Ronald T. Vera, Esq. (State Bar No. 60138) VERA & BARBOSA 223 W.

Foothill Boulevard, Second Floor Claremont, CA 91711 Telephone: (909) 624-1600 Facsimile: (909) 482-0421 Attorney for Claimant CATHY BUTLER

STATE of CALIFORNIA STATE PERSONNEL BOARD CATHY BUTLER, an individual, and as employee of the Rio Hondo Community College District Claimant, In re RIO HONDO COMMUNITY COLLEGE DISTRICT Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN RE WHISTLEBLOWER RETALIATION COMPLAINT AND SWORN DECLARATION OF CATHY BUTLER (Filed Pursuant to California Education Code Section 72502, and California Government Code Section 900 et seq.)

Claimant: CATHY BUTLER Work Classification: Director of Student Activities, Rio Hondo Community College Claimants work address: 2600 Workman Mill Road Whittier, California 90601 Claimants home/post office address is 10632 Lisbon Court, Whittier, California 90601. I. NATURE OF THE COMPLAINT 1. I, Cathy Butler, am an employee of Rio Hondo Community College, part of the Rio Hondo Community College District, and have been retaliated against in my
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Whistleblower Retaliation Complaint and Sworn Declaration of Cathy Butler

employment as Director of Student Activities at Rio Hondo Community College, as a result of my reporting in June 2011, to my supervisors, that an employee of the District was engaged in improper governmental activities. Rio Hondo Community College District (District) is a one community college district located at 3600 Workman Mill Road in the City of Whittier, County of Los Angeles. The retaliation, as set forth in greater detail in the subsequent paragraphs below, occurred on or about January 11, 2012 when I received a letter from the District that my contract for employment would not be renewed for a fourteenth year. It is my good faith belief the individuals named herein did conspire to recommend to the Board of Trustees that my contract not be renewed and, but for the disclosure of the improper activities, I would have stayed in my position as Director of Student Activities. 2. In addition to my complaint for damages, I am requesting the State Personnel Board reinstate me into my position at the District until the outcome of any investigation and, if the investigation determines that I have been retaliated against, that such appropriate relief be granted to compensate me for the losses that I have suffered. II. STATEMENT OF FACTS 3. I am presently an employee of the District and on administrative leave with pay in my position as Director of Student Activities. As of July 1, 2011 I had been in this position for twelve (12) years. In my position, I was routinely evaluated by the District and considered an exemplary employee. In addition, the financial matters I was responsible to oversee were annually audited by the District and such audits were public documents that reported no conditions warranted investigation or negligence as to my responsibilities. In fiscal year 2010-2011 I was given a promotion in pay as a reflection of my longstanding tenure and professional abilities. However since September 26, 2011 I have been on administrative leave with pay as a result of the acts complained of herein and on or about January 11, 2012 the Board of Trustees adopted the recommendation of the President of the District that my contract and employment at the District end on June 30, 2012.
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Whistleblower Retaliation Complaint and Sworn Declaration of Cathy Butler

4. The acts complained of stemmed from initial disclosures of improper activities that I reported on or about June 14, 15, and 16, 2011. On June 14, 2011, I reviewed various college requisition forms that were prepared by a District employee named Hannah Pastrano. The information on the requisition forms did not appear correct and, after further investigation, I determined that the forms, calling for the payment of monies to one or more various individuals, did not have the proper documentation and the information on one or more of the requisition forms was incorrect. On June 15 2011, I met with Hannah Pastrano, the employee who had prepared the requisition form, and after questioning Ms. Pastrano, she confessed that the requisition form had been falsified to generate the payment of monies to her and possibly others who may have been employed in the District. 5. I then took this information on June 15 and 16, 2011, to my supervisors Henry Gee, Vice President for Student Services at Rio Hondo Community College District, and Michael Munoz, Associate Dean of Student Services at the District, and they in turn notified Yolanda Emerson, the Director of Human Resources at the District. On June 22, 2011 I was called to a meeting with Mr. Munoz, Ms. Emerson, and Ms. Pastrano, who was present with her union representative Lisa Sandoval. The meeting was called for the purpose of discussing the false requisition that I discovered on June 14, 2011. During the meeting Ms. Pastrano admitted that she had falsified a requisition for payment form. At the conclusion of the meeting Ms. Emerson notified Ms. Pastrano she was placing her on administrative leave and Ms. Emerson requested that I escort Ms. Pastrano off campus. 6. After the meeting I was advised by Henry Gee to assume some of Ms. Pastranos responsibilities and it was my understanding an investigation would be undertaken into Ms. Pastranos activities. Thereafter I knew little of any of what was being investigated or any findings of such investigation. 7. On or about August 17, 2011, I was informed that Hannah Pastrano had resigned or would resign from employment with the District. 8. At all times prior to the reporting of the improper activities, I had been made aware that the District had adopted a whistleblower protection policy, as set forth at District Board Policy 7700, a copy of which is attached here as Exhibit A. I had also
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Whistleblower Retaliation Complaint and Sworn Declaration of Cathy Butler

been encouraged by the District to report suspected activities of unlawful or improper activities without fear of retaliation. District Board Policy 7700 is both specific and broad and provides, among other items, that the District will not tolerate retaliation to any employee who reports suspected activities. 9. In addition to Board Policy 7700, California Education Code Section 87160 to 87164 provides a framework for preventing any retaliation to community college employees. 10. Notwithstanding the statutory protections to protect community college employees, the aforementioned persons undertook an unwarranted and retaliatory investigation of me based on false and prejudicial statements made by Hannah Pastrano and Yolanda Emerson. The aforementioned persons, and those identified in Paragraph 5 herein, had good reason to believe that Hannah Pastrano was retaliating against me for reporting the violations in June 2011. The aforementioned persons also had reasonable belief to know that the accusations were false since my office had previously been the subject of annual financial audits during the twelve (12) years in which I held my position. My activities had never been the subject of questioning despite these audits. Moreover, Ms. Pastrano had never brought forward any accusations of wrongdoing against me, either directly or indirectly, prior to June 14, 2011. Reasonable persons would have ascertained that the alleged accusations were baseless and only made in an effort to retaliate against me in violation of Board Policy 7700 and the law of California. 11. The persons named in Paragraph 5 herein, acting on behalf of the District, never informed me on August 17, 2011 that I was being accused of improper activities by Hannah Pastrano. Instead, such persons conspired to withhold pertinent information that I was being accused of improper activity. By failing to disclose this information, the District prevented me from defending myself and prevented me from seeking redress through normal District grievance procedures. Moreover they and President Ted Martinez also persuaded me, under false pretenses, to take personal and vacation leave beginning on September 7, 2011 solely for the purpose of undertaking a clandestine investigation of my office files and her computer files. Such investigation was without notice and had no basis in fact for initiating such investigation. The Districts employees did not reveal that the real motive for inducing me to take a
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Whistleblower Retaliation Complaint and Sworn Declaration of Cathy Butler

vacation was to continue to wrongfully peruse my office files, all for the purpose of intimidating, coercing, and threatening me and thereby allowing District employees to undertake a retaliatory investigation of me without my knowledge. 12. The District had no basis in fact for undertaking this investigation other than false statements made by Hannah Pastrano who was found to have engaged in improper activities in the weeks prior to these incidents. For this reason, I believe the investigation of me was motivated, in whole or in part, by the initial whistle blowing reporting I made in June, 2011. Despite having no reasonable basis for initiating any investigation, on September 26, 2011 Yolanda Emerson verbally informed me that she had determined I had committed fraud in carrying out my responsibilities. This statement was made in the presence of other District employees. Said statement is slander per se and made in reckless disregard of the facts then known to Ms. Emerson. Ms. Emerson had no basis for making this statement nor was there any reasonable basis to place me on administrative leave and remove me of my responsibilities. 13. As result of these actions I became the continuing target of campus innuendo, ridicule, suspicion, and prejudiced my present and future ability to function in any professional capacity at the District or at other Community College Districts. The District and the persons named herein, by and through their engaging in the pattern and practice of encouraging intimidation, coercion, and retaliation against me, have violated and will continue to violate the Districts whistleblowers protection policy, and Education Code Sections 87160 to 87164, and Government Code Section 8547. 14. As a result of engaging in the practices as alleged herein, I have suffered emotional distress, humiliation, and loss of reputation. In addition, my ability to continue as an effective and productive employee for the District has been severely impacted. 15. The culmination of these wrongful acts resulted in the aforementioned persons seeking my termination at the District. Thus, on or about January 23, 2012 I received a letter from the District evidencing the intentions of the District not to renew my employment contract for the 2012-2013 year. The letter from the District states that a

Whistleblower Retaliation Complaint and Sworn Declaration of Cathy Butler

personnel item was listed on the public Board agenda on January 11, 2012 as a closed session item for discussion. 16. The names of the persons causing my injuries are Yolanda Emerson, Director of Human Resources; Henry Gee, Vice President for Student Services; Michael Munoz, Associate Dean of Student Services; Ted Martinez, President of the Rio Hondo Community College District, and Does I through V who are named herein as unknown parties who participated in the acts complained of herein. III. DAMAGES AND RELIEF REQUESTED 17. I am requesting that my contract for employment for 2012-2013 be approved, and that I receive all additional merit pay increases and ancillary personal benefits including sick leave and vacation pay I would have received, plus interest, from the date of January 11, 2012 until the present that I would have received if my contract was renewed. 18. In the alternative to reinstatement, I am requesting that I be given a similar position with comparable pay and benefits at Rio Hondo Community College for the 20122013 year. 19. I am requesting that any investigation or report derived from the investigation, referenced in Section II, Paragraph 10, be expunged from all Rio Hondo District records and files. 20. I am requesting that the January 11, 2012, Performance Appraisal provided to the Board be expunged from all District records and files. 21. I am requesting $25,000.00 in emotional distress damages as a result of the stress, anxiety, and depression that I experienced as a result of the above-listed retaliatory actions, and payment of attorneys fees in the amount of $10,000, or such damages and costs according to proof.

Whistleblower Retaliation Complaint and Sworn Declaration of Cathy Butler

IV. DISCIPLINARY ACTION REQUESTED 22. I am requesting that disciplinary action be taken again Yolanda Emerson for the reasons set forth in Section II, Paragraph 12. Ms. Emerson should be disciplined because of the abusive and threatening manner in which she treats subordinate employees who are trying to do their jobs. Her business address is the same as the Districts work address. 23. I am requesting that disciplinary action be taken against Mr. Henry Gee and Mr. Michael Munoz for those reasons set forth in Section II. Mr. Gee and Mr. Munoz should be suspended or sanctioned because they cannot be trusted to perform the duties of a supervisor and protect employees from retaliation. 24. I am requesting that disciplinary action be taken against President Ted Martinez for those reasons set forth in Section II. Mr. Martinez should be disciplined due to his failure to stop the retaliatory actions that he knew were being directed at me. V. SWORN STATEMENT I declare, under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge and belief.

Dated: April 12, 2012

___________/s/________________________ CATHY BUTLER

C:\Documents and Settings\user\Local Settings\Temp\State_Personnel_Board_Claim_for_Damages.04.11.12.doc

Whistleblower Retaliation Complaint and Sworn Declaration of Cathy Butler