Anton Jungherr Notes

Special Board Meeting April 29, 2015, 10:00 AM,

Alvarado Adult Education Center
Pu bIic Employee DisciplinelDismissallRelease/Com

plain t

Disclaimer: The author of this document is a member of the WCCUSD Citizens'

Bond Oversight Committee (CBOC). However, the views expressed in this
document are those of the author Anton Jungherr and not of the CBOC.
Executive Summary
At the end of a almost two (2) hour closed session (during which Harter was
excluded from the closed session meeting) Todd Groves announced" the Board is
committed to independent forensic examination."
Before the Meeting
Before the meeting started, I heard Todd Groves say there were two (2) items on
the agenda, a teacher matter, and the matter in regards to Harter, and that Harter
would be excused during the closed discussion on his matter.
I also saw Harter give Attorney Tomas E. Gauthier (Lozano Smith Attorneys at
Law, the District's regular legal counsel) a flash drive. I assume it was the
documents on the CD that Dennis Clay mailed to all the Board members.
People at the Meeting
Present: All five (5) Board members. Harter, Debbie Haynie
Attorney Present: Thomas E. Gauthier, Managing Partner, Lozano Smith
Attorneys at Law Sacramento Office. Practice focus includes labor and
employment, employee discipline. (See attachment A) 1
Attorney Present: Jason P. Gonzalez, Nixon Peabody, the District's bond counsel.
One primary practice focus is government investigations, prosecutions, and
regulatory matters. See attachment B.
Public: Jungherr, Steinberg, Panas, Romero, Lozito, Snider, Scottie Smith, and
Harrington (WCT arrived after the close of public comments).

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

C:\Users\Anton\Documents\OOOO

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Documents Special Board Meeting April 29,20]5

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Page 1 of2

Anton Jungherr Notes

Special Board Meeting April 29, 2015, 10:00 AM,
Alvarado Adult Education Center
Public Employee DisciplinelDismissallRelease/Complaint
Meeting Notes
Todd Grove called the meeting to order at 10:00 AM. See agenda at attachment C.
See Government Code Section 54957, which was the basis for the closed session
discussion at attachment D.
Public comments from 10:00 AM to 10:10 AM

Jungherr (see attachment E)

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

Public comments ended at about 10:10 AM, all the public left the closed session
room # 1.
Debbie Haynie, Harter's Secretary also left the meeting.
Most of the public members waited around to the end of the closed session.
Harter left the closed session meeting about 10:25 AM and waited in another
room down the hall from the closed session meeting. He returned to the
meeting at 12:18 PM for the open session report. He \Viasexcluded from the
closed session meeting for almost two (2) hours.
11:15 AM - break for bathroom
12:12 PM closed session ended, break
12: 18 PM - open public session for report of closed session action
Todd Groves, "nothing to report. The Board is committed to independent
forensic examination."
12:19 PM - adjournment of open session.
Harrington interviewed Todd Groves after the meeting.
Prepared by: Anton Jungherr, April 29, 2015 at 3:45 PM
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Anton Jungberr Notes

Special Board Meeting April 29, 2015,10:00 AM,
Alvarado Adult Education Center
Public Employee Discipline/DismissallRelease/Complaint

ATTACHMENT A

lozano

Smith Attomey Bio

Page 1

ofl

Sear:')

A! 1{)P.f-I.-.Y-

THOMAS
Partner

'-.':SOLRCES

::lIVE~SITY

E. GAUTHIER

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

CONTACT
Sacramento
One Capitol Mall, Suite 640
Sacramento, CA 95814
T 916.329.7433
F 916.329.9050
Vcard: ~
[email protected]
Redding
2701 Old Eureka Way, Suite 2F
Redding, CA 96001

In addition, Mr. Gauthier represents public agencies in collective bargaining and labor relations matters. He
has broad experience in labor arbitrations, Public Employment Relations Board hearings, and related
administrative proceedings. Mr. Gauthier also has more than 10 years of experience in drafting and
negotiation of contracts, in facilities and business matters, and in regulatory compliance issues.
Presenter Experience
To assist with prevention of legal disputes, Mr. Gauthier gives interactive, hands-on seminars on topics
such as open government laws, personnel management, employment law, political activity in the
workplace, ethics, and elections rules. He is a frequent presenter at educational conferences on these
topics. Mr. Gauthier recently presented a webinar in collaboration with CASBO on the topic of Elections
101 - Rules of the Road for Political Campaigns.

T 530.243.8150
F 530.243.1745
PRACTICE

AREAS

Labor & Employment

Education
Mr. Gauthier received his J.D. from the University of California at Davis School of Law in 1996. He received
his SA from the University of California at Riverside in Political Science and Administrative Studies, cum
laude.

Students
Local Government
Community Colleges

Professional Affiliations
Member, California Council of School Attorneys

EDUCATION
J.D., University of California,
Davis
B.A. (cum laude), University of
California, Riverside
BAR ADMISSION
California, 1996
CLIENT NEWS BRIEFS
Recent Fines for Failure to
Disclose Gifts on Form 700 Serve
as a Reminder to Public Officials
Election Season 2012: Legal
Guidelines For Political Activity
On Public Property
Vendors Bearing Gifts:
Disclosure Requirements For
Public Officials And Employees

http://www.lozanosrnith.com/attorneys_bio.php?id=8

April 29, 2015

Anton Jungberr Notes

Special Board Meeting April 29, 2015, 10:00 AM,
Alvarado Adult Education Center
Public Employee DisciplinelDismissallRelease/Complaint

ATTACHMENT B

Jason P. Gonzalez

Page 1 of

~\II/!-- NIXON

- \,-. PEABODY
~",
I

CONTACT
Jason P. Gonzalez
Partner
Practice Group Leader, Privacy & Data Protection
Los Angeles
Phone: 213-629-6019
San Francisco
Phone: 415-984-8279
Fax: 866-233-7749
[email protected]
SERVICES
Government Investigations & White Collar Defense
Trade Secrets
Complex Commercial Litigation
Big Data
Arbitration
Privacy Litigation & Enforcement Actions
Foreign Corrupt Practices Act (FCPA)
Electronic Discovery & Digital Evidence
Privacy & Data Protection
Intellectual Property
Title IX: Safety and Security on College and
University Campuses
EDUCATION
Stanford University, J.D.
University of Michigan, B.A., with high honors
ADMISSIONS
California
U.S. District Court, Central District of California
U.S. District Court, Northern District of California

JASON P. GONZALEZ
Jason Gonzalez represents entities and individuals in all types of government
investigations, prosecutions and regulatory proceedings. He also represents a diverse
client base in federal and state commercial litigation and counsels clients regarding data
security and privacy. Jason is a Certified Information Privacy Professional/United
States (CIPP IUS), the preeminent credential in the field of privacy.

What Do You Focus On?

I focus my practice on three primary areas.
Government

Investigations,

Prosecutions

and Regulatory Matters

I leverage my nearly twelve years of experience as a federal prosecutor and deputy city
attorney to represent entities and individuals under investigation by federal, state and
local agencies. I've helped clients in matters brought by the criminal divisions of the
Northern, Central, and Southern District of California U.S. Attorney's offices, as well as
from the Department of Justice's Antitrust Division, the San Francisco District
Attorney's Office's Economic Crimes Unit, the District of Alaska U.S. Attorney's Office,
the California Department of Justice, the California Department of Health Care Services
and the Tax Division of the Central District U.S. Attorney's Office. I've also served
clients facing matters brought by federal agencies including the SEC, FBI, FAA,
Customs, DHS, HHS, TSA, the Federal Maritime Commission and the IRS. In addition,
I assist clients through internal investigations and compliance with the requirements
attached to conducting business on a global scale, including the Foreign Corrupt
Practices Act.
Commercial

Litigation

I've personally handled over 25 jury trials and dozens of arbitrations and other
contested court proceedings. I leverage this experience to help clients involved in
commercial litigation regarding breach of contract, alleged violations of the California
wiretapping statute, commercial fraud claims and alleged violations of the Computer
Fraud and Abuse Act.
Data Security and Privacy

I use my training and experience as a former federal prosecutor and as a managing

director of a digital risk management and computer forensics firm to help clients assess
http://www.nixonpeabody.com/jason_p_gonzalez

April 29, 2015

Anton Jungberr Notes

Special Board Meeting April 29, 2015,10:00 AM,
Alvarado Adult Education Center
Public Employee DisciplinelDismissallRelease/Complaint

ATTACHMENT C

WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT

BOARD OF EDUCATION

SPECIAL MEETING AGENDA

CLOSED SESSION
WEDNESDAY, APRIL 29, 2015
10:00AM

BOARD AGENDA PACKETS AND INFORMATION:

Complete Board meeting packets are available for review at the Administration Building, the District's six high
schools, and at public libraries throughout West County.
Complete Board agendas and packets are available online at: www.wccusd.net.
Any writings or documents that are public records and are provided to a majority of the governing board
regarding an open session item on this agenda will be made available for public inspection in the District office
located at 1108 Bissell Avenue, Richmond, CA 94801 during normal business hours. In addition, such
writings and documents may be posted on the District's website as noted above.

ATTENDING BOARD MEETINGS:

Location:

ALVARADO ADULT EDUCATION CAMPUS

ROOMl
5625 SUTTER AVENUE
RICHMOND, CA 948054
The Board will convene at 10:00 AM in Room One to receive comments from anyone wishing to
address the Board regarding closed session items (Exhibit A). The Board will then adjourn to
closed session.

A.

B.

OPENING PROCEDURES
A.l

WELCOME AND MEETING PROCEDURES

A.2

ROLL CALL

CONVENE TO CLOSED SESSION

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

CLOSED SESSION
B.l

CALL TO ORDER

B.2

DISCLOSURE OF ITEMS TO BE DISCUSSED IN CLOSED SESSION

(Government Code 54957.7)

WCCUSD Board of Education

Special Meeting Agenda - April 29, 2015

See Exhibit A

(Government Code Section 54954.5)

EXHffiITA

(Government Code Section 54954.5)

CLOSED SESSION AGENDA
April 29, 2015
1.

PUBLIC EMPLOYEE

DISCIPLINEIDISMISSALIRELEASE/COMPLAINT

(Government Code Section 54957)

C.

RECONVENE
C.1

TO PUBLIC SESSION - REPORT OF CLOSED SESSION ACTIONS

REPORTIRA TIFICATION

D.

ADJOURNMENT

E.

THE NEXT SCHEDULED

OF CLOSED SESSION

BOARD OF EDUCATION

Lovonya DeJean Middle School - May 6, 2015

MEETING

Anton Jungberr Notes

Special Board Meeting April 29, 2015,10:00 AM,
Alvarado Adult Education Center
Public Employee DisciplinelDismissallRelease/Complaint

ATTACHMENT D

Law sectFoh

Page 1 of 1

cd~~
'7

LEGISLATIVE

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INFORIvIATION

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. Section:

54957.

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GOVERNMENTCODE-GOV
TITLE 5. LOCAL AGENCIES [50001 - 57550] (Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] (Division 2 added by Stats. 1949, Ch. 81. )
PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] (
Part 1 added by Stats. 1949, Ch. 81.)

CHAPTER 9. Meetings [54950 - 54963] (Chapter 9 added by Stats. 1953, Ch. 1588. )
54957. (a) This chapter shall not be construed to prevent the legislative body of a local agency from holding
closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police,
or their respective deputies, or a security consultant or a security operations manager, on matters posing a threat
to the security of public buildings, a threat to the security of essential public services, including water, drinking
water, wastewater treatment,

natural gas service, and electric service, or a threat to the public's right of access

to public services or public facilities.

(b) (1) Subject to paragraph (2), this chapter shall not be construed to prevent the legislative body of a local
agency from holding closed sessions during a regular or special meeting to consider the appointment,
employment,

evaluation of performance,

discipline, or dismissal of a public employee or to hear complaints or

charges brought against the employee by another person or employee unless the employee requests a public
session.
(2) As a condition to holding a closed session on specific complaints or charges brought against an employee by
another person or employee, the employee shall be given written notice of his or her right to have the complaints
or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee
personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any
disciplinary or other action taken by the legislative body against the employee based on the specific complaints or
charges in the closed session shall be null and void.
(3) The legislative body also may exclude from the public or closed meeting, during the examination
any or all other witnesses in the matter being investigated

of a witness,

by the legislative body.

(4) For the purposes of this subdivision, the term "employee"

shall include an officer or an independent contractor

who functions as an officer or an employee but shall not include any elected official, member of a legislative body
or other independent contractors. This subdivision shall not limit local officials' ability to hold closed session
meetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and
37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not include discussion or
action on proposed compensation except for a reduction of compensation that results from the imposition of
discipline.
(Amended by Stats. 2013, Ch. 11, See. 1. Effective January 1,2014.)

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

April 28, 2015

Anton Jungberr Notes

Special Board Meeting April 29, 2015,10:00 AM,
Alvarado Adult Education Center
Public Employee DisciplinelDismissallRelease/Complaint

ATTACHMENT E

Anton Jungberr Remarks

Special Board Meeting April 29, 2015, 10:00 AM,
Alvarado Adult Education Center
Public Employee DisciplinelDismissal/Release/Complaint

Disclaimer: The author of this document is a member of the WCCUSD Citizens'

Bond Oversight Committee (CBOC). However, the views expressed in this
document are those of the author Anton Jungherr and not of the CBOC.

I AM SPEAKING TO YOU THIS MORNING

BECAUSE OF MY CONCERN THAT YOU ARE
GOING TO DISMISS DENNIS CLAY FOR SENDING
TO YOU ON APRIL 22, 2015 VIA EMAIL
ALLEGATIONS OF ILLEGEL CONDUCT,
NEGLIGENCE AND CRIMINAL CONDUCT IN
REGARDS TO THE BOND PROGRAM.

IS THIS THE PURPOSE OF TODAY'S CLOSED

SESSION?

PAUSE

IN THE INTEREST OF PUBLIC ACCOUNTABILITY

AND TRANSPARANCY, I REQUEST THAT THE
BOARD:

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Page 1of3

Anton Jungberr Remarks

Special Board Meeting April 29, 2015, 10:00 AM,
Alvarado Adult Education Center
Public Employee DisciplinelDismissallRelease/Complaint

1. HIRE BY, MAY 15,2015, OUTSIDE LEGAL

COUNSEL TO WORK DIRECTLY FOR THE
BOARD TO REVIEW MR. CLAY'S
ALLEGATIONS AND PREPARE A WRITTEN
REPORT TO THE BOARD.
2. REQUEST THE CBOC AUDIT SUBCOMMITTEE
TO ASSIST THE BOARD IN SELECTING
OUTSIDE LEGAL COUNSEL FOR THE CLAY
REVIEW.
3. REQUEST THE OUTSIDE LEGAL COUNSEL
TO WORK WITH THE CBOC AUDIT
SUBCOMMITTEE IN THE CONDUCT OF THE
CLAY REVIEW.
4. RELEASE TODAY ALL OF THE DOCUMENTS
ON THE CD THAT MR. CLAY PROVIDED TO
THE BOARD ON APRIL 22, 2015.
I PLAN TO WAIT FOR THE REPORT OF CLOSED
SESSION ACTIONS.
WILL THAT REPORT BE MADE IN THIS ROOM?
C:\Users\Anton\Documents\OOOO CBOC 2.11.15\Clay Documents Special Board
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Page 2 of3

Anton Jungberr Remarks

Special Board Meeting April 29, 2015, 10:00 AM,
Alvarado Adult Education Center
Public Employee DisciplinefDismissal/Release/Complaint

PAUSE
I WOULD LIKE TO CLOSE WITH THIS THORGHT:
"(QUOTE) FACTS DO NOT CEASE TO EXIST
BECAUSE THEY ARE IGNORED (CLOSE QUOTE)"
REPEAT

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Page 3 of3

Anton Jungberr Notes

Special Board Meeting April 29, 2015, 10:00 AM,
Alvarado Adult Education Center
Public Employee DisciplinelDismissal/Release/Complaint

ATTACHMENT F

April 28, 2015

President Todd Groves

Secretary Randy Enos
Trustee Madeline Kronenberg
Trustee Valerie Cuevas
Trustee Liz Block
Sent by Email to WCCUSD Addresses
Dear Board of Education trustees:
In his April 22, 2015 letter, WCCUSD financial analyst Dennis Clay lays out a series of
specific allegations describing financial irregularities and potential financial malfeasance
that involve millions of dollars from the $1.6 billion school construction program funded
by district residents.
The financial mismanagement claims are backed up with
substantial documentation and detailed attachments. We, the undersigned, urge that
the trustees of the WCCUSD Board of Education initiate immediately an independent,
third-party forensic audit by a well-regarded firm whose auditors are Certified Fraud
Examiners and familiar with the construction industry.
Due to past concerns about the proper management of the finances for the WCCUSD
school construction program, the ongoing federal investigations by the Securities and
Exchange Commission (SEC) and the FBI, and now specific allegations from a
whistleblower, the Board of Education must act quickly to restore the public's trust in the
WCCUSD.
For the community to accept the findings from the audit, the auditors
described above must have complete discretion on how the forensic audit shall be
handled, the scope, the selection of the auditors and the findings. The audit shall be
free of any undue influence, particularly from those individuals named in the Dennis
Clay letter. The forensic audit must report directly to the trustees of the WCCUSD
Board of Education.
If the Board of Education does not approve for any reason an independent auditor as
described in this letter, many in the community will have no confidence in the integrity of
the financial management of the school construction program. As a result, community
leaders will call for even greater attention to WCCUSD finances to the wider public and
the authorities. From California Code Section 54594.5, our understanding is that only
some specific portions of Dennis Clay's letter pertaining to the 2014 Performance Audit
may be reviewed in closed session. All other issues raised by Mr. Clay must be
discussed in open session by the trustees.
The WCCUSD Board of Education has a fiduciary responsibility to ensure that the bond
funds are managed properly. The public's lack of trust has been building as evidenced
by the loss of Measure H. Furthermore, plea bargains in Sweetwater Unified School

Page 1 of 3

District trials confirmed that SGI Construction Management has bribed public officials,
further validating many concerns from the community.
We urge the trustees from the Board of Education to approve immediately an
independent forensic audit to investigate the detailed and documented claims from
Dennis Clay's letter.
Sincerely,

Officer, Parents for Better Education

Former Citizens Bond Oversight Committee (CBOC) Member
West Contra Costa Unified School District
Contra Costa County Resident

Valerie Snider
Treasurer, Parents for Better Education, WCCUSD parent
West Contra Costa County Resident

--'----.
B.
teinberg
Principal, Parents for Better Education
West Contra Costa Resident

Sue Pricco
Former Citizens Bond Oversight Committee (CBOC) Chair for
West Contra Costa Unified School District

Page 2 of 3

Charles Cowens
Former Citizens' Bond Oversight Committee and Community Budget Advisory
Committee Member
West Contra Costa Resident

Paul Freese
Former Chairman, Hercules Education Commission
West Contra Costa Resident

Lori Chinn

Retired Public Education Administrator

West Contra Costa Resident

Page 3 of 3

Anton Jungberr Notes

Special Board Meeting April 29, 2015,10:00 AM,
Alvarado Adult Education Center
Pu blic Employee DisciplinelDismissallRelease/Com plaint

ATTACHMENT G

Law sectiOn

~fiic

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LEGISLATIVE

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Code:

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LABOR CODE - LAB

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

PART 3. PRIVILEGES AND IMMUNITIES [920 -1138.5]

(Part 3 enacted by Stats. 1937, Ch. 90.)

CHAPTER 5. Political Affiliations [1101 - 1106] (Chapter 5 enacted by Stats. 1937, Ch. 90. )
1102.5. (a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any
rule, regulation, or policy preventing an employee from disclosing information to a government or law

enforcement agency, to a person with authority over the employee, or to another employee who has authority to
investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying
before, any public body conducting an investigation,

hearing, or inquiry, if the employee has reasonable cause to

believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance
with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the
employee's job duties.
(b) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for
disclosing information,

or because the employer believes that the employee disclosed or may disclose

information, to a government or law enforcement agency, to a person with authority over the employee or
another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for
providing information to, or testifying before, any public body conducting an investigation,

hearing, or inquiry, if

the employee has reasonable cause to believe that the information discloses a violation of state or federal statute,
or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether
disclosing the information is part of the employee's job duties.

I
I

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

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

(e) A report made by an employee of a government agency to his or her employer is a disclosure of information

to a government or law enforcement agency pursuant to subdivisions (a) and (b).

(f) In addition to other penalties, an employer that is a corporation or limited liability company is liable for a civil

(g) This section does not apply to rules, regulations, or policies that implement, or to actions by employers

I
I

against employees who violate, the confidentiality

"

penalty not exceeding ten thousand dollars ($10,000) for each violation of this section.

of the lawyer-client

privilege of Article 3 (commencing with

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

~11

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

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

April 29, 2015