1 BARRY VAN SICKLE - BAR NO.

98645
1079 Sunrise Avenue
2 Suite B-315
3 Roseville, CA 95661
Telephone: (916) 549-8784
4 E-Mail: bvansickle@surewest.net
5 Attorney for Plaintiff
MARC HEADLEY
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 MARC HEADLEY, CASE NO. CV 09-03986 RSWL
12 (MANx)
Plaintiff,
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vs. PLAINTIFF MARC HEADLEY’S
14 DECLARATION IN SUPPORT OF
CHURCH OF SCIENTOLOGY PLAINTIFF’S MOTION FOR
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INTERNATIONAL, a corporate SUMMARY ADJUDICATION OF
16 entity, AND DOES 1 - 20 FACTS AND CONCLUSIONS OF
17 LAW PURSUANT TO F.R.C.P
Defendants. RULE 56(d)
18
19 DATE: August 11, 2009
TIME: 9:00 am
20 PLACE: Spring Street Courthouse,
21 Courtroom 21
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ASSIGNED TO THE HONORABLE
23 JUDGE RONALD S.W. LEW
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25 1) I make this declaration from personal knowledge and could
26 competently testify as set forth herein if called upon to do so.
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DECLARATION OF PLAINTIFF MARC HEADLEY
1 2) My name is Marc Headley. I was a staff member of the Church of
2 Scientology International from 1989 until January 2005.
3 3) I first joined staff in 1989 at the Association for Better Living and
4 Education International, located in Hollywood, CA. I signed an employment
5 contract stating that I would work as an employee of the Sea Organization for 1
6 billion years. I was a minor and had not finished high school.
7 4) I was informed that I would receive minimum wage as my hourly
8 pay rate, which is what I was paid for the first six months I was a staff member of
9 the Sea Organization.
10 5) After six months, I was promoted to Golden Era Productions, located
11 in Hemet, California. This is a different arm of the Church of Scientology
12 International. I was informed the rules were different for Golden Era Productions
13 and that now I would be paid $35 per week, as per Scientology directives
14 dictating pay schedules for the organization’s employees. I was required to live
15 at Golden Era.
16 6) At this point in time, I now had no other place to live, no other job,
17 no other source of income and if I left the Sea Organization I would owe money
18 for training courses I had received up until that point. In my mind, I believed that
19 I would essentially be deep in debt if I quit or decided to leave.
20 7) As a staff member, I was required to follow the issued schedule of
21 the organization I worked for. This was issued to all staff members regularly and
22 included mandated hours to get up in the morning, get transported in to work on
23 buses, eat breakfast, get accounted for at roll call or muster (regular meetings
24 throughout the day to ensure all staff are present), work hours throughout the day,
25 lunch, dinner, etc. During my work hours I was first required to make an exact list
26 of what I was going to get done that day. Failure to do so resulted in disciplinary
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DECLARATION OF PLAINTIFF MARC HEADLEY
1 action, as did failure to get those actions completed, follow the schedule, and do
2 what was required of me.
3 8) Such disciplinary actions could and did include loss of pay, loss of
4 meal privileges, loss of canteen privileges, and several times included loss of my
5 lodging, and requirement that I stay on the property full time, including sleeping
6 wherever I could find a spot near my work area or office. For several different
7 periods, I was confined to the property for months at a time.
8 9) I was required to work in order to be paid the small amount of
9 money I was paid. If I did not work, I would not be paid. Simple as that. The
10 small amount of money I did receive weekly was used to buy toilet paper, soap,
11 shampoo and deodorant etc and any other personal items I could afford with what
12 little was left over, such as snacks or cigarettes.
13 10) Early in my career (1990) I discovered that if I expressed any desire
14 to leave, I would not be allowed to leave the property and would be threatened
15 with never being allowed to talk to my family again.
16 11) If I wanted time off for ANY reason – whether it was for a doctor’s
17 appointment, a trip to see family, a day off, even time off work to make a phone
18 call to a relative, I was required to have written approval to do so. For any trip off
19 base for time off, I was required to work out and provide information of how my
20 post functions would be covered in my absence – ie. who would perform my
21 duties while I was gone, even if for only a few hours.
22 12) I was required to do the work required of me, in the manner it was
23 required of me, to the quality standards required, and meet the production targets
24 that had been set and if I failed to do so in any way, I was punished for non
25 performance.
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DECLARATION OF PLAINTIFF MARC HEADLEY
1 13) Lack of performance of duties also resulted in threats of being
2 terminated by Golden Era and assigned elsewhere, all of which carried the threat
3 of being cut off completely from my wife and family.
4 14) I was required to meet their performance demands and received a
5 “Fitness Board” to review my performance. Again here, if performance was
6 inadequate, the threat was demotion to a lower position or offload.
7 15) Church of Scientology International controlled my work
8 environment, schedule, and all other aspects of my production and my life.
9 16) My production supervisor regularly inspected my work and
10 performance, set targets and was there to ensure I met those targets. My task list
11 would be inspected at least once daily and sometimes multiple times daily and
12 each day we were required to report and graph daily progress made on task lists.
13 Not graphing or marking completed tasks daily would result in disciplinary
14 actions.
15 17) Where production targets were not being met, I was frequently
16 required to work much longer hours, including working through the night with no
17 sleep to meet those production targets.
18 18) While working at Golden Era productions I worked on producing
19 CD’s and cassettes that were sold in organizations all around the world.
20 19) I worked on the production of non-scientology related fiction audio
21 books that were sold in international public bookstores around the world. These
22 products had nothing to do with Scientology or the Sea Organization and the
23 profits from which went directly to L. Ron Hubbard and his estate or literary
24 agent, Author Services Incorporated.
25 20) I worked on the production and mass duplication of videos that were
26 used to promote fiction books. I worked on the production of CD’s and radio
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DECLARATION OF PLAINTIFF MARC HEADLEY
1 advertisements that were used to promote the sale of fiction books and fiction
2 audio books.
3 21) I worked on the production of videos and promotional materials that
4 were used to promote a fiction movie written by L Ron Hubbard.
5 22) I worked on the production and mass duplication of several fiction
6 book series that were produced on cassette tapes.
7 23) I worked on the design and installation of complex audio visual
8 systems that Golden Era Productions (a DBA of CSI) would buy the equipment
9 for at wholesale price and then sell to organizations around the world and charge
10 for them for the equipment, design & installation.
11 24) I personally designed and oversaw the fabrication, manufacturing
12 and production of over 300 “Registration Systems” for CSI. CSI charges $8,800
13 for each of these systems produced. That is $2,640,000 in income for CSI.
14 25) I personally designed and oversaw the fabrication, manufacturing
15 and production of over 500 “Film Room Systems” for CSI. CSI charges $19,000
16 for each of these systems produced. That is $9,500,000 in income for CSI.
17 26) I designed over 30 individual audio visual systems for CSI to be
18 installed in organizations around the world. These would range from a film room
19 system to a display or presentation system. In any one organization they usually
20 have one or more of these systems. The average price to outfit a single
21 organization with the systems I designed would generate $275,000 of income to
22 CSI. At over 300 organizations, the total net worth to CSI of the systems I
23 designed was well over $81,000,000.
24 27) Church of Scientology International set the pay rate for all staff and
25 that is what I was paid, as long as I produced what was required of me, and as
26 long as there were funds to pay.
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DECLARATION OF PLAINTIFF MARC HEADLEY
1 28) Work performed was for the pay given. Failure to perform the work
2 required resulted in loss of pay.
3 29) Pay was used to cover living costs – per diem expenses of food and
4 gas while I was off the property working on Golden Era projects – which was
5 frequent through the years, new uniform parts, shoes, laundry detergent, contact
6 lenses, etc.
7 30) CSI kept a personnel file with a history of every position I ever held
8 while on staff, my production statistics while on those posts and whether I
9 produced well or not, any tests I had ever taken (such as IQ), post assignments
10 etc.
11 31) They kept a legal file which contained my legal documents, such as
12 passport and birth certificate. I was not allowed to have the original or copies of
13 these documents in my possession.
14 32) They kept an ethics file which contained reports relating to my work
15 performance or lack thereof.
16 33) They kept a data file which contained reports of post performance,
17 particularly in relation to the executive positions I held while there.
18 34) They kept a treasury file of my payroll records, taxes withheld, and
19 the weeks I was paid or not paid and whether the lack of pay was due to non
20 performance or no money available to cover staff payroll.
21 35) I worked on average of 100 hours per week for the entire time I was
22 employed by CSI. The total amount of wages that I was paid over this time period
23 was $29,727. This is an average of 39 cents per hour for the hours worked. This
24 does not take into account the thousands of hours that I worked beyond the 100
25 hour per week standard work schedule.
26 36) While working for CSI I could be called to work at any point during
27 the day or night and was so called on many occasions. Frequently, I was gotten
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DECLARATION OF PLAINTIFF MARC HEADLEY
1 out of bed in the middle of the night, interrupted during a meal break, ordered to
2 come in early each day or stay many hours late at night. These were a normal
3 occurrence. If I refused for any reason, I would be subject to disciplinary
4 procedures and most definitely docked the little pay I was receiving weekly.
5 37) During my employment for CSI, I had no other source of income and
6 was dependant on what little money I was getting to afford basic living supplies.
7 I was dependent upon my work for CSI for a place to sleep and food to eat.
8 38) When I did leave in January 2005, I was chased by three different
9 vehicles in an effort to get me to return to the CSI property and only with the
10 involvement of the Riverside County Sheriff’s department was I able to get away
11 and not forced to return to the property.
12 39) When I finally did leave and quit working for CSI, I was mailed a
13 hard copy billing statement from CSI totaling $62,926. This was for my
14 “Freeloader Bill”. After working there for 15 years and making a total of $29,727,
15 I was billed more than twice that much and they said that I was in debt to them.
16 40) On at least 3 occasions I was contacted by phone and asked how I
17 would be paying off my debt to them after my 15 years of working for them. This
18 was one of the required steps for me to be able to get in touch with my family
19 again.
20 41) More than 3 years later, I still have not been able to speak with any
21 of my family or anyone involved in scientology.
22 42) Before this case was removed to federal court, I was deposed for two
23 days by one of Scientology’s in-house lawyers and had to respond to over 50
24 document request, most of which had nothing to do with the time period I worked
25 for Scientology.
26 43) When I worked for CSI, they would periodically require that I sign
27 “contracts”. The practice at CSI was to make employees sign papers but not give
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DECLARATION OF PLAINTIFF MARC HEADLEY
1 the workers copies of what they were required to sign. I was not allowed to have
2 copies of whatever I was required to sign.
3 I declare under penalty of perjury under the laws of California and the United
4 States of America that the foregoing is true and correct. Executed on July 7, 2009
5 in Los Angeles County, California.
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Marc Headley
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DECLARATION OF PLAINTIFF MARC HEADLEY