NILESH CHOUDHARY, 219425 JOEL RAPAPORT, 248847 CHOUDHARY LAW OFFICE 4010 Foothills Blvd.

Suite 103 PM Box 221 Roseville, CA 95747 Telephone (916) 526-2770 Attorneys for Plainfiffs

FiLEO
Supierior Court Of C^lifomsaj !3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

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COUNTY OF SACRAMENTO

MECHELLE SHERLES; and ROBYN SHERLES Plaintiff, vs. RICH BOYD, et al. Defendant.

Case No.: 34-2011-00114745 DECLARATION OF MECHELLE SHERLES IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS MOTION FOR SUMMARYJUDGMENT
Date: Time: Dept.: Judge: Noveniber 1, 2 013 2:00 p.m. 53 Hon. D a v i d I . Brown

I, Mehelle Sherles, Declare as follows:

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1. I am a Plaintiff in the above-entitled matter. I am over the age of eighteen. If called to

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tesfify, I would tesfify truthfully and consistently with the foregoing and the following. 2. I am an employee of the State of California ("State"), Franchise Tax board. I have been with the State for all times material to this declaration. Further, at all times material to

D e c l a r a t i o n o f Mechelle S h e r l e s

1 2 3 4

this declaration I was an elected official with Defendant, SEIU, Local 1000 specifically the Vice Chair of BUNC 4 for SEIU Local 1000. 3. When I attend Union functions in my capacity as an elected Union Official, it is often during, and instead of, my nonnal work hours with the State. SEIU requires that I sign

paperwork regarding how my State employment is effected while attending SEIU

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functions in my capacity as elected official. It states in relevant part,

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" . . . . I understand that i f i am injured while on this paid leave of absence in performance of my SEIU Local 1000 duties or any other acfivities that I will not qualify or be eligible for workers' compensation or industrial disability leave benefits from the State of California. And, further I am not, in fact, on the job nor in the course or scope of my employment with the State of California when I am out on this union paid leave of absence. I further understand that while on this paid leave of absence, performing duties for SEIU Local 1000, any compensation I receive is being paid by the SEIU Local

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1000 and that SEIU Local 1000 will be my employer during this period. I have also been advised that in the event I do file a workers' compensation claim against the State of Califomia, or any agency thereof, for an injury or injuries sustained while on this paid leave of absence, that the SEIU Local 1000 will be required to indemnify and hold harmless the State of California, or agency thereof, from both workers' compensation liability and any costs of legal defense incurred as a result of the filing of my claim." Importantly, Yvonne Walker, President of SEIU signed this document. Her signature is the second signature from the bottom, just above my own. My understanding is that when I am performing SEIU duties, I am treated as an employee of SEIU. I believe Yvonne Walker's statement completely contradicts her tesfimony in this case regarding my standing as an employee of SEIU. A true and correct copy of this document is attached hereto as Exhibit "A".

D e c l a r a t i o n o f Mechelle S h e r l e s

1 ^
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4. In fulfilling my duties for SEIU I would have to work with fellow SEIU employees with regard to various issues, including contract negotiations with the State. One such

employee was Defendant, Richard Boyd. He was the Contracts Director and Lead
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Negotiator for SEIU. I treated Boyd as my supervisor for purposes of performing my Vice Chair Duties during Bargaining in 2010. Boyd trained me personally as well as the

group with regard to organization, negotiations, and leadership. Further he instructed me on ftilfilling my duties, and facilitated my expense sheets 5. In July 2010, Boyd asked for my phone number in order to have access to me in the event

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I was needed for Union duties. He called me and requested that I go to his hotel room about 11:00 PM on July 1,2010. He indicated that he wanted to discuss Bargaining. It was not uncommon for myself and other SEIU agents/employees/elected officials to work well into the night during these periods of time. Boyd and I were both staying at the Holiday Inn on J Street in Sacramento. Boyd was provided a suite by SEIU. I was

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provided accommodations by SEIU as well. It is my understanding that Boyd was provided a suite based on having SEIU agents come to his suite to discuss bargaining during all times as bargaining occurs during off-work hours often late in the night and early morning. SEIU was paying for our respective hotel stays and per diem 6. Per Boyd's request I went to Boyd's room. I sat down on the couch in his room Thereafter, he forced himself upon me coming from the opposite side of the couch. He without my consent, kissed me on lips attempting to get on top of me. His body pressed against my breasts and upper body. I pushed him off, told him to stop and immediately went to the door to exit. He beat me to the door and prevented me from leaving. I had to force him out ofthe way and out the door. I was upset, disgusted, embarrassed by his
Declaration of Mechelle Sherles

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1 2 3 4 5

behavior, feared for my safety, and did not know how I could work with him again. Importantly, I am a lesbian. Thereafter, I returned to my partner, Robyn Sherles, room, and told her what happened. 7. Shortly thereafter, I received a text from Richard Boyd's union issued phone that requested I text him at his personal cell phone number. Thereafter, he sent the following

texts to me from his personal cell phone number, 916.284.3569: " I need to be inside
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you," "And the fact that underneath it all you are a freak like me!" "My dick is hard and
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wanting you," "Thinking about you as I lay here stroking my dick". These text messages fiarther illustrated his intentions and his continued aggression despite my lack of consent. A true and correct statement of the text messages I received was included in Defendant's investigative repoit and is attached hereto as Exhibit "B" as well as the Declaration of Paul Harris in support od Defendant's motion. 8. I made a complaint regarding this conduct to Labor Representative Stacy Allen then Unit four chair Fran Pass at SEIU. Mr Boyd's actions toward me became more aggressive when I refused his advances. He started to stalk me as in a text message he sent " I see you and your daughters getting into Robyn's car." (See Exhibit "B") As my union supervisor he even went as far as demanding my whereabouts and whether or not I had

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checked into the hotel. I believe because I refused to answer his sexual texts, he came and
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banged on my hotel door demanding that I see him and to further add insult to injury, Mr Boyd called me into a meeting under false pretenses to discuss business and instead he said " I heard you don't see well at night because of your diabetes, I can pick you up." 9. Thereafter, I was contacted by Brian Schroader in the Human Resources Department of SEIU. Mr. Schroader conducted an initial interview for approximately one hour and was
Declaration of Mechelle Sherles

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sympathetic and stated that Mr. Boyd as a "predator". Thereafter I spoke with Yvonne Walker regarding what occurred and she also described Mr. Boyd as a "predator". 10. I attended a subsequent interview. Present was Mr. Schroader and Paul Harris, then Chief Counsel for SEIU, now Chief of Staff for SEIU. I was told that I did not need to bring any legal representation to this interview. This interview lasted over two hours. I felt interrogated by Mr. Harris. He accused me of fabricating the story. He accused me of stealing Boyd's phone and sending those texts to myself Lie claimed that if I were to bring legal action against the Union that it would lead to me being sued and that the

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Union would protect Boyd and not me. During this ineeting I began to have a diabetic crash (I suffer from Diabetes). Prior to the interview I told Mr. Schroder that I was a diabetic and would need to eat soon as I had not eaten. He stated that the interview would not take longer than 20 minutes. I told Mr. Harris that I was suffering from a sugar crash and needed to eat. I also requested the opportunity to go to the bathroom. He said that he was not done with me and that I needed to keep answering questions. He was between me and the door, and I did not feel I could leave. 11. Mr. Harris and Mr. Schroader argued for five minutes before allowing me to leave the

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area to attend the bathroom. After my repeated requests to leave to get food and to
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relieve myself Mr. Schroader finally told Mr. Harris that they needed to let me leave. I
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was in tears and felt like a prisoner with no rights. My sugars were falling low enough to put me into diabetic shock, I begged and pleaded for my freedom to eat and use the rest room. Unfortunately, I wet soiled myself before I made it to the toilet. This meeting did not feel like an interview as much as it did an interrogation. It was torture, and was the most distressing life threatening experience of my life. I feel Mr. Harris was retaliating
D e c l a r a t i o n o f Mechelle Sherles

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against me in the manner by which he interrogated me, and attempted to pressure me into not taking further action against the Union. 12.1 spoke to my doctor following these incidents with SEIU. I was referred to counseling. However, I did not go. I thought that I could handle it myself, though I became more and more depressed as time went on. In January of 2012 I went to an initial psychiatric consult with Dr. McGowan due to my depressive symptoms not improving. I was diagnosed with depression and anxiety.
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13. Maria Patterson caused me further emotional distress by unlawfully disclosing infonnation that I preferred to keep private including the address that my wife, Robyn Sherles and I reside at. She did this with the intent to cause me distress at a time that I was already vulnerable based on Boyd and Harris' conduct. She is known to be a loyal supporter to the administration and helped in getting Walker re-elected to her office. 14. On June 24, 2012,1 was involved in a subsequent incident with Defendant Sophia

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Perkins, a fellow elected official and a part of the Union that in my opinion tends to sympathize with the Union when any party takes an adverse position to it, such as my own complaints against it with respect to Mr. Boyd. She often even refers to herself as

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"The Union Thug." This incident took place at a Union function in Southern Califomia,
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and Ms. Perkins slanimed her body into my own. I believe that this act was in retaliation
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for the position I took against the Union in filing the lawsuit, which underlies the Defendant's motion. Perkins is known to be a loyal supporter to the administration and helped in getting Walker re-elected to her office. 15. Following the incident with Perkins, I began to suffer extreme neck, shoulder, back, and arm pain, and my depression worsened further. I sought further psychiatric treatment. I
D e c l a r a t i o n o f Mechelle Sherles

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1 2 3 4 5

was diagnosed with Major Depression, PTSD, anxiety disorder, and panic disorder, which resulted from Boyd and Harris' conduct. My medical records are attached at the confidenfial declai-afion of Nilesh Choudhary. 16. In August of 2012, at an SEIU function I entered an elevator. Paul Harris was on the same elevator. This was the first time I was in close proximity to Paul Harris since the

"interview" incident. The elevator doors closed before I could get off
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This experience

was extremely traumatic for me as it brought back the incident in the conference room
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wherein he interrogated me. I had an extreme panic attack following this incident. 17.1 have seen these physicians Dr. Mamikam, Dr. McGowan, Dr. Aria, Dr. Kuo, Dr. Hellman, Dr. Tallman, Dr. Brown, Dr. Issacs, I have taken these medical prescripfions Zanax, Prosac, Hydrodone, Motrin, Flexeril, Gabapefin, Cortisone, and Triazadone. All of these visits and prescripfions are a result of the incidents involving SEIU and their agents referenced in this declaration. 18. Before the incident with Boyd, I had never sought or needed psychiatric treatment. 19. Robyn Sherles became my registered domestic partner on January 7, 2011. 20. The Defendants' conduct including the sexual harassment, Paul Harris'

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interrogation/interview of me, the body-slam by Perkins and Patterson's conduct have

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kept me from attending many Union functions.

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Declaration of Mechelle Sherles

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I declare under Penalty of Perjury under the Laws of the State of Califomia that the foregoing is tme and correct. Executed in Sacramento Califomia

D a t e d : D ^ r . / S " . a-^^/S

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D e c l a r a t i o n o f Mechelle

Sherles

9165541267

SEIU 1000

01:18:45 p.m.

01-14-2010

1 /3

Faxed
Date:

Time:

mi FACSIMILE
To: Date:
1/11/2010 Organization: Franchise Tax Board From: Organization: Address: Phone: FAX: Subject: Melody O r i a n e s SEIU L o c a l 1000, CSEA 1808 14th S t r e e t (916)554-1209 (916)554-1267 Requested Union Leave for Joanne Dean/Cynthia Abercrombie (916) 843-0688/916-8438805

Mechelle Block - February 20, 21, 2010

Number of pages including coversheet-

Comments:

The attached are provided for your approval. Please try to obtain approvals or denials as soon as possible and fax or email them back to niie. Thank you.

ATTENTION: In order to have a more accurate system of tracking and reporting the Request for Paid Leave of Absence, including the approvals and denials, your cooperation and assistance would be very helpful and appreciated. Once the request is approved, sign the form where indicated. If any dates are denied, please indicate those dates by circling them along with the word denied written above it. Please notify me of the status ofthe request as soon as you hear from the employee's supervisor either by faxing the request back to me at (916) 554 -1267 or emailing me at unlon!eave(5).seiu1000.ora, Once again your cooperation is very much appreciated. Thank you.

9165541267

SEIU1000

01:18:57 p.m.

01-14-2010

2/3

180814th Street te-zf'Bi Sacramento, California 95811

mm\im ^^"^

'^^^

SEiU
TO 1 /[fej/i20't 0Tiployee RelaDons Officer

Request for Paid Leave of Absence

Dale

Joanne Dean/Cynthia Abercrombie - (916) 843-0688/916-843-8805

FROM. '^^^Yl'fiW8{R&P"S"'"9 "-^^^^

Pursuant to the existing contracts between SEIU Local 1000 and the State, SEIU Local 1000 requests a Paid Leave of Absence for the following employee;

Name of Employee Social Securiiy Number Qasslf/cation Departmenr

Mechelle Block
55373XXXX Executive Assi-stant 1338445

1338446

wofuocationAWtfortfoya.tfz-^5 BUTTERFIELD WA.Y, Sacramento, CA. 95827

Bangalnlng Unit

Yes No
"PffioETsrCgSve"

February gGr^. 2010 3968

Montiily Salary Program #

Shift Differentia) Bilingual Pay Alternate Range Pay

Departmental billing for reimbursement by SEIU Local 1000 should be foAvarded to: SEIU Local 1000-Accounting Manager 1108 'O-Street" Sacramento, CA 958 H WAJVER OF CLAIMS AND NOTICE OF ACKNOWLEDGEMENT FOR RAID LEAVE OF ABSENCE , do liereby request a paid leave of absence for the

Mechelle Block o no e h a f io f tiSlatsdn abo ve

period.

so lhat I may be able to perform Ouiies

I undersiand lhat if I am Injured while on iNs paid leiwe of absence, In performance of rny S E I U Lacal 1000 dulies or any other sctMiles, that I will noi quali^' or be ellgiWeforworkers' compensaiion a industrial disabilily leave benefits from the State of Califomia Md. lurthec I am not. in faa on tfie job nor In the course or scope of my employment with the Stale of California when i am ou on this union paid leave of absence. I further understand that while on this paid leave of absence, performing duties for S E I U Local 1000, any compensation I receive is being paid ty the S E I U Laal 1 O O O and that S E I U Local 1000 will be my employer during tlis period. I have also been advised that in ihe event I do file a wortcers" compensation daim against the State of Califomia, or any agency iheieof. fbr an injury cr injuries susiained while on this paid leave of absence,tfiatthe S E I U Local 1000 will be required to indeinnliy and hold harmless the Slate ofCalifomia, or agency thereof, liom botti worfiers' compensaiion liabiliiy and any costs of legal defense incurred as a result of Ihe filing of my clairu (UPON APPROVW^WX TO SEIU LOfM. 1000 916^5<H267)
Oepanmeni SEIU Local 1000 Oaie

Si

, have completely read the ove notice prtor to try executing my signaiure and I hereby acknowledge that I fully understand Its contents, meaning and significance.
Whfle copy - Headquartars Oflice' Yollow copy - Originator Pink copy - Accoiinlr^ lorAppioval/Foiwurang to Oepartmsntal Employee Relations OfTicer

SEIUL1000-011 / RBV. 06/07 -JKIS-

9165541257

SEIU 1000

01:19:16 p.m.

01-14-2010

3/3

LOCAL WOO

SEIU
strong sr Together

REQUEST FOR PAID LEAVE OF ABSENCE Revisions / Cancellations

LRO: Joanne Dean/Cynthia Abercrombie Fax#: 843-0588/843-880S

Original dates
Date

February 20, 21, 2010

Name Revised / Cancel / Add New.

1/14

Mech Block

Add

February 19, 2010

; I :

September?, 2010

To:

Yvonne Walker President SEIU Local 10013

From: Paul Harris Chief Legal Counsel

Re:

Internal Investigation of Complaint Attorney-Client Privileged

Summary and Recommendation: This report represents the findings and conclusions reached following a clairu of alleged harassment initiated by Michelle Block. I coricluded the claim of harassment is totally without merit and false. There is no supporting evidence or corroboration to sustain the charge. In fact, as detailed below, the abjective evidence in text and phone logs wholly contradicts Block's allegations. Therefore, it is my recommendation that Richard Boyd be immediately returned to work from administrative leave.

Background: Block presented her allegations for the first time on Monday, August 2,201O. She made four allegations: On the evening of Thursday, July 1, Block alleged that Boyd called her to his suite in the Holiday inn duringthe time she was there. She alleged he attempted to kiss her, and when she refused, she fled from his suite. She alleged that on the afternoon of Friday, July 2, he asked her to meet with him privately in the El Dorado room at the Holiday Inn, and during the meeting, expressed his desire for her. During the early morning hours of Saturday, July 3, she alleged that Boyd sent a series of sexually explicit text messages to her personal cell phone. On Monday, July 6, she alleged Boyd sent her several messages regarding her room assignment at the Holiday Inn and created a perception that he was stalking her.

Evening of Thursday, July 1 Block alleged that Boyd called her just prior to 11:00 pm while she was in her suite. Block shared a suite with Robyn Sherles, and at the time of the call Block daims Sherles was present. Block stated that during the call, Boyd asked her to come to his

001686

suite to discuss matters related to negotiations. Block was interviewed on August 2 and August 19. During both interviews, she stated that her first thought was that she had done something wrong during negotiations. She stated she believed that was the only reason Boyd could be calling her so late at night. During our interview on August 19, Block stated that when Boyd called her, she asked him why he wanted to see her that evening. She told me Boyd said, "I just want to see you", "1 want you", "Just come see me", and "I'm in room such and such." Block stated that when she hung up, she discussed with Sherles whether she should go. Block said she asked Sherles this question several times. She made no mention of Boyd's comments to Sherles and did not discuss them with her. Block and Sherles stated that the only misgiving Block expressed was whether she had committed some error duringthe negotiations process. Sherles advised her to go, but warned that she would call security if Block failed to return within thirty minutes. Block stated that after going to the 16'*' floor, she hesitated outside of Boyd's suite before knocking. She stated during both interviews that she thought to herself, 'This is not a good idea." Block stated that when she entered Boyd's suite between 11:00 pm and midnight, he was alone. He admitted her to his suite, gave her a tour, and then sat on the couch with her. Block alleges that Boyd told her "his life story," told her that he was separated from his wife, and then tried to kiss her on the lips. Block stated she then jumped up and left the suite. She stated Boyd followed her Into the hallway and urged her to come back. Block stated she told him she was concernecJ about being observed in the hallway because Yvonne Walker's suite was adjacent to Boyd's. She stated Boyd told her, "You're safe here. Yvonne's not here. I'm by myself on the 16'*' floor." Block stated she returned to her suite on the l l " ' floor. Block stated her daughter was staying with her, and when she returned, her daughter was in the room adjoining . Sherles' suite. When asked how she was feeling, she stated, "i beat the time," referring to her return in less than half an hour. She stated to us she did not remember what she did after that but told Sherles what had happened and was "freaked." Sherles stated that Block told her Boyd had been "very forceful" and that he had "kissed me." Sherles stated that Block was very upset and crying. Sherles said Block told her that she had told Boyd, "I don't want to be with you." Sherles also stated she and Block stayed up until 3:00 am "talking." We interviewed Boyd on August 18, 2010. Boyd denied that the incident occurred, Boyd stated that on the late evening of Thursday, July 1, he went outsicte to smoke on the steps of the Holiday Inn that face the underground walkway leading to Old Town (Boyd did not remember the approximate time, but stated he often went outside to smoke between 11:00 pm and 1:00 am as a way of winding down his day.) Boyd stated that Sherles, Tom Cable, and Fran Pass were also present. He stated that during

001687

the time he was there, he received text messages f r o m Block. He also received text messages from Sherles which continued when he returned to his suite. The facts of the matter confirm the following: Boyd received a text message from Block at 22:54 (10:54 pm) on July 1 . Boyd returned t h e text message at 22:55 (10:55 pm). Between 22:54 (10:54 pm) and 23:29 (11:29 pm) Boyd exchanged 15 text messages w i t h Melody Orianes. The fact t h a t Boyd texted continuously during this time makes Block's version of events extremely unlikely. Sherles stated that when Block returned t o her r o o m , she (Sherles) observed Block crying and was so angry with Boyd that she " w a n t e d to cut h i m . " Block was asked if she and Boyd had any further communication t h a t evening after she returned to her suite. She stated no, and did not recall texting Boyd even after reviewing Boyd's text logs. The logs show that beginning at 3:06 am, July 2, Block texted Boyd and continued exchanging texts until 4:18 a m . Block texted Boyd at 23:49 (11:49 pm). If one accepts Block's claim that she left Boyd's suite sometime between 11:30 and 11:45 pm, then it w o u l d be incredible that she would initiate a text conversation. Boyd responded at 12:23 am, July 2. He and Block then exchanged 3 texts until 12:25 a m . In our interview with Sherles on August 3 1 , 2010, she confirmed she was present w i t h Boyd on the steps of the Holiday Inn o n the evening of July 1. She stated she was outside with Boyd, Cable, Pass, and others. During the same interview, Sherles stated that she and Boyd exchanged texts while they were outside. She looked at her phone and told us that the first text occurred at 10:40 p m and the last text occurred at 11:44 p m . IMeither Boyd's text logs nor Sherles' text logs show any record of text messages betvween t h e t w o of them during that time. However if Sherles' statement that she was outside with Boyd between 10:40 pm and 11:44 p m , then Boyd could not have been with Block, and Sherles and Block could not have been together in Sherles' suite during the tirne they claim to have had discussed Boyd's invitation. When Sherles was asked if she had any further communication w i t h Boyd after smoking outside that evening, Sherles stated, "not that I know of." W h e n asked a second time and shown the text logs f r o m Boyd's phone, she denied texting him. However, the logs show that beginning at 1:40 am, July 2, Sherles texted Boyd and continued texting Boyd until 2:43 am.

Block told us on August 19 that after leaving Boyd's suite, she was "surprised." She stated she had "never talked about Rich before. [I] had nothing to say that was bad about him [before this]." During my first conversation with her on August 2, she described watching him as he walked into the dining area at the Holiday Inn on July 2. She stated he "walks cocky". During my first interview w i t h Sherles on July 11, she stated that she did not (ike Boyd when she first met him during his interview for the position. I asked why not and she stated, "it was his cockiness."

001688

iim

Afternoon

of Friday. July 2

Block stated that she received a t e x t f r o m Boyd in which he asked her t o m e e t him in the El Dorado room at 4:00 pm. Block produced a text message t h a t appeared to have been sent f r o m Boyd's union issued cell phone at 3:02 pm which read, "Ptease don't leave until we talk." She also produced a second message timed 3:55 p m which read, "Please meet me in El Dorado room at 4:00." Block stated she went to the El Dorado r o o m at 4:00 pm and that she was alone with Boyd. She stated she believed Boyd w a n t e d t o apologize. During their m e e t i n g . Block stated she asked Boyd why bargaining had ended so eariy that d a y . She stated she could not remember what Boyd t o l d her. She also stated Boyd " t o l d me he really liked m e , " and that "he asked me whal I was doing that weekend, and I t o l d h i m I was going out of t o w n with friends." Block stated t h a t the meeting lasted approximately five minutes, She stated she could not recall whether she told Sherles t h a t she had m e t w i t h Boyd. Sherles stated Block told her about t h e meeting as they drove to Palm Springs later t h a t evening. Boyd stated that the meeting never occurred, nor did he send her t e x t messages asking her to meet him. The facts show: Boyd sent no texts to Block at the times she alleges, 3:02 p m and 3:55 pm on July 2. At 15:40 (3:40 pm), Boyd sent a text t o Sherles. At 16:05 (4:05 pm), Sherles sent Boyd a text. Boyd did n o t respond to this text. The phone logs from Boyd's cell phone show that Block called Boyd twice at 4:02 pm and 4:05 pm, during the t i m e Block says she and Boyd w r e meeting in the room alone. At 16:08 (4:08 pm). Block sent Boyd a text. Boyd did not r e s p o n d to this text. Boyd sent 12 texts between 15:49 (3:49 pm) and 16:08 (4:08 pm) t o various numbers, but none to Block o r Sherles. The logs from Boyd's phone also show that Boyd and Block texteci one another continuously from 10:04 am t o 10:51 am. This exchange o f texts was initiated by Block. These facts show t h a t throughout the day on July 2, t h e day after he allegedly sent her crying f r o m his r o o m . Block repeatedly t r i e d to reach out to Boyd by both text and phone.

Eveninp of Friday. July 2 Block and Sherles stated they left Sacramento at approximately 7:00 pm t o drive to Palm Springs for the July 4'" weekend. Sherles stated t h a : she drove and t h a t Block was her passenger. Block stated they were alone and that she had left h e r daughter in

001689

Sacramento. Block alleges she received a text from Boyd at 6:35 p m t h a t read, "I need to be inside of you." Text logs from Boyd's phone show no text was sent t o Block at the tinne indicated by Block,

Block stated she received texts from Boyd at 9:43 p m , 9:46 p m , 9:48 pm, 9:56 pm, 9:59 p m , 10:01 pm, 10:02 pm, 10:03 pm, 10:24 pm, 10:29 p m , 10:32 p m , and 10:33 pm. Block stated she also texted Boyd during this time. The text logs from Boyd's phone show he exchanged no t e x t messages with Block between 6:27 p m on July 2 and 12:48 am o n July 3.

Sherles stated that d u r i n g t h e drive Block received a phone call f r o m Joyd on her cell phone. Telephone logs from Boyd's phone show do not indicate t h a t a phone call was made t o Block's number. Block stated she received a text from Boyd at 10:32 p m t h a t read, "B7W... this the Union's phone. Call me and text me at this number 916-284-3569. Uis my personal cell." No such text is recorded in Boyd's text logs at 10:32 p m . Thereafter, Block stated Boyd texted her again at 1:23 a m o n July 3 from 916-2843569, "I am wanting you." Block presented text messages on her cell phone that read as if they had been sent by "Rich Boyd" "contact number 284-3S69" at 2:37 am, 2:39 a m , 2:41 am, 2:51 am, and 3:02 am on July 3. The text of these messages is attached t o this conftiential memorandum, They are characterized by explicit sexual language. The facts show; Block initiated an exchange of text messages w i t h Boyd on hisunion issued phone beginning at 12:48 am o n July 3. There w e r e no text messages exchanged between Block and Boyd before that t i m e according to Boyd's text records. At 12:51 am on J u l y s , Sherles texted Boyd. Boyd t e x t e d backat 12:56 am. Block and Boyd exchanged 3 texts between 12:56 am and 1:00 am on July 3. Between 12:48 am and 1:40 a m on July 3, Block and Sherles alternated exchanging texts w i t h Boyd on a virtually continuous basis. Boyd's text logs show no messages sent or received b e t w e e n 1:40 am and 5:07 am on July 3. At 5:07 am on July 3, Boyd received simultaneous texts f r o m Bock and Sherles. From this, it is reasonable to conclude t h a t Boyd turned his cell phone oft at approximately 1:40 am o n July 3 and w e n t t o sleep and that even after being advised to use an alternate cell phone to t e x t Boyd, Block continued t o text his union-issued phone. Sherles' text log exactly matches the record on Boyd's text l o g ! as to precise time, initiator, and recipient of messages.

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Virtually nothing Block and Sherles claim has any credibility with respect t o July 2 and 3. As examples: It is entirely reasonable to question w h e t h e r Sherles and Block e v e n went to Palm Springs on the weekend that began July 2. Sherles submitted expense reports that claimed mileage reimbursement for travel on July 2 a n d July 5 between t h e Holiday inn in Sacramento and her residence and back t o the Holiday Inn. Her expense reports for Friday, July 2 also included a claim for the dinner per diem. Moreover, she never checked out of her suite a t t h e Holiday Inn on July 2, and instead, allowed the r o o m to continue to be master billed through the weekend to Local 1000. Sherles' text log also appears to show that she texted continuously between 11:30 am o n July 2 and 1:57 am on July 3. This fact makes her claim that she drove eight hours to Palm Springs during this t i m e highly suspect. Sherles' recollections of the weekend were lacking in obvious detail. She could not recall where they ate, and stated it was either in a Holiday Inn o r "at a hamburger place." Sherles was asked if she texted Boyd during the drive t o Palm Springs, and she stated no. Her own text records show that she and Boyd texted continuously for an hour beginning at 12:51 am until 1:57 am on July 3. Sherles stated that she saves all her texts, b u t insisted she no longer had Boyd's texts and could not recall their content.

Likewise, Block has little credibility regarding the events o f July 2 and 3. As examples: During our interview with her on August 19, Block repeatedly stated she "cried the whole way" and "slept in the car" on the drive to Palm Springs. She also repeatedly claims an inability to stay awake w h e n travelling by car at night. Nevertheless, Boyd's text logs show that Boyd t e x t e d continuously w i t h both Sherles and Block until 1:40 am on July 3. Block states Boyd called her while she was in t h e car, and she put h i m on the speakerphone so that Sherles could hear his voice. Boyd's cell phone records show that the earliest call he made o n Saturday, July 3, was at 8:12 a m . Boyd's cell phone records show that he called Block at 12:37 pm o n July 2 during lunch at the Holiday Inn, but at no other t i m e . While Sherles corroborates Block's account that Boyd called Block during the drive, her " c o r r o b o r a t i o n " simply creates the appearance t h a t the allegation was jointly concocted. Block was shown Boyd's text logs. She was also shown a transcription of the text messages on her phone from Boyd t h a t had the dates and times of transmission. She was shown that the logs did not match her account of events. When asked to explain the discrepancy, she stated she did not know how her phone worked, but did not believe it accurately recorded the dates and times o f the messages on her screen. Nevertheless, during our interview w i t h her on August 30, I sent Block a text which was received on her phone at 4:20 p m , The time of transmission on my phone was also 4:20 p m . When t o l d t h a t appeared to confirm that her phone recorded receipt of text messages accurately, she again stated she did not k n o w h o w her phone worked.

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Afternoon of Tuesday, July 6 Block alleges that Boyd texted her at 11:45 am on Tuesday, July 6 from cell phone number "284-3569". In the text, he allegedly asked, "Are you staying here tonight?" Between 11:45 am and 11:57 am. Block states she and Boyd exchanged 11 text messages. According to the screen on Block's cell phone, all of Boyd's messages were transmitted from "284-3569." The content of the messages concerned the time she was going to check in and questions as to whether she had checked in the night before. At 12:52 pm on July 6, Block states she sent the following message to Boyd, "Rich, your advances are unwanted, unsolicited, and unprofessional. Your sexual advances upset me. Please keep our conversation on a professional level," Block stated she sent this text in response to the message she had received from Boyd at 11:57 am on July 6. There is no record of a text received on Boyd's union issued cell phone from Block at that time. Sherles stated she dictated the text to Block before Block sent it. Block and Sherles were asked individually what was meant by "sexual advances." Each was asked the significance of pluraliiing the word "advances." Block stated an inability to answer the question. Sherles stated she did not know or recall why she suggested that Block use that word. Boyd was interviewed on August 18, 2030. Boyd stated he has never possessed or owned a cell phone with the number "284-3569." In our investigation, we determined that the phone to which that number is registered was a disposable and untraceable cell phone purchased at a retail outlet. Boyd owns a personal cell phone, but the number is 710-5170. At no time did either Block or Sherles claim they received any text messages from telephone number '"710-5170." Block and Sherles (and Orianes) each confirmed they have seen Boyd with two phones. Therefore, it is reasonable to conclude text messages sent from "284-3569" were not sent by Boyd.

Statement of Richard Boyd Boyd stated to us on August 18, 2010, that he had never invited Block to his suite, that she was not in his suite, and that he did not send the text messages as alleged on July 2 and 3, He also stated he did not receive or send text messages to Block on July 5 as described by Block, Boyd also stated that his texting with Orianes is related to friendship but nothing more, Boyd stated that during the month of July, he had initially rejected or questioned some of Sherles expense reports. He said he had also been "hawking Robyn's travel expenses" and in particular, recalled she had an outstanding travel advance that exceeded $1,000. He stated he warned her specifically about her expense claims

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because she had frequently asked him to approve expense claims in casual settings, such as in a hallway or in between meetings, when he was unable to review them thoroughly. He stated these discussions had occurred during the week of July 5. He said he spoke with her three times in connection with her request to approve a travel advance and explained why he would not do so. He stated that as part of his effort to control expenses related to bargaining, he asked the Chairs to justify allotment of hotel rooms to members. He recalled a discussion during the week of June 28 in which Fran Pass and Sherles were present. During the discussion Pass argued that Block should receive a hotel room despite her residence in Roseville. Sometime in mid to late July Boyd reviewed hotel rooms and learned that Sherles and Block shared adjoining rooms and concluded they were involved in a relationship.

Statement of Melody Orianes Orianes stated that she and Boyd became friends soon after he started work. She stated they text frequently, but that they have no other relationship. She stated she texted to his union issued cell phone, knew his personal number, but had no knowledge of a telephone number beginning with a "284" exchange. Orianes confirmed she currently texts Boyd at 710-5170.

Closing Summary; Block first shared her allegation with Stacey Giacchino on Friday afternoon, July 30, Block and Sherles stated they had not made their allegations known prior to that date. There is no evidence in Boyd's or Sherles' phone or text logs that demonstrate any unusual pattern of communication among these three after July 3. Communications after that date appear to be business related. Based on our interviews and thorough reviewof phone logs and text logs, we believe the allegations were fabricated and lack merit.

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Transcription of Text Messages Taken From Block's Cell Phone

From Rich Boyd 425-7164, 7/2/2010, 3:02 PM: "Please don't leave until we talk.' From Rich Boyd 425-7164, 7/2/2010, 3:55 PM: "Please meet me in El Dorado room at 4:00." From Rich Boyd 425-7164, 7/2/2010, 6:35 PM: "I need to be inside of you." From Rich Boyd 425-7154, 7/2/2010, 9:43 PM: Hello? From Rich Boyd 425-7154, 7/2/2010, 9:46 PM: OK I give up. From Rich Boyd 425-7164, 7/2/2010, 9:59 PM: Oh OK I need to tell you I really appreciateci this afternoon. From Rich Boyd 425-7164, 7/2/2010, 10:01 PM: I'm just not going to chase you. From Rich Boyd 425-7164, 7/2/2010, 10:02 PM: Or be made feel as if I am (sic) From Rich Boyd 425-7154, 7/2/2010, 10.03 PM: No Facebook From Rich Boyd 425-7154, 7/2/2010, 10:24 PM: Your style and your gracel From Rich Boyd 425-7164, 7/2/2010, 10:29 PM; And the fact that underneath it all you are a freak like me I From Rich Boyd 425-7154, 7/2/2010, 10:32 PM: BTW... this the Union's phone. Call me and text me at this number 916-284-3569, It is my personal cell. From Rich Boyd 425-7164, 7/2/2010, 10:33 PM: Yes believe it or not. From Rich Boyd 284-3569, 7/3/2010, 1:23 A M : I am wanting you. From Rich Boyd 284-3569, 7/3/2010, 2:37 A M : My dick is hard and wanting you. From Rich Boyd 284-3559, 7/3/2010, 2:39 A M : Yes baby!

From Rich Boyd 284-3569, 7/3/2010, 2:41 A M ; Thinking about you as I lay here stroking m y dick. From Rich Boyd 284-3569, 7/3/2010, 2:51 A M : Hello? From Rich Boyd 284-3569, 7/2/2010, 3:02 A M : Tried to call ugh! ... No answer... and you send me a text with no content... you really frustrate me. I have had enough... Let's just let it feel as if you are honest with me no let's not have any further contact with each other. GOODBYE!! I From Rich Boyd 425-7154, 7/3/2010, 3:16 A M : Please do not contact me again. Thank youf

/ " ) )
From Rich Boyd 284-3569, 7/6/2010, 11:45 A M : From Rich Boyd 284-3569, 7/6/2010, 11:46 A M : Are you staying here tonight? W h a t room are you in? From Rich Boyd 2B4-3569, 7/6/2010,11:49 A M : 1 was told you checked in last night.... Is that true? From Rich Boyd 284-3569, 7/6/2010,11:45 A M : I'm staying.here tonight. Same room. From Rich Boyd 284-3569, 7/6/2010,11:54 A M : You need to answer my question.... Did you check in last night? From Rich Boyd 284-3569, 7/6/2010,11:57 AM: Interesting.... 1 was told that you here last night. (sic) From fylichelle Block, 7/6/2010,12:52 PM: Rich, your advances are unwanted, unsolicited and unprofessionaL Your sexual advances upset me. Please keep our conversation on a professional level. From Rich Boyd 284-3569, 7/6/2010, 12:56 PM:: ?????? From Rich Boyd, 7/10/2010, 3:48 PM: Just saw you and your daughters getting into Robin's car.

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