Romam Dallemand P 0 Box 11210 Naples, Fl 34108 (860) 212-0525: 3‘2 American Arbitration Assoc iation LAL Case Filing Services DP 1101 Laurel OakRoad Suite 100 Voorhees, NJ 08043 January 28,2015 RE: ROMAINDALLEMA1 %ID/B IBB COTThITY BOAR]) OF Dear Si/Madant EDUCATION, ET AL Enclosed herewith for proces sing please find original and copy ofDemand for. h respect to the contents of the attached Severance Agreement (the Agreement) and ancillary Ex hibits attached and incorpora ted by reference and as more particularized and made refere nce to in the Demand relativ e to the gravamen of the claim pertinent to violations of clause s 6 and 7, appearing on pag e 2 ofthe Agreement with claim s for breach of contract together wit h claims for defamation and inteiference with contractual andfor contractual relations.. Arbitration (the Demand) wit I have also enclosed a certifi cate of service and a check wit h the required filing fee so sed expeditiously. that this Demand may be proces Thank you for your courtesy and attention to this rhatter. Very cc: Bibb County Board of Educa tion Bibb County School District Certiflàate of Service y ours Ron C EMPLOYMENT ARBITRATION RULES AMERICAN ARBITRATION ASSOCIATI 5 ON DEMAND FOR ARBITRATION Please visit our website at wwwadcorg if you would like to file this case online. MA Customer Service can be reached at 800-778-7879. Mediation: If you would like the AAA to contact the other parties and attempt to arrange mediation, please check this box There is no additional administrative fee for this service. LI - Parties (Claimant) Name of Claimant Representative’s Name (if known): Roma in Dal lemand Not rêtaiñed at this time Address: Firm (if appHcable): PO. Box 112103 City: Representative’s Address: I State: Fl I I Fax No.: Naples, Phone No.: I (860) 232—0525 Email Address: 3 q d: .rodallemand@grnail corn a City: State: Phone No.: I Fax No.: I Email Address: — Name of RespondentBJbb County Board of Representative’s Name (if known): Education and Bibb County School Dist. Address: 1ndy Howard 484 Mulberry Street I State: Macon I Phone No.: Ga Esg.. Firm (if applicable): Representative’s Address: City: ZipCode: Zip Code: City: 31201 Fax No.: 484 Mulberry Street MaOon Phone No.: Email Address: I Code: 1201 Fax No.: (.478) 7—R711 (478) 765—8711 1 Zi Statea Email Address: Claim: What was/is the employee’s annual wage range? Noter This question is required by California law [1 [1 Less than $100,000 $100,000-$250,000 IXI Over $250,000 I Claim involves: LI Statutorily Protected Rights L Non-Statutorily Amount of Claim: Ten milliion ($10,000,000.00)DollarsI Protec±edRights In detail, please describe the nature of each claim. You may attach additional pages if necessary: As set forth in the attached recitation of salient facts relating to claim the Respondents breached paras. 6 and 7 of the attached Severance .:Agreeme t and further committed acts of libel and slander and interference with.contr — 1IT R AttM4/ L .est&Wy[ Other commensurate damages Neutral: Please describe the qualifications for arbitrator(s) to hear this dispute: Licensed member of the bar with expertise in contract and tort law., Hearing: Estimated time needed for hearings overall: Hearing Locale:Broward hours or County State of Florid1 3 Requested by Claimant days [1 Locale provision included in the contract Filing Fee: LI Employer-Promulgated Plan fee requirement or $200 (max amount per AA4 rules) EXStandard Fee Schedule for Individually-Negotiated Contracts [1 Flexible Fee Schedule for lndividually-Negotiated Contracts Amount Tendered: $14 ,90() flfl Notice: To begin procedings, please send a copy of this Demand and the Arbitration Agreement, along with the filing fee as provided for in the Rules, to: American Arbitration 4ssociation, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Vocirhees, NJ 08043. Send the original Demand to the Respondent 7” 4) ?L. Signature ay,k(?ged by a r presentative): Date: January 28, 2015 Pursuant to Section 1284.3 of the California Code of Civil Procedure, consumers with a gross monthly income of less than 300% of the federal poverty guidelines are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. This law applies to all consumer agreements subject to the California Atbitration Act, and to all consumer arbitrations conducted in California. Only those disputes arising out of employer promulgated plans are induded in the consumer definition. If you believe that you meet these requirements, you must submit to the AAA a declaration under oath regarding your monthly income and the number of persons your household. Please contact the AAAs Western Case Management Center at 1-877-528-0879. If you have any questions regarding the waiver of administrative fees, in AAA Case Filing Sersices can be reached at 877-495-4185. RECiTATION OF SALIENT FACTS RELATING TO CLAIMS As set forth in relation to the claims without limitation sounding in breach the torts of defamation and intentional interference with contractual of contract and and for advantageous relations the Claimant attaches herewith the pertinent and relevant Exhibi ts marked A thru I as evidencing the relevant facts which will be brought to the attention ofthe Arbitrator hearing this matter. More particularly, the Claimant incorporates by reference the following Exhibi ts which speak for themselves. Exhibit A The Severance Agreement (the Agreement) dated February 25,2013 between the Claimant and the Respondents named herein with particular reference to the unambiguous language set forth paragraphs 6 and 7 appearing on page 2 thereof which the Claimant asserts were flagrantly and intentionally violated by the Respondents. (emphasis added) In the foregoing regard it should be underscored that a redacted portion of the language appearing in paragraph 6 of the Agreement states that “the Release includ es all cjaims, known or unknown “ (emphasis added) As underscored once again the entire language appearing in paragraph 7 of the Agreement states that “Dr. Dallemand and the Board, as well as individual board members, agree that at all times after the date of this Agreement, they will not make any statem ent of any kind, whether verbally or in written form, or otherwise take any action, that may reasonably be considered to disparage or impugn the other’s work and/or reputation.” Exhibit B Financial Audit prepared by Mauldin & Jenkins, L. L. C. at the request of the Board subsequent to the execution of the Agreement and simu ltaneous resignation of the Claimant on February 25, 2013 and publicly presented to the Boar d on February 27,2014 presentation was accusatory towards the Claiman t during his tenure and which as Superintendent as more particularly set forth in the specious, fictive and false findings incorporated on pp. 121 thru 123 of the audit report. Suffice to say, Mauldin & Jenkins which had served as the auditors of the District for approximately 14 years were replaced as the auditors by the Claimant in his capacity as Superintendent who retained the firm of MeGladrey, which found by implication that Mauldin & Jenkins L.L.C. on or about December 16, 2011 was culpable of misfeasance and negligence with respect to its prior audit in relation to its findings as the same related to the District and more particularly unearthing a Board member invo lved in bid rigging, principals unauthorized use of credit cards for sundry purposes relating to purc hasing ofpersonal items such as groceries and alcoholic beverages and without limitation emp loyees who were paid for work never performed. Exhibit C News release dated February 27,2014 ofthe Mac on Telegraph relating to the findings of Maulclin & Jenkins, LL.C. and the public hearing cond ucted before the Board of even date which unjustly impugned and maligned the reputatio n of the Claimant. Exhibit D News release date d February 27,2014 discussions of the Board members cu of the Macon Teleg lminating in a 6-2 investigating violat notwithstanding th ions as set forth in the refe raph commenting upon the vote in favor of ex ploring options fo r renced audit and ho w they occurred e observation of D r. E. Steven Smith as Inte the Board could ve ry well be percei ved as conducting rim School Super intendent th at a “witch hunt.” Exhibit E News release date d February 28, 2014 school officials an d state and federal and whether a crim inal investigation commenting upon prosecutors to disc nce Agreement fronically in a seem Steven Smith who was quoted as stat the legal implicatio ns of the above- ol Superintendent D ing only the day be about the audit. could very well be imant publicly mad ith state and federa the state’s educator r. E. fore that the Board nt” against the Cla to not only meet w t ip-flop Interim Scho ucting a “witch hu intended to notify e recent school audi ingly unblushing fl perceived as cond between uss the results of th was warranted and referenced Severa scheduled meeting l authorities on Mar ch 3, 2014 watchdog agency, e known his intent ion but in addition that he also the Professional St andards Commissi on Exhibit F Letter dated Mar McLaughlin to Dr. ch 4, 2014 from Se nior Assistant Attor ney General David B. Steven Smith as In terim Superintend ent stating “that ther S. e was [nothing] or anything facially evident in the Annual investigation” and specifically requesting Financial Report which would warrant a criminal information in the form of a detailed sum allegations and any relevant documentation mary of the or materials which may support the initiati on of a criminal investigation. Exhibit G Complaint filed on March 28, 2014 wit h the Georgia Professional Standa rds Commission by Edwin B. Aaron as Personnel Review Off icer and Dr. E. Steven Smith as Interim School Superintendent. Assumedly the Board had one last arrow in their quiver as in lieu of provid ing any relevant information requested by the Sen ior Assistant Attorney General as contained in his letter dated March 4, 2014 to support a criminal inv estigation as referenced above on March 28, 201 4 Messrs. Aaron and Smith ified the attache d Complaint. Exhibit II Final Order dated November 17, 2014 from Georgia Professional Standards Commission revoking Complainant’s license as an edu cator with no evidence of notice to Com plainant or certificate of service relating thereto. Exhibit I Complainant’s Motion to Vacate Decisio n and/or Reopen Proceedings for Fraud Practiced upon the Commission with Certific ate of Serv ice dated January 13,2015 in reference to notice to the Bibb County Board of Edu cation and Bibb County School District. RESERVATION OF RIGHTS The Complainant reserves the right to supplement this Exhibit List.