, January 29, 2009 you assisted an associate/friend of yours named ______ in applying for a District vacancy by e-mailing (See Exhibit L) a copy of a cover letter belonging to ____________ (See Exhibit M ). District records show the letter was emailed to _________ This address is outside of the Peralta e-mail network. You did not receive permission from the District or _________ to disseminate this information. An investigation of the subject cover letter reveals that the letter reads like a resume and contains very personal information relative to the educational background and experience of _________. In addition the subject cover letter included her personal contact telephone numbers. _________ expressed serious concern that her personal information had been given out without her authorization. In interviews you acknowledged that you "did not know how you received this information, that you may have received it from _________ or Human Resources..." You further testified that you maintained it on your personal flash drive at home. There is no reason for you to have District information on a personal flash drive. When questioned about what else was on the flash drive, you stated only information regarding union negotiations. Again both these documents should not be maintained on a personal flash drive. You further acknowledged that your dog chewed up the flash-drive and then you threw it away. The District considers this information as highly confidential (See Exhibit N) and your unauthorized release of Incan’s letter is but another example of your failure to maintain confidentiality as required by your position. Sections 87667, 87732 (a) (b) (c) (f)

15

RESPONSE: Ms. Lenahan acknowledges she made an error in judgment in regard to using Dr. _________’s application letter as a sample for Ms. Guber. The context of this error is again critical: It is not commented upon prior to this witch hunt and if Dr. _________ were truly upset by this, it was never previously brought to the attention of Ms. Lenahan. It is not clear what was of such a “very personal” nature about Dr.. _________’s educational and experience, or even whether, if it were requested such information would not be a public record, but Ms. Lenahan does regret not taking greater care and would assure her employer this would not recur. Also, the document was never copied to her personal flash drive. The only copy was on the desk top at the District Office. DISTRICT DETERMINATION OF PENALTY: The above infractions are so egregious that there is not the possibility for progressive discipline. As you are aware, your position of Executive Assistant in the area of Finance, Human Resources and Information Technology is one of the most confidential positions within that classification in the entire District. Based on the above eleven findings, it is clear that you either posses a wanton disregard for the confidential expectations of your position or you willfully engaged in practices to discredit the Chancellor and Vice Chancellor Ikharo, with respect to District business. Again, this conduct does not lend itself to the District's normal practice of progressive discipline. Accordingly, the District decision is to issue this "Notice" of intent to terminate you. Pursuant to section 88013, Section C of the Educational Code, you have a right to appeal the charges in this Notice of Intent to Terminate by signing and returning the enclosed "Request for Appeal" form within five (5) days of your receipt of this letter. Signing and returning the "Request for Appeal" form constitutes a denial of the charges and a request for a Skelly hearing to be conducted before a Skelly Officer on September 21, 2009 at 10:00 a.m. If you do not return the "Request for Appeal Form" it will be understood that you accept the termination without the benefit of a Skelly meeting. Pursuant to Section 88124 of the Educational Code, if you object to the findings of this investigation or to the resultant termination "Notice," you have the right to appeal in writing to the Board of Trustees within fourteen days from the date of receipt of this letter. I would like to take this opportunity to advise you of the services of the Employee Assistance Program (EAP). You may contact them free of charge at 1(800) 999-7222.

16

If you should have any further questions please contact me at (510) 466-7252. Sincerely, Karen Ulrich Director of Employee Relations and Interim Director of Human Resources Cc: Thuy Nguyen, General Counsel David Weintraub, Attorney

Exhibits:

17

EXHIBIT A

EXHIBIT A

NOTICE OF APPEAL Pursuant to the California Educational Code 88013(c) and 88124, returning this Notice of Appeal to the Employee Relations Department by no later than .Friday, September 18, 2009 will constitute a denial of charges outlined in the September 9, 2009 Notice of Intent to Terminate and is a request for a Skelly meeting. I understand that this meeting will be conducted on Monday, September 21, 2009 at 10:00 a.m. in the Employee Relations conference room.

Signature: ________________________________________Date: ___________________________

EXHIBIT B

EXHIBIT B

PERALTA COMMUNITY COLLEGE DISTRICT 333 EAST 8TH STREET * OAKLAND, CA 94606 vvww.peralta.cc.ca.us CLASSIFIED EMPLOYMENT OPPORTUNITY EXECUTIVE ASSISTANT, SENIOR VICE CHANCELLOR'S OFFICE (CONFIDENTIAL POSITION)
Confidential Employees are not covered by Collective Bargaining Agreements. .

Office of the Senior Vice Chancellor's Office for Finance and Administration & Chief Operating Officer District Administrative Center • Permanent, Full-Time Position (40 Hours/Week, 12-Month Assignment) Salary Range: $4,240.00 - $5,121.00/Month
FILING DATE: REVIEW OF APPLICATIONS WILL BEGIN ON JULY 25, 2002 AND WILL CONTINUE UNTIL THE POSITION IS FILLED.

The Peralta Community College District serves six cities in the East Bay. The District is renowned for its support of education and has a reputation for developing effective approaches to serving the varied interests and needs of the community and to promote a student-centered culture. The Peralta Community College District was founded in 1964, serves 27,000 students, and is one of the top community college districts in the State of California in transferring students into the University of California system.

*
**

Under the direction of the Senior Vice Chancellor for Finance and AdministratiVe and Chief Operating Officer, performs professional level work in the analysis,. research and preparation of a variety of reports; monitors district programs and projects in accordance with District, Federal and State statutes; provides secretarial and administrative support duties to the Senior Vice Chancellor.

Executive Assistant, Senior Vice Chancellor's Office District Administrative Center

2

EXAMPLES OF DUTIES 1. Perfbrms a variety of complex, difficult and responsible administrative support duties; takes and transcribes dictation and types a variety of correspondence, memoranda, reports, statistical reports and other materials; may compile statistical, fiscal and financial data and other information for inclusion into special and periodic reports; composes correspondence independently; prepares agendas and meeting materials, and distributes meeting packets. Attends meetings and takes and transcribes minutes of various meetings. Maintains calendar, arranges and schedules a variety of meetings, programs, workshops and conferences as requiréd. Performs administrative support work to assure the District's compliance with the State Conflict of Interest policy and procedUres. In accordance with adopted Board policy, monitors the District's procedures for hiring Independent Contractor's/Consultants.
.

2. 3. 4. 5. 6. 7. 8.

Coordinates and maintains the District's Tax Shelter Annuity programs for employee participants. Coordinates district-wide parking permits for student parking; coordinates and monitors Student Safety Aid Program; orders equipment and uniforms for safety aides. Serves as liaison to the Chief Negotiator; serves on all District negotiating teams and takes notes; prepares draft and final of collective bargaining contracts, including coordination of printing, distribution and maintaining contracts on the District website. Coordinates capture and coordination of district-wide collective bargaining mandated cost claims. Coordinates collection of student data for COTOP (California Office of Tax Offset Program); submits student information to the State Chancellor's Office; sends letters to students. Coordinates the Board of Trustees Classified Recognition Program. Establishes and maintains complex, interrelated administrative and confidential filingsystems and records. • Oversees and maintains the budget activities of the office; monitors expenditures of funds, initiates fund transfers and other procedures necessary to maintain sound day-to-day budget activities.

9. 10.

11.
12.

13.

Executive Assistant, Senior Vice Chancellor's Office District Administrative Center

3

EXAMPLES OF DUTIES - CONTINUED

14.

Serves as liaison between the Senior Vice Chancellor and the Chancellor, Board of Trustees, management staff, academic and classified staff, students, representatives of community agencies and the general public by relaying messages, answering questions, clarifying information, responding to requests, resolving problems, explaining District policies and procedures or referring callers to the executive or others. Performs a wide range of adVanced clerical duties related to the operation of the office; serves as liaison between an administrator and other district offices; serves in a liaison and/or resource capacity on projects and assignments. Develops fiscal year Holiday Schedule. Receives and opens mail; screens incoming telephone calls and visitors; schedules appointments for the administrator. Operates a variety of modern office equipment including personal computers, related software programs, printers, copiers, facsimile machine, calculator, typewriters, computer terminals and mainframe interface systems required to provide responsible administrative support to an executive or district official. Trains and supervises student workers and clerical assistants. Order supplies and equipment and assures proper functioning of office equipment. Performs other related duties as assigned.
MINIMUM QUALIFICATIONS

15.

16. 17. 18.

'19. 20. 21.

1 .

Graduation from an accredited college or university and two years of secretarial and/or technical support experience, including one year at the Senior Secretary or Staff Assistant level; or an equivalent combination of training and/or experience that could likely provide the desired knowledge and abilities to perform the duties of the position. Knowledge of: Modern executive office management, practices procedures and equipment. Basic arithmetical proficiency. Basic research methods and techniques.

Executive Assistant, Senior Vice Chancellor's Office District Administrative Center

4

MINIMUM QUALIFICATIONS - CONTINUED
3 . Ability to: Prepare and maintain accurate and complete records and files. Interpret and apply a variety of rules, regulations, statutes, policies and procedures relating to District operations. Maintain confidentiality of information and materials. Perform a variety of technical support duties related to public education administration. Establish and maintain cooperative working relationships with coworkers, other staff, faculty and administrators. Type and/or operate an automated keyboard with speed and accuracy to produce word processing, spreadsheets, and database management documents. Exercise good judgment and discretion analyzing and resolving confidential, difficult and sensitive situations. Communicate effectively both orally and in writing. Operate modern office equipment. Take dictation in shorthand or speedwriting and transcribe notes accurately. Direct, supervise, monitor and motivate personnel in performing administrative functions: Knowledge and proficiency in the operation and use of personal computers utililing word processing, spreadsheet and database management software programs (e.g., MS Office Suite, MS Word, MS Excel, MS Access and MS PowerPoint, etc.) and the Internet browser, websites and e-mail. Ability to type accurately from clear copy. A word processing and/or spreadsheet skills assessment will be given. A Personal Computer Skills Certificate from public agencies and business schools will be accepted in lieu of the District's personal computer skills assessment provided the certificate is not older than one (1) year from the date the certificate was issued. Understanding of, sensitivity to, and respect for the diverse academic, socioeconomic, cultural and disability and ethnic backgrounds of community college students. Ability to work in a collaborative environment and function as a member of the Senior Vice Chancellor's Team.

4.

5.

6. 7.

Executive Assistant, Senior Vice Chancellor's Office District Administrative Center
DESIRABLE QUALIFICATIONS

5

. A thorough understanding of administrative practices and budgets.

SELECTION PROCEDURES

A selection committee will review and evaluate applications to select a limited number of candidates for interview. Meeting minimum qualifications for a-position does not assure the candidate an interview.
FRINGE BENEFITS.

The Peralta Community College District provides an outstanding, fully paid fringe benefits program including holidays, generous leave provisions, medical, dental, life insurance and membership in the California Public Employees' Retirement System. Many benefits apply to both employees and their dependents.
APPLICATION PROCEDURES

1.

Applicant must submit a completed Peralta Community College District Classified Employment Application Form by 4:30 p.m. on the deadline date. Incomplete applications will not be considered. Resumes cannot be substituted for the requested information on the Employment Application Form. Legible faxed materials accepted until 4:30 p.m. on the deadline date. Postmarks not accepted. All application materials submitted will be considered for this position only, and will not be returned, copied or considered for additional or future openings. Inquiries and all materials are to be mailed or delivered to the:
Office of Human Resources Peralta Community College District 333 East Eighth Street, Oakland, CA 94606 Information: (510) 466-7297 24-Hour Job Hotline: (510) 466-7223 California Relay Service for the Hearing-Impaired: 1-800-735-2929 Fax Numbers: (510) 466-7397 or (510) 466-7280 Website: http://www.peralta.cc.ca.us

2.

3.

Appointment to classified positions is conditional upon the approval of the Chancellor.

Executive Assistant, Senior Vice Chancellor's Office District Administrative Center

MISSION STATEMENT
The mission of the Peralta Community College District is to provide accessible, high quality adult learning opportunities to meet the educational needs of the multicultural East Bay • community.

VISION
The Peralta Community College District will be an exemplary syStem by being responsive to the educational needs of our community, by providing learner-centered educational experiences and by being committed to innovation and continuous improvement.

The Peralta Community College District is an Equal Opportunity Employer. In conformance with the Americans with Disabilities Act, requests for Reasonable Accoimnodations may be made to the Office of Human Resources by calling (510) 466-7288 or (510) 466-7283. NOTE: The Peralta Community College District reserves the right to close or not fill any advertised position.

JB02-36 (7/3/02)

Executive Assistant, Senior Vice Chancellor's Office District Administrative Center

8

EXHIBIT D

EXHIBIT D
DRAFT

CHRONOLOGY BAY AREA NEWSGROUP REPORTER MATT KRUPNICK INQUIRIES MARCH — JULY 2009 Date Description

March 20 March 30 March 30 Mardi 31 April 9 April 10

E-mail — Fr.: Matt Krupnick To: Thuy Nguyen, Tom Smith Makes request for all staff and faculty salary information. E-mail — Fr.: Nguyen TO: Krupnick States Smith is handling request, seeks 14-day extension. E-mail — Fr.: Krupnick To: Nguyen Krupnick agrees to extension. E-mail — Fr.: Smith To: Nguyen and Jeffrey Heyman Chancellor wants to review the information before sending it to Krupnick. E-mail — Fr.: Smith To: Krupnick Smith provides staff and faculty salary list to Krupnick E-mail — Fr.: Krupnick To: Heyman Asks for copies of three contracts: • Chancellor's current and immediate past employment contract. • All contracts with I-Site and Regent. • Any current/past contracts with Kathy Neal. Krupnick picks up copies of Chancellor's contract details, meets with Smith and Heyman to review. E-mail — Fr.: Heyman To: Bill Withrow, Chancellor Heyman briefs Withrow, Chancellor on Krupnick's requests. E-mail — Fr.: Krupnick To: Heyman, Smith Requests: • Breakdown of Chancellor's pay. . • Explanation of Chancellor's vacation arrangement. • Copies of Chancellor's travel expenses dating from January 2008. • List of raises received last year for managers making over $.100,000/ year. E-mail — Fr.: Heyman To: Withrow Series of e-mails back and forth discussing Krupnick issue and his requests Smith provides Krupnick with the list of management salary ranges for

April 23 April 23 April 24

April 27-28 April 30

REVISED 7/09/09 16:47

1

DRAFT

May 4 . May. 5

2007-08 and 2008-09. Krupnick meets with Heyman and Smith to review Chancellor's pay structure, monthly pay details. E-mail — Fr.: Krupnick To: Heyman Complains of "unpleasant" conversation with Nicky Gonzales-Yuen. Asks when remaining does from 4/24 request will be provided. Heyman forwards e-mail to Chancellor, Smith and Withrow. Smith and Heyman fax Krupniek copy of Personnel Action Form for Chancellor's raise, which he had specifically requested. Krupnick cancels meeting scheduled to review dOcuments for that day — reschedules fdr 5/21. E-mail — Fr.: Krupnick To: Heyman . Confirms meeting and restates list of requested documents still outstanding: • Breakdown of Chancellor's pay. • Explanation of Chancellor's vacation arrangement • Copies of Chancellor's travel expenses dating from January 2008. Heyman briefs Chancellor and Withrow regarding the upcoming meeting with Krupnick. Smith and Heyman meet with Krupnick regarding requested documents. E-mail — Fr.: Krupnick To: Heyman Requests copy of Chancellor's "Statement of Economic Interest" (Form 700). Copy of Chancellor's "Statement of Economic Interest" form is e-mailed to . Krupnick. E-mail — Fr.: Heyman To: Nguyen, Smith and Chancellor Heyman forwards Krupnick's "written request" Nguyen asked for per discussion at Board meeting. E-mail — Fr.: Abel Guillen To: Heyman Guillen advises that Krupnick contacted him.

May 12 May 14 May 19

May 20 May 21 May 22

May.22 May 26

May 27

REVISED 7/09/9 16:47

DRAFT

May 27

Chancellor, Nguyen, Smith and Heyman meet to discuss matter, review documents. Heyman and Smith phone Krupnick and brief him on what other Chancellors are paid/executive pay throughout the state. E-mail — Fr • Krupnick To: Heyman Krupnick asks to talk to Chancellor. Chancellor declines to be interviewed or provide comment. E-mail — Fr.: Krupnick To: Nguyen, CC: Heyman Krupnick claims a Public Records Act violation; the requested documents should not have been redacted without specific exemptions being cited. E-mail — Fr.: Krupnick To: Nguyen, CC: Heyman Krupnick advises he still has not received a response on the redacted items. All copies of Chancellor's travel expenses faxed to Krupnick, after release by General Counsel. E-mail — Fr.: Nguyen To: Krupnick Provides response on redactions. E-mail — Fr.: Krupnick To: Heyman. Krupnick sends Public Act Request to see all of the Chancellor's Economic Interest Statements (Form 700). E-mail — Fr.: Krupnick To: Heyman and Nguyen (Krupnick also begins to CC Bay Area News Group's law firm) Advises PCCD is engaging in Public Records Act violations. E-mail — Fr.: Nguyen To: Krupnick She asks which documents he is referring to in his claims. (General Counsel may have spoken to BANG's lawyers as well ) E-mail — Fr.: Krupnick To: Nguyen States he had already received explanation on redactions, doesn't agree, but will "let it go." E-mail — Fr.: Nguyen To: Withrow, Cy Gulassa, CC• Chancellor, Heyman Forwards e-mails from Krupnick as example of his communication. Chancellor, Nguyen, Heyman meet to review Chancellor's calendar documents.

June 1

June 1

June 2 June 1-2 . June 5 June 5

June 5

June 8

June 8

June 11

June 15

REVISED 7/09/09 16:47

3

DRAFT

June 16

E-mail — Fr.: Krupnick To: Heyman, CC: BANG's law firm Asks when manager raises and Chancellor calendar information will be available. Heyman replies that Nguyen is reviewing the calendar and will be sending . raises information soon.

June 16

E-mail — Fr.: Krupnick To: Heyman and Smith Inquires about and airline ticket for Sheila Wells to Fort Lauderdale — did she reimburse PCCD? Asks if Chancellor receives two vacation days per month. E-mail — Fr.: Krupnick To: Heyman, Nguyen, Smith, CC: BANG's law firm Krupnick makes a Public Records Act reqUest for all records of - . reimbursement from Chancellor and/or Sheila Wells dating back to January 2008. PCCD faxes Krupnick list of all management salaries for 2007-08 and 2008-09, copies of Chancellor's contract documents. Nguyen sends Krupnick a letter regarding Chancellor's calendar entries. Nguyen authorizes release of Chancellor's calendar to Krupnick. Krupnick pick-ups the documents. Chancellor's staff confirms there is only one reimbursement from the Chancellor (Ft. Lauderdale trip) and no other reimbursements. Heyman informs Krupnick and advises Chancellor receives two vacation days per month.

June 16

June 16 June 17 June 17 June 17

June 17 June 18 June 18

. Krupnick requests to re-inspect Chancellor's travel files he previously reviewed. Krupnick inspects travel expense files for second time in Smith's office and tags for copy some documents. E-mail — Fr.: Krupnick To: Nguyen, CC: Heyman, BANG's law firm Krupnick makes an official Public Records Act request for: . • Copies of all travel expenses for PCCD Trustees since January 2008. • Copies of All statements for Trustee credit cards since January 2008. • Copies of all reimbursements paid to PCCD by Trustees since

REVISED 7/09/09 16:47

7

DRAFT

June 18

E-mail — Fr.: Krupnick To: Heyman, Smith, BANG's law firm Krupnick makes an official Public Records Act request for: • Copies of paystub and salary information for the Chancellor, Nguyen and Alton Jelks for May 2008, December 2008 and May 2009. Krupnick picks up copies of documents from his second inspection request. E-mail — Fr.: Krupnick To: Heyman and Nguyen Krupnick makes an official Public Recbrds Act request for: • Copies of all contracts with payments made to Mark Lindquist • Copies of all correspondence between Mark Lindquist and Chancellor since January 2007. E-mail — Fr.: Krupnick To: Heyman • Asks if PCCD has contract with International Services Inc., noting that the Chancellor had met with a rep of the company. Heyman informs him PCCD does not have a contract with the company.

June 19 June 19

June 23

June 23

Krupnick's Public Record Act requests of June 18-19 are pending.. Documents are being gathered for review by Chancellor, Smith, Heyman and Nguyen before release to Krupnick. Board is briefed in closed session by Heyman. Photographer from BANG attendS public meeting.

June 25 June 25 • June 26 .

The Chancellor and Heyman review documents and files requested by Krupnick. • Krupnick emails Heyman, Smith and Nguyen stating he wants to see documents on Friday, June 26. Heyman emails Krupnick that he can review documents on Monday, June 29 at 2 pm in the Chancellor's conference room. • Krupnick again asks for documents today, but finally agrees to June 29 at 2PM in the Chancellor's conference room for his review.

June 29

Nguyen writes email, leaves phone message that personal charges by Trustees maybe exempt from disclosure and could be redacted. . Heyman has documents removed from those Krupnick is scheduled to

REVISED 7/09/09 16:47

5

DRAFT

review today at 2 pm, asks Nguyen to inform him when she has reviewed and approved for release to Krupnick. Roxanne Epstein informs Heyman that Nguyen has decided to redact or withhold some material from the requested Trustee files. Epstein is not sure if she can prepare the documents by 2 PM, but redacts documents per Nguyen's instruction. Krupnick reviews all documents., except Trustee files, is informed of redactions being made. Nguyen drafts letter on redactions to Krupnick. Krupnick calls Heyman and requests videotape of April 24, 2007 Board meeting. Epstein sends Heyman redacted document scans for forwarding to KrUpnick; Heyman forwards to Krupnick. June 30 Krupnick writes email to Nguyen rejecting the District's position on the redactions. Electronic version of redacted documents is too large to email, so Krupnick comes to District to get electronic version from Epstein; picks up copies of documents he reviewed yesterday from Heyman July 1 Krupnick makes appointment to view April 24, 2007 Board meeting tape at Peralta TV on July 2. Krupnick emails Smith, copies Heyman, asking for the latest details regarding the financial aid situation at BCC. Krupnick emails Epstein, copies Nguyen, Heyman and BANG's law firm that Trustee statements were missing from documents provided to him electronically. July 2 . Krupnick views April 24, 2007 Board meeting tape at Peralta TV. Krupnick and "associate" to meet with Withrow on Monday, July 6, for interview. Krupnick calls Heyman to ask for comment from the Chancellor. Epstein locates 16 more pages of credit card statements and sends to Krupnick.

REVISED 7/09/9 16:47

DRAFT

Krupnick calls Gonzalez Yuen and Handy seeking comment, exchanges email with Gonzalez Yuen. July 6 Heyman telephonically briefs Withrow on Krupnick inquiry. Withrow meets with Krupnick and another reporter working on the story at Withrow's home. Krupnick telephones Sadiq lkharo seeking comment. Krupnick telephones Mark Lindquist seeking comment. July 7 Krupnick telephones Smith to inquire about details of a trip made with Withrow and Frank Chong to New York. Krupnick calls Heyman to ask for comment from the Chancellor. Heyman refers Krupnick to the Chancellor's secretary after telling him that the Chancellor has said he will not comment 3-4 times already. State Chancellor's office informs Heyman that Krupnick has called there seeking comment; they will not comment on local issues. Heyman informs Chancellor. Krupnick and Gulassa hold half-hour telephone conversation seeking , Gulassa's reaction to "management pay raises and conflict of interest." Gulassa informs Chancellor, was told article to be published in two parts, Sunday and Monday (July 12-13). July 8 Krupnick emails Nguyen, copies Heyman, seeking her comment; after consultation Nguyen exchanges email with Krupnick and ultimately does not comment, citing attorney-client privilege and professional ethics. Nguyen informs Withrow and the Chancellor. Krupnick contacts Epstein, Heyman seeking information on Board vote regarding management salaries. Epstein defers to Heyman, informs Chancellor. July 9 Epstein confers with Nguyen on Krupnick's question-regarding a Board vote on management salaries; Epstein informs Heyman that no vote took place and asks that he conununicate info to Krup. nick; Heyman informs Krupnick via voiceniail. Krupnick, a second reporter and photographer attend Measure A Oversight Committee Meeting

REVISED 7/09/09 16:47

EXHIBIT E

4, 2

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EXHIBIT F

EXHIBIT F
Peralta Community College District Administrative Procedure 6.39

Peralta Community College District Administrative Procedures for Travel

Travel may be requested to perform District business which cannot be accomplished by telephone or correspondence or to attend professional conferences or special meetings. Such travel is to be accomplished at the lowest possible cost to the District. This guideline covers the reimbursement of expenses of District officers, employees and students who travel on official and professional business. The fixing of maximum allowance does not authorize the filing of expense claims for sums in excess of expenditures. Only "actual and necessary travel expenses" will be allowed.
A. Prior Approval Required

Except for travel relating to athletic programs or events, field trips or local mileage, the Chancellor must approve all employee or student District reimbursed travel in advance. In addition to the Chancellor's approval, traveler must also have approval as follows:
Board of Trustees: Trustees

Chancellor

College Presidents for: Employees at colleges Vice Chancellors or District Office Managers for: District office employees Appropriate College Administrator for: Travel for athletic programs or events Field trips Local mileage

Except for local mileage, no travel reimbursement will be made unless written documentation is provided which reflects prior approval.
B. Authorized Expenses Common Carriers (Receipt and/or ticket stub required)

• •

Economy coach air fare for air travel. Regular far for other type common carrier.

Page 1 of 5

Peralta Community College District

Administrative Procedure 6.39

If travel is planned by a method which costs significantly more than the economy airfare, reimbursement will be made for the amount of the airfare unless it is treated as a special circumstance and prior approval of the mode of travel is specifically made in advance. Personal Automobile • • Should the traveler elect to use his/her own automobile, reimbursement will be limited to the local mileage rate. Mileage will normally be computed between home and meeting site. In the event the traveler leaves from his place of assignment, mileage will be computed between the place of assignment and the meeting site. If a personal automobile is used for trips of several days' duration, reimbursement for "en route" costs will be limited to one clay in advance of and one day following the meeting.

•

Lodging (Receipt required from hotel or lodging organization) • • Except for unusual circumstances, reimbursement for lodging shall not include the cost of suites or other special facilities. Prior authorization by the Chancellor will be required when unusual circumstances require special facilities. In most instances, lodging will not be paid when conference or meeting is within commuting distance of the District (Alameda or any contiguous county). Exceptions must be approved by the Chancellor. Meal Expenses • • Meal expenses will be reimbursed only when an employee has received prior approval to attend an activity on behalf of the District. Employees will be reimbursed for the cost of meals at a daily per diem rate of 565.00 per day. Receipts should accompany reimbursement forms. Meals provided through convention registration will be allowed at cost.

•

Mileage Expenses Reimbursement for the use of a personal automobile is subject to the following conditions. To receive reimbursement a 'Transportation Report" must be submitted:

Page 2 of 5

Peralta Community College District

Administrative Procedure 6.39

• •

When an employee has been authorized to attend an activity on behalf of the District. When an employee is required to travel from the employee's residence directly to a destination other than the regular work location or is required to return home from a point other than the regular work location.

Other Reimbursable Expenses
The following other expenses will be reimbursed when an employee is authorized to attend an activity on behalf of the District: • • • • C. Telephone, telegraph and fax machine charges required in connection with District business.' Parking', taxi, bridge tolls, and portage. Registration fees. Gratuities in accordance with local custom. The amount shall be included in the applicable expense amount.

Advances
• A cash advance may be provided for up to 8.0% of estimated reimbursable expenses. (Air fare may only be counted if the traveler is purchasing his/her own ticket; may not be counted if ticket is obtained through a requisition). If an employee has two or more expense claims outstanding: no advance will be made.
.

•

District personnel desiring an advance of funds must submit a 'Travel Form" completing Park B at least 15 working days prior to planned date of departure. The request will include all estimated expenses, as shown on the approved "Conference Attendance Approval" form which shall be attached. All personnel must complete and submit "Part-C" of the Travel Form immediately upon return from the conference, attaching all necessary receipts and recording all reimbursable expenses. If the advance exceeds the total reimbursable expenses, a check made payable to the Peralta Community College District for the total balance refundable to the District will be attached to the Travel Form.

•

•

Page 3 of 5

Peralta Community College District

Administrative Procedure 6.39

D.

Athletic Participation • All funds allocated for athletes will be for college-sponsored and governed activities as defined by the Education Code. Request for reimbursement shall be approved by the appropriate college administrator and shall be in conformance with the following District regulations. All appropriate activities are defined by the State Athletic Code. All requests for advances must be in the District office 15 working days prior to the event. Exceptions will be allowed for events where the team or individual qualifies for the championship through playoffs. In the case of playoffs, the request for advance shall be expedited. The appropriate athletic director shall notify the college business office when there is the potential of a rush advance so that details for expediting the advance can be arranged. The 'Verification of Athletic Activity Expenses" form will be submitted to the District business office immediately upon the completion of the last event covered by the appropriate monthly advance. This verification shall include student and staff signatures for meal, receipts for lodging, entry fees, bridge tolls, gas-oil, and other authorized expenditures. Athletic staff and students will be reimbursed for meals in amounts not to exceed the following limits for participation in regularly scheduled athletic contests: Breakfast 53.50 Lunch $4.50 Dinner 57.00 Post Game $4.00

•

•

•

(If the team receives breakfast, lunch and dinner, they will not be allowed the post game amount).

•

Activities or Events Supported by External Funds: Activities or events supported in full or in part by external funding shall be conducted within the framework of the purposes and guidelines established for that purpose, as approved by the College President and the Dean of Student Services. Other Student Activity: Any activity requiring District payment for student expenses not specifically covered by these guidelines will be submitted by the College President to the Chancellor for approval three weeks prior to the time of such activity.

•

Page 4 of 5

Peralta Community College District

Administrative Procedure 6.39

E.

Trustee and Student Trustee Travel • All Trustee and Student Trustee travel which will involve use District funds will be subject to review and approval by the officers the Board. The Board shall have a total budget of $55,000 allotted travel expenses. An annual report shall be submitted to the Board Trustees showing budgeted and actual: expenditures. of of to of

•

A balance of each Trustee's travel allotment is recorded on each Travel Request Form submitted to the Chancellor. If a travel request exceeds the allocated amount, the Trustee should be informed of the balance remaining prior to staff submitting the form.

Trustees usually inform Chancellor's staff of plans to attend specific activity Source of Law: Developed by Administration: April 23, 1991 Revised (first reading) January 25, 2000 Developed by Administration: February 8, 2000

Page 5 of 5

EXHIBIT G

EXHIBIT G

PERALTA COMMUNITY COLLEGE DISTRICT TRAVEL REIMBURSEMENT PROCEDURES FROM WEBSITE 7/21/09

SUBJECT

The purpose of this Administrative Regulation is to: • • • Assure the appropriate use of district funds. Adopt guidelines determining reasonable reimbursement to employees for costs associated with educational and work-related conferences, trips, and meetings. Specify procedures for reimbursement to District employees for their expenses while attending conferences, training sessions, meetings, and other official District business. Meet IRS regulations.

•

It is the policy of the Peralta Community College District to make appropriate ' use of District funds by paying reasonable and necessary costs associated with approved employee travel, training and meetings that are work related.
SCOPE

This policy applies to all employees of the District including part-time and temporarily employees and Board Members. The Chancellor is authorized to grant exceptions specific provisions on a case-by-case basis within the intent of the overall policy.
PROCEDURES

Reimbursement for expenses incurred while attending conferences, training sessions, meetings, etc., will be made only for the employee's direct expenses when properly authorized and incurred on behalf of the District, while conducting District business and in accordance with the following guidelines.

February 19, 2009

Page 1 of 10

IRS Requirements All reimbursement must meet the accounting and financial guidelines set forth by the IRS. You will be reimbursed for the ordinary and necessary expenses. The Internal Revenue Code requires extensive substantiation be maintained. In general, you must substantiate with contemporaneous records the following elements for each expenditure: (1) the amount of the expenditure; (2) the date, time and place of travel, meals or other expenditure; (3) the business purpose served by the expenditure; and (4) the business relationship.
.

In addition to the substantiation requirements, travel expenses can be reimbursed only under limited circumstances, and lavish or extravagant expenses cannot e reimbursed. Moreover, travel expenses can only be reimbursed if you are able to establish that the expenditure was directly related to, or associated with, the active conduct of your employment duties. An entertainment expense is "directly related to the active conduct of business if the employee actively engages in bona fide business discussions - in other words, the activity must be to conduct business of the District. If traveling outside the United States for business purposes and also engages m personal activities, a portion of the expenses will not be reimbursed unless the travel does not exceed one week or less than 25% of the travel time is spent on personal activities. No reimbursement will be authorized for membership dues paid to a club that is organized for pleasure, recreation or other social purpose. The IRS has released regulations that provide examples of what is considered social organizations; these include, but are not limited to country clubs, gold and athletic clubs, airline clubs or hotel clubs. Reimbursement Rates Reimbursement rates for mileage and subsistence are contained in Appendix A. Reimbursement forms and rates will be reviewed and updated periodically by the Vice Chancellor for Finance and Administration with approval of the Chancellor. Reimbursement rates for mileage may be lower than, but may not exceed IRS rates. No one shall engage in any travel in connection with the performance of official business for the District in a privately owned vehicle unless the vehicle is insured in an amount sufficient to meet the California State Financial Responsibility Law, as found in The Motor Vehicle Code, Section 16056(a).

February 19, 2009

Page 2 of 10

Conferences (More Than One Day)

Transportation An employee shall drive when travelling to a conference, seminar, or meeting that is within reasonable driving times (generally within 60 miles of District Office). The District will reimburse the employee at the rate in Appendix A. Outside of this range the employee may fly and the District will pay airline coach fare and any expenses for preplanned transportation that may be required to travel the distance between the lodging site and the conference site. The employee may be reimbursed for the following types of ground transportation: • • • • Shuttles Public transportation including buses, rapid or rail transit Taxi Rental cars

The traveler should utilize the least expensive mode of ground transportation applicable to the situation. If any employee wishes to drive rather than fly' to a destination outside of the normal range, he/she may be authorized to do so by the College President or Vice Chancellor, Finance with the following provisions: • • • The employee shall do so on his/her own time in his/her own car. The District will reimburse the employee the lessor of the mileage rate to and from the site or the amount that the airline coach fare would have been as determined by the Vice Chancellor, Finance. No reimbursement will be made for other mileage or other expenses incurred during the trip.

Overnight Lodging versus Commuter Travel Expenses The employee will commute when the site is within 60 miles (one-way) driving the distance from the closer of the City of Oakland or the employee's home, and located within the following counties: • • • • Alameda County Contra Costa County City and County of San Francisco Santa Clara County

Exceptions may be made on a case-by-case basis with the approval of the College President or the Vice Chancellor, Finance and Administration.

February 19, 2009

Page 3 of 10

Lodging

The District will pay in advance or reimburse the employee for the conference registration fee, and the standard single room rate. Whenever possible, the employee should stay at or very near the conference site. Lodging expenses should not exceed the conference hotel rate.
.

Auto Stipend

Employees who receive a monthly auto stipend will not be entitled to reimbursements for travel within 60 miles one-way.
Meals

The District will reimburse employees for meals when the Travel Form presented with a direct claim. Maximum allowance is per Appendix A.

February 19, 2009

Page 4 of 10

Travel Related To Out-Of-Area Seminars and One Day Conferences

The District will reimburse the employee for travel and direct expenses a follows: • The employee must complete the preprinted Travel Form, Part C and the Manager or designee must approve. All receipts or other supporting documentation must be attached. Travel will be reimbursed at the rate in Appendix A. When an employee travels directly from home to the site, he/she will be reimbursed each way for the lesser of the mileage from home to the site or the employee's campus to the site. Other direct expenses (e.g. parking, bridges, and fares). A receipt for each expense should accompany the employee's request for reimbursement. Employees will not be reimbursed for meals, which are already included in conference fees.
Other Allowed Expenses

All direct and reasonable expenses related to meetings, in or out of town, authorized by the manager will be reimbursed by the District. All direct and reasonable expenses related to authorized attendance at meetings of associations of which the District is a member or the employee is a member representing the District will be reimbursed by the District. ' All air travel on District business should be coach class, unless an exception is approved by the Chancellor.
Non Reimbursable Expenses
-

The District will not reimburse for any costs associated with intra-staff meetings unless approved in advance by the College President or the Chancellor (e.g. staff lunches at meetings are not reimbursable). The District will not reimburse for optional quasi-social functions such as retirement or testimonial dinners unless approved in advance by the Chancellor. Board policy, the District will not reimburse for the cost of any alcoholic beverage.

February 19, 2009

Page 5 of 10

Cash Advances

Generally the District will pay in advance for registration, hotels, and airfares. All other expenses will be reimbursed after submittal of a proper Travel Form, with the appropriate receipts. When an extended conference/training would cause financial hardship to the employee, advances of up to 80% of the estimated travel expenses by filing a approved. Travel Form, Part A. The request for a travel advance must be I received 15 working days prior date needed. All advances (advance exceeded actual expenditures) must be cleared with receipts, within 30 calendar days. Anyone with an uncleared advance will be ineligible for additional advances. When you return from your trip or official function, a final accounting of all expenses must be submitted on the Districts Travel Form and approved by your department head and sent to Finance within five (5) working days. An expense Travel Form is required in all cases - whether your advance and actual expenses are equal, you are eligible for additional reimbursement, or you owe money to the District. After completing the expense report, you should attach receipts, sign the report attesting to its accuracy, and submit it to your department head for review arid approval. If you owe the District for the; unused balance of a cash advance, you should pay the amount due when you submit the Travel Form. Department heads approving expense reports are responsible for ensuring that: • All expenses are reasonable, necessary and consistent with these guidelines. • Any required receipts are attached. • The final disposition is correct (e.g., balance due employee; balance due District). • Any amounts due the District are paid. • Final accounting of all expenses is submitted to Finance.

February 19, 2009

Page 6 of 10

Use of Travel Cards

Those employees entitled to District credit cards may use the card to pay for travel (in accordance with this policy). The monthly card bill must be submitted with receipts within one week of your credit cards billing cut-off date. Failure to do so may cause the District to incur late fees and interest expense. The credit card should not be used for personal expenses. For international travel, food per diem may be actual incurred costs for meals the actual costs should conform to what is reasonable and customary under the circumstances; however, no alcoholic beverages may be included.
Trustee and Employee Stipends

Attached as Appendix B, are the guidelines for Trustee stipends. The travel card should be used and will be reimbursed for expenses incurred while traveling outside the District.
Athletic Team Travel

Refer to Appendix C.

February 19, 2009

Page 7 of 10

APPENDIX A 1. Mileage rate is 0.55 cents for miles driven on or. after January 1, 2009. 2. For one day trips, maximum individual meal reimbursement with receipt is: Breakfast Lunch Dinner 8.00 12.00 25.00

3. For overnight stay, maximum daily meal reimbursement is 565.00, without regard to the number of meals or caps on individual meals. However, if any meals are included in the conference registration, the daily meal allowance will be reduced accordingly, per the individual meal allowances in (2) above. In calculating meal allowances for partial days, the following guidelines should be used: • • • If you depart after 8:00 a.m., deduct the breakfast allowance for that day. If you depart after 2:00 p.m., deduct the breakfast and lunch allowances for that day. If you depart after 8:00 p.m., deduct all meal allowances.

February 19, 2009

Page 8 of 10

APPENDIX B Trustee Stipend Guidelines

Trustee stipends were approved and enacted by the Board of Trustees to cover personal expenses incurred by Trustees in their service as a Trustee of the District. The following broad criteria should serve as guidelines for the expenditure of Trustee stipends. 1. Monthly stipends shall be used for any personal expenses incurred in association with Board meetings, special meetings of the Board and retreats. 2. Monthly- stipends shall be used for transportation expenses and parking associated with Board meetings, special meetings of the Board and retreats. 3. Monthly stipends shall be used for meals associated with Board meetings, special meetings of the Board and retreats. If a trustee chooses to participate in a catered meal prior to regularly-scheduled Board meetings, the costs per trustee is set at S 13.00 per meal. 4. Monthly stipends shall be used for trustee participation in and attendance at local functions to which they have been invited under the dollar amount of S75.00. Requests over this amount shall be submitted to the Chancellor for prior approval. 5. Monthly stipends shall be used for District business luncheons and dinners under the amount of S50.00. RequeSts over this amount shall be submitted to the Chancellor for prior approval. 6. Requests for tables at local functions must be submitted to the Chancellor for consideration and approval. 7. Trustee District credit cards can not be used for any of the above expenses.

February 19, 2009

Page 9 of 10

APPENDIX C Athletic Participation

All funds allocated for athletics will be for college sponsored and governed activities as defined by the Education Code. Request for reimbursement shall be approved by the appropriate college administrator and shall be in conformance with the following District regulations. All appropriate activities are defined by the State Athletic Code. All requests for advances must be in the District office 15 working days prior to the event. Exceptions will be allowed for events where the team or individual qualifies for the championship through playoffs. In the case of playoffs, the request for advance shall be expedited. The appropriate athletic director shall notify the college business office when there is the potential of a rush advance so that details for expediting the advance can be arranged. The 'Verification of Athletic Activity Expenses" form will be submitted to the District business office immediately upon the completion of the last event, covered by the appropriate monthly advance. This verification shall include student and staff signatures for meal, receipts for lodging, entry fees, bridge tolls, gas-oil, and other authorized expenditures. Athletic staff and students will be reimbursed for meals in amounts not to exceed the following limits for participation in regularly scheduled athletic contests: Breakfast 3.50 Lunch 4.50 Dinner 7.00 Post Game 4.00
(If the team receives breakfast, lunch and dinner, they will not be allowed the post game amount).

Activities or Events Supported by External Funds

Activities or events supported in full or in part by external funding shall be conducted within the framework of the purposes and guidelines established for that purpose, as approved by the College President.

February 19, 2009

Page 10 of 10

EXHIBIT H

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Admiinistrative Procedure 6.39: Travel

3/4/2009 Jennifer Lenahan 97 KB Ea 3/4/2009 Jennifer Lenahan 123 KB Ig

E Travel Reimbursement Procedures
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EXHIBIT I

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EXHIBIT J

EXHIBIT J Peralta Community College District Board Policy 6.39

Policy 6.39 Conference/Professional Development and Travel

POLICY: It is the policy of the District to reimburse, to the extent possible within financial restraints and District guidelines, expenses incurred by employees and Trustees for travel, conferences, and meetings of professional and educational organizations and associations. It is the position of the District that the training gained by participation in such activities can contribute significantly to personal job performance and to the quality of the educational mission of the district. Per diem Will be periodically reviewed by the administration and Trustees. PROCEDURES: A. Employees District employees performing District services, regardless of funding source, shall be reimbursed as provided by the Education Code and District procedures for authorized expenses incurred in the following categories: 1. Required Travel A District employee who is required by an appropriate District or College . administrator to attend meetings, or to transact any District business outside the District, shall be reimbursed for all necessary expenses in accordance with District administrative procedures. 2. Other Conference Travel a. A District employee may be authorized, without loss of salary and with reimbursement for all or a portion of necessary expenses, to attend conferences, meetings, or workshops called by other than the Peralta Community College District. Such conference or meeting attendance and travel must be authorized by the appropriate administrator and the Chancellor -when-it-has-been determined-that-the-District-will- benefit by such attendance. Employees who hold elected or appointed positions in recognized educational and professional organizations or participate on review panels and advisory bodies of external organizations, agencies, and associations, may be authorized to attend regional, state or national conferences, without loss of salary and with reimbursement for All or a portion of necessary expenses. Such conference or meeting attendance and travel must be authorized by the appropriate administrator and the Chancellor when it has been determined that the District will benefit by such attendance.

b.

Peralta Community College District

Board Policy 6.39

3 .

Mileage for Travel Use of an ,employee's car in connection with travel necessary in the normal course of the employee's duties, may be authorized in accordance with District administrative procedures. (Travel in which a round trip is equal to or less than two hundred miles shall be considered local travel).

4 .

Out-of-State Travel All out-of-state travel by District employees must be approved by the Chancellor. Reimbursement will be authorized for all or a portion of expenses in accordance with District administrative procedures.

5.

In-Service Training a. Regular employees may be authorized by the College President and the Chancellor, to attend, at District expense, training programs designed specifically upgrade their skills and knowledge of new technology and/or methodology that will benefit the District. (This in-service training shall not be used as a basis for salary advancement). Eligible programs shall include, but not be limited to, seminars, training institutes or specific training courses,. conducted by recognized professional institutions, organizations, or associations. . In accordance with District procedures, reimbursement will be made upon successful completion of the approved training. Reimbursement shall not be allowed for any employee who is receiving training and is eligible for reimbursement by any other government agency, organization, or association, in accordance with the Education Code.

b.

c. d.

6 .

Authorized Expenses a. Reimbursement for travel and participation in meetings and conferences shall conform with District rules and regulations covering organizational membership, required travel, and other conferences. Only actual and necessary traveling expenses will be allowed for transportation, lodging, meals, registration fees, and ordinary and customary gratuities, and other authorized expenses in accordance with District administrative procedures. This does not include alcoholic beverages, according to Board Policy 6.40.

b.

Peralta Community College District B.

Board Policy 6.39

Students
1. Students may be reimbursed from District funds to the extent authorized by the Education Code for expenses incurred in the following categories: a. Participation in co-curricular activities or events as authorized and defined by the Education Code, provided that such activity or event: (1) Is approved by the appropriate administrator. . (2) Is an extension of classroom instruction or related College program. Participation in other events where student attendance is required may be authorized by the appropriate District administrator if it has been determined that the District and students will benefit by such attendance. Participation by students as members of an athletic team in athletic events at a place other than the Peralta Community College District, as authorized by the • Education Code. ParticipatiOn in activities or events supported in full or in part by external funding which are conducted within the framework of the purposes and guidelines established for the program, and are approved by the College President.

b.

c.

d.

2 .

Authorized Expenses
a. Reimbursement for co-curricular activity expenses shall be limited to lodging, transportation, and conference fees, in accordance with District administrative procedures. Reimbursement for athletic activity expenses will include lodging, meals, entry fees, and transportation, in accordance with District administrative procedures. Reimbursement for expense of student representatives at selected conferences may be authorized by the College President and/or Chancellor in accordance with District administrative procedures. Social events and awards intended to recognize the achievements of student athletes shall be funded, to the extent possible, from gate receipts, contributions, und-raising activities, and the individual payment by participants in such events. Other District funds may be used supplementally if approved by the College President and Chancellor.

b.

c.

d.

Peralta Community College District
C.

Board Policy 6.39

Chancellor and Board of Trustees

1.

The President of the Board of Trustees will encourage Board representation at regularly-scheduled conferences of associations in which the Peralta Community College District maintains membership. The Board's travel will be subject to review and approval by the Chancellor or designee. International travel is addressed in Board Policy 6.39-A.,

2.

Other than Trustees, Employees or Students

1.

Travel, conference attendance, or mileage for other than Trustees, employees or students shall be authorized by the appropriate District or College administrator only when conducted within the purposes of externally-funded projects and in accordance with District administrative procedures. When a candidate for the positions of Chancellor, Sr. Vice Chancellor or College President is requested by the District to travel to the District for an interview or examination prior to possible employment, the District may reimburse the candidate for expenses necessarily incurred in traveling from his/her residence to the interview or examination. Reimbursements for such expense must be authorized in advance on a case-by-case basis by the Chancellor.

2.

E.

Vehicle Insurance No officer or employee shall engage in any travel in connection with the performance of official business for the District in a privately owned vehicle, either his/her own or that belonging to another, unless the same is insured in such a manner to comply with the provisions of general state law, in an amount sufficient to meet the California State Financial Responsibility Law, as found in the Motor Vehicle Code, Section 16056(a). These amounts are: Limit $15,000 Limit $30,000 Limit $5,000 bodily injury one person bodily injury two or more persons, property damage

(The Procedures section of this manual contains guidelines for implementation of this policy.)

Peralta Community College District Source of Law: Approved by Board of Trustees: April 23, 1991 Revised June: 11, 1991 Revised January: 28, 1997 Revised (first reading): January 11, 2000 Revised (second reading): January 25, 2000 Approved by the Board of Trustees: February 8, 2000 First Reading (Revised): April 30, 2002 Approved: May 14, 2002

Board Policy 6.39

EXHIBIT K

EXHIBIT K

Peralta Coinmunity College District

0

Administrative. Procedure 6.39

Procedure 6.39 Administrative Procedures for Travel

Travel may be requested to perform District business which cannot be accomplished by telephone or correspondence or to attend professional conferences or special meetings. Such travel is to be accomplished at the lowest possible cost to the District. This guideline covers the reimbursement of expenses of District officers, employees and students who travel on official and professional business. The fixing of maximum allowance does not authorize the filing of expense claims for sums in excess of expenditures. Only "actual and necessary travel expenses" will be allowed. A. Prior Approval Required Except for travel relating to athletic programs or events, field trips or local mileage, the Chancellor must approve all employee or student District reimbursed travel in advance. In addition to the Chancellor's approval, traveler must also have approval as follows: 1. 2. Board of Trustees: a. Trustees b. Chancellor College Presidents for: a. Employees at colleges Vice Chancellors or District Office Managers for: District office employees

3. a . 4.

Appropriate College Administrator for: a. Travel for athletic programs or events b. Field trips c. Local mileage

• Except for local mileage, no travel reimbursement will be made unless written documentation is provided which reflects prior approval. B. Authorized Expenses
1 .

Common Carriers (Receipt and/or ticket stub required) a. Economy coach air fare for air travel. b. Regular far for other type common carrier.

If travel is planned by 'a method which costs significantly More than the economy airfare. reimbursement will be made for the amount of the airfare unless it is treated as a special circumstance and prior approval of the mode of travel is specifically made in advance.

EXHIBIT K 2. Personal Automobile

Peralta Community College District a.

Administrative Procedure 6,39

Should the traveler elect to use his/her own automobile, reimbursement will be limited to the local mileage rate., Mileage will normally be computed between home and meeting site. In the event the traveler leaves from his place of assignment, mileage will be computed between the place of assignment and the meeting site. If a personal automobile is used for trips of several days' duration. reimbursement for "en route" costs will be limited to one day in advance of and one day following the meeting.

b.

c.

3.

Lodging (Receipt required from hotel or lodging organization) a. Except for unusual circumstances. reimbursement for lodging shall not include the cost of suites or other special facilities. Prior authorization by the Chancellor will be required when unusual circumstances require special facilities. In most instances. lodging will not be paid when conference or meeting is within commuting distance of the District (Alameda or any contiguous county). Exceptions must be approved by the Chancellor.

b.

c.

4 .

Meal Expenses Meal expenses will be reimbursed only when an employee has received prior approval to attend an activity on behalf of the District. Employees will be reimbursed for the cost of meals at a daily per diem rate of $45.00 per day. Receipts should accompany reimbursement forms.

B.

Authorized Expenses Meals provided through convention registration will be allowed at cost.

5

Mileage Expenses Reimbursement for the use of a personal automobile is subject to the following conditions. To receive reimbursement a 'Transportation Report" must be submitted:

Peralta Community College District Administrative PrOcedure 6.39 b. When an employee is required to travel from the employee's residence directly to a destination other than the regular work location or is required to return home from a point other than the regular work location. 6 . Other Reimbursable Expenses The following other expenses will be reimbursed when an employee is authorized to attend an activity on behalf of the District: Telephone, telegraph and fax machine charges required in connection with District business. b. c. d. Parking', taxi, bridge tolls, and portage. Registration fees. Gratuities in accordance with local custom. The amount shall be included in the applicable expense amount.

C .

Advances 1. A cash advance may be provided for up to 80% of estimated reimbursable expenses. (Air fare may only be counted if the traveler is purchasing his/her own ticket; may not be counted ifticket is obtained through a requisition). If an employee has two or

more expense claims outstanding no advance will be made.
2. District personnel desiring an advance of funds must submit a 'Travel Form" completing Park B at least 15 working days prior to planned date of departure. The request will include all estimated expenses, as shown on the approved "Conference Attendance Approval" forM which shall be attached. All persOnnel must complete and submit "Part-C" of the Travel Form immediately upon return from the conference, attaching all necessary receipts and recording all reimbursable expenSes. If the advance exceeds the total reimbursable expenses, a check made payable to the Peralta Community College District for the total balance refundable to the District will be attached to the Travel Form.

3

4.

D.

Athletic Participation

1. All fUnds allocated for athletes will be for college-sponsored and governed activities as defined by the Education Code. Request for reimbursement shall be approved by the appropriate college administrator and shall be in conformanCe with the following

Peralta Community College District

Administrative Procedure 6.39

District regulations. All appropriate activities are defined by the State Athletic Code. 2. All requests for advances must be in the District office 15 working days prior to the event. Exceptions will be allowed for events where the team or individual qualifies for the championship through playoffs. In the case of playoffs, the request for advance shall be expedited. The appropriate athletic director shall notify the college . business office when there is the potential of a rush advance so that details for expediting the advance can be arranged. The 'Verification of Athletic Activity Expenses" form will be submitted to the District business office immediately upon the completion of the last event covered by the appropriate monthly advance. This verification shall include student and staff signatures for meal, receipts for lodging, entry fees, bridge tolls, gas-oil, and other authorized expenditures. Athletic staff and students will be reimbursed for meals in amounts not to exceed the following limits for participation in regularly scheduled athletic contests: Breakfast $3.50 Lunch $4.50 Dinner $7.00 Post Game $4.00

3.

4.

(If the team receives breakfast, lunch and dinner, they will not be allowed the post game amount).
5. Activities or Events Supported by External Funds Activities or events supported in fUll or in part by external funding shall be conducted . within the framework of the purposes and guidelines established for that purpose, as approved by the College President and the Dean of.Student Services. 6. Other Student Activity Any activity requiring District payment for student expenses not specifically covered by these guidelines will be submitted by the College President to the Chancellor for approval three weeks prior to the time of such activity. E. Trustee and Student Trustee Travel 1 . All Trustee and Student Trustee travel which will involve use of District funds will be subject to review and approval by the officers of the Board. The Board shall have a total budget of $55,000 allotted to travel expeises. An annual report shall be submitted to the Board of Trustees showing budgeted and actual expenditures.

Peralta Community College District Administrative Procedure 6.39 2 . A balance of each Trustee's travel allotment is recorded on each Travel Request Form submitted to the Chancellor. If a travel request exceeds the allocated amount, the Trustee should be informed of the balance remaining prior to staff submitting the form. Trustees usually inform Chancellor's staff of plans to attend specific activity. Source of Law: Developed by Administration: April 23, 1991 Revised (first reading) January 25, 2000 Developed by Administration: February 8, 2000

Peralta Community College District
Policy 6.39 Conference/Professional Development and Travel

Board Policy 6.39

POLICY: It is the policy of the District to reimburse, to the extent possible within financial restraints and District guidelines; expenses incurred by employees and Trustees for travel, conferences, and meetings of professional and educational organizations and associations. It is the position of the District that the training gained by participation in such activities can contribute significantly to personal job performance and to the quality of the educational mission of the district. Per diem will be periodically reviewed by the administration and Trustees. PROCEDURES: A. Employees District employees performing District services, regardless of funding source, shall be reimbursed as provided by the Education Code and District procedures for authorized expenses incurred in the following categories: 1. Required Travel A District employee who is required by an appropriate District or College administrator to attend meetings, or to transact any District business outside the District, shall be reimbursed for all necessary expenses in accordance with District administrative procedures. 2. Other Conference Travel a. A District employee may be authorized, without loss of salary and with reimbursement for all or a portion of necessary expenses, to attend conferences, meetings, or workshops called by other than the Peralta Community College District. Such conference or meeting attendance and travel must be authorized by the appropriate administrator and the Chancellor when it has been determined that the District will benefit by such attendance. Employees who hold elected or appointed positions in recognized educational and professional. organizations or participate on review panels and advisory bodies of external organizations,: agencies, and associations, may be authorized to attend regional, state or national conferences, without loss of salary and with reimbursement for all or a portion of necessary expenses. Such conference or meeting attendance and travel must be authorized by the appropriate administrator and the Chancellor when it has been determined that the District will benefit by such attendance. •

b.

Peralta Community College District 3 . Mileage for Travel

Board Policy 6.39

Use of an employee's car in connection with travel necessary in the normal course of the employee's duties, may be authorized in accordance with District administrative procedures. (Travel in which a round trip is equal to or less than two hundred miles shall be considered local travel). 4 . Out-of-State Travel All out-of-state travel by District employees must be approved by the Chancellor. Reimbursement will be authorized for all or a portion of expenses in accordance with District administrative procedures. 5. In-Service Training a . Regular employees may be authorized by the College President and the Chancellor, to attend, at District expense, training programs designed specifically upgrade their skills and knowledge of new technology and/or methodology that will benefit the District. (This in-service training shall not be used as a basis for salary advancement). Eligible programs shall include, but not be limited to, seminars, training institutes or specific training courses, conducted by recognized professional institutions, organizations, or associations. . In accordance with District procedures, reimbursement will be made upon successful completion of the approved training. Reimbursement shall not be allowed for any employee who is receiving training and is eligible for reimbursement by any other government agency, organization, or association, in accordance with the Education Code.

b.

c. d.

6 .

Authorized Expenses a. Reimbursement for travel and participation in meetings and conferences shall conform with District rules and • regulations ' covering organizational membership, required travel, and other conferences. Only actual and necessary traveling expenses will be allowed for transportation, lodging, meals, registration fees, and ordinary and customary. gratuities, and other authorized expenses in accordance with District administrative pro6edures. This does not include alcoholic beverages, according to Board Policy 6.40.

b.

Peralta Community College District B: Students

Board Policy 6.39

1.

Students may be reimbursed from District funds to the extent authorized by the Education Code for expenses incurred in the following categories: a. Participation in co-curricular activities or events as authorized and defined by the Education Code, provided that such activity or event: (1) Is approved by the appropriate administrator. (2) Is an extension of classroom instruction or related College program. Participation in other events where student attendance is required may be authorized by the appropriate District administrator if it has been determined that the District and students will benefit by such attendance. Participation by students as members of an athletic team in athletic events at a place other than the Peralta Community College District, as authorized by the Education Code. Participation in activities or events supported in full or in part by external funding which are conducted within the framework of the purposes and guidelines established for the program, and are approved by the College _President.

b.

c.

d.

2 .

Authorized Expenses a. Reimbursement for co-curricular activity expenses shall be limited . to lodging, transportation, and conference fees, in accordance with District administrative procedures. Reimbursement for athletic activity expenses will include lodging, meals,. entry fees, and transportation, in accordance with District administrative procedures. Reimbursement for expense of student representatives at selected conferences may be authorized by the College President and/or Chancellor in accordance with.District administrative procedures. Social events and awards intended to recognize the achievements of student athletes shall be funded, to the extent possible, from gate receipts, contributions, und-raising activities, and the individual payment by participants in such events. Other District funds may be used supplementally if approved by the College President and Chancellor.

b.

c.

d.

Peralta Community College District C. Chancellor and Board of Trustees 1.

Board Policy 6.39

The President of the Board of Trustees will encourage Board representation at regularly-scheduled conferences of associations in which the Peralta Community College District maintains Membership. The Board's travel will be subject to review and approval by the Chancellor or designee. International travel is addressed in Board Policy 6.39-A.

2.

D.

Other than Trustees, Employees or Students 1. Travel, conference attendance, or mileage for other than Trustees, employees or students shall be authorized by the appropriate District or College administrator only when conducted within the purposes of externally-funded projects and in accordance with District administrative procedures. When a candidate for the positions of Chancellor, Sr. Vice Chancellor or College President is requested by the District to travel to the District for an interview or examination prior to possible employment, the District may reimburse the candidate for expenses necessarily incurred in traveling from his/her residence to the interview or examination. Reimbursements for such expense must be authorized in advance on a case-by-case basis by the Chancellor.

2.

E.

Vehicle Insurance. No officer or employee shall engage in any travel in connection with the performance of official business for the District in a privately owned vehicle, either his/her own or that belonging to another, unless the same is insured in such a Manner to comply with the provisions of general state law, in an amount sufficient to meet the California State Financial Responsibility Law, as found in the Motor Vehicle Code, Section 16056(a). These amounts are: Limit $15,000 Limit $30,000 Limit $5,000 bodily injury one person bodily injury two or more persons property damage

(The Procedures section of this manual contains guidelines for implementation of this policy.)

Peralta Community College District
Source of Law:

Board Policy 6.39

Approved by Board of Trustees: April 23, 1991 Revised June: 11, 1991 Revised January: 28, 1997 Revised (first reading): January 11, 2000 Revised (second reading): January 25, 2000 Approved by the Board of. rustees: February 8, 2000 First Reading (Revised): April 30, 2002 Approved: May 14, 2002

EXHIBIT L

Page 1 of 1
Jennifer Lenahan
From: Sent:

EXHIBIT L

Jennifer Lenahan

Saturday, July 25, 2009 12:40 PM To: elihu2000@aol.com; Thuy Thi Nguyen; mark_paschal@hotmail.com; Karen Ulrich Subject: FVV: Information Importance: High Attachments: cover.rtf this person, Mavis, is a friend of Jennifer's that applied for the CIO/IT position. As shown here, she has sent this persona copy of Betty _________'s cover letter as a sample of how she should construct her cover letter. I am wondering how she obtained this. Also, this information is confidential. -Karen Attorney/client Privilege From: Jennifer Lenahan Sent: Thursday, January 29, 2009 8:42 AM To: Mavis Guber Subject: RE: Information
Here is an example. This is the cover letter from the current President at Berkeley City College. Yours does not need to be so explicit - identify your strong points relating to project management,and how you can assist with PeopleSoft, plus address diversity. JL

From: Mavis Guber [mailto:mavisguber@yahoo.corn] Sent: Monday, January 26, 2009 1:49 PM To: Jennifer Lenahan Subject: Information

Would you please send me the Cover Letter we talked about yesterday?. Am getting everything together and will have letter of app complete by.this evening - will send to you. Thanks
Mavis
A

fr)

EXHIBIT M

XHIBIT M

August25,2007 Selection Committee Human Resources Department Peralta Community College District 333 East 8th Street Oakland, CA 94606 Re: Applications for Associate Vice Chancellor, Information Technology Dear Selection Committee Members: I have approximately nineteen years of experience in educational administration working in large, multicollege campuses in two states (California: Modesto Junior College and Florida: MiamiDade College). I also have fourteen years of senior-level administrative experience as associate superintendenVvice president of academic affairs at Allan Hancock College (AHC), a single college district with one main campus and three off-campus centers. I taught English and English as a Second Language for fourteen years at the community college and university levels. My teaching experience has enabled me to understand the learning process and the needs of students as •1 incorporated innovations and effective classroom strategies grounded in pedagogy and research. I understand assessment techniques and have guided initiatives in the area of learning outcomes assessment. My educational background, including my Ph.D. in educational administration from the University of Texas at Austin, provided me with the theoretical and practical frameworks for understanding community college leadership and administration. My doctoral internship, under the expert guidance of Dr. Robert McCabe, former President of Miami Dade College, allowed me to get a closer look althe interrelationships among various college entities including the Board of Trustees, the college president, chief academic and student services vice presidents, and discipline faculty. As administrative intern, I •shadowed" Dr. McCabe and viewed his policies and interactions with his executive team as well as campus constituencies. As district director at Miami Dade College, I coordinated a major general education reform at Miami Dade College. This work involved 100 faculty from four campuses. Because of my extensive experience and background, 1 believe I am well positioned to become the next President of Berkeley City College.

Demonstrated Experience as a Visionary Leader with an Educational Philosophy grounded in Student Success and Access

My educational philosophy can be described by the core values that guide my daily actions as an educational leader. These core values include: (1) enhancing student engagement so that students can meet their educational goals; (2) providing a supportive and academically challenging environment addressing the needs of diverse students; (3) promoting academic quality, integrity, and superlative support services through deliberate plans and the assessment of student leaming outcomes; (4) providing an intellectually open, inclusive, and collaborative environment that supports student success and recognizes the endeavors of faculty and staff; (5) developing outstanding innovative programs that support student access and meet the needs of a diverse student population; (6) embracing and supporting the open door policy and creating programs that support the varying cultural, ethnic, lifestyle backgrounds of students as well as designing programs to support students with disabilities and varying degrees of college readiness; and (7) placing the college at the center of the cultural life of the communities it serves by promoting opportunities for lifelong learning.

Dedicated to Participatory Governance through Open, Inclusive, and Collegial Communication When I
was selected as vice president of academic affairs at AHC in 1993, I succeeded a 25-year vice president who had earned the respect of the college constituencies throughout her tenure. I worked diligently w.ith faculty and staff to earn their respect and trust. After fourteen years at Hancock, I have created an environment where faculty, staff, and administrators openly share concerns and work collectively toward mutual goals. I emphasize harmony in reaching mutual

goals. If there are divergent views, I employ my negotiating skills in trying to reach consensus. Some examples of this inclusive approach include finalizing an academic freedom policy with all twelve departments being represented. I thrive in a shared governance environment since my leadership style encourages open communication, active listening, feedback, and openness to change. I have a track record of empowering staff in support of student success. I take pride in modeling collegiality and mutual respect for all college constituencies and the community at large. I am particularly effective in building teams to arrive at particular outcomes (improvements in students transitioning from basic skills to transfer or occupational courses, expansion of the distance learning program, improved transfer rate as a result of university programs on campus, and support for program development in unique and emerging fields such as space operations, enology/viticulture, and "mechatronics. (a combination of engineering, electronics, and robotics).

Demonstrated Leadership and Commitment to the. Diverse Mission in Community Colleges including academic, occupational, basic skilfs, noncredit and student support services
For the last fourteen years at AHC, I have demonstrated leadership in program and course development in transfer, occupational, and basic skills education. As a non-voting member of the Academic Policy and Planning Committee, AHC's curriculum committee, I have provided guidance and support to the committee in all matters pertaining to program approval and course approvals. I have guided the deans to conduct market studies as part of the program application process to the Chancellor's Office. Some examples of transfer applications include a new psychology degree and the creation of an enology/viticulture program. In developing the enology/viticulture program, I worked closely with the one faculty in the discipline as well as the dean as we contacted representatives from the University of California, Davis, and Fresno State University in order to ensure that there was a clear transfer pathway to these universities. I encouraged the faculty in the business department to revise the business management and accounting degree options as AHC entered into an agreement with CSU Bakersfield to offer a bachelor's degree program in business on campus at AHC. In creating occupational programs, I have worked closely with industry partners and advisory committees in developing such programs as space operations (working closely with Vandenberg Air Force Base), emergency medical services, culinary arts and management, and manufacturing. I supervised the coordinator of contract education and have supported a thriving contract education program that supports the business community in AHC's service area. AHC also supports a small business development center and is the resource center for training businesses in environmental and hazardous materials prevention. In terms of noncredit, AHC has created certificates in the short-term vocational area in order to provide pathways from noncredit to credit and to qualify for enhanced funding under SB 361. As part of the retention committee at AHC, I have initiated joint ventures with student services professionals in designing an early alert program, an intrusive program of communication with faculty and counselors to reduce the number of students on academic probation, and the ongoing review of assessment scores as well as multiple measures to ensure that placement practices improve students' retention, persistence, and course completions.

Extensive Experience Cultivating Partnerships with Educational. Civic, and Business Organizations and Fundraising
In all colleges that I have worked at (AHC, Modesto Junior College, and Miami Dade College), I have initiated innovative practices designed to improve the academic environment, the learning process, and student success. At AHC, I developed a transfer achievement program as part of a Title III initiative. In this context, students in the program were enrolled in learning communities. These students also worked closely with the University Transfer Center to ensure that they were on a clear path toward transfer-readiness. At AHC, I worked closely with a group of interdisciplinary faculty in an effort to resurrect the honor's program. I have forged community partnerships that led to cooperative ventures with the city of Santa Maria whereby the college offered basic skills, ESL, computer, and parenting courses in neighborhoods that have predominately underrepresented students. This partnership also led to a new building for the City

of Santa Maria as part of a HUD grant. I constantly attempt to improve the teaching learning process and have been successful in writing grants that support innovation-interdisciplinary approaches in the humanities and social sciences as well as experiential learning and field trips in the science and fine arts disciplines. Over the years at AHC and Modesto Junior College I have established key partnerships with business and industry that have resulted in enhanced funding for the colleges. Some examples include (1) partnering with Marian Medical Hospital to expand the nursing program which allowed AHC to hire three additional full-time faculty and receive an annual donation to the college in the amount of $300,000; (2) initiating a partnership with the local automobile dealers which resulted in college donations of $200,000 to modernize the automotive technology program; (3) forging a partnership with the City of Santa Maria which resulted in the submission and award of a HUD grant to build a new facility for the city and for the college to provide the training; (4) partnering with nonprofit organizations that suppdrted an expanded foster parent program; (S) seeking advocacy with legislators and soliciting financial contributions as part of legislative set-asides-in this context there is a request for support for the nursing and paramedic programs in the amount of $4S0,000; (6) working closely With the Chamber of Commerce to justify the need for a baccalaureate degree program for working adults that is being offered by Cal Poly Polytechnic University; (7) partnering with a state-ofthe art multimedia company, CafeFX, to recruit student interns enrolled in such disciplines as multimedia, graphics, photography, and film; and (8) working closely with the Modesto agricultural community to bring special speakers to discuss the future of agriculture in the Central Valley. I have also leveraged funding ($50,000) by working with convalescent homes and smaller hospitals (for example Lompoc) in support of the Certified Nursing Assistant program. I have also worked closely with alumni in planning major celebrations and fundraising events as part of the 80th and 8Sth anniversaries of Allan Hancock College. The activities identified above build community coalitions and enhance the colleges' image and reputation. In addition, I participated in Hancock's capital campaign that resulted in a remodeled building that houses various university partners that offer baccalaureatedegree programs. I have personally written grants totaling close to six million dollars over my tenure at Hancock College. Demonstrated Understanding and Support for Technology I have continually sought resources (including targeted funding as part of the Measure I Bond at AHC) in order to incorporate new technologies in the classroom, laboratories, and administrative units. I have supported wireless labs in the open access labs, equipped 18 new classrooms with smart podiums, and improved the teacher resource. center by installing "cutting edge" technology and software. I co-chaired the distance learning task force with a faculty member and have provided staff development funds to train faculty in the use of Blackboard. We have upgraded to a new version of Blackboard that includes the capability of e-portfolios in support of instruction. In the area of services, I have leveraged funds (through grants primarily) to expand services to remote students including tutoring, advising, and financial aid. In the administrative arena, AHC is in the process of revamping all of the databases and migrating from a Legacy system to a new mainframe. The college is also in the process of extending WEB registration to include short-term courses and the noncredit student population. Demonstrated Knowledge of Key Education and Policy Issues Affecting California Community Colleges I constantly scan the environment and keep abreast of new policies and directions in California community colleges (from new accountability requirements as part of AB 1417 to new enhanced funding opportunities through SB 361 in the area of noncredit instruction). I try to anticipate the impact of legislation such as guidelines for high school concurrent enrollment, changes in curriculum approval processes at the state level, and in-depth understanding of accreditation standards that emphasize learning outcomes assessment. In terms of the latter, I created a college wide learning outcomes committee. To date, the college has identified learning outcomes for 70% of all courses and program outcomes for all occupational programs and 40% of transfer programs. The college has just finalized the identification of institutional learning outcomes which

will be linked to major strategic plans for the college. Accreditation, accountability measures, new funding criteria as colleges are moving away from provisions of program-based funding, new graduation requirements in English and mathematics, and basic skills initiatives at the state level are among the topics that' review, analyze, and provide strategies for the campus community to address.

Demonstrated Ability to Identify Fiscal Resources, Maximize Human Capital, and Embrace an Entrepreneurial Perspective
At AHC, I control a 26-million instructional budget and develop annual processes for faculty input, administrative review of budgets, and a mechanism to support budget augmentations based on departmentlevel goals. I have also managed categorical funding totaling close to two million dollars in grant funds. I am a prudent budget manager and work diligently to leverage funds through community partnerships and/or grants. Working closely with the vice president of administrative services at AHC, I have contributed to the maintenance of at least a 6% reserve. I encourage pathways for college employees to seek opportunities for advancement and maximize human capital by building compatible teams that result in meeting the strategic and institutional goals of the college and the community. I have leveraged funds by seeking grant funds totaling about 2 million each year. I am knowledgeable of state, federal, and foundation grant, opportunities as well as congressional set asides (in this context, I have worked closely with legislators).

Demonstrated Commitment to Community Involvement
Throughout my thirty-year career in education, I have maintained an unwavering dedication to serving the community. I value the word •community" and I am keenly aware of the role community colleges play in serving the community. As part of my community involvement with United Way, Leadership Santa Maria, and Kiwanis I emphasize the power of volunteering and have advocated for service learning programs for students in order to raise awareness about the value of community service and involvement.
.

Superlative Communication Skills as well as Public Speaking at the Local and State Levels and Extensive Experience with Strategic Planning Processes
I continually hone my communication skills as I deliver formal presentations on such topics as the community college mission, access and student retention, innovative practices in basic skills education, strategic planning processes, and educational master planning processes. I make periodic presentations to the Board of Trustees on such topics as enrollment management, assessment, and curriculum initiatives. In terms of planning, I have guided two strategic planning efforts, produced three educational and facilities master plans, developed measurable plans for the academic affairs unit for the last fourteen years, and coordinated program reviews. I have revised the program review process three times. The last revision in 2003 included a separate curriculum review, a new review process for occupational programs to take place every two years to ensure currency in occupational programs, and the incorporation of learning outcomes assessment. I have conducted both external and infernal scans, in concert with the office of institutional research, and was instrumental in guiding the development of institutional learning outcomes at AHC.

Sensitivity and Commitment to Equity and Diversity
I have a keen understanding and commitment to diversity. I started celebrating culture, language, and diversity at the multi-lingual, multi-ethnic, and international campuses of Miami Dade College. I am myself bilingual in Spanish and English and proficient in French. I have been an advocate for programs that support underrepresented students and students with disability. I have worked closely with the vice president of student services at AHC to update the Student Equity Plan. In my own classroom, I have developed courses that focus on western and nonwestern literature,

Chicano literature, women's studies, and international literature and film. I have worked with student clubs and ASBG to promote multicultural awareness and to celebrate the culture and heritage of the diverse students on campus. I believe I can be an asset to Berkeley City College. My leadership skills are displayed by my high level of enthusiasm, energy, and motivation to empower others and to generate "shared goals" that lead to an environment of trust, collaboration, creativity/flexibility, and professionalism. I am a voracious leader and put into practice current leadership theories and create frameworks to evaluate action plans. I have gained credibility and trust in all community college settings where I have worked. I have high standards and display integrity in my dealings with faculty, staff, and the community. I am confident that I will be able to establish positive, effective, and strong working relationships with all the diverse groups represented at Berkeley City College. I am committed to the community college mission having been a product of a community college education. I would be honored to have an opportunity for an interview. I can be reached at (805) 461-5679 or (805) 801-3133.

Sincerely,

EXHIBIT N

PERALTA COMMUNITY COLLEGE DISTRICT OFFICE OF HUMAN RESOURCES CONFIDENTIALITY AGREEMENT/NEPOTISM DECLARATION
As a member of a Screening/Interviewing Committee for the Peralta Community College District, I am acting as an agent for the District and I understand that I am participating in a confidential process. All of my actions related to this process are subject to the laws and regulations relating to equal opportunity and fair employment practices. Any breach of confidentiality will result in the removal of a committee member and abeyance of the recruitment process and any unauthorized disclosure of confidential information by a Selection Committee member will result in disciplinary action, including possible suspension from serving on selection committees in the futUre. I understand that I may be held personally responsible for any unauthorized disclosure of information. All communications regarding the work of the Committee shall come from the Committee Chair. The Chair shall consult the Associate Vice Chancellor for Human Resources as. needed. Failure to maintain confidentiality could constitute a violation of federal Or state law or regulations and incur liability on behalf of the District. • Specifically, Committee members agree not to release any confidential information, which relates to the recruitment process, including, but not limited to: • Names of persons who have applied for employment with the District; • Number of applications received; • Application or Applicant ratings or status; • • Any information pertaining to references, results or questions that are asked; • Written materials turned in by the applicant; • Oral discussions by or about applicants or committee members during or following the interview process. Any concerns regarding the qualifications of an applicant or adverse information regarding a specific applicant should be addressed immediately and directly to the Committee Chairperson, the Vice Chancellor for Human Resources, or the General Counsel. Per Board Policy 3.05 Nepotism, the "spouse or other. relative can not directly participate in making recommendations or decisions affecting the appointment, retention, tenure, .work assignments; promotion, demotion or salary of the spouse or relative." My signature below certifies that as a committee member, I am neither the spouse nor relative of any candidate in the applicant pool of this recruitment and selection process. I have read and understand the above Confidentiality Agreenient and Nepotism Declaration, and will comply with the Guidelines as described above. Signature Print Name Title of Open Position
rev 9/04

Date

DRAFT

REVISED 7/09/09 16:47


								
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