LEGAL DIVISION Department of Social Services Office of Chief Counsel MARK M. REESE Assistant Chief Counsel CONNIE SKOW (State Bar No. 137670) Senior Staff Attorney 744 Street, MS 8-5-161 Sacramento, CA 95814 Telephone Number: (916) 654-1106 Facsimile Number: (916) 654?2134 Attorneys for Complainant LINDA RANDLETT KOLLAR (State Bar No. 126850) HOOPER, LUNDY 8. BOOKMAN, RC. 1875 Century Park East, Suite 1600 Los Angeles, CA 90067-2517 Telephone Number: (310) 551-8111 Facsimile Number: (310) 551-8181 Attorneys for Respondent Gordon Richardson BEFORE THE DEPARTMENT OF SOCIAL SERVICES STATE OF CALIFORNIA OAH No. 2013070732 CDSS No. 7013158202D STIPULATION AND DECISION AND ORDER IN THE MATTER OF: GORDON RICHARDSON Respondent. STIPULATION AND WAIVER Respondent GORDON RICHARDSON, having obtained the counsel of Linda Randlett Kollar, Esq., of Hooper, Lundy Bookman, P.C., has been fully advised of the charges of the Accusation (Exclusion Action) in this matter (a copy of which is attached hereto as Exhibit 1 and incorporated herein by reference), and hereby enters into the following Stipulation and Waiver; and Order (?Stipulation?) with the Complainant, David F. Dodds, as a means of achieving a full and final resolution of the Accusation (Exclusion Action) in lieu of an evidentiary hearing and decision. Richardson Stipulation and Waiver; and Order (Revised 12/12/2013) 1 Respondent Gordon Richardson and Complainant (hereafter, collectively the ?Parties?), and their respective counsel, hereby stipulate and agree as follows: 1. The Department of Social Services (hereafter, the ?Department?) filed an Accusation (Exclusion Action, hereafter, ?Accusation") on June 12, 2013, alleging, inter alia, violations of personal rights, lack of care and supervision, inadequate staffing/personnel plan, inadequate runaway and emergency intervention plans, inappropriate restraints, reporting requirements violations and conduct inimical at FamiliesFirst nc.?s (hereafter, ?FamiliesFirst?) group home, doing business as FamiliesFirst lnc., Treatment, located at 2100 5th Street, Davis, California (hereafter, the "Davis Campus? or ?facility?). 2. At all relevant times, Respondent Gordon Richardson served as the Executive Director of the Capital Region of FamiliesFirst. The Capital Region includes the facility at the Davis Campus, and Respondent had supervisory responsibilities for the Clinical Director/Group Home Administrator of the Davis Campus. 3. Respondent Gordon Richardson admits and represents as follows: A. At all relevant times, Respondent served as the Executive Director of the Capital Region of FamiliesFirst. Title 22 regulations do not specify the responsibilities of that particular position. As the Davis Campus is one of the programs in the Capital Region, Respondent had oversight responsibility for the Clinical Director/Group Home Administrator, which is a position covered by Title 22 regulations. See, eg. 22 CCR 84064 et seq. B. Respondent was aware of the decision by the Clinical Director/Group Home Administrator of the Davis Campus to restructure the on-call staffing pool and to hire these previously on-call employees into full-time, benefitted positions. Respondent did not predict that many on-call employees would decline full-time positions and/or that the Davis Campus would have any trouble filling available positions. Richardson Stipulation and Waiver; and Order (Revised 12/12/2013) 2 C. Respondent represents that he was not informed to the extent of the problems at the Davis Campus and the staff?s difficulty controlling the Davis Campus residents. Respondent represents that had he been fully informed of the degree of difficulty in maintaining youth on the Davis Campus, he would have encouraged the Clinical Director/Group Home Administrator to timely discharge residents who demonstrated that they could not be successfully served in the program for the period between December 2012 and June 2013. D. Respondent represents that he did not immediately learn of the problems at the Davis Campus detailed in the Accusation, including that staff members did not contain some of the residents on the Davis Campus through non- physical interventions such that the residents left the Campus without permission of staff. Once Respondent understood the extent of the problems, Respondent supervised the updating of the runaway policies and procedures for the Davis Campus although this was a Group Home Administrator function. E. Respondent represents that he was not aware that the Davis Campus was not timely reporting incidents in accordance with Title 22. Respondent represents he would have required the Group Home Administrator to address and remediate why the Davis Campus did not timely report to CCL and other authorized representatives about some incidents. The admissions contained above are made exclusively in settlement of this matter and are not deemed applicable in any other forum, including any other criminal or civil matters. The allegations in the Accusation remain in factual dispute. The Department believes that it could prove each of the allegations contained in the Accusation by a preponderance of the evidence at hearing. Further, the fact that Respondent does not admit all of the allegations contained in the Accusation is not to be interpreted directly or indirectly to mean that the Department has insufficient evidence or grounds to support such allegations. Respondent does not believe he Richardson Stipulation and Waiver; and Order (Revised 12/12/2013) 3 should be subject to an exclusion action for the alleged misconduct that occurred on the Davis Campus. The Parties, however, choose to enter into this Stipulation in reliance upon each of the provisions and waivers stated herein. 4. The exclusion sought in the Accusation shall be stayed for a period of three (3) years (hereafter, the ?Stay?) during which time Respondent Gordon Richardson agrees to perform his duties in connection with FamiliesFirst and any other facility licensed by the Department in substantial compliance with the terms and conditions specified below. These facilities include, but are not limited to, any community care facility (CCF), certified family home (CFH), residential care facility for persons with chronic, life-threatening illness (RCFCI), residential care facility for the elderly (RCFE), child day care facility (CDCF), or family child care home (FCCH) as defined in 1502(a), 1506(d), 1568, 1568.01, 1569.2, and 1596.750 of the Health and Safety Code. 5. During the pendency of the Stay provided above in paragraph 4, Respondent Gordon Richardson agrees to the following specific terms and conditions in connection with his current employment with FamiliesFirst, and association to its licensed facilities in the Capital Region, which currently includes the Davis Campus and the crisis nursery located at 1701 Balsam Place, Davis, California: A. Respondent acknowledges that he is currently employed as the Executive Director of the Capital Region at FamiliesFirst. B. Respondent acknowledges and understands that FamiliesFirst, entered into a Stipulation and Waiver; Decision and Order dated November 7, 2013, (hereafter, ?FamiliesFirst Stipulation?) with the Department and that the Davis Campus will have a probationary license subject to certain specified terms and conditions. A copy of the FamiliesFirst Stipulation is attached hereto as Exhibit 2. Respondent currently serves as the Capital Regional Executive Director with general oversight responsibility for the conditions set forth in the probationary Richardson Stipulation and Waiver; and Order (Revised 12/12/2013) 4 Om?mthN-A and conditions that will govern his employment or presence in, or contact with clients, of FamiliesFirst Stipulation. Respondent stipulates that he has read and reviewed the terms and conditions of the probation imposed, and agrees that FamiliesFirst must comply with the conditions set forth in that Stipulation. C. Further, as the Capital Regional Executive Director, Respondent shall be accountable and responsible for the general supervision and overall operation of the Davis Campus. Respondent shall be responsible for the immediate oversight of the Davis Campus Residential Treatment Program, the implementation of its Program Statement, Plan of Operation and Policies, and further, the management and supervisory oversight of the Administrator so as to ensure the operation of the Davis Campus in accordance with all applicable licensing laws and regulations and the terms and conditions of the FamiliesFirst Stipulation. D. Respondent stipulates that he will not be the designated Administrator of the Davis Campus, or the administrator of any other licensed facility while employed by FamiliesFirst. 6. Further, during the pendency of the Stay provided above in paragraphs 4 and 5, above, Respondent Gordon Richardson agrees to the following general terms any facility licensed by the Department or certified by a licensed foster family agency, and further, his current employment with FamiliesFirst: A. The Stay shall be tolled during any period of unemployment should that occur. During the period of unemployment, Respondent will not have any responsibility or oversight for compliance with the terms of the FamiliesFirst Stipulation. Upon re?employment, the Stay shall be reinstated and will continue until such time as the three-year period is vacated. II II Richardson Stipulation and Waiver; and Order (Revised 12/12/2013) 5 B. Respondent shall ensure that the licensee/employer is aware of the terms and conditions of this Stipulation as it relates to his employment. Specifically, the Respondent shall provide a copy of this Stipulation to present and prospective employers and obtain an acknowledgement of receipt from such licensee/employer. A copy of the Stipulation and acknowledgement shall be maintained by the employer in the Respondent's personnel file and available for licensing inspection. C. Respondent shall comply with all statutes and regulations related to his employment or presence in a licensed facility or other care facility subject to the Department?s jurisdiction. D. Respondent is responsible for ensuring that all relevant licensing laws and regulations contained in the Health and Safety Code and Title 22, California Code of Regulations governing the operation of community care facilities are known and understood by him. E. Respondent shall notify the Department's local licensing office in writing of any change of address or residence within ten (10) days of such change. Respondent agrees that valid service of an Accusation to vacate the Stay provided above in paragraph 4 may be effectuated by certified mail at the last address provided by Respondent to the Department. Further, Respondent shall notify the licensing office of any change in employment within ten (10) days of such occurrence. F. Respondent agrees that he will not apply for a license to operate any facility licensed by the Department; nor, apply for certification from a licensed foster family agency during the Stay. In the event such application is filed, the Department or the licensed foster family agency shall cease further review of the application. The application shall be deemed denied, and Respondent shall not be entitled to a separate hearing on the issue of denial. Richardson Stipulation and Waiver; and Order (Revised 12/12/2013) 6 7. Respondent Gordon Richardson agrees that violation of any of the terms of this Stipulation shall constitute suf?cient grounds to exclude Respondent from employment in, presence in and contact with clients of, any facility licensed by the Department or certi?ed by a licensed foster family agency, and from holding the position of member of the board of directors, executive director, or officer of the licensee of any facility licensed by the Department. In such an event, Respondent shall be entitled to an administrative hearing before the Of?ce of Administrative Hearings on the sole issues of whether there was a serious or substantial violation of a material term andlor condition herein, and whether Respondent has caused and/or permitted such a violation. Upon a finding that a condition or any of the other terms of this Stipulation was violated, Respondent shall be excluded from facilities licensed by the Department or certified by a licensed foster family agency. 8. If Respondent Gordon Richardson has successfully. complied with the terms of the Stipulation, at the end of three (3) years from the effective date of this Stipulation, the terms and conditions of the Stay shall expire and this Stipulation shall no longer be in effect, which will constitute a full and final resolution of the Accusation. The Department may, in its discretion, upon petition from Respondent consider terminating this Stipulation at an earlier time; however, no such petition may be filed during the first two years that this Stipulation is in effect. 9. The Parties agree that resolution of this matter by way of Stipulation is for purposes of settlement only. Any express or implied admissions contained in this Stipulation shall not constitute an admission of liability or be used in any civil, criminal, or administrative proceeding, unless the proceeding is to enforce the terms of this Stipulation. 10. Respondent Gordon Richardson agrees and understands that nothing in this Stipulation is to be construed to limit the authority of the Department to impose discipline for violations of statutes and regulations applicable to Respondent. If any Richardson Stipulation and Waiver; and Order (Revised 12/12/2013) 7 A Accusation seeking to vacate the Stay is filed by the Department, then the period of the Stay shall be extended, if necessary, beyond three (3) years and shall remain in force and effect until such time as the Department issues a final Decision and Order on the Accusation. 11. The Parties waive their rights to a hearing in this matter, to present any evidence on their behalf and to cross-examine witnesses testifying on the other party?s behalf. The Parties further waive their rights to further discovery in this matter. Respondent Gordon Richardson understands that the pending administrative hearing, which is scheduled for June 9, 2014 through July 18, 2014, will be resolved in accordance with this Stipulation. 12. Respondent Gordon Richardson waives all rights of review arising out of this action or this Stipulation or the Order implementing it, including but not limited to a petition for reinstatement or rehearing, writ of administrative mandamus, any other judicial or administrative review or any other right or ability he may have to seek to have this Stipulation modi?ed or set aside on any grounds whatsoever. 13. The Parties waive all known or unknown legal actions or claims against each other, or their employees or agents that they may have acquired or come to acquire arising out of this matter. Further, it is understood and agreed that this is a full and final settlement of all claims. related to this matter and a release of all unknown, undisclosed and/or unanticipated damages or claims now known, disclosed and/or anticipated with the exception of an action to enforce this Stipulation. The Parties expressly waive and relinquish any and all rights and bene?ts, which either may have now or in the future have, under California Civil Code 1542, which provides as follows: general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Richardson Stipulation and Waiver; and Order (Revised 12/12/2013) 8 14. The provisions of this Stipulation are severable. If any provision of this Stipulation or its application is held invalid, that invalidity shall not affect other provisions or applications of the Stipulation that can be given effect without the invalid provision or application. 15. The terms of this Stipulation and Waiver are enforceable by the Department in any court of competentjurisdiction. 16. This Stipulation is a public record as required by 11517(d) of the Government Code. It is accessible to the public pursuant to the Public Records Act, 6250 et seq. of the Government Code. 17. A facsimile or scanned copy of the signature page of this Stipulation will bind the signing party or Parties to the terms and conditions herein once any remaining party or parties execute the document and once the Order is executed. Further, Respondent Gordon Richardson represents and warrants that Linda Randlett Kollar, Esq., of Hooper, Lundy Bookman, RC, is the attorney employed to represent him with respect to this Stipulation and all matters covered herein, that he has been fully advised by said attorney with respect to his rights and with respect to the execution of this Stipulation and to all matters which are the subject thereof. 18. This Stipulation may be executed in counterparts. 19. This Stipulation is effective on the date on which the Department?s Order adopting it is executed. 20. This Stipulation constitutes the entire agreement between the parties with respect to the Accusation in this case. Moreover, the terms of this Stipulation may not be amended except in writing, signed by all the Parties thereto. II II If Richardson Stipulation and Waiver; and Order (Revised 12/12/2013) 9 Ci.) 01-h CO 00 ?xi CD in the waiter r5? gamma . . 3033140.: mmwemm F'i" 3'8 539 STEP-ULATED: ("7i (i (b .I $153; 2013 . m? .h IBIZOIR .. I LJRTED RAM) .- -.- Jailomey for Respondent QM $41-er CONNIE SKOW Senior Staff Attomay A?ernay? for Cbmpiainant .. DATED I DODDS, mnplaman: Ia-tarim Deputy Director Com?munity Care-.- Licensing Division Department of {Eocial Services State of Ewan-N AND-c}me The prawdihg Simulation in the Ma?a 9f Ge'rs?azm Richardson, 6088 case No; ??01315?8202i), hereby is adopth 33.3; the Eimreartment as its Dacisibn in ?air; matter. . 20-13. IT IS SO. ORDERED was .1 my 0F 77, MARK M. REESE ksrnistant Chm: Counsel' Legal Divisi'dn Richardson Stipulatian and \I?Jaiver; and Order (Raised 1211212013) 10