Letter to da re: east bay college fund amended articles of incorporation and name change june 27, 2019 to oakland promise

 ​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.