September 27, 2020
Mr. Vieira-Ducey: In reference to the LEGAL SUFFICIENCY rule and the legal standards that should be applied in the instant matter of the rogue OAKLAND PROMISE Legal Status, I have provided compelling evidence [according to these guidelines attached] and based upon these legal standards, there should be no further delay in the issuance by the Office of District Attorney of Alameda County of a temporary CEASE and DESIST order against the rogue OAKLAND PROMISE whose CEO is Mia Bonta, the wife of Assemblymember Ron Bonta, from any further solicitation and collection of financial donations to this organization and All funds received thus far by this rogue OAKLAND PROMISE be placed in a protected account held by your office until verification of the rogue OAKLAND PROMISE'S Legal Status as a 501(c)3 nonprofit tax-exempt public benefit corporation is determined. Respectfully, Gene Hazzard https://legal-dictionary.thefreedictionary.com/sufficiency "sufficiency" the question in the law of evidence as to whether a party has produced enough evidence that supports his case.
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REBUTTAL TO OFFICE OF THE MAYOR, CITY ADMINISTRATOR, HUMAN SERVICE DEPARTMENT [STAFF CONTACT KATHY HICKS] REGARDING THE PUBLIC RECORDS REQUEST 20-6010 AND CITY COUNCIL RESOLUTION 88208 CMS , APPROVING $1,150,000.00 TO A ROGUE ORGANIZATION KNOWN AS "OAKLAND PROMISE " WITHOUT THE VERIFICATION OF THE LEGAL STATUS OF THIS IDENTIFICATION OF "OAKLAND PROMISE " WHOSE CEO IS MIA BONTA OF THE ROGUE "OAKLAND PROMISE " AND WHO IS THE SIGNATURE RECEIPIENT AND GRANTEE OF $1,150,000.00 APPROVED BY CITY COUNCIL RESOLUTION 88208 CMS , WITHOUT VERIFICATION OF THIS ROGUE "OAKLAND PROMISE " LEGAL STATUS AS A 501(c)3 nonprofit tax-exempt public benefit corporation.. THIS CLEARLY IS AN ILLEGAL AND FRAUDULENT TRANSACTION!Please be advised the document you provided in the California Secretary of State's Office and the Employer Identification Number 54-2103707 is that of EAST BAY COLLEGE FUND [EBCF].
On June 27, 2019, EBCF, Amended and Restated their Articles of Incorporation from 2003 and changed the organizational name to OAKLAND PROMISE as noted in the Whereas Clause of the City Council Resolution #88208 CMS approving the $1,150,000.00 to OAKLAND PROMISE. This OAKLAND PROMISE is not the same OAKLAND PROMISE as identified in the Grant Packet of 2019-2021 rather is the rogue OAKLAND PROMISE without any verification of the organizations LEGAL STATUS as a 501(c)3 nonprofit tax-exempt public benefit corporation. Further, the document reveals that this rogue OAKLAND PROMISE, whose CEO, Mia Bonta, the wife of California Assemblymember Ron Bonta is the recipient and the grantee of the $1,150,000.00 approved by Resolution 88208. An additional $500,000.00 was also approved to this rogue OAKLAND PROMISE without any verification of the organization's LEGAL STATUS as a 501(c)3 nonprofit tax-exempt public benefit corporation. The City Council authorized these funds under Resolution 87761CMS at the same meeting when they authorized Resolution 88208 CMS. It should be further noted that on August 27, 2019 , CEO, Mia Bonta filed a Fictitious Business Name in the Alameda County Clerk-Recorders Office as your documents reveals. This is incongruent with the above Resolution s. How can EBCF do a name change to OAKLAND PROMISE and OAKLAND PROMISE as reflected in the Alameda County Clerk-Recorders Office do a Fictitious Business Name [DBA] EAST BAY COLLEGE FUND. Additionally, neither OAKLAND PROMISE is represented on GUIDESTAR'S website the platform for ALL NONPROFIT ORGANIZATIONS. From: Gene Hazzard <[email protected]> Date: Mon, Sep 14, 2020, 9:13 PM Subject: Oakland Promise 2019-2021 Grant Packet 5617R1 - signed.pdf To: <[email protected]> Mr Vieira-Ducey: Please note the signature of Mia Bonta on this grant document of $1,500,000.00, approved by Council Resolution 88208 CMS. There are clearly two different OAKLAND PROMISES represented in this Grant Packet 5617R1, - (1) Which is represented by EAST BAY COLLEGE FUND noted by the name change , when EAST COLLEGE FUND , Amended and Restated It's Article of Incorporation on June 27, 2019 by a name change to OAKLAND PROMISE and as noted with C2504888 is the Corporation number assigned to EBCF with the date of origin in 2003. Then as noted, the other OAKLAND PROMISE is a rogue organization where there is NO verification that this OAKLAND PROMISE whose CEO Mia Bonta is the signature on the document has not provided any substantiation that her OAKLAND PROMISE has a legal status as a 501(c)3, Non-profit, Public Benefit Corporation. This document is compelling evidence that this transaction pursuant to Council Resolution 88208 CMS is an illegal gift of Public Funds and a TEMPORARY CEASE AND DESIST ORDER against OAKLAND PROMISE represented by the document signed by CEO, Mia Bonta is warranted until the obvious issue of two OAKLAND PROMISES is determined because one is a rogue organization and is not a 501(c)3, Non-profit tax-exempt public benefit corporation. Non-profit agency, TO OAKLAND CITY COUNCILMEMBERS AND THE CITY CLERK
RE: OAKLAND CITY COUNCIL MEETING JUNE 30, 2020 SUBJECT: CONFLICT WITH AGENDA ITEM[ 2.20] ON THE CONSENT CALENDAR AND AGENDA ITEM[11] ON THE NON CONSENT AGENDA. The Agenda Report for Agenda Item [2.20] on the Council’s Consent calendar, states, “Two Agencies have CHANGED their legal name and one Agency is managed by a NEWLY incorporated non-profit agency. *THE OAKLAND PROMISE: Brilliant Baby Program will be directly operated by the NEW 501(c)3, Non-Profit agency, THE EAST BAY COLLEGE FUND[DBA OAKLAND PROMISE] and will cease to be a fiscally sponsored project under the OAKLAND PUBLIC EDUCATION FUND[OPEF] . Under this consent item 2.20 the OFFICE OF CHILDREN AND YOUTH is for fiscal year 2020 grant renewal for EAST BAY COLLEGE FUND [DBA OAKLAND PROMISE] for $286,650. FACTS: On June 27, 2019 , THE EAST BAY COLLEGE FUND, Amended and Restated their Original Articles of Incorporation [of 2003] and changed the organizations NAME to OAKLAND PROMISE [A0830276]. As noted in the Report, (above) East Bay College Fund was one of the two Agencies to legally CHANGED its name. **THIS WAS NOT A MERGER BETWEEN EAST BAY COLLEGE FUND AND OAKLAND PROMISE AS DEFINED BY THE CALIFORNIA CORPORATION CODE 6010 AND 6011, which REQUIRES the approval and authorization by the Attorney General of the State of California , Xavier Becerra upon authorization then the Attorney General issues a Certificate of Merger. Any proposed merger can ONLY exist between two Non-Profit Organizations. Mayor Libby Schaaf’s OAKLAND PROMISE has NEVER received a letter of DETERMINATION from the INTERNAL REVENUE SERVICE(IRS), stating that her OAKLAND PROMISE is a 501(c)3 Non-Profit , Public Benefit Corporation. FURTHER, neither OAKLAND PROMISE appears on any non-profit website like GUIDESTAR where one could locate the named non-profit. However, THE EAST BAY COLLEGE FUND, AND OAKLAND PUBLIC EDUCATION DOES APPEAR ON THE GUIDESTAR WEBSITE. When EAST BAY COLLEGE FUND changed their name on June 27, 2019, the OAKLAND PUBLIC EDUCATION FUND ceased as the fiscal sponsor for OAKLAND PROMISE as noted in the Annual Audit Report, that identified the “exit agreement” which was essentially a divorce from OAKLAND PROMISE. The OAKLAND PUBLIC EDUCATION relinquished ALL assets and liabilities and returned millions of dollars they held in trust for OAKLAND PROMISE. On July 1, 2019 Mia Bonta, wife of State Assemblyman Ron Bonta , became the Chief Executive Officer of OAKLAND PROMISE. It’s unclear whether Mia Bonta is an Employee of THE EAST BAY COLLEGE FUND or the employee of the separate organization also known as OAKLAND PROMISE identified in Agenda Item [11], where there is a proposed Resolution authored by Council member Loren Taylor authorizing $1,150,000.00 to the organization known as OAKLAND PROMISE. When one visits the California Secretary of States website you will find OAKLAND PROMISE. It has however, the Registered Corporation Number C250488 which belongs to EAST BAY COLLEGE FUND which also states, it’s a non-profit organization with a Date of Origin April 2003. A further review of Alameda County Clerk-Recorder Office, the Fictitious Name Department,, CEO Mia Bonta for OAKLAND PROMISE has filed on August 27, 2019 a Fictitious Business Name [DBA] EAST BAY COLLEGE FUND # 562820 . THIS IS VERY PROBLEMATIC, INASMUCH AS NOTED ABOVE, EAST BAY COLLEGE FUND FILED WITH THE CALIFORNIA SECRETARY OF STATE [DBA] OAKLAND PROMISE. THESE ARE SOME OF THE ISSUES, WHICH APPEAR TO BE PROBLEMATIC FOR BOTH EAST BAY COLLEGE FUND AND OAKLAND PROMISE WHY ALAMEDA COUNTY DEPUTY DISTRICT ATTORNEY ED VIERA-DUCEY, PROSECUTOR IS CURRENTLY DOING A CRIMINAL FRAUD INVESTIGATION OF OAKLAND PROMISE. BOTH AGENDA ITEMS [2.20] ON THE CONSENT CALENDAR AND AGENDA ITEM [11] ON THE NON-CONSENT BE PULLED PENDING A REPORT FROM THE DEPUTY DISTRICT ATTORNEY ED VIERA-DUCY REGARDING THE CRIMINAL FRAUD INVESTIGATION OF OAKLAND PROMISE. From: Gene Hazzard <[email protected]> Date: Fri, Sep 11, 2020, 7:47 AM Subject: I am sharing 'OaklandPromise_RegistrantDetails (5).pdf' with you To: <[email protected]>, Gene Hazzard <[email protected]> Mr. Vieira-Ducey Please take note of the analysis of the response to my Public Records Request 20-6010 regarding the request for a copy of the signature document from the authorizing Agency[INTERNAL REVENUE SERVICE] approving the Letter of Determination verifying that OAKLAND PROMISE as identified in the City Council's Resolution 88208CMS approving $1,150,000.00 to the organization known as OAKLAND PROMISE is in fact a 501(c)3 nonprofit tax-exempt public benefit corporation; and is the same OAKLAND PROMISE which is the subject organization that is identified in the 2018 $198 Parcel Tax ballot measure known as the Children's Initiative of 2018 also known as Measure AA, which did not receive two/thirds voter approval for passage and if this OAKLAND PROMISE is the same OAKLAND PROMISE which is part of the lawsuit RG19005204 filed by the Jobs and Housing Coalition on February 1, 2020. In September, 2020 ,the Jobs and Housing Coalition was GRANTED a summary judgment from Alameda County Superior Court that the City Council's action of December 14, 2019 stating that Measure AA had passed was VOTER FRAUD. Additionally, I requested a copy of the signature document from the authorizing Agency[The California Attorney General] verifying the Certificate of Merger between EAST BAY COLLEGE FUND and the organization known as OAKLAND PROMISE. Again, this document is unresponsive to my PRR 20-6010. In fact, the OAKLAND PROMISE identified in the City Council's Resolution 88208 CMS states in the Whereas clause is merely a name change as a result of EAST BAY COLLEGE Amending and Restating It's Articles of Incorporation on June 27, 2019. Another instance of confusion of which OAKLAND PROMISE is being referenced in City Council Resolution 88208CMS and which OAKLAND PROMISE is the recipient of the $1,150,000.00 A further review of the submitted document to my PRR 20-6010 continues to add additional confusion to the identication of which OAKLAND PROMISE is being referenced in Resolution 88208CMS 1. Organization Name. : OAKLAND PROMISE. IRS. FEIN. 54-2103707 Entity Type Public Benefit. SOS/FTB Corporation Number 2504888 1(a) The discrepancy here is that ALL of these numbers represent EAST BAY COLLEGE FUND and not OAKLAND PROMISE that is the subject matter in Council Resolution 88208CMS nor is it the same OAKLAND PROMISE identified as a component in the Jobs and Housing Coalition lawsuit RG19005204 . 2. Registry Status Current Renewal Due Expiration Date 5/15/20 RCT Registration Number 122080 Issue Date 12/31/2005 Record Type: Charity Registration Effective Date 12/31/2005 Date of this Status. 2/28/20. Date of Last Renewal. 12/31/2005 2(a) All of these dates predates the OAKLAND PROMISE whose origin date is 2015 and whose Fiscal Sponsor is the OAKLAND PUBLIC EDUCATION FUND(OPEF) Filings and Correspondence NOTE : All of the 990's represented in this section are those of EAST BAY COLLEGE FUND. Annual Renewal Data Status of Filing. Accepted Accounting Period Begin Date. 1/1/2003 Accounting Period End Date 12/31/2003 Status of Filing. Accepted Accounting Period Begin Date 1/1/2004 Accounting Period End Date 12/31/2004 Status of Filing Accepted Accounting Period Begin Date 1/1/2005 Accounting Period End Date. 12/31/2005 A temporary Cease and Desist Order is appropriate and prudent against OAKLAND PROMISE from any further solicitation and collection of donations until a determination is made regarding the legal status of OAKLAND PROMISE as a 501(c)3 nonprofit tax-exempt public benefit corporation Finally, OAKLAND PROMISE is not listed on GUIDESTAR'S website the platform for ALL nonprofits. It should be noted that both OAKLAND PUBLIC EDUCATION FUND and EAST BAY COLLEGE FUND is on GUIDESTAR'S platform. |
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