PAM TOMLINSON’S DEPOSITION IN THE RIVERS’ CASE

· PAM TOMLINSON,
·3· ·acknowledged having been first duly sworn to tell the
·4· ·truth, and testified upon her oath as follows:
·5· · · · · THE WITNESS:· I do.
·6· · · · · · · · · · · ·DIRECT EXAMINATION
·7· ·BY MR. LARKIN:
·8· · ·Q· ·Ms. Tomlinson, we met briefly off the record
·9· ·prior to this interview beginning.· My name is Robert
10· ·Larkin.· I’m an attorney in Tallahassee, Florida, and
11· ·I’ve been retained by the Town of White Springs to
12· ·assist Mr. Koberlein in conducting an investigation
13· ·into some allegations that Ms. Anita Rivers has made
14· ·against Ms. Stacy Tebo and, to some extent, against
15· ·yourself.
16· · · A· ·Uh-huh.
17· · · Q· ·And basically all I’m trying to do is find out
18· ·what, if anything — or what your knowledge is of those
19· ·allegations and to some extent your side of the story,
20· ·if you will.· If at any point in time in this interview
21· ·you need to take a break, just let me know and we can
22· ·go off the record and take a break.
23· · · A· ·Sure.
24· · · Q· ·If you have any questions for me — this is not

25· ·a deposition.· So, you know, obviously to the extent

·that I can answer the question, I certainly will try
·2· ·to.· And, you know if I ask a question that you don’t
·3· ·understand or it’s convoluted or confusing, and
·4· ·sometimes I switch people’s names around and things
·5· ·like that, just let me know.· I’ll be happy to rephrase
·6· ·it so that, you know, when you answer the question,
·7· ·you’re understanding, I guess to the extent that it
·8· ·could be understood, what I’m asking.
·9· · · A· ·Okay.
10· · · Q· ·Could you state your full name for the record,
11· ·please?
12· · · A· ·My name, my full name is Pamela Diane Mcintosh
13· ·Tomlinson.
14· · · Q· ·Okay.· I’m going to just refer to you as
15· ·Ms. Tomlinson.
16· · · A· ·Please do.
17· · · Q· ·All right.· And where are you employed?
18· · · A· ·The Town of White Springs.
19· · · Q· ·And how long have you been employed there?
20· · · A· ·I have been employed — July will be 17 years.
21· · · Q· ·So you started roughly July of 2000?
22· · · A· ·Exactly.
23· · · Q· ·All right.· And what is your position?
24· · · A· ·My current position is town clerk and finance
25· ·director.

 

1· · · Q· ·And I guess those are two separate and distinct
·2· ·positions, right?
·3· · · A· ·They were.· They were.
·4· · · Q· ·But they have been merged?
·5· · · A· ·That is correct.· That occurred in 2014.· The
·6· ·former town clerk retired.
·7· · · Q· ·And you subsumed or took over her duties?
·8· · · A· ·Yeah.· For budget restraints, they combined the
·9· ·two positions at that point, and they elected to hire
10· ·Ms. Rivers to come and fulfill some of the duties of
11· ·the town clerk, also be the cashier, administrative
12· ·assistant.
13· · · Q· ·Who was the town manager at that point in time?
14· · · A· ·Robert Farley.
15· · · Q· ·Okay.· And, I guess, who was the former clerk
16· ·that retired?
17· · · A· ·Shirley Heath.· She had been there for 18 years.
18· · · Q· ·Prior to Ms. Heath retiring, were you just the
19· ·finance director?
20· · · A· ·I was.
21· · · Q· ·And when I say “just,” I know that that entails
22· ·a lot of work.
23· · · A· ·I understand.
24· · · Q· ·But that was separate than what you are doing
25· ·now.· And so you had Ms. Heath, who was the town c
·You were the finance director.· Bob Farley, Robert
·2· ·Farley was the town manager?
·3· · · A· ·Correct.
·4· · · Q· ·All right.· What are some of your duties as
·5· ·finance director?
·6· · · A· ·Well, it’s a vast number of things.· I do
·7· ·payroll.· I do monthly reconciliations of the bank
·8· ·accounts.· I perform journal entries and maintain
·9· ·monthly financial reports for the town council,
10· ·accounts payable, accounts receivable.
11· · · Q· ·Does that encompass things like sewer, garbage,
12· ·and things of that nature, the services that are
13· ·provided by the town?
14· · · A· ·Well, we use separate programs, technically, for
15· ·the utilities.· It was a program that was — we
16· ·converted to in 2014.· It was approximately 2014 that
17· ·we converted.· My primary job — well, Anita’s position
18· ·is to be customer service, to take payments for the
19· ·customers, to do the daily closeouts for the utility
20· ·customers.
21· · · Q· ·Did you have any role in creating her position?
22· · · A· ·Did I have a role in it?
23· · · Q· ·Yeah.
24· · · A· ·I was involved in the interview process whenever

25· ·we had interviewed several applicants for

position.
·2· · · Q· ·Did you have any role in the creation of it, or
·3· ·did Bob Farley —
·4· · · A· ·Mr. Farley did that.
·5· · · Q· ·Did he ever come and talk to you about, “Listen,
·6· ·I’m thinking of creating this new position now that the
·7· ·town clerk has left.· Can you help me figure out what
·8· ·this position might do?”
·9· · · A· ·The only thing that I recall, and I should have
10· ·brought it with me, was Shirley had always — had
11· ·listed some of her responsibilities.· And with that, he
12· ·kind of earmarked things that Anita would be
13· ·responsible for and I would be responsible for.
14· · · · · Some of it — with me having two jobs, and the
15· ·finance position took the majority of my time and it
16· ·still does, I would — it’s a requirement that I attend
17· ·all council meetings and take notes.· Anita would type
18· ·those minutes out, and that was one of her jobs, you
19· ·know, the filing part of it.· She would be responsible
20· ·for answering the phone, waiting on customers.· And I
21· ·relieve her during the time she’s on break or when she
22· ·may be out for the day.
23· · · Q· ·Did you know Anita Rivers before she came to
24· ·work at the Town of White Springs?
25· · · A· ·Personally know her, no.· I had known and
·her and she had worked for the HOPE Program, which was
·2· ·an after-school program that the town was somewhat
·3· ·involved in.
·4· · · Q· ·Apart from just that general knowledge of her,
·5· ·did you know her personally?
·6· · · A· ·No, I did not know her.
·7· · · Q· ·Is there a description for her position
·8· ·outlining what her duties are?
·9· · · A· ·There was one that Mr. Farley had put in the
10· ·paper.
11· · · Q· ·Is it like a —
12· · · A· ·Not that I’m aware of.· To a degree, yes; but,
13· ·no.
14· · · Q· ·All right.· When you say the one that was put in
15· ·the paper, is that like the position vacancy
16· ·announcement?
17· · · A· ·Yes.
18· · · Q· ·And have you ever seen a document — and I don’t
19· ·know that I have it with me, but —
20· · · A· ·That it outlines our duties, certainly I have.
21· · · Q· ·And next to the particular duties, there would
22· ·be initials like A.R. and then maybe P.T or P. written
23· ·by Mr. Farley where he has indicated that this is a
24· ·duty that Ms. Rivers is going to do, and this is a duty

25· ·that you’re going to

1· · · A· ·That was the paper I was referring to.
·2· · · Q· ·That’s what you were referring to?
·3· · · A· ·Yes.
·4· · · Q· ·Okay.· I believe I’ve seen that paper and it
·5· ·very well may be a part of our exhibits, but it’s not
·6· ·significant to the interview.· I was just trying to
·7· ·make sure that I clarified that.· So in 2014, it sounds
·8· ·like your position expanded significantly?
·9· · · A· ·Yes, it did.
10· · · Q· ·Did that come with a pay increase for you?
11· · · A· ·Very minimal.
12· · · Q· ·Okay.
13· · · A· ·Again, it was due to budget restraints and we
14· ·voted to go that route.
15· · · Q· ·And you mentioned that you were involved in the
16· ·interview process for Ms. Rivers.
17· · · A· ·Well, I sat in, yes.
18· · · Q· ·Did you participate in interviewing any of the
19· ·candidates for that job?
20· · · A· ·He primarily asked all the questions.
21· · · Q· ·You were present, though, when he did?
22· · · A· ·Yes.
23· · · Q· ·Were you permitted to ask any questions?
24· · · A· ·Yeah.
25· · · Q· ·Other than you and Mr. Farley, was there anybody

 

·else who participated in the hiring of Mr. Rivers’
·2· ·position?
·3· · · A· ·Not that I’m — no.
·4· · · Q· ·And how many people did you interview?
·5· · · A· ·Three.
·6· · · Q· ·At the conclusion of the interviews, was there a
·7· ·recommendation that was made by you and/or Mr. Farley?
·8· · · A· ·Well, he saw different attributes in the three
·9· ·applicants than I did.· Yeah, I expressed to him how I
10· ·felt they ranked.
11· · · Q· ·Okay.· Did you or Mr. Farley rank Ms. Rivers as
12· ·first?
13· · · A· ·He did.
14· · · Q· ·He did.· And, I guess, you had her second or
15· ·third?
16· · · A· ·Well, actually, I had her as number one.· It was
17· ·number two and number three …
18· · · Q· ·That’s where the difference was?
19· · · A· ·Uh-huh.
20· · · Q· ·I see.· So you unanimously agreed that she was
21· ·the top candidate?
22· · · A· ·Yeah.· Yes.
23· · · Q· ·And do you know whether — did Mr. Farley value
24· ·your opinion?· I mean, did he tell you “I want your
25· ·input”?

 

A· ·Well, I can’t speak for him.· I don’t know that
·2· ·he valued — I don’t know.
·3· · · Q· ·Did he ever tell you “I want your opinion,” you
·4· ·know, “I want you to rank these candidates”?
·5· · · A· ·That particular conversation I do not recall,
·6· ·but he must have or I just provided it to him whether
·7· ·he wanted my input or not.· But I’m thinking, yes, he
·8· ·did question me on that or otherwise I would not have
·9· ·been involved with the interview.
10· · · Q· ·So then Ms. Rivers comes to work at the Town
11· ·of White Springs.· And as I appreciate it, you and
12· ·Ms. Rivers both work in the town hall, the building.
13· · · A· ·Correct.
14· · · Q· ·You have an office; is that right?
15· · · A· ·Correct.
16· · · Q· ·And then she is out in sort of the center?
17· · · A· ·Correct.
18· · · Q· ·And it’s an open space around her?
19· · · A· ·Correct.
20· · · Q· ·But you and her have the ability to communicate
21· ·orally in the office without picking up the phone or
22· ·sending an email?
23· · · A· ·Yes.
24· · · Q· ·So you can speak back and forth?

25· · · A· ·Correct.

1· · · Q· ·In the —
·2· · · A· ·And so does the town manager.· Her office is
·3· ·right adjacent to us.
·4· · · Q· ·So the three of you —
·5· · · A· ·We’re all right there, yeah.
·6· · · Q· ·So when Mr. Farley was there — and, I guess,
·7· ·Mr. Farley since has left, and there was an interim
·8· ·town manager after Mr. Farley named —
·9· · · A· ·That was the former town clerk, Shirley Heath.
10· · · Q· ·Okay.· Shirley Heath became the town manager?
11· · · A· ·An interim town manager, that is correct.
12· · · Q· ·Okay.· Then Bill Lawrence became the town
13· ·manager?
14· · · A· ·Correct.
15· · · Q· ·And then now we have Stacy Tebo?
16· · · A· ·Correct.
17· · · Q· ·Okay.· And the town managers are hired by the
18· ·city council; is that right?
19· · · A· ·Correct.
20· · · Q· ·How long do you recall you and Mr. Farley and
21· ·Ms. Rivers working together before Mr. Farley left?
22· · · A· ·What did you say?· How long I recall us working
23· ·before Mr. Farley got there?
24· · · Q· ·No.· Before he left.· Because I know —
25· · · A· ·I want to just say — you’re asking about

 

·Rivers, myself and Mr. Farley?
·2· · · Q· ·Yeah.
·3· · · A· ·I want to say probably five or six months before
·4· ·he left.· I think it was May when he left in 2014, I’m
·5· ·thinking.· And I could be wrong, but I’m thinking it
·6· ·was in that time frame.
·7· · · Q· ·And that’s when Ms. Heath was also there and she
·8· ·became the interim while they looked for a new town
·9· ·manager?
10· · · A· ·That is correct.
11· · · Q· ·And how long was Ms. Heath the interim?
12· · · A· ·You know, I may have — time has run together.
13· ·It’s going too quickly.· I’m trying to think if Ms.
14· ·Tebo — I’m not sure — let me rephrase this.
15· · · · · I’m not so sure if Ms. Heath stepped in for that
16· ·period.· It could have been that they …
17· · · Q· ·Okay.· And just so I —
18· · · A· ·I’ve got my times — I know that Ms. Heath was
19· ·in place before Ms. Tebo came.
20· · · Q· ·Right.· So it could have been after
21· ·Mr. Lawrence?
22· · · A· ·Yes, it could have been.· I’m sorry.
23· · · Q· ·Okay.· And just so you know, that is not a
24· ·significant issue in the investigation.· I’m just

25· ·trying to get, I guess, the chronological order as

·close as I can.
·2· · · A· ·I can tell you there have been four town
·3· ·managers since 2014.
·4· · · Q· ·Okay.· Now, how would you describe your
·5· ·relationship with Ms. Rivers?
·6· · · A· ·Fine.
·7· · · Q· ·Have you guys ever had any arguments or any
·8· ·disagreements?
·9· · · A· ·Oh, I think none of — significant arguments,
10· ·no.
11· · · Q· ·Do you know whether she’s filed any complaints
12· ·about you?
13· · · A· ·About me?
14· · · Q· ·Yes, ma’am.
15· · · A· ·Written complaints or verbal complaints or —
16· · · Q· ·Either?
17· · · A· ·Pardon.
18· · · Q· ·Either.· Well, let me ask it a different way.
19· ·Do you know whether she ever complained to
20· ·Mr. Farley about your treatment of her?
21· · · A· ·Knowing her, probably so.
22· · · Q· ·Okay.· Why do you say that?
23· · · A· ·I guess there was probably — more so probably
24· ·to Mr. Lawrence that I can think of.
25· · · Q· ·Okay.

 

1· · · A· ·Whether she complained to Mr. Farley, I do not
·2· ·know.
·3· · · Q· ·With respect to Mr. Lawrence, do you know
·4· ·whether she did or she didn’t, or are you just
·5· ·speculating?
·6· · · A· ·I’m somewhat speculating.· Well, it initiated
·7· ·with Mr. Farley for some reason.· As I stated, I had
·8· ·accepted the position of town clerk as well as finance
·9· ·director.· Of course, I was very unfamiliar with the
10· ·clerk’s duties because Shirley did her job and I did my
11· ·job.
12· · · · · There was some training that goes with the town
13· ·clerk position and that includes attending the training
14· ·to become a CMC, Certified Municipal Clerk.· And
15· ·there’s a lot more to a clerk than anyone really
16· ·realizes, more so than I realized.· Anita had put in to
17· ·go to the clerk conference, which I had never attended
18· ·one myself.
19· · · · · And I was unsure why, and I approached
20· ·Mr. Farley as to why.· And he said she needed the
21· ·training.· And I’m thinking I’m in this position. I
22· ·have never went to training, so why are you providing
23· ·it for her?· But nonetheless, she went to that
24· ·training, and there was — and that was pretty much it.
25· · · · · And then with Mr. Farley, she put in for it

 

·again.· And I told him I needed the training.· Since
·2· ·I’m holding that position, I needed the training.
·3· · · Q· ·Okay.· And is it your understanding that since
·4· ·you kind of stepped in, maybe with respect to the
·5· ·second training, that upset or, I guess, created an
·6· ·issue where Ms. Rivers complained about it?
·7· · · A· ·Well, I just spoke my opinion on that and I left
·8· ·it at that.
·9· · · Q· ·Did you get to go to the second training?
10· · · A· ·I certainly did and I’ve attended them ever
11· ·since because I’m in that position.· I need the
12· ·training.
13· · · Q· ·All right.· Do you know whether Ms. Rivers has
14· ·continued to apply to go to that training?
15· · · A· ·I do not know.
16· · · Q· ·Were you in charge of who got sent to the
17· ·training or was up to the town manager?
18· · · A· ·That’s the manager’s decision.
19· · · Q· ·And so you mentioned earlier that it may have
20· ·been something that started with Mr. Farley?
21· · · A· ·Yes.
22· · · Q· ·But it may have culminated in a complaint to
23· ·Mr. Lawrence, and is this what you were referring to,
24· ·this clerk training issue?

25· · · A· ·That is correct.

Q· ·Has Ms. Rivers ever come to you about this clerk
·2· ·training issue and expressed any, I guess, feelings
·3· ·about you going and not her?
·4· · · A· ·Not that I recall.
·5· · · Q· ·Have you ever had any disagreements or arguments
·6· ·about —
·7· · · A· ·About the training?
·8· · · Q· ·Yes, ma’am.
·9· · · A· ·No.
10· · · Q· ·Okay.· Now, I guess you mentioned that it might
11· ·have been something that resulted in a complaint by
12· ·Ms. Rivers to Mr. Lawrence.· Did —
13· · · A· ·Well, she approached him about going.
14· · · Q· ·Okay.· And do you know —
15· · · A· ·Well —
16· · · Q· ·Go ahead.
17· · · A· ·Go ahead.
18· · · Q· ·Did Mr. Lawrence ever come to you and talk with
19· ·you about any complaint he was receiving from
20· ·Ms. Rivers?
21· · · A· ·No.
22· · · Q· ·But you know that Ms. Rivers approached
23· ·Mr. Lawrence about attending the training?
24· · · A· ·Correct.

25· · · Q· ·How do you know that?

Q· ·Has Ms. Rivers ever come to you about this clerk
·2· ·training issue and expressed any, I guess, feelings
·3· ·about you going and not her?
·4· · · A· ·Not that I recall.
·5· · · Q· ·Have you ever had any disagreements or arguments
·6· ·about —
·7· · · A· ·About the training?
·8· · · Q· ·Yes, ma’am.
·9· · · A· ·No.
10· · · Q· ·Okay.· Now, I guess you mentioned that it might
11· ·have been something that resulted in a complaint by
12· ·Ms. Rivers to Mr. Lawrence.· Did —
13· · · A· ·Well, she approached him about going.
14· · · Q· ·Okay.· And do you know —
15· · · A· ·Well —
16· · · Q· ·Go ahead.
17· · · A· ·Go ahead.
18· · · Q· ·Did Mr. Lawrence ever come to you and talk with
19· ·you about any complaint he was receiving from
20· ·Ms. Rivers?
21· · · A· ·No.
22· · · Q· ·But you know that Ms. Rivers approached
23· ·Mr. Lawrence about attending the training?
24· · · A· ·Correct.
25· · · Q· ·How do you know that?

 

·1· · · A· ·I’m trying to think.· I had seen some paperwork
·2· ·on it.· I think he had provided me some paperwork on it
·3· ·for training and because most of the fees have to be
·4· ·paid up front and so being our accounts payable, I
·5· ·received the documentation.· And I saw that before I
·6· ·could even have an opportunity to go on and enroll for
·7· ·the conference, she had already done so.· And, yes, I
·8· ·went to Mr. Lawrence.
·9· · · Q· ·Do you recall going to Mr. Farley more than once
10· ·about the training or was it just once?
11· · · A· ·Probably just once.
12· · · Q· ·So the first training was the one that
13· ·Ms. Rivers went to?
14· · · A· ·Yes.
15· · · Q· ·And then the next time —
16· · · A· ·That was under Mr. Farley.
17· · · Q· ·Okay.· And then the next time it comes up is
18· ·under Mr. Lawrence?
19· · · A· ·Right.· It’s held twice a year.· The training
20· ·conference is held twice a year.
21· · · Q· ·I see.· And it’s out of town and it’s some state
22· ·conference that —
23· · · A· ·Yes.· It’s where all the municipal clerks in
24· ·Florida all go.
25· · · Q· ·Okay.· Have you attended every one of them since

 

·that first one?
·2· · · A· ·I have except one.
·3· · · Q· ·And did —
·4· · · A· ·It was due to illness and I couldn’t go at that
·5· ·time.
·6· · · Q· ·I see.· And you’re the person who’s in charge of
·7· ·the accounts payable.· So when Ms. Rivers put in her
·8· ·request to go, obviously there’s some costs associated
·9· ·with that that comes to your desk for approval; and
10· ·that’s what alerted your attention to it and you went
11· ·to Mr. Lawrence?
12· · · A· ·Yeah, and before I had an opportunity to go and
13· ·enroll.
14· · · Q· ·And from that day to this day, you haven’t had
15· ·any conversations with Ms. Rivers about her attending
16· ·or you attending and it’s just been —
17· · · A· ·No.· It’s just — no.
18· · · Q· ·Other than that particular issue with the clerk
19· ·training conferences, do you know whether Ms. Rivers
20· ·ever complained to either Mr. Farley or Mr. Lawrence
21· ·about you in any way?
22· · · A· ·No.
23· · · Q· ·I’m going to show you this.· This is an exhibit
24· ·that was made part of Ms. Rivers’ interview.· It’s a
25· ·stack of documents that are entitled “Pam,” and I guess

 

·these are some of the emails and things that pertain to
·2· ·you that she possessed.· And one of them is this email
·3· ·right here.
·4· · · · · And I don’t know if you’ve ever seen it before.
·5· ·It’s not copied to you.· It’s from Ms. Rivers to
·6· ·Ms. Tebo, dated back on July 27th of 2016 at 1:24 in
·7· ·the afternoon.· And it says, “Subject:· Formal
·8· ·Complaint.”· And if you’d like to take a minute or two
·9· ·to read that.
10· · · A· ·I’ve not seen this.
11· · · Q· ·Would you like to read it?
12· · · A· ·If I could.
13· · · Q· ·Yes, ma’am.
14· · · · · MR. LARKIN:· We can go off the record while
15· · · she’s reading that.
16· · · · · (Recess taken.)
17· · · · · THE WITNESS:· I don’t know that I necessarily
18· · · agree with all this.
19· ·BY MR. LARKIN:
20· · · Q· ·I was assuming that you probably didn’t.· So
21· ·have you ever seen this document before?
22· · · A· ·I’ve never seen it before.
23· · · Q· ·Has Ms. Tebo ever informed you that Ms. Rivers
24· ·was making a formal complaint against you?

25· · · A· ·No.

Q· ·No.· Has Ms. Tebo ever talked with you about
·2· ·some of the issues that are contained in this document?
·3· · · A· ·No.
·4· · · Q· ·Okay.· Now, in this document — and I’m just
·5· ·going to kind of narrow it down — it sounds like there
·6· ·was maybe an exchange between you and Ms. Rivers, at
·7· ·least this is what Ms. Rivers is alleging.· I’m not
·8· ·suggesting it’s true.· I’m just saying that this seems
·9· ·to be the first part of this document is an exchange
10· ·between you and her concerning, I guess, a close out of
11· ·a double charge for a customer of the city.
12· · · · · And in this exchange, evidently, she claims that
13· ·you made the statement to her, which she puts in all
14· ·caps, and indicates that you yelled it at her, “That is
15· ·your damn job.”
16· · · A· ·Okay.
17· · · Q· ·Is there any truth to that?
18· · · A· ·Partial truth to that.
19· · · Q· ·And can you —
20· · · A· ·And if I could, I’d like to explain my issue on
21· ·this.
22· · · Q· ·Absolutely, absolutely.
23· · · A· ·Again, her responsibility is to wait on the
24· ·customers, take payments for the customers, do the
25· ·total daily close out.· And many times I wi

 

·1· ·because I have a separate accounting software, I have
·2· ·to enter those payments into our accounting software.
·3· ·And it’s just kind of double work and we hope to
·4· ·improve that.
·5· · · · · This is not the first time that she’s ever told
·6· ·me that.· But when I’ve gone back to her to confront
·7· ·her about a payment issue, I have heard it numerous
·8· ·times, “That’s not my job.”· Okay.· Well, my thinking
·9· ·is, yes, it is.· You’re taking the payment.· That is
10· ·part of your job to make sure it’s — because it’s not
11· ·balancing on my end.
12· · · Q· ·So she’s taking this payment or these payments
13· ·– and if I understand correctly, customers come in or
14· ·citizens come in and make —
15· · · A· ·Make their utility payments.
16· · · Q· ·Okay.· And then she is to take that payment and
17· ·do what with it?
18· · · A· ·And what do I do with them?
19· · · Q· ·No, ma’am.· What is Ms. Rivers supposed to do
20· ·with the payment when she receives it?
21· · · A· ·Well, she prints them out a receipt.· At the end
22· ·of the day, she will close her books out with the IMS
23· ·software.
24· · · Q· ·Is she supposed to get into the city’s utility
25· ·software and credit for that particular customer

 A· ·Yes, she is.

·2· · · Q· ·– for that payment?
·3· · · A· ·Yes, she is.
·4· · · Q· ·So that customer does not have his or her
·5· ·utilities turned off?
·6· · · A· ·That is correct.
·7· · · Q· ·And you then learn of that payment through what,
·8· ·through the end of the day when —
·9· · · A· ·Well, again, because we’re in different
10· ·accounting softwares, I enter it into my accounting
11· ·software and I’m trying to balance it out or when I try
12· ·to reconcile it, it’s not balancing out, and you have
13· ·too much payment in there.
14· · · · · And I probably did — you know, that was kind of
15· ·the last straw when you tell me so many times,· “It’s
16· ·not my job to do that.”· Well, yes, it is.
17· · · Q· ·So you at some point in this conversation when
18· ·she says you said “That is your damn job,” did you say
19· ·that to her?
20· · · A· ·I did.
21· · · Q· ·Okay.· Were you raising your voice or —
22· · · A· ·Raising it just like I’m doing right now.
23· · · Q· ·All right.· And for the record, you’re not
24· ·raising your voice right now.· Those types of things
25· ·translate very strangely on the record.

 

· Okay.· So you admit to making the statement and
·2· ·it sounds like to me that —
·3· · · A· ·I did.· It was uncalled for.· I did lose it,
·4· ·yes, I did at that particular moment.· And I was wrong
·5· ·when I stated it, and I think I went back and I said I
·6· ·was wrong.
·7· · · Q· ·Now, she indicates that, I guess, not too long
·8· ·after that —
·9· · · A· ·And I wasn’t throwing papers.· Why would I throw
10· ·papers around my office?· Goodness.
11· · · Q· ·These were the documents, these two, they’re
12· ·part of a group.· If you look at the bottom, she’s got
13· ·a time entry and some handwriting.· These are the
14· ·documents that you allegedly threw into her —
15· · · A· ·That was it.· Well, I didn’t.· I put them in her
16· ·box.· I probably did like that (indicating).· And I
17· ·said, “This is the reason you’re not balancing out.”
18· · · Q· ·Okay.· And when you say you did like that, you
19· ·just sort of dropped them on the top?
20· · · A· ·I didn’t — I didn’t chunk them.· I’m not that
21· ·– I mean, I probably dropped them in her box, I did.
22· · · Q· ·Okay.· All right.· So when all of this happens,
23· ·when you tell her that “That is your damn job,” and
24· ·then you later come back and give her the documents
25· ·that· indicate how she’s going to rectify it, does she

 

·1· ·have any response to you?
·2· · · A· ·No.
·3· · · Q· ·Was there any raising of voices?
·4· · · A· ·At that particular — no, none that I recall.
·5· · · Q· ·Okay.· Do you know whether there was any
·6· ·witnesses to any of this?
·7· · · A· ·No.
·8· · · Q· ·Did Ms. Rivers become emotional at all to your
·9· ·knowledge?
10· · · A· ·No.
11· · · Q· ·She indicates also in here that she tries to
12· ·tell you that, I guess, that you don’t have the time to
13· ·do these things because of your other duties, but you
14· ·would cut her off and say “Whatever, whatever,
15· ·whatever” every time she would say something.· It’s
16· ·basically the third — or the fifth paragraph down in
17· ·here where she indicates that you say the word
18· ·”whatever” and repeatedly cut her off.· Do you recall
19· ·any of that happening?
20· · · A· ·I do not recall it.
21· · · Q· ·All right.· Now, other than this word “damn” —
22· · · A· ·And I try not to use profanity.
23· · · Q· ·Okay.· Well, that was my question.· Have you
24· ·used — and I’m not going to say that that’s a profane
25· ·term or not.· It’s
ee.· That’s my famous one.
·9· · · Q· ·Fiddle-dee-dee?
10· · · A· ·Fiddle-dee-dee.· You know, Scarlett O’Hara?
11· · · Q· ·Oh, I see.· Okay.· Fiddle-dee-dee.· Anything
12· ·else besides Fiddle-dee-dee?
13· · · A· ·Dagnabbit.
14· · · Q· ·We’re probably going to have to get some
15· ·spellings on it.· Okay.· So —
16· · · A· ·Don’t ask me.
17· · · Q· ·All right.· So this document is dated, I guess,
18· ·back on July 27th of 2016.· So last year, in the middle
19· ·of last year, from that day until this day, have you
20· ·and Ms. Rivers, to your knowledge, had any more issues
21· ·that sort of resulted in maybe you becoming — and I’m
22· ·not trying to suggest what your actions were, but —
23· · · · · Well, let me ask it in a different way.· Is it
24· ·fair to say that you were somewhat frustrated with

25· ·Ms. Rivers at this point in time when you made that

·1· ·statement to her?
·2· · · A· ·That I was somewhat flustrated (as spoken) with
·3· ·her?
·4· · · Q· ·Frustrated with her?
·5· · · A· ·Yeah.· I mean, you tell me, “It’s not my job.”
·6· · · Q· ·Have you become, I guess, frustrated with
·7· ·Ms. Rivers from July 27th of 2016, to this date?· Has
·8· ·there been any other interactions between you and her?
·9· · · A· ·We have very limited conversation.· The only
10· ·other incident that I can recall just transpired a few
11· ·weeks ago and I must kind of relay the story to you.
12· ·It was during a time that she was off on a Thursday and
13· ·Friday.· I can’t give you the exact date.
14· · · · ·During that time it was cut-off period.· Well, I
15· ·had the auditor — because each year the town has to go
16· ·through a financial audit.· And I had the auditor there
17· ·that day.· It was also the weekend of the Azalea
18· ·Festival.· Therefore, you had vendors coming in as well
19· ·as call in.· She had taken that time off, and I was
20· ·unable — it was on the 15th of the month and I was
21· ·unable to do cut offs.
22· · · · ·So she didn’t approach me about it on Monday. I
23· ·think it was like Thursday or Friday she came to me and
24· ·said, “You didn’t do cut offs.”· And I said, “No.” I

25· ·said, “I had the auditor here,” which I was pulling

·1· ·documents for him.· And I also had the Azalea Festival
·2· ·vendors coming in.
·3· · · · · And I just tried to relay to her that, you know,
·4· ·I tried to get my duties done, you know, prior to me
·5· ·taking off or adjust my schedule where they — if it
·6· ·falls within that time frame, I can’t take them off.
·7· ·That’s not the wording that I wanted to relay to you.
·8· ·I adjust my schedule accordingly to what my
·9· ·responsibility are at that point and that’s pretty much
10· ·all I said.· She didn’t like it.
11· · · Q· ·All right.· So this had to do with the auditor
12· ·Ken Williams?
13· · · A· ·Ken Daniels.
14· · · Q· ·Ken Daniels.· That’s right.· So Mr. Daniels is
15· ·there and you’re interacting with him and so
16· ·consequently —
17· · · A· ·Yes.· When he’s there, it’s constantly pulling
18· ·documents.· And you try and pull them prior or in
19· ·advance, but there are other documents that he needs
20· ·while he’s there or he’s asking me questions about.· So
21· ·I was somewhat involved in that.
22· · · Q· ·All right.· Now, you mentioned that, I guess,
23· ·you made some statements to her about cutting off
24· ·people and not being able to —
25· · · A· ·No.· She approached me, “Did I do the cut offs?”

 

·1· ·and I said, “No, I didn’t.”
·2· · · Q· ·And the cut offs would be the utilities?
·3· · · A· ·It would — when I — let me reword that. I
·4· ·said cut off.· I meant late fee.· If customers do not
·5· ·pay by the 15th of the month, a late fee is assessed
·6· ·and added to their account, and I was not able to do
·7· ·that.
·8· · · Q· ·All right.· I see.· And was that your job to do
·9· ·or was that —
10· · · A· ·No.· It was her job.
11· · · Q· ·Her job.· But she was out those days.
12· · · A· ·Uh-huh.
13· · · Q· ·And so she came to you and asked you if you did
14· ·them?
15· · · A· ·Well, you asked me four or five days later if I
16· ·done it (as spoken).· You can look at the account and
17· ·see that they were not added.
18· · · Q· ·Okay.· Then when you told her that you were
19· ·interacting with the auditor and the Azalea Festival,
20· ·you said she did not like that response?
21· · · A· ·Oh, no.· I could tell she didn’t like it.
22· · · Q· ·Did she say anything?
23· · · A· ·She might have made a statement.· What she said,
24· ·I do not recall.
25· · · Q· ·Okay.· Have you ever gone and complained to

 

 anybody about Ms. Rivers?

·2· · · A· ·No.
·3· · · Q· ·Now, one of Ms. Rivers’ allegations is that
·4· ·there is a — I guess, that she is being excluded from
·5· ·communications, that people are not talking to her or
·6· ·not returning her phone calls, sort of dismissing some
·7· ·of her requests without responding to them, something
·8· ·along that line.· Have you ever witnessed a situation
·9· ·where Ms. Rivers has asked a question, and you or
10· ·Ms. Tebo or somebody has not responded to it?
11· · · A· ·I am trying to think of a particular situation.
12· ·She mentioned — I have voting going on right now, or
13· ·I have an election that is going to be held tomorrow
14· ·for two council seats.· And she had mentioned to me
15· ·about early voting, that she could do that.
16· · · · · Well, I didn’t respond to her right then.· And
17· ·when I went to go respond to her, she was on the phone.
18· ·But I wanted to go to our supervisor of elections and
19· ·make certain that was the appropriate thing to do.· We
20· ·have a citizen in town that really gives each employee
21· ·a hard time, and Fred, including Mr. Koberlein.· And I
22· ·just wanted to make sure that everything is done
23· ·properly.
24· · · · · Well, I want to make sure that everything is
25· ·done properly anyway.· And she sent me an email

 

·1· ·specifying that I did not respond to her.· And I
·2· ·explained to her that she was on the phone and that I
·3· ·wanted to talk to the supervisor of elections before I
·4· ·gave her an answer to see what was necessary and if
·5· ·indeed she could do the absentee voting.
·6· · · Q· ·Did you ever get a response from the supervisor
·7· ·of elections?
·8· · · A· ·I did.· I did.
·9· · · Q· ·And what did he or she say?
10· · · A· ·And it’s pretty much that Ms. Tebo has gone
11· ·through the same certification and that it’s best that
12· ·she does the absentee voting.
13· · · Q· ·Okay.· And did you communicate that with
14· ·Ms. Rivers?
15· · · A· ·I did this morning because that all occurred
16· ·like on Friday afternoon.
17· · · Q· ·Yeah.· Have you ever witnessed — let me ask it
18· ·a different way.· Do you know who Andrew Greene is?
19· · · A· ·I didn’t hear what you said.
20· · · Q· ·Do you know who Andrew Greene is?
21· · · A· ·Sure, I do.· He’s our utilities director.
22· · · Q· ·Okay.· Have you ever heard of an allegation or a
23· ·complaint by Ms. Rivers against Mr. Greene for not
24· ·responding to her telephone calls or her emails?
25· · · A· ·I have seen — I have viewed the formal

 

 ·1· ·complaint that she has made against Ms. Tebo. I

·2· ·saw that in there.· I disagree with that regarding
·3· ·Mr. Greene.· Mr. Green is the — he manages both the
·4· ·water and the waste water plants.· And he has to check
·5· ·each facility each day.
·6· · · · · Now, our waste water plant is eight miles north
·7· ·of us.· Sometimes the phone reception is not that great
·8· ·and I’ve always known that if he’s up at the plant or
·9· ·he’s involved in this nasty process up at the waste
10· ·water plant, he can’t get to you; or if he is in the
11· ·fire station, the reception’s not good, so his phone
12· ·does not ring.
13· · · · · But he will check it because I’ve called him
14· ·numerous times and he’s never answered my call, but he
15· ·will call back to town hall.· And Anita herself has
16· ·asked me, “Did you call Andrew?”· And I say, “Yes.”
17· ·So, I mean, if he sees that someone at town hall has
18· ·called, he will return the call if he’s available to do
19· ·so.
20· · · Q· ·Has she ever complained to you that Mr. Greene
21· ·is not responding to her?
22· · · A· ·I’ve heard her make that statement.· I explained
23· ·the process of the cell phones.· And the land lines
24· ·that are at the plants, they’re primarily used for the
25· ·auto dialer, you know.· It puts — if something goes

 

·1· ·wrong at the plants, it sends out an alert.· Those are
·2· ·what those phones are utilized for.· So the only way to
·3· ·make contact with him is through his cell phone.
·4· · · Q· ·And I guess you indicated that Mr. Greene
·5· ·sometimes doesn’t answer your phone immediately?
·6· · · A· ·Why, no.· Numerous times he hasn’t answered
·7· ·mine.· I mean, not that I — or when I’ve called him on
·8· ·many occasions, he hasn’t answered.· But he has also
·9· ·called back.· And she’s even asked that question, “Did
10· ·you call Andrew?”
11· · · Q· ·Do you recall the situation, though, that she
12· ·outlines in her complaint where she indicates that she
13· ·was texting Mr. Greene and he wouldn’t answer his phone
14· ·and calling him and he wouldn’t answer his phone.· And
15· ·then Ms. Tebo texted him, and he responded immediately?
16· · · A· ·I don’t know anything about that.
17· · · Q· ·At some point, I guess — well, not at some
18· ·point.· Ms. Rivers alleges that it was on March 27th of
19· ·this year that something happened to her access to her
20· ·email and her password had to be reset by IT.
21· · · A· ·Well, not by IT.· I reset the passwords —
22· · · Q· ·You reset it.
23· · · A· ·– for the Go Daddy and I’ve been doing that
24· ·since 2013.· I set up the new users and I can reset the
25· ·passwords.

 

·1· · · Q· ·Okay.· So you reset her password to, I guess,
·2· ·”password,” or something simple along those lines?
·3· · · A· ·Yeah.
·4· · · Q· ·And you then inform Ms. Tebo that you had done
·5· ·so, at least that’s what she’s alleging.
·6· · · A· ·And I read that part of that.· I responded to
·7· ·Ms. Tebo because Ms. Tebo is the one who came to me and
·8· ·said, “Would you reset Anita’s password,” which I did.
·9· ·Anita did not come to me.· So I responded to the person
10· ·who approached me about doing the duty and that was
11· ·Ms. Tebo.
12· · · Q· ·Okay.· Now, do you recall after informing
13· ·Ms. Tebo that you had done so, that there is this
14· ·communication from Ms. Tebo to Ms. Rivers, something
15· ·along the lines where she raises her voice and says,
16· ·”Just stop it.· Just stop it.· I don’t want to hear any
17· ·more about the email”?
18· · · A· ·I know what you’re referring to, and I was in my
19· ·office.· And Ms. Tebo — and you’re not familiar with
20· ·the office setup, I know.
21· · · Q· ·No.
22· · · A· ·But I was going to, way down the hallway, do
23· ·some filing.· The only one that I heard being very
24· ·vocal was Anita.· And when I was walking by, I heard
25· ·her say, “Really?”· And then I heard some mumbling. I

 

·1· ·did not understand what was said.· And I never heard
·2· ·Ms. Tebo say anything.· And all I could think to myself
·3· ·was, well, that’s not real smart of you yelling at your
·4· ·manager like that.· That was my personal thoughts.
·5· · · Q· ·So you were down —
·6· · · A· ·Down the hallway.
·7· · · Q· ·And you heard Ms. Rivers —
·8· · · A· ·I heard Anita say “Really?”· And then she was
·9· ·saying something else.· I just walked on.· But then in
10· ·my mind — and I never heard Ms. Tebo say anything.
11· · · Q· ·So you don’t know whether Ms. Tebo said that or
12· ·didn’t?
13· · · A· ·I do not.
14· · · Q· ·Okay.· Because you weren’t in the room?
15· · · A· ·No, I wasn’t.
16· · · Q· ·Do you know whether anybody else was in the room
17· ·like Officer Meeks or Chief Pittman?
18· · · A· ·Not that I know of.· I do not.· I know that one
19· ·of the police officers was probably at the copier,
20· ·which is out in the front open area.· I don’t know that
21· ·the — Mr. Pittman was in there.· I don’t know. I
22· ·don’t know.
23· · · Q· ·Okay. Now, the next topic I’m going to ask you
24· ·about has to do with e-cigarettes.
25· · · A· ·Uh-huh.

 

 ·1· · · Q· ·Do you use e-cigarettes?

·2· · · A· ·I do.
·3· · · Q· ·Do you know if there’s a policy regarding the
·4· ·use of e-cigarettes inside of town hall?
·5· · · A· ·No.· There is not a policy in place.
·6· · · Q· ·Do you know whether Ms. Rivers has ever
·7· ·complained about your use of e-cigarettes?
·8· · · A· ·No.
·9· · · Q· ·Has Ms. Tebo ever come to you and talked to you
10· ·about the use e-cigarettes?
11· · · A· ·Yes, she has.· She told me to do it outside,
12· ·which I do.
13· · · Q· ·All right.· After she told you to do it outside,
14· ·did you ever still continue to do it inside?
15· · · A· ·I did one time.
16· · · Q· ·Okay.· And then did she come back to you and
17· ·tell you or remind you to do it outside?
18· · · A· ·Yeah.
19· · · Q· ·From that day until now have you done it
20· ·outside?
21· · · A· ·I do it outside.
22· · · Q· ·Is your use of these e-cigarettes, was that ever
23· ·designed to make Ms. Rivers uncomfortable?
24· · · A· ·She never said a word to me about it.· I didn’t
25· ·know it was effecting her.· I didn’t do it around her.

 

·1· ·I did it in my office.
·2· · · Q· ·All right.· There’s also an issue, I guess —
·3· ·and this might have been with — evidently there was
·4· ·some changes to the garbage rate and/or the yard trash
·5· ·rate and how they were being calculated.
·6· · · A· ·Well, that occurs every year, every March 31st
·7· ·the contract expires and the new rates go into effect.
·8· · · Q· ·And then I guess whoever it would be — was it
·9· ·Ms. Rivers who was responsible for —
10· · · A· ·That was her job, yes, sir.
11· · · Q· ·Is there some type of training that she attends
12· ·to update the software so that it charges the
13· ·appropriate rate to your knowledge?
14· · · A· ·In 2014 when we converted to this new software,
15· ·she, myself and Andrew Greene were involved in the
16· ·training.· I received no more training than she did on
17· ·this.· There was a gentleman that came in, I think, two
18· ·days and spent training with us on that.
19· · · · · There’s a manual that goes with it, but it’s
20· ·very complex and some — I’ve even heard Andrew make —
21· ·and Andrew’s more computer literate than I am and
22· ·probably Anita is.· But that’s the training that we all
23· ·received.· The only — we pay every month for technical
24· ·support for this so that we can contact the gentleman,

25· ·the IT guy, and he can walk you through it.

·1· · · Q· ·Have you ever intentionally excluded Mr. Rivers
·2· ·from speaking to the IT person?
·3· · · A· ·Absolutely not.
·4· · · Q· ·What about the auditor Ken Daniels, have you
·5· ·ever had any meetings with him, either you and Ms. Tebo
·6· ·or you on your own and the auditor, and not included
·7· ·Ms. Rivers?
·8· · · A· ·Yes.· When he was going over the audit findings
·9· ·with us, yes.
10· · · Q· ·And how often does he do audits?
11· · · A· ·Once a year.
12· · · Q· ·Okay.· And does he then go over the findings
13· ·with you every year after his audit?
14· · · A· ·Does he go over them every year?· Well, he does
15· ·that in the council meeting, the entire audit.· He was
16· ·just going over the preliminary — well, I say the
17· ·preliminary, the draft audit, just going over, you
18· ·know, what he’s come up with for us to review to see if
19· ·there’s any discrepancies that we may have and to go
20· ·over the findings that he’s made.
21· · · Q· ·Has Ms. Rivers ever been included in one of
22· ·these meetings that you’ve had with Mr. Daniels?
23· · · A· ·No.
24· · · Q· ·To your knowledge, is there a reason why she
25· ·should be included?

 

·1· · · A· ·I really can’t find a reason, not at this —
·2· ·well, and again, we’re such a small staff.· Someone has
·3· ·to man the front for the phones and the customers.
·4· ·Discussing this, I understand myself being there and I
·5· ·understand the manager being there, and because I am
·6· ·responsible for the finance part of it.· When he
·7· ·approached me, he said, “I would like to meet with you
·8· ·and Ms. Tebo.”· So that was his wording and so that’s
·9· ·what we did.
10· · · Q· ·Okay.· Has Ms. Rivers ever come to you and
11· ·complained about Ms. Tebo?
12· · · A· ·No.
13· · · Q· ·Have you ever witnessed an interaction between
14· ·Ms. Rivers and Ms. Tebo that you thought was
15· ·inappropriate or improper —
16· · · A· ·No.
17· · · Q· ·– or hostile or —
18· · · A· ·No, I never have.
19· · · Q· ·– anything of that nature?
20· · · · · Have you ever witnessed Ms. Rivers become
21· ·emotional in the workplace, crying or something of that
22· ·nature?
23· · · A· ·I saw her one day years — some time ago, but I
24· ·thought it was personal, so I didn’t …
25· · · Q· ·When you say years ago, how long ago?

 

·1· · · A· ·Well, I think there was a death in her family,
·2· ·you know.· Sometimes it’s hard to console somebody, so
·3· ·you just let them be.
·4· · · Q· ·When you heard her and — I guess not too long
·5· ·ago, her and Ms. Tebo have this interaction where she
·6· ·said —
·7· · · A· ·No.· I didn’t hear Ms. Tebo now.
·8· · · Q· ·And I’m not suggesting that she said anything
·9· ·and that you heard anything.· I’m just saying when
10· ·Ms. Rivers said, “Oh, really” or “Really,” did
11· ·Ms. Rivers become emotional at any point after that?
12· · · A· ·No.· She continued working as far as I know. I
13· ·mean, I was back there doing my filing.· I would come
14· ·back and to, back and to, but I didn’t notice her
15· ·become emotional.
16· · · Q· ·Did anybody ever tell you that she had become
17· ·emotional that day?
18· · · A· ·No.
19· · · Q· ·Have you ever had any conversations with
20· ·Mr. Pittman or Mr. Meeks about what they witnessed that
21· ·day?
22· · · A· ·No.
23· · · Q· ·Have you had any conversations with Ms. Tebo
24· ·about the nature of this complaint after you received
25· ·it?

 

·1· · · A· ·No.
·2· · · Q· ·Have you ever witnessed Ms. Tebo raise her voice
·3· ·in the office?
·4· · · A· ·To no one.
·5· · · Q· ·Has she ever used profanity in the office?
·6· · · A· ·She might have said the “D” word.· Yes, she
·7· ·might have said that.
·8· · · Q· ·Okay.· Other than the “D” word?
·9· · · A· ·No.
10· · · Q· ·Has she ever directed the “D” word at any
11· ·employee or citizen?
12· · · A· ·No.· I have never heard her, no.
13· · · Q· ·Okay.· And I apologize if I asked this, but has
14· ·Mr. Farley or Mr. Lawrence or Ms. Heath, have any of
15· ·them ever come to you and talked to you about your
16· ·interactions with Ms. Rivers?
17· · · A· ·About Ms. Rivers, no, not that I recall.
18· · · Q· ·When I asked you a while ago about how would you
19· ·describe your relationship with Ms. Rivers, I think you
20· ·indicated —
21· · · A· ·It’s a working relationship.
22· · · Q· ·Which means that you —
23· · · A· ·It’s working.· Now, would we be BFFs, no.
24· · · Q· ·You don’t socialize outside of work?
25· · · A· ·No.

 

·1· · · Q· ·Do you recall an incident where there was a
·2· ·shortage of the cash drawer by $512?
·3· · · A· ·Yes.
·4· · · Q· ·What do you recall about that?
·5· · · A· ·The time frame — I’m sorry.· I can’t give you
·6· ·the exact time frame.· But where it appeared there were
·7· ·issues with the IMS software where it wasn’t
·8· ·calculating the cash and Anita came to me and was
·9· ·telling me about that.
10· · · Q· ·And I’ll represent to you that I think it was
11· ·sometime in October of 2016, last year.· And do you
12· ·recall what Ms. Rivers said to you about that?
13· · · A· ·A shortage of $500?· It wasn’t in October.
14· · · Q· ·Okay.
15· · · A· ·This was just, you know, within the last six to
16· ·eight weeks that this occurred.· But continue with your
17· ·question.
18· · · Q· ·Well, actually instead of that, I’ll just show
19· ·you a document.· This has already been marked as an
20· ·exhibit.· It’s dated October 10th of 2016, and it’s a
21· ·typewritten page in the Stacy Exhibit that Ms. Rivers
22· ·authored and I’ll ask you if you can take a look at
23· ·that.
24· · · A· ·I knew nothing about this.
25· · · Q· ·Okay.

 

·1· · · A· ·Nothing.
·2· · · Q· ·The incident that you were describing earlier
·3· ·where you said it wasn’t in October.· I guess it was
·4· ·some other point in time and it had to do with a cash
·5· ·shortfall?
·6· · · A· ·Well, for some unknown reason to me, it wasn’t
·7· ·reflecting cash payments.· You have the option of
·8· ·putting a check, credit card or cash.· Well, none of
·9· ·the cash was showing on the report.· So that’s when I
10· ·informed her that she needed to get with the IT person
11· ·to find some report, because we’ve got this cash out
12· ·here.· And it was — not only was it not showing the
13· ·cash, but also in the actual account, it wasn’t
14· ·crediting them for their cash payment.
15· · · Q· ·Okay.· And were you able to rectify that?
16· · · A· ·Well, it ended up that Ms. Tebo made contact
17· ·with the IT person, and he was able to provide a
18· ·report.· Now, on the particular days in question, they
19· ·were $13 over.· I did write a memo to Anita to Ms. Tebo
20· ·that we were $13 over for that period and I was
21· ·concerned that someone’s account was not being properly
22· ·credited.
23· · · Q· ·Okay.· With respect to Ms. Rivers’ social media
24· ·and Facebook page, have you ever logged on to that

25· ·page?

·1· · · A· ·No.· I’m — not Facebook.· No.· As I said, we
·2· ·have a working relationship.· I’m not interested.
·3· · · Q· ·Okay.· So do you know whether anybody has ever
·4· ·complained about any posts that she’s made on her
·5· ·Facebook page?
·6· · · A· ·I’ve heard some comments.· I’d rather not
·7· ·respond to them.· You know, it’s people that don’t
·8· ·necessarily work for the Town of White Springs.
·9· · · Q· ·Citizens?
10· · · A· ·Yeah.
11· · · Q· ·And I’m not going to ask you what was said or
12· ·divulge anything.
13· · · A· ·And that was it.· It never went any further. I
14· ·mean —
15· · · Q· ·Were people expressing to you or were they
16· ·critical of what she was posting?
17· · · A· ·Yes.
18· · · Q· ·Did you ever relay any of that to Ms. Tebo?
19· · · A· ·No.
20· · · Q· ·Is there a city council member by the first name
21· ·of Tonja?
22· · · A· ·There is.· Tonja is not the one you’re talking
23· ·about if that’s what your — if that’s your next
24· ·question, no.
25· · · Q· ·No, ma’am.

 

·1· · · A· ·We don’t discuss that.· I don’t discuss that
·2· ·with the council.
·3· · · Q· ·Have you ever been in a meeting with Tonja —
·4· ·what’s Tonja’s last name?
·5· · · A· ·Brown.
·6· · · Q· ·– with Tonja Brown where Ms. Brown has spoken
·7· ·about Ms. Rivers in a critical way?
·8· · · A· ·No.· I’ve never been in a meeting with
·9· ·Ms. Brown.
10· · · Q· ·Do you —
11· · · A· ·I don’t discuss employees.
12· · · Q· ·It’s you and Ms. Tebo and Ms. Rivers are in the
13· ·same building in the same general area?
14· · · A· ·Correct.
15· · · Q· ·Have you had an opportunity to witness Ms. Tebo
16· ·and Ms. Rivers interact?
17· · · A· ·Interact?
18· · · Q· ·Yeah, yeah, speak to each other, communicate
19· ·with each other.
20· · · A· ·Yeah, and I’ve seen her at her desk.
21· · · Q· ·How would you describe their relationship from
22· ·what you’ve witnessed?
23· · · A· ·Well, it was fine up until a few months ago, and
24· ·now I think it’s become a very guarded relationship.
25· · · Q· ·What happened that —

 

·1· · · A· ·But I — I don’t know.· I really don’t know.
·2· ·And since I’m going to speak candidly and frank on
·3· ·this, again, stating that since 2014, we’ve had four
·4· ·town managers; three of those, I’ve seen the same kind
·5· ·of — of the four, I have seen Ms. Rivers develop this
·6· ·same kind of guarded relationship with.
·7· · · Q· ·What do you mean by that?
·8· · · A· ·The only thing I can say, my feeling is, I think
·9· ·Ms. Rivers has trouble taking instruction and then
10· ·sometimes it becomes personal to her and she gets —
11· ·she just stops speaking to you.· She becomes very
12· ·temperamental.
13· · · Q· ·Have you noticed that with respect to Ms. Tebo?
14· · · A· ·Yes, I have.
15· · · Q· ·Has that happened with respect to you and
16· ·Ms. Rivers?
17· · · A· ·Well, she’s a very temperamental person.· She
18· ·may speak to me in the morning, she may not.· I just —
19· ·I just let it go.
20· · · · · MR. LARKIN:· Why don’t we take a two-minute
21· · · break.
22· · · · · (Recess taken.)
23· · · · · MR. LARKIN:· Back on.
24· ·BY MR. LARKIN:
25· · · Q· ·And I don’t know if I’ve asked this and if I

 

·1· ·have, I apologize.· But has Ms. Tebo mentioned anything
·2· ·to you about this particular complaint that Ms. Rivers
·3· ·has filed?
·4· · · A· ·Against me?
·5· · · Q· ·No.· The complaint.
·6· · · A· ·Oh, against — Ms. Rivers’ complaint?
·7· · · Q· ·Yeah, this particular complaint here that sort
·8· ·of outlines the issues that Ms. Rivers is having.
·9· · · A· ·No, she hasn’t.· We have not — she did — she
10· ·did tell me there has been a complaint filed against
11· ·her against Ms. Rivers (as spoken).· I did not see it
12· ·until — well, until Fred mentioned that the council
13· ·members may want to come to me, even though I knew —
14· · · · · Let me back up.· Because she said that, Ms. Tebo
15· ·told me that Anita had filed a formal complaint,
16· ·sending it to the council members; so therefore, I knew
17· ·that the council members had it.· And Mr. Koberlein
18· ·told me that I may want to confidentially hold this
19· ·for the council members to come and view it.
20· · · · · I emailed Ms. Tebo that I needed a copy of that.
21· ·So I received it from her.· I did read it.· I won’t lie
22· ·to you, I did.· And I put it in a sealed envelope and
23· ·that’s where it remains in my desk.
24· · · Q· ·So other than —
25· · · A· ·She did not discuss that with me.

 

·1· · · Q· ·You guys have not had any conversations about
·2· ·the contents of this or Ms. Rivers or anything related
·3· ·to Mr. Rivers regarding this complaint?
·4· · · A· ·Nothing’s been said.
·5· · · Q· ·And is that the case with all town employees and
·6· ·you?· Can you say that you have not had any —
·7· · · A· ·I don’t know that the town employees have seen
·8· ·this.· I’m not aware, unless Ms. Rivers showed it to
·9· ·them, but I know that I haven’t showed it to them. I
10· ·can’t — I don’t think Ms. Tebo has.
11· · · Q· ·And none of the other employees, the police
12· ·chief, the fire chief, any firefighters, police
13· ·officers, utility employees —
14· · · A· ·Ms. — Anita is — she may have shown it to — I
15· ·don’t know.· I don’t know who Anita’s shown it to, so I
16· ·can’t speak to that.
17· · · Q· ·Right.· And I’m not suggesting you do.· I’m
18· ·asking has any — have you had any conversations with
19· ·any other town employee about the contents of this?
20· · · A· ·Absolutely not.· Absolutely not.
21· · · Q· ·Is there anything else that you would like me to
22· ·know about this matter that I have not asked you about?
23· · · A· ·No.· I just have not witnessed any harassment or
24· ·discrimination imposed by Ms. Tebo to Ms. Rivers, I

25· ·have not.· And mind you, I’m in the office with her

·1· ·five days a week, eight hours a day, and I haven’t
·2· ·witnessed it.
·3· · · · · MR. LARKIN:· Okay.· I appreciate your time. I
·4· · · don’t know if Mr. Koberlein has a couple of
·5· · · questions, but he might want to talk to you.
·6· · · · · · · · · · · ·EXAMINATION
·7· ·BY MR. KOBERLEIN:
·8· · · Q· ·Yes.· Ms. Tomlinson, back to the billing
·9· ·software, you mentioned that yourself, Mr. Greene and
10· ·Ms. Rivers were trained for two days during 2014 on the
11· ·software.
12· · · A· ·That is correct.· That’s whenever we converted
13· ·to the current software.
14· · · Q· ·Were you trained simultaneously, or at the same
15· ·time?
16· · · A· ·Uh-huh.
17· · · Q· ·And it was two full days?
18· · · A· ·It was two full days because, this I remember;
19· ·he charged $750 a day.· So we had to get as much in
20· ·there as we could.· Mind you, we’re on a tight budget.
21· · · Q· ·Okay.· Then you also mentioned that something
22· ·occurs every March with the software.
23· · · A· ·Occurred in — repeat that again.
24· · · Q· ·Well, you mentioned that an error with the
25· ·billing software had occurred this past March.

 

·1· · · A· ·Yeah.· Was that — was your memo ’17 — 2016 or
·2· ·2017.· This is April.· Yes, it could be.· Yes.· Fred,
·3· ·I’m sorry.· Yes.· It could have been March.· It was in
·4· ·the last six to eight weeks, so yes.
·5· · · Q· ·Does the software error occur every March?
·6· · · A· ·No.· This is the first time that the error every
·7· ·occurred.· When I’m talking about not reflecting the
·8· ·cash, that was the first time we had experienced that.
·9· ·I don’t know what the issue was.
10· · · Q· ·And so it’s your understanding that you,
11· ·Mr. Greene and Ms. Rivers have all received the same
12· ·amount of training on the billing software?
13· · · A· ·Absolutely, absolutely.
14· · · · · MR. KOBERLEIN:· I don’t have any other
15· · · questions.· Thank you.
16· · · · · MR. LARKIN:· I don’t have any other questions.
17· · · Ms. TomliNson, we appreciate your time.· If anything
18· · · comes up that you reflect back on this and there’s
19· · · something that you wish you had the opportunity to
20· · · tell me or you come across a document or something
21· · · to that effect that you would like me to have, just
22· · · please feel free to reach out to Mr. Koberlein and
23· · · we’ll make sure we give you the opportunity to amend
24· · · or add —
25· · · · · THE WITNESS:· Absolutely.

 

 

 

 

·1· · · A· ·Yeah.· Was that — was your memo ’17 — 2016 or
·2· ·2017.· This is April.· Yes, it could be.· Yes.· Fred,
·3· ·I’m sorry.· Yes.· It could have been March.· It was in
·4· ·the last six to eight weeks, so yes.
·5· · · Q· ·Does the software error occur every March?
·6· · · A· ·No.· This is the first time that the error every
·7· ·occurred.· When I’m talking about not reflecting the
·8· ·cash, that was the first time we had experienced that.
·9· ·I don’t know what the issue was.
10· · · Q· ·And so it’s your understanding that you,
11· ·Mr. Greene and Ms. Rivers have all received the same
12· ·amount of training on the billing software?
13· · · A· ·Absolutely, absolutely.
14· · · · · MR. KOBERLEIN:· I don’t have any other
15· · · questions.· Thank you.
16· · · · · MR. LARKIN:· I don’t have any other questions.
17· · · Ms. TomliNson, we appreciate your time.· If anything
18· · · comes up that you reflect back on this and there’s
19· · · something that you wish you had the opportunity to
20· · · tell me or you come across a document or something
21· · · to that effect that you would like me to have, just
22· · · please feel free to reach out to Mr. Koberlein and
23· · · we’ll make sure we give you the opportunity to amend
24· · · or add —
25· · · · · THE WITNESS:· Absolutely.

 

 

 

·1· ·five days a week, eight hours a day, and I haven’t
·2· ·witnessed it.
·3· · · · · MR. LARKIN:· Okay.· I appreciate your time. I
·4· · · don’t know if Mr. Koberlein has a couple of
·5· · · questions, but he might want to talk to you.
·6· · · · · · · · · · · ·EXAMINATION
·7· ·BY MR. KOBERLEIN:
·8· · · Q· ·Yes.· Ms. Tomlinson, back to the billing
·9· ·software, you mentioned that yourself, Mr. Greene and
10· ·Ms. Rivers were trained for two days during 2014 on the
11· ·software.
12· · · A· ·That is correct.· That’s whenever we converted
13· ·to the current software.
14· · · Q· ·Were you trained simultaneously, or at the same
15· ·time?
16· · · A· ·Uh-huh.
17· · · Q· ·And it was two full days?
18· · · A· ·It was two full days because, this I remember;
19· ·he charged $750 a day.· So we had to get as much in
20· ·there as we could.· Mind you, we’re on a tight budget.
21· · · Q· ·Okay.· Then you also mentioned that something
22· ·occurs every March with the software.
23· · · A· ·Occurred in — repeat that again.
24· · · Q· ·Well, you mentioned that an error with the
25· ·billing software had occurred this past March.

 

 

·1· · · A· ·Yeah.· Was that — was your memo ’17 — 2016 or
·2· ·2017.· This is April.· Yes, it could be.· Yes.· Fred,
·3· ·I’m sorry.· Yes.· It could have been March.· It was in
·4· ·the last six to eight weeks, so yes.
·5· · · Q· ·Does the software error occur every March?
·6· · · A· ·No.· This is the first time that the error every
·7· ·occurred.· When I’m talking about not reflecting the
·8· ·cash, that was the first time we had experienced that.
·9· ·I don’t know what the issue was.
10· · · Q· ·And so it’s your understanding that you,
11· ·Mr. Greene and Ms. Rivers have all received the same
12· ·amount of training on the billing software?
13· · · A· ·Absolutely, absolutely.
14· · · · · MR. KOBERLEIN:· I don’t have any other
15· · · questions.· Thank you.
16· · · · · MR. LARKIN:· I don’t have any other questions.
17· · · Ms. TomliNson, we appreciate your time.· If anything
18· · · comes up that you reflect back on this and there’s
19· · · something that you wish you had the opportunity to
20· · · tell me or you come across a document or something
21· · · to that effect that you would like me to have, just
22· · · please feel free to reach out to Mr. Koberlein and
23· · · we’ll make sure we give you the opportunity to amend
24· · · or add —
25· · · · · THE WITNESS:· Absolutely.

 

 

 

 

 

 

·1· ·have, I apologize.· But has Ms. Tebo mentioned anything
·2· ·to you about this particular complaint that Ms. Rivers
·3· ·has filed?
·4· · · A· ·Against me?
·5· · · Q· ·No.· The complaint.
·6· · · A· ·Oh, against — Ms. Rivers’ complaint?
·7· · · Q· ·Yeah, this particular complaint here that sort
·8· ·of outlines the issues that Ms. Rivers is having.
·9· · · A· ·No, she hasn’t.· We have not — she did — she
10· ·did tell me there has been a complaint filed against
11· ·her against Ms. Rivers (as spoken).· I did not see it
12· ·until — well, until Fred mentioned that the council
13· ·members may want to come to me, even though I knew —
14· · · · · Let me back up.· Because she said that, Ms. Tebo
15· ·told me that Anita had filed a formal complaint,
16· ·sending it to the council members; so therefore, I knew
17· ·that the council members had it.· And Mr. Koberlein
18· ·told me that I may want to confidentially hold this
19· ·for the council members to come and view it.
20· · · · · I emailed Ms. Tebo that I needed a copy of that.
21· ·So I received it from her.· I did read it.· I won’t lie
22· ·to you, I did.· And I put it in a sealed envelope and
23· ·that’s where it remains in my desk.
24· · · Q· ·So other than —
25· · · A· ·She did not discuss that with me.

 

 

 

 

 

·1· · · A· ·We don’t discuss that.· I don’t discuss that
·2· ·with the council.
·3· · · Q· ·Have you ever been in a meeting with Tonja —
·4· ·what’s Tonja’s last name?
·5· · · A· ·Brown.
·6· · · Q· ·– with Tonja Brown where Ms. Brown has spoken
·7· ·about Ms. Rivers in a critical way?
·8· · · A· ·No.· I’ve never been in a meeting with
·9· ·Ms. Brown.
10· · · Q· ·Do you —
11· · · A· ·I don’t discuss employees.
12· · · Q· ·It’s you and Ms. Tebo and Ms. Rivers are in the
13· ·same building in the same general area?
14· · · A· ·Correct.
15· · · Q· ·Have you had an opportunity to witness Ms. Tebo
16· ·and Ms. Rivers interact?
17· · · A· ·Interact?
18· · · Q· ·Yeah, yeah, speak to each other, communicate
19· ·with each other.
20· · · A· ·Yeah, and I’ve seen her at her desk.
21· · · Q· ·How would you describe their relationship from
22· ·what you’ve witnessed?
23· · · A· ·Well, it was fine up until a few months ago, and
24· ·now I think it’s become a very guarded relationship.
25· · · Q· ·What happened that —

 

 

 

 

·1· · · A· ·No.· I’m — not Facebook.· No.· As I said, we
·2· ·have a working relationship.· I’m not interested.
·3· · · Q· ·Okay.· So do you know whether anybody has ever
·4· ·complained about any posts that she’s made on her
·5· ·Facebook page?
·6· · · A· ·I’ve heard some comments.· I’d rather not
·7· ·respond to them.· You know, it’s people that don’t
·8· ·necessarily work for the Town of White Springs.
·9· · · Q· ·Citizens?
10· · · A· ·Yeah.
11· · · Q· ·And I’m not going to ask you what was said or
12· ·divulge anything.
13· · · A· ·And that was it.· It never went any further. I
14· ·mean —
15· · · Q· ·Were people expressing to you or were they
16· ·critical of what she was posting?
17· · · A· ·Yes.
18· · · Q· ·Did you ever relay any of that to Ms. Tebo?
19· · · A· ·No.
20· · · Q· ·Is there a city council member by the first name
21· ·of Tonja?
22· · · A· ·There is.· Tonja is not the one you’re talking
23· ·about if that’s what your — if that’s your next
24· ·question, no.
25· · · Q· ·No, ma’am.

 

 

 

 

 

·1· · · Q· ·Do you recall an incident where there was a
·2· ·shortage of the cash drawer by $512?
·3· · · A· ·Yes.
·4· · · Q· ·What do you recall about that?
·5· · · A· ·The time frame — I’m sorry.· I can’t give you
·6· ·the exact time frame.· But where it appeared there were
·7· ·issues with the IMS software where it wasn’t
·8· ·calculating the cash and Anita came to me and was
·9· ·telling me about that.
10· · · Q· ·And I’ll represent to you that I think it was
11· ·sometime in October of 2016, last year.· And do you
12· ·recall what Ms. Rivers said to you about that?
13· · · A· ·A shortage of $500?· It wasn’t in October.
14· · · Q· ·Okay.
15· · · A· ·This was just, you know, within the last six to
16· ·eight weeks that this occurred.· But continue with your
17· ·question.
18· · · Q· ·Well, actually instead of that, I’ll just show
19· ·you a document.· This has already been marked as an
20· ·exhibit.· It’s dated October 10th of 2016, and it’s a
21· ·typewritten page in the Stacy Exhibit that Ms. Rivers
22· ·authored and I’ll ask you if you can take a look at
23· ·that.
24· · · A· ·I knew nothing about this.
25· · · Q· ·Okay.

 

 

 

 

 

 

·1· · · A· ·I really can’t find a reason, not at this —
·2· ·well, and again, we’re such a small staff.· Someone has
·3· ·to man the front for the phones and the customers.
·4· ·Discussing this, I understand myself being there and I
·5· ·understand the manager being there, and because I am
·6· ·responsible for the finance part of it.· When he
·7· ·approached me, he said, “I would like to meet with you
·8· ·and Ms. Tebo.”· So that was his wording and so that’s
·9· ·what we did.
10· · · Q· ·Okay.· Has Ms. Rivers ever come to you and
11· ·complained about Ms. Tebo?
12· · · A· ·No.
13· · · Q· ·Have you ever witnessed an interaction between
14· ·Ms. Rivers and Ms. Tebo that you thought was
15· ·inappropriate or improper —
16· · · A· ·No.
17· · · Q· ·– or hostile or —
18· · · A· ·No, I never have.
19· · · Q· ·– anything of that nature?
20· · · · · Have you ever witnessed Ms. Rivers become
21· ·emotional in the workplace, crying or something of that
22· ·nature?
23· · · A· ·I saw her one day years — some time ago, but I
24· ·thought it was personal, so I didn’t …
25· · · Q· ·When you say years ago, how long ago?

 

 

 

 

 

·1· ·I did it in my office.
·2· · · Q· ·All right.· There’s also an issue, I guess —
·3· ·and this might have been with — evidently there was
·4· ·some changes to the garbage rate and/or the yard trash
·5· ·rate and how they were being calculated.
·6· · · A· ·Well, that occurs every year, every March 31st
·7· ·the contract expires and the new rates go into effect.
·8· · · Q· ·And then I guess whoever it would be — was it
·9· ·Ms. Rivers who was responsible for —
10· · · A· ·That was her job, yes, sir.
11· · · Q· ·Is there some type of training that she attends
12· ·to update the software so that it charges the
13· ·appropriate rate to your knowledge?
14· · · A· ·In 2014 when we converted to this new software,
15· ·she, myself and Andrew Greene were involved in the
16· ·training.· I received no more training than she did on
17· ·this.· There was a gentleman that came in, I think, two
18· ·days and spent training with us on that.
19· · · · · There’s a manual that goes with it, but it’s
20· ·very complex and some — I’ve even heard Andrew make —
21· ·and Andrew’s more computer literate than I am and
22· ·probably Anita is.· But that’s the training that we all
23· ·received.· The only — we pay every month for technical
24· ·support for this so that we can contact the gentleman,
25· ·the IT guy, and he can walk you through it.

 

 

 

·1· · · Q· ·Do you use e-cigarettes?
·2· · · A· ·I do.
·3· · · Q· ·Do you know if there’s a policy regarding the
·4· ·use of e-cigarettes inside of town hall?
·5· · · A· ·No.· There is not a policy in place.
·6· · · Q· ·Do you know whether Ms. Rivers has ever
·7· ·complained about your use of e-cigarettes?
·8· · · A· ·No.
·9· · · Q· ·Has Ms. Tebo ever come to you and talked to you
10· ·about the use e-cigarettes?
11· · · A· ·Yes, she has.· She told me to do it outside,
12· ·which I do.
13· · · Q· ·All right.· After she told you to do it outside,
14· ·did you ever still continue to do it inside?
15· · · A· ·I did one time.
16· · · Q· ·Okay.· And then did she come back to you and
17· ·tell you or remind you to do it outside?
18· · · A· ·Yeah.
19· · · Q· ·From that day until now have you done it
20· ·outside?
21· · · A· ·I do it outside.
22· · · Q· ·Is your use of these e-cigarettes, was that ever
23· ·designed to make Ms. Rivers uncomfortable?
24· · · A· ·She never said a word to me about it.· I didn’t
25· ·know it was effecting her.· I didn’t do it around her.

 

 

 

·1· ·did not understand what was said.· And I never heard
·2· ·Ms. Tebo say anything.· And all I could think to myself
·3· ·was, well, that’s not real smart of you yelling at your
·4· ·manager like that.· That was my personal thoughts.
·5· · · Q· ·So you were down —
·6· · · A· ·Down the hallway.
·7· · · Q· ·And you heard Ms. Rivers —
·8· · · A· ·I heard Anita say “Really?”· And then she was
·9· ·saying something else.· I just walked on.· But then in
10· ·my mind — and I never heard Ms. Tebo say anything.
11· · · Q· ·So you don’t know whether Ms. Tebo said that or
12· ·didn’t?
13· · · A· ·I do not.
14· · · Q· ·Okay.· Because you weren’t in the room?
15· · · A· ·No, I wasn’t.
16· · · Q· ·Do you know whether anybody else was in the room
17· ·like Officer Meeks or Chief Pittman?
18· · · A· ·Not that I know of.· I do not.· I know that one
19· ·of the police officers was probably at the copier,
20· ·which is out in the front open area.· I don’t know that
21· ·the — Mr. Pittman was in there.· I don’t know. I
22· ·don’t know.
23· · · Q· ·Okay. Now, the next topic I’m going to ask you
24· ·about has to do with e-cigarettes.
25· · · A· ·Uh-huh.

 

 

 

·1· · · Q· ·Okay.· So you reset her password to, I guess,
·2· ·”password,” or something simple along those lines?
·3· · · A· ·Yeah.
·4· · · Q· ·And you then inform Ms. Tebo that you had done
·5· ·so, at least that’s what she’s alleging.
·6· · · A· ·And I read that part of that.· I responded to
·7· ·Ms. Tebo because Ms. Tebo is the one who came to me and
·8· ·said, “Would you reset Anita’s password,” which I did.
·9· ·Anita did not come to me.· So I responded to the person
10· ·who approached me about doing the duty and that was
11· ·Ms. Tebo.
12· · · Q· ·Okay.· Now, do you recall after informing
13· ·Ms. Tebo that you had done so, that there is this
14· ·communication from Ms. Tebo to Ms. Rivers, something
15· ·along the lines where she raises her voice and says,
16· ·”Just stop it.· Just stop it.· I don’t want to hear any
17· ·more about the email”?
18· · · A· ·I know what you’re referring to, and I was in my
19· ·office.· And Ms. Tebo — and you’re not familiar with
20· ·the office setup, I know.
21· · · Q· ·No.
22· · · A· ·But I was going to, way down the hallway, do
23· ·some filing.· The only one that I heard being very
24· ·vocal was Anita.· And when I was walking by, I heard
25· ·her say, “Really?”· And then I heard some mumbling. I

 

 

 

·1· ·wrong at the plants, it sends out an alert.· Those are
·2· ·what those phones are utilized for.· So the only way to
·3· ·make contact with him is through his cell phone.
·4· · · Q· ·And I guess you indicated that Mr. Greene
·5· ·sometimes doesn’t answer your phone immediately?
·6· · · A· ·Why, no.· Numerous times he hasn’t answered
·7· ·mine.· I mean, not that I — or when I’ve called him on
·8· ·many occasions, he hasn’t answered.· But he has also
·9· ·called back.· And she’s even asked that question, “Did
10· ·you call Andrew?”
11· · · Q· ·Do you recall the situation, though, that she
12· ·outlines in her complaint where she indicates that she
13· ·was texting Mr. Greene and he wouldn’t answer his phone
14· ·and calling him and he wouldn’t answer his phone.· And
15· ·then Ms. Tebo texted him, and he responded immediately?
16· · · A· ·I don’t know anything about that.
17· · · Q· ·At some point, I guess — well, not at some
18· ·point.· Ms. Rivers alleges that it was on March 27th of
19· ·this year that something happened to her access to her
20· ·email and her password had to be reset by IT.
21· · · A· ·Well, not by IT.· I reset the passwords —
22· · · Q· ·You reset it.
23· · · A· ·– for the Go Daddy and I’ve been doing that
24· ·since 2013.· I set up the new users and I can reset the
25· ·passwords.

 

 

 

·1· ·complaint that she has made against Ms. Tebo. I
·2· ·saw that in there.· I disagree with that regarding
·3· ·Mr. Greene.· Mr. Green is the — he manages both the
·4· ·water and the waste water plants.· And he has to check
·5· ·each facility each day.
·6· · · · · Now, our waste water plant is eight miles north
·7· ·of us.· Sometimes the phone reception is not that great
·8· ·and I’ve always known that if he’s up at the plant or
·9· ·he’s involved in this nasty process up at the waste
10· ·water plant, he can’t get to you; or if he is in the
11· ·fire station, the reception’s not good, so his phone
12· ·does not ring.
13· · · · · But he will check it because I’ve called him
14· ·numerous times and he’s never answered my call, but he
15· ·will call back to town hall.· And Anita herself has
16· ·asked me, “Did you call Andrew?”· And I say, “Yes.”
17· ·So, I mean, if he sees that someone at town hall has
18· ·called, he will return the call if he’s available to do
19· ·so.
20· · · Q· ·Has she ever complained to you that Mr. Greene
21· ·is not responding to her?
22· · · A· ·I’ve heard her make that statement.· I explained
23· ·the process of the cell phones.· And the land lines
24· ·that are at the plants, they’re primarily used for the
25· ·auto dialer, you know.· It puts — if something goes

 

 

 

 

 

 

·1· ·and I said, “No, I didn’t.”
·2· · · Q· ·And the cut offs would be the utilities?
·3· · · A· ·It would — when I — let me reword that. I
·4· ·said cut off.· I meant late fee.· If customers do not
·5· ·pay by the 15th of the month, a late fee is assessed
·6· ·and added to their account, and I was not able to do
·7· ·that.
·8· · · Q· ·All right.· I see.· And was that your job to do
·9· ·or was that —
10· · · A· ·No.· It was her job.
11· · · Q· ·Her job.· But she was out those days.
12· · · A· ·Uh-huh.
13· · · Q· ·And so she came to you and asked you if you did
14· ·them?
15· · · A· ·Well, you asked me four or five days later if I
16· ·done it (as spoken).· You can look at the account and
17· ·see that they were not added.
18· · · Q· ·Okay.· Then when you told her that you were
19· ·interacting with the auditor and the Azalea Festival,
20· ·you said she did not like that response?
21· · · A· ·Oh, no.· I could tell she didn’t like it.
22· · · Q· ·Did she say anything?
23· · · A· ·She might have made a statement.· What she said,
24· ·I do not recall.
25· · · Q· ·Okay.· Have you ever gone and complained to

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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