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Dillard v.

Alameda County Associated


Community Action Program Governing Board

EXHIBIT A
VERIFIED PETITION FOR WRIT OF MANDATE
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT B
VERIFIED PETITION FOR WRIT OF MANDATE
Bylaws
of the
Governing Board
of the

Associated Community Action Program


of Alameda County
CONTENTS
Subject: Page Number

Article I: Name and Territory................................................................1

Article II: Purpose and Goal..................................................................1

Article III: Membership of the Governing Board.....................................1

3.1 Membership .....................................................................................1


3.2 Size of Board....................................................................................1
3.3 Term of Office .................................................................................2

Article IV: Powers and Duties of the Governing Board ..........................2

Article V: Officers of the Governing Board and Duties..........................4

5.1 Officers ............................................................................................4

Article VI: Meetings and Rules ..............................................................4

6.1 Regular Meetings .............................................................................4


6.2 Special Meetings..............................................................................4
6.3 Executive Sessions...........................................................................4
6.4 General Rules for All Meetings .......................................................5

Article VII: Committees ...........................................................................5

Article VIII: Amendments to the Bylaws...................................................5

Article IX: Severability ...........................................................................6


ARTICLE I
Name and Territory

The Associated Community Action Program (ACAP) is the Community Action Agency for
Alameda County, with the exception of those areas lying within the city limits of Oakland and
Berkeley. The ACAP Governing Board (GB) is comprised of the parties signatory to the Joint
Powers Agreement establishing a Community Action Agency in Alameda County, dated September
14, 1976 and those signatory to subsequent amendments thereto, and operates pursuant to it and the
Economic Opportunity Act of 1964, as amended, and the Headstart, Economic Opportunity, and
Community Partnership Act of 1974.

ARTICLE II
Purpose and Goal

The purposes for which ACAP was created are those enumerated in the aforementioned ACAP
Joint Powers Agreement (JPA).

ARTICLE III
Membership of the Governing Board

3.1 MEMBERSHIP

The agency shall be governed by a Governing Board composed of one elected official appointed by
and from the legislative body of each of the parties signatory to the ACAP Joint Powers Agreement.
Each signatory shall also appoint an alternate board member who shall be an elected member of the
legislative body appointing him/her, who shall perform the duties of the member in the absence of
said board members. Both such appointments shall be consistent with applicable federal nepotism
regulations. Board members and/or their alternates will be seated after receiving an orientation by
ACAP staff.

3.2 SIZE OF THE BOARD

The Governing Board shall have as many members as the number of participating parties signatory
to the ACAP Joint Powers Agreement.

Page 1
3.3 TERM OF OFFICE

The members and officers of the Governing Board shall serve for terms of one year, beginning in
January of each year, without limitation as to reappointment.

ARTICLE IV
Powers and Duties of the Governing Board

A. Each member of the ACAP Governing Board of Directors (“GB”), together with other
members of the board, is legally and ethically responsible for all activities of the Joint
Powers Authority of ACAP. All members of the board share in a joint and collective
authority, which exists and can only be exercised WHEN THE GROUP IS IN SESSION
AND A QUORUM IS PRESENT.

B. The ACAP GB is the principal policy making unit of Joint Powers Authority of ACAP.
As such, the ACAP GB’s responsibilities include creating and overseeing the overall
structural organization of the JPA, overseeing and supporting ACAP’s efforts to obtain
private and public funds, and making overall ACAP policy decisions.

Being FIRST, primarily, and fundamentally a POLICY MAKING BODY, as


distinguished from that portion of the Joint Powers Authority charged with overseeing,
administering, implementing and executing policy (i.e., the Community Action Board,
the Executive Director and his/her staff). This means that while it may observe, question
and recommend items regarding the operation of all functions of the organization, it
should refrain, insofar as possible, from direct participation in those functions.

C. The ACAP GB is autonomous, bound only by its legal responsibilities under its charter,
bylaws and its contractual obligations to funding sources. Implied, however, is an
obligation to the citizens of the community to accomplish the objectives as stated in the
charter.

THE AUTHORITY OF THE BOARD RESULTS FROM ITS GROUP ACTION.


NO INDIVIDUAL BOARD MEMBER HAS ANY AUTHORITY OVER THE
ORGANIZATION.

D. The GB shall create and organize an Administering Board (Community Action Board –
“CAB”) in accordance with provisions set forth in the ACAP JPA. The CAB shall be a
tripartite board with a minimum of 12 members representing low-income, public and private
sectors as described in the CAB bylaws.

Page 2
E. The GB on behalf of the parties shall, in accordance with applicable federal regulations and
taking into consideration the advanced review and recommendation of the CAB, do the
following:

1. Approve the selection of an executive director, after public recruitment or by board


appointment, who shall serve at the pleasure of the GB.
The performance review of the Executive Director will be conducted on an annual
basis to provide guidance, support, and (as necessary) disciplinary action to ensure
that the executive leadership of ACAP is fulfilling its responsibilities to the low-
income community of Alameda County. The performance review, including
disciplinary actions up to and including termination, may be approved by the CAB
and subsequently approved by the GB before it can be acted upon.
2. Adopt, with or without amendment, the annual budget for the agency upon receipt
thereof from the CAB.
3. Adopt, with or without amendment the bi-annual Community Action Plan upon receipt
thereof from the CAB.
4. Require compliance with all applicable federal CSA statutes, regulations, and
instructions by all agency personnel with respect to all agency activities.
5. Adopt, with or without amendment submitted administrative policies and procedures
upon receipt thereof from the CAB.
6. Delegate administrative authority and responsibility in writing to the CAB as it deems
workable and desirable, by any means not in conflict with the provisions of this
agreement or applicable federal or California state regulations.
7. Engage supportive services, as necessary, including but not limited to, personnel,
purchasing, and legal services. Charges for any such services that are furnished by a
signatory to the JPA will be determined by the legislative body of said signatory party.

F. For the achievement of the purposes stated in the ACAP JPA, the Board shall act on behalf
of all the parties signatory to the ACAP JPA and shall have the power to bind the parties.
However, the Board shall have no power or authority to incur obligations in excess of the
amount of funds then appropriated to its use by a funding source.

Page 3
ARTICLE V
Officers of the Governing Board and Duties

5.1 Officers

The Board shall select from among its members a Chairperson who shall preside at all meetings. A
Vice-Chairperson shall be selected in a similar manner and shall preside in the absence of the
Chairperson. Elections shall be held at the GB meetings scheduled in December. The new GB Chair
will begin his/her term as of January 1 of the year immediately following the election.

ARTICLE VI
Meetings and Rules

6.1 Regular Meetings

All meetings of the GB shall be public in accordance with the provisions of the Ralph M. Brown
Act (California Government Code Sections 54950 et. seq). The Board shall meet not less frequently
than every ninety (90) days. Written notice of meetings shall be sent to all members of the GB at
least ten (10) days in advance of a meeting. Committee reports, reports from the Director, and other
agenda material shall be included in the mailing when available.

Advance publicity shall be provided to reasonably insure that the public will be notified of all GB
meetings; such publicity may include notice in various newspapers in the ACAP service area and
high traffic Internet sites. .

The agenda of regular meetings shall include minutes of the previous regular meeting, any special
meetings, and committee meetings held since the last general meeting. Opportunity for discussion
of all material mailed in advance shall be included in the agenda. Each meeting shall provide
opportunity for new business to be introduced from the floor and from the public whether or not it
has been included in the written agenda provided in advance of the meeting.

6.2 Special Meetings

Special meetings may be called by the Chairperson or at the request of a majority of the members of
the GB, stating the purpose, time and place of the meeting. In case of special meetings, 72 hours
advanced notice must be given to the public and the press.

6.3 Executive Sessions

Closed sessions may be held only when the Ralph M. Brown Act (California Government Code,
Section 54950 et. seq.) permits the holding of Executive Sessions.

Page 4
6.4 General Rules for all Meetings

A. Rules of Procedure
Robert's Rules of Order, Revised shall govern all questions of procedure not provided
for by these bylaws.

B. Votes
Each board member shall have one (1) vote.

C. Quorums
The presence of seven (7) members shall constitute a quorum for the transaction of
business, except that less than a quorum may adjourn from time to time.

D. Actions of the Board


Actions of the Board shall be by formal motion or resolution and no action may be taken
except upon the affirmative vote of members representing a majority of the votes present
at the meeting. Votes cast shall be cast only in person and not by proxy.

ARTICLE VII
Committees

There shall be such special committees as the Board may establish from time to time. There shall
be no permanent subcommittee to the Board.

ARTICLE VIII
Amendments to the Bylaws

These bylaws may be amended by a two-thirds vote of the members present at the meeting of the
board, provided notice of the proposed amendment(s) has been given to each board member in
writing at least 10 days prior to the meeting at which the proposed amendment(s) is to be
considered.

Page 5
ARTICLE IX
Severability

ARTICLE IX

SEVERABILITY

If any Article, section, paragraph, sentence, clause or phrase of these bylaws is held for any
reason to be illegal, unconstitutional, or null and void, such decision shall not affect the validity
of the remaining portion of these bylaws.

Amended March 17, 2010 ___________

Page 6
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT C
VERIFIED PETITION FOR WRIT OF MANDATE
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT D
VERIFIED PETITION FOR WRIT OF MANDATE
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT E
VERIFIED PETITION FOR WRIT OF MANDATE
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT F
VERIFIED PETITION FOR WRIT OF MANDATE
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT G
VERIFIED PETITION FOR WRIT OF MANDATE
From: <dsouza@ci.san-leandro.ca.us>
Date: February 18, 2011 10:03:19 PM PST
To: <travelbeyond@comcast.net>
Subject: Termination of Employment

By Hand Delivery February 18, 2011


Email (travelbeyond@comcast.net) February 18, 2011

Nanette Dillard
1365 Brewster Drive
El Cerrito, California 94530

Re: Termination of Employment

Dear Ms. Dillard:

As you are well aware, the Executive Director of the Associated Community Action Program (“ACAP”)
“shall serve at the pleasure of the (ACAP Governing Board)”, and said Board retains the exclusive
jurisdiction to discipline the Executive Director, “up to and including termination of employment”. See
Bylaws of the Governing Board of the Associated Community Action Program of Alameda County, Article
IV, Section E.

Further, Section 2.1 of Policies and Procedures of the Associated Community Action Program (“Policy
Manual”), At-Will employment, provides in relevant part:

Employment at ACAP is at-will. This means that ACAP has the right to terminate your employment, and
you have the right to resign, at any time, with or without a reason and with or without prior notice. …

On or about February 3, 2011, you (and/or your husband with your knowledge) removed property from
ACAP’s premises without authorization and in direct violation of ACAP policies and the contract terms and
guidelines associated with ACAP programs. Specifically, property access records and surveillance video
taken at the premises indicate that, on or about 1:30 a.m., two vehicles consistent with vehicles owned
by you and Paul Daniels arrived at 111 Review Way, and two persons fitting your descriptions began
removing boxes from the building into those vehicles. All of the files, binders, and documents that
previously existed in your office were removed that morning, along with files, binders, and documents
maintained in the office of Deputy Director Lenita Ellis.

On February 4, 2011, when confronted by Hayward Police Officer D. Rodriguez and Ms. Ellis, Mr. Daniels
conceded that he knew the whereabouts of these materials and would facilitate their return. Later that
day, Mr. Daniels returned some, but not all, of the stolen material. Although a complete list of missing
documents has not been finalized, it is believed that list includes: grant binders, Board application files,
bank account reconciliations, invoice records, audit files, monitor and reporting binders, related agency
historical data, and the personnel file related to your employment maintained by Ms. Ellis.

Section 5.3 of Policies and Procedures of the Associated Community Action Program (“Policy Manual”),
Misconduct, provides in relevant part:

Employees may be disciplined for misconduct, including but not limited to the following: … (2) Dishonest;
(3) theft…

Further, Section 9.0 of the Policy Manual, Personnel Records, states:


Personnel files are the property of ACAP and may not be removed from ACAP’s premises without written
authorization from the Personnel Manager.

Your employment with ACAP is terminated effective immediately. Enclosed with original hand delivered
letter is a final paycheck, which includes any accrued but unused vacation benefits. You must
immediately return to the undersigned all ACAP property in your possession, custody and control,
including, but not limited to: any ACAP documents or materials, access badges, keys, laptops, computer
equipment, and related items.

Sincerely,

Diana Souza
ACAP Board Chairperson
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT H
VERIFIED PETITION FOR WRIT OF MANDATE
Date: Wed, 23 Feb 2011 15:12:37 +0000
From: travelbeyond@comcast.net
To: mwalker@acap-action.org
CC: acapbiz@hotmail.com
Subject: Board Packet List Request

Hello again, Meredith,

As allowed by federal law, I would like to request to be placed on the list of individuals
and organizations that receive all board meeting notifications and packets.

Please forward the packets and notifications to:

Nanette Dillard
1365 Brewster Drive
El Cerrito, CA 94530

I am fine with receiving a scanned PDF copy by email to: travelbeyond@comcast.net.

Hope you are doing okay.

Best regards,

Nanette Dillard
(415) 425-8785
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT I
VERIFIED PETITION FOR WRIT OF MANDATE
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT J
VERIFIED PETITION FOR WRIT OF MANDATE
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT K
VERIFIED PETITION FOR WRIT OF MANDATE
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT L
VERIFIED PETITION FOR WRIT OF MANDATE
FRANKEL 0 G O L D W A R E,av opy
MICHELLE R. FERBER Of Counsel
RICHARD A. FRANKEL JAMES B. WICKERSHAM
STUART 1. GOLD WARE.
ELLEN P. ROSENBLUTH
INGRID VON KASCHNITZ
STUART I. GOLDWARE
sgoldware@danvillelaw.com
x234
March 11, 2011

VIA CERTIFIED MAIL

Diana Souza, Chairperson, Governing Board


Associated Community Action Program
24100 Amador Street, 3rd Floor
Hayward, CA 94544

Re: Wrongful Termination of Nanette Dillard


Demand to Cure or Correct Brown Act Violation

Dear Ms. Souza:

This office represents Nanette Dillard in connection with the unlawful purported
termination of her employment as the Executive Director of the Associated Community Action
Program ("ACAP"). Please have all further communication concerning this matter directed to
this office.

Ms. Dillard had been employed with the ACAP since 2002, first as an administrative
assistant, later becoming Executive Director in 2004. Under her leadership a $532,000 annual
budget grew to over $3,300,000. This growth was attributable to Ms. Dillard's considerable
talents and abilities. She created successful partnerships and collaborations, established multiple
fundraising streams, and implemented effective programs, using evidenced-based practices. Ms.
Dillard worked for two boards of directors, producing accurate, timely reports, meeting stringent
federal and state guidelines. She carried out these functions within an extremely cumbersome,
often erratic, and imperfect financial system administered by the Alameda County
Auditor/Controller and the Alameda County Treasurer, and her written employee evaluations
evidence that she performed well. ACAP underwent annual independent audits and was closely
monitored by those who provided the program's funding. During Ms. Dillard's tenure, ACAP
never missed a payroll, nor did it face a financial crisis. And it wouldn't have missed the
February 18, 2011, payroll had the board not unlawfully placed Ms. Dillard on administrative
leave on February 2, 2011.

If there were a cash flow issue at the time of the February 2 meeting, it was not the fault
of Ms. Dillard. It was the fault of governing board members who had not taken their
responsibilities seriously enough to form a quorum at any meeting since March, 2010. The
repeated failure to meet quorum requirements delayed formal action on numerous items, which

LOP RANCH 011 i BOLLINGER CANYON ROAD, SUITE 475 • SAN RAMON, CA 94583 • TEL (925) 355-9800 • FAX (925) 355-9801 www.darivillelaw.torn
Diana Souza, Chairperson, Governing Board
March 11, 2011
Page 2

would have enabled ACAP to receive grant money being held by the state or passed through the
county. Indeed, I am advised that, despite Ms. Dillard's advice to the contrary, you led a drive to
raise the quorum requirement to seven from the original five members. Even notwithstanding
the late approval of the ACAP 2011 budget at the February 2, 2011, meeting, had Ms. Dillard not
been placed on administrative leave, the February 18, 2011, payroll would have been met. Ms.
Dillard would have ensured that the funds be made available on an expedited basis.

I have reviewed the agenda for the February 2, 2011, board meeting. Nothing on that
agenda even remotely references any proposed action involving Ms. Dillard's employment
status. l Hence, the closed session action placing Ms. Dillard on administrative leave did not
comport with the requirements of the Ralph M. Brown Act ("Brown Act") (California
Government Code §§ 54590 et seq.) The Brown Act does permit a closed session on specific
complaints or charges brought against an employee; however, Ms. Dillard should have first been
given written notice of her right to have the complaints or charges heard in an open session, such
notice to be delivered to the employee personally or by mail at least 24 hours before the session.
"If the 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." (California Government Code § 54957(b)(2) emphasis added.) Apparently, Ms. Dillard
was informed verbally before that meeting that you were going to be elected Chair and that the
votes had been lined up to take punitive action against Ms. Dillard. That fact alone, evidencing a
serial meeting, constitutes still another Brown Act violation.

I have been informed that one or more board members have asserted an emergency for
the actions taken against Ms. Dillard. No such legal justification exists, as the Brown Act only
permits the agency to hold emergency closed sessions "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. (California Government Code §
54957(a)(1).)

The board also ran afoul of the Brown Act, as well as ACAP's own bylaws, when it took
the purported action to terminate Ms. Dillard's employment. Not only did it fail to deliver to Ms.
Dillard its notice of action on charges or complaints brought against her, it also, to my
understanding, voted to terminate her employment when a quorum of board members may not
have been present. The board's authority to take action requires a quorum of seven members.
(Bylaws of the Governing Board of the Associated Community Action Program of Alameda

' The fact that the Agenda contains an entry permitting additions does not entitle a public agency to circumvent its
requirement to provide advance notice "of each item of business to be transacted or discussed at the meeting,
including items to be discussed in closed session." (California Government Code § 54954.2(a)(1).)
Diana Souza, Chairperson, Governing Board
March 11, 2011
Page 3

County ("Bylaws"), Article IV, A; Article VI, § 6.4C.) The Bylaws also make clear that any
special meeting requires 72 hours' advanced notice and that executive sessions may only be held
when the Brown Act permits. (Bylaws, Article VI, §§ 6.2 and 6.3). Board member Nate Miley
inferred that the action against Ms. Dillard had been "in the works since 2009." If that were the
case, then further Brown Act violations would have been committed, as none of these
communications took place as part of an item on a published board agenda.

Compounding the unlawful conduct relating to the attempt to terminate Ms. Dillard's
employment, it appears that certain board members went out of their way maliciously to damage
the reputation of an exceptional woman, who devoted the past nine years of her life to working to
help Alameda County's neediest residents. Mr. Miley is quoted in the press as expecting the
2009 audit to show a significant deficit. That audit report, which was to be presented as part of a
staff report that was not permitted to be given at the February 2, 2011, meeting, found issues, not
with Ms. Dillard, but with the cumbersome financial system in which she was forced to work.
But by not-so-subtly inferring to the media that Ms. Dillard sought in the middle of the night to
steal documents to cover up evidence of financial wrongdoing, certain board members have
irretrievably defamed Ms. Dillard's reputation. Late in the evening on the day that she was
unlawfully placed on administrative leave, Ms. Dillard was told to clear out her office. She
removed her personal items, but when she arrived home, she realized that she had forgotten to
retrieve some of her property. So she returned for the rest. Aside from items of a personal
nature, the only documents removed were those available to the public and that would have been
found in a board packet. Certainly ACAP cannot be taking the position that Ms. Dillard was not
entitled to have in her possession publicly available documents, many of which she created.

Ms. Dillard acknowledges the at-will nature of her employment as Executive Director of
ACAP. That status does not, however, entitle her employer to violate the Brown Act, ignore its
internal bylaws, defame her, discriminate against her because she is a member of a protected
class, or retaliate against her because she complained about such discrimination.

As mentioned above, the Brown Act violations alone render null and void the purported
termination of Ms. Dillard's employment. Demand is hereby made that Ms. Dillard immediately
be restored to her position of Executive Director of ACAP, with full pay and benefits from the
date of her purported termination to the present. Demand is further made that ACAP's board
publicly and unequivocally express its regret that its actions portrayed Ms. Dillard in a false
light, acknowledging that there was and is no basis whatsoever to support the inference that Ms.
Dillard committed any financial impropriety in her capacity as Executive Director of ACAP.
Demand is further made that ACAP reimburse Ms. Dillard for all attorney fees and legal costs
she has incurred to date in connection with the purported termination of her employment.
Diana Souza, Chairperson, Governing Board
March 11, 2011
Page 4

Enclosed with this letter you will find Ms. Dillard's formal demand to ACAP to cure and
correct the actions taken in violation of the Brown Act. If the board fails to take the corrective
action demanded with respect to the restoration of Ms. Dillard's employment and back pay and
benefits within thirty (30) days of the receipt of that demand, then Ms. Dillard will bring legal
action against ACAP and its board for the purpose of obtaining a judicial determination that the
board's actions with respect to her employment are null and void. In such an action, the court is
authorized to award attorney fees to the plaintiff where it is found that the legislative body of the
local agency has violated the Brown Act. (California Government Code § 54960.5.)

If you wish to communicate further about this matter, please do not hesitate to contact me
or have the board's legal counsel do so on its behalf. Ms. Dillard looks forward to resolving her
differences with ACAP and its governing board without the necessity of judicial intervention. If
such a resolution cannot be accomplished, then she will bring a legal action on account of the
multiple wrongs committed by ACAP and its governing board.

Very ly yours,

Stuart I. Goldware

SIG/pc
Enclosure

cc: Marie Gilmore, Mayor (w/encl.)


Nora Davis, Mayor (w/encl.)
Bob Wasserman, Mayor (w/encl)
Ana Apodaca, Vice Mayor (w/encl.)
Jim Navarro, Vice Mayor (w/encl.)
Kevin Hart, Vice Mayor (w/encl.)
Jeff Williams, Councilmember (w/encl.)
Cheryl Cook-Kallio, Councilmember (w/encl.)
Nate Miley, Supervisor (w/encl.)
Robert Lieber, Councilmember (w/encl.)
Jeff Wieler, Councilmember (w/encl.)
Francisco Zermeno, Councilmember (w/encl.)
Client (w/encl.)

1: \Dillard, Nanette\LTR Souza re wrongful termination.doc


DEMAND FOR CURE OR CORRECTION
Op
TO: THE GOVERNING BOARD OF THE ASSOCIATED COMMUNITY ACTION
PROGRAM OF ALAMEDA COUNTY ("ACAP"):

DEMAND IS HEREBY MADE that you cure or correct the following actions taken in
closed session on or about February 2, 2011, and on or about February 16, 2011:

1. The placing of Nanette Dillard on administrative leave from her position as


Executive Director of ACAP on or about February 2, 2011; and

2. The termination of Nanette Dillard's employment as Executive Director of


ACAP on or about February 16, 2011.

These demands are made pursuant to California Government Code § 54960.1 and are
based on the fact that the adverse employment decisions taken with respect to Nanette Dillard
were made in violation of California Government Code § 54954.2. Specifically, with respect to
the February 2, 2011, board meeting, no description of any such proposed action was posted on
an agenda for that meeting at least 72 hours before that meeting took place. Furthermore, on
information and belief, subsequent adverse employment action taken against Nanette Dillard was
not properly posted on meeting agendas.

Dated: March 11, 2011 FRANI L & GOLDWARE, LLP

A,
By: Stuart I. Goldware, Attorneys for
Nanette Dillard
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT M
VERIFIED PETITION FOR WRIT OF MANDATE
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT N
VERIFIED PETITION FOR WRIT OF MANDATE
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT O
VERIFIED PETITION FOR WRIT OF MANDATE
From: travelbeyond@comcast.net [mailto:travelbeyond@comcast.net]
Sent: Friday, March 04, 2011 10:52 AM
To: Meredith Walker
Cc: acapbiz@hotmail.com
Subject: California Public Records Act Request

Hello Meredith,

I hope that you are well. I would like to submit the following request for information
under the California Public Records Act..

I would like to request copies of the following documents:

Item Request 1 - A copy of the complete ACAP Organizational Assessment as


submitted to Governing Board members Supervisor Nate Miley and (then) ACAP Chair
Robert Lieber.

Item Request 2 - A copy of the 2010 Summer Youth Employment Program executed
contract, including dated cover page signed by (then) Social Services Agency Director,
Yolanda Baldovinos.

Item Request 3 - A copy of the executed or non-executed Second Chance Act contract
from the Alameda County Probation Department.

Item Request 4 - A copy of the executed or non-executed Reentry Court contract from
the Oakland Private Industry Council.

Item Request 5 - A copy of the executed CSBG contract from the Community Services
and Development Department.

I am fine with receiving these documents as scanned PDFs sent by email to:
travelbeyond@comcast.net<mailto:travelbeyond@comcast.net>.

If you prefer to send them as paper documents by post, please send them to:

Nanette Dillard
1365 Brewster Drive
El Cerrito, CA 94530

If you have any questions about this official California Public Records Act request,
please feel free to call me at (415) 425-8785.

Wishing you all the best blessings in the future,

Nanette Dillard
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT P
VERIFIED PETITION FOR WRIT OF MANDATE
----- Forwarded Message -----
From: "Sam SSA Tuttelman" <Stuttelman@acgov.org>
To: travelbeyond@comcast.net
Cc: "Diana Souza (E-mail" <dsouza@ci.san-leandro.ca.us>,
mfoster@fosteremploymentlaw.com
Sent: Tuesday, March 15, 2011 4:31:51 PM
Subject: California Public Records Act Request

Ms. Dillard -

Pursuant to the Californai Public Records Act we will make avaialble to you, assuming
they can be located, items 2,3,4,and 5 below. However, upon advice of counsel you are
not entitled to item #1, the ACAP Organizational Assessment as submitted to Governing
Board members Supervisor Nate Miley and (then) ACAP Chair Robert Lieber.

We hope to get you the requested items as staff are avaialble to locate and copy them.

Sam Tuttelman
Interim ACAP Executive Director
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT Q
VERIFIED PETITION FOR WRIT OF MANDATE
Dillard v. Alameda County Associated
Community Action Program Governing Board

EXHIBIT R
VERIFIED PETITION FOR WRIT OF MANDATE