DANNIS

II
WOLIVER at Law

KELLEY

!i.AN FRANCI!i.CO 71 Stevenson 19th Floor Street

CARL Y A. DADSON
Attorney cdadson@DWKesq.com

San Francisco. CA 94105 TEL 415.5434111 FAX 415.543.4384

Long Beach
lONG BEACh Boulevard 301 East Ocean Suite 1750

May 10,2012 VIA EMAIL Rob Kuznia Staff Writer Daily Breeze 3991 Voyage Street Torrance, CA 90503 Re: Centinela Valley Union High School District! Public Records Request dated May 1, 2012; Our file 1995.1101

Long Beach, CA 90802 TEL 562.366.8500 FAX 562.366.8505

SAN

[lIEGO

750 B St?eet Suite 2310 San Diego. CA 92101 TEL 619.595.0202 FAX 619.702.6202

www.DWKesq.com

Dear Mr. Kuznia: Centinela Valley Union High School District ("District") has reviewed its files for documents responsive to the above-referenced public records request for "[a]ny documents that describe the allegations lodged against Dr. Carranza." You issued this request in response to the District's April 30, 2012 production of documents related to Dr. Raul Carranza's resignation from the District as a result of threatened disciplinary action. To the extent your request seeks documents that constitute personnel records exempt from disclosure pursuant to Government Code section 6254, subdivision (c), preliminary drafts, notes, or interagency or intra-agency memoranda not retained in the ordinary course of business pursuant to Government Code section 6254, subdivision (a), and/or documents protected by the attorney-client communication or other privilege exempt from disclosure pursuant to Government Code section 6245, subdivision (k), and Evidence Code Section 954, such documents shall not be produced Nevertheless, to the degree the document(s) you seek exist and are not exempt from disclosure, they are enclosed.

DEDICATION WISDOM

LB 499956vl

KNOW-HOW

Rob Kuznia Daily Breeze May 10, 2012 Page 2

Please do not hesitate to contact the undersigned with questions regarding this matter. Very truly yours,

CAD:mh Enclosures

2
lB 499956vl

Centinela Valley Union High School District
Human Resources Division
14901 S. Inglewood Avenue, Lawndale, CA 90260
(310) 263-3200; (310) 973"7983 Fax
Gloria A. Ramos, President Sandra C. SUarel, Vice-President Rocto C. Pizano, Clerk Hugo M. Rojas II, Member Marltza R. Molina, Member
Buperlnlendent Assistant " Board of Education

www.centinela.k12.ca.us

.

Jose A. Fernandaz
Superintendant

Human Resources Bob Cox

June 21. 2010
VIA FACSIMILE AND U.S. MAIL Judy Cullum, Staff Analyst Commission on Teacher Credentialing 1900 Capitol Avenue Sacramento, CA 95811
Re:

Raul Enrique Carranza

Dear Ms. Cullum: The CentineIa Valley Union High School District ("Districe) understands you have contacted our representative, Anahid Hoonanian of'Dannis Woliver Kelley, for additional information regarding the above-referenced matter. I have been asked by the District's Superintendent to respond to your request for additional information. Previously and under separate cover, the District provided you with a copy of relevant documents in the District's possession that are not privileged under the California Evidence Code. However, since you have requested other information (that is not necessarily in the form of documents that are privileged), we are now providing you with additional information listed below: • Around November 2009, District administration became aware of allegations that Mr. Carranza had been engaging in conduct that may have caused female employees to feel uncomfortable. No written complaint or information was submitted to the District. The District asked outside counsel to conduct an investigation into the allegations of inappropriate 01' misconduct by Dr. Raul Carranza, former Principal at Leuzinger High School ("Leuzinger").

Judy Cullum, Staff Analyst Commission on Teacher Credentiallng June 21, 2010 Page 2

Below is contact information for Leuzinger High School: 4118 W. Rosecrans Ave, Lawndale, CA 90260 Telephone: 310·263~2200 The current principal at Leuzinger is Dr. Ryan Smith.

• • •

The allegations did not involve any students or minors. The allegations were as follows: While working, Mr. Carranza pursued and/or had romantic relationships with female staff which made them feel uncomfortable. Shortly after the District's investigation, Mr. Carranza, through his representative, sought and reached a settlement agreement, a copy of which has previously been provided to you under separate cover.

If you need additional information, please contact counsel for the District, Anahid Hoonanian at Dannis Woliver Kelley at 562·3633-8500.

Assistant Superintendent of Human Resources cc: Anahid Hoonanian, Dannis Woliver Kelley

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"

SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release IS made and entered into by and between ~~ul Carranza (hereafter aCARRANZA~) and the Centinela Valley Union High Sct1QolDistrict (hereafter "DISTRICr) (collectively "Parties") In light of the following:fads:
RECITALS

A. WHEREAS):
reports of complaints

9f

on or about November

2009, the DISTRICT received sexual harassment against CARRANZA;

B. WHEREASr~ffective December 15, 2009, the DISTRICT placed CARRANZA on paid administrative leave pending an investigation into the complaints referenced: ln paragraph (A) above and immediately commenced an investigation into the ~ltegations;

WHEREAS~::at the conclusion of the investigation, the District determined that CARRANZA ma.y have engaged in behavior warranting
discipline;

c.

r'

and

;;,

D. WHEREAS/the Parties desire to avoid the uncertainty, inconvenience and expense of "tigat~Qn, and to bring all related matters to a dose;
:"

"

AGREEMENT
in consideration of the covenants] agreements and

:;

representations herei~~fter set forth and subject to the approval of and ratification by DlsTRIQrS Board of Education ("Boarer), DISTRICT and CARRANZA hereby' agree as follows: 1. CARRA~ZA'S Signature on this Agreement constitutes his irrevocable resignation from the DISTRICTS employment effective immediately. CARRANZA agrees never apply for any position with the DISTRICT or to bring any other claim base~,~upon an application for employment with the DISTRICT.

NOWf THEREfO~

to
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2. DISTRIOT shall issue a check. payable to CARRANZA in the gross amount of $43,725.26."cents via certified mail, return retelpt requested. Within seven (7) days after date this Agreement becomes effective and enforceable; applicable payroll taxeii will be Withheld. The Settlement Amount represents what CARRANZA w~ld have been paid had he remained on the District payroll through May 31, 201~.,

the

3. DISTRlbr agrees to continue contributing to the cost of CARRANZA'S haalthand welfare benefits at its current level through and Including June 30, 2Q10.

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SJ£'ITLEMEl'fI AGREEME1'fI AND GENERAL RELEASE Carranza ~ Ceutinelll Valley Union IDgb. School Diatrlct

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4. CARRMJZA agrees that he will be solely responsible for all taxes arising from all benefits' and sums, Including, but nat limited to the Settlement Amount, paid by DISTRICT under these provisions, induding, but not limited to, all federal, state and local taxes owed thereon, and further agrees that CARRANZA will indemnify, defend, and hold the DISTRICT hannless from any liability arising from anY payment or failure to make payment of any tax arising from any benefits or sems, including the Settlement Amount, received by or paid to CARRANZA under this Agreement
5. CARRANZA agrees to refer all Inquires to the DISTRICT's Assistant Superintende.-nt of Human Resources who will only verify the beginning and ending dates of CARRANZA'S employment assignment as well as his ending salary, '

6. CARRANZA agrees that the terms discussed herein constitute the entire amount of consideration provided to him under this Agreement and that he will not seek any furth~ compensation for any other claimed damage, costs or a.ttorneys' fees in connection with the matters encompassed in this Agreement. 7, Releases: and Waivers. For and in consideration of the obligations above described and sxcept as otherwise expressly stated in this Agreement, CARRANZA does hereby for himself and his agents, servants, spouses, domestic partners, employees and attorneys (past and present) release, acquit, and forever diseharqathe DISTRICT and all its agents, servants, employees, and attomeys (past and present), from any and all manner of action or actions, cause or causes of action, suits, workers' compensation claims, contracts, agreements, promises, liabilities, claims (including, but not limited to, claims for attorneys' fees, costs, and sanctions), damages, demands, losses, Costs, or expenses of any nature, whether f10w known or unknown, at law or in equity, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed, or,:which do exist, or which hereafter can, shall, or may exist, with respect to any an~ all subject matter(s), events and/or transactions whatsoever, including,' but not limited to, all those which arise out of, or relate to, CARRANZA'S employment with and termination from the DISTRICT 8. In addition, CARRANZA acknowledges that he has besn trtforme-d by his attorneys andl~r advisors or otherwise is aware of and familiar with section 1542 of the Civil Code':of the State of California which provides as follows:
A GENE;RAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW QR SUSPECT TO EXIST IN HIS FAVOR AT THE TIUE OF EXECUTING THE RELEASE. WHICH

1F KNOWN BY HIM MUST HAVE MATERIALLY

SI.TI'LEMENT ~

AG8EEMENT AND GJr,NERAL RELEASE

IWd ClUTallZabeu:tiJlela

ValleyUWOJl &bool District Bi;h

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AFFECTED HIS SETTLEMENT

DEBTOR.

WITH THE

CARRANZA her~by waives and relinquishes aU rights and benefits he has or may have under secticn 1542 of the Civil Code of the State of California to the full extent that CARRANZA may lawfully waive all such rights and benefits pertaining to the subJ~t matter of this Agreement. 9. CARRA~ agrees never to commence, prosecute, or cause, permit, advise or asstst to be commenced or prosecuted, any action or proceeding based upon any claims, demands, causes of action. obligations, damages or liabilities Which are released pursuant to this Agreement.

10. Representiltioos and Warranties, CARRANZA represents and agrees that he fully understands his right to discuss all aspects of this Agreement With an attorney, that to the extent, if any, that CARRANZA desired, CARRANZA has availed himself of this righ~ that CARRANZA has carefully read and fully understands all of the provisions of this Agreement, and that CARRANZA voluntarily enters into :this Agreement without duress or undue influence on the part of any person, firm or other entity. 11. CARRANZA represents and warrants that no other person or entity has claimed or now cl;iims any Interest in the subject of this Agreement, and he has the sole right and exc\usive authority to execute this Agreement and that he has not sold, aSSigned, transferred, or otherwise set over to any other person or entityl any claim. lien, demand, cause of action, obligation, damage, or liability covered thereby.
12. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto and constitutes the complete, final, and exclusive embodiment Of their ~reement with respect to the subject matter hereof. The terms of this Agreement are contractual and not 'a mere recital. This Agreement is executed without reliance upon any promise, warranty, or representation by any party or any representative of any party other than those expressly contained herein, and each party. has carefully read this Agreement. has been advised of its meaning and consequences by his or its respective attorney, and signs the same of his or its own free will. ' 13. Binding'Effect This Agreement shall bind the heirs, legal successors, personal' representatives, successors, and assigns of each party, and inure to the benefrt of each party and itsfhis agents, directors, trustees, officers. employees, servents, successors, and assigns. 14. Attomey.s' Feesand Costs. Except as otherwise provided herein, each party to this Agreement shall bear itslhls own costs, expenses, and
SE'ITLEMENT AGREE.MENT AND GENERAL RELEASE ~aul CaJ"IUllZa

t?::::. Centiocla Valley Union High School Di.rtrld

Page 3 oft)

attorneys' fees, whether taxable or otherwise, incurred in, arising out of, or in any way related to this Action and the matters released herein.
15. Enforcement. If any action is necessary to enforce or interpret the terms of this Agreement, the prevailing party or parties (as determined by the Court or other relevant authotity) in such action shall be entitled to its reasonable attorneys' fees and costs, including court costs and expert fees, whether or not such proceeding is prosecuted to judgment . 16. Jurisdiction. Any suit brought by the DISTRICT or CARRANZA to enforce any provision hereof Of for damages for the breach hereof, shall be commenced and maintained exclusively in the state courts sitting in California,

17. Applicable Law. This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of California as applied to contracts made and to be performed entirely within California.
18. Language and Terms, The language and terms of this Agreement are to be understood in their ordinary sense (except where othelWise defined) and are not to be interpreted In a technical manner so as. to unfairly deprive any party of substantive rights. . 19. Construction. The text of this Agreement is the product of negotiation among both parties and is not to be construed as having been prepared by one party or the other, but shall be construed as if aU Parties jointly prepared this Agreement, and any uncertainty or ambiguity shall not be interpreted against anyone party, 20. Counterparts. This Agreement may be executed in dupticate originals, induding facslrniles, each of which is equally admissible in evidence, and each Original shall fully bind each party as if all had signed the same copy. Upon execution by all Parties, each signed counterpart shall constitute one

original.

21. Severability. In the event-any provision of this Agreement is fQund to be illega.l or unenforceable, such illegality or un enforceability shall not prevent enforcement of all other provisions of the Agreement.
22. Not.ic~ All notices required or permitted to be given under this. Agreement must be in writing and may be given by any method of delivery which provides evidence or confirmation of receipt, including personal delivery, express courier (such as Federc:1I xpress), facsimile, and prepaid certified or registered E mail with return receipt requested. Notices shall be deemed to have been given and received on the date of actual receipt Of, ITany of the foHowing dates is
SETILEMENT ~uJ. AGREEMENT
ANJ)

GENERAL RELEASE Valley Union Wgh Schooi District

CII.:rran7;a ~Cadinela

Page:4 of6

sent if sent by facsimile and first class mail; one (1) business day after sending, if sent via express courier; or five (5) business days after deposit in the U.S, mail, if sent by certified or registered mai1. Notices shall be given or addressed to the respective parties at the fol,lOwing addresses: To:
RflUI Carranza1 an Individual

applicable and is earlier, then on such earlier date: on the business day actually

To:

Jose Fernandez,Superintendent
Centinela Valley Union High School District 14901 Inglewood Avenue Lawndale> CA 90260-1251

Any party may change its address for the purpose of this section by giving written notice of such change to the other party in the manner herein provided.
23. Authority. Each party warrants that the person signing below is
authorized to sign this Agreement on its behatf and to bind ITto the terms of this Agreement.

24. Modifications. This Agreement shall not be modified by any party by oral representation made before or after the execution of this Agreement. All modifications must be in writing and signed by the Parties hsreto, 25. Execution of Further Documents. Each of the Parties hereto agree to perform all acts and to execute, deliver and file all documents reasonebly necessary to effectuate the lights and obligations set forth herein and to cany out the purposes and intent of the Agreement.
26. Voluntary I'lnd Knowing. This Agreement Is executed voluntarily and without any duress or undue influence on the Parties hereto. The Parties acknowledge that:

a,
b.

THEY HAVE READ THIS AGREEMENT; THEY WERE REPRESENTED IN THE PREPARATION, NEGOTIATION, AND EXECUTION OF THfS AGREEMENT BY LEGAL COUNSEL OF THEtR OWN CHOICE OR HAD THE OPPORTUNITY TO RETAIN LEGAL COUNSEL AND HAS ELECTED NOT TO DO SO; THEY UNDERSTAND THE TERMS AND CONSEQUENCES OF THIS AGREEMENT AND OF THE RELEASES AND WAIVERS IT CONTAINS;

c.

hid

SE'ITLEMl!:NT AqREEMENT Al'Ol GENERAL lU£LEA.SE
Caaa:oza ~entinela VaDey lInion Jfi~ School District

I".age 5 of6

d.

THEY ARE FULLY AWARE OF THE LEGAL AND BINDING EFFECT OF THIS AGREEMENT AND SIGN THE SAME OF THEIR OWN FREE WILL; AND THEY ARE COMPETENT AND OF SOUND MIND.

e.

IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement and Release on the respective dates set forth below.

Dated:

I

t

12. C.

CENTINELA VALLEY UNION HIGH SCHOOL DISTRICT

Dated: __

----l~.p'""""-,.....=--..:::c7.-......:t,.~1 __

,2010

Bob Co~

~4.. ~... ".
. ...

Assistant Superintendent Human Resources

SETfLEMI.NT

AGREEMENT AND GENERAL RELEASE /J-<-.ce.ntinelll VaIIey Union Bigb School District Page 6

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