100 N. Carson Street Carson City, Nevada 89701-4717 Attorney General's Of?EILED 2514 -2 AH 8= I6 HASTINGS or THE COURT M. Eta?sos 1425 CATHERINE CORTEZ MASTO Attorney General GEORGE H. TAYLOR Senior Deputy Attorney General Nevada State Bar No. 3615 100 North Carson Street BY Carson City, Nevada 89701 Tele: (775) 684-1230 Fax: (775) 684-1103 Email: gtaylor@ag.nv.gov Attorneys for Plaintiff IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE CATHERINE CORTEZ MASTO, Attorney General of the State of Nevada, CASE NO. til/14 018374 Plaintiff, . DEPT. NO. 3' I I VS. WASHOE COUNTY SCHOOL and its TRUSTEES: President Barbara Clark, Barbara McLaury, Howard Rosenberg, John Mayer, Dave Aiazzi, and Lisa Ruggerio, in their individual and representative capacities as District Trustees. COMPLAINT: NRS 241.037 (All relief available by Law including criminal penalties, monetary fines, as deemed proper by this Court) Defendants. COMES NOW the Plaintiff, Catherine Cortez Masto, Attorney General of the State of Nevada, by and through George H. Taylor, Senior Deputy Attorney General, and hereby complains as follows: I. JURISDICTION AND PARTIES 1. Plaintiff herein is the duly elected Attorney General of the State of Nevada with her principal office located in Carson City, Nevada. 2. The Attorney General has statutory authority to investigate and prosecute violations of Nevada?s Open Meeting Law (OML). NRS 241 .037(1). The Attorney General has statutory authority to seek voidance of actions taken by public bodies and/or seek injunctive -1- Attorney General's Office 100 Carson Street Carson City, Nevada 89701-4717 relief against a public body or person, and to require compliance with or prevent violations of the provisions of the OML. NRS 3. This Court has jurisdiction of this civil action pursuant to NRS 4. lnjunctive relief may be issued without proof of actual damage or proof of irreparable harm sustained by any person. NRS 5. The Attorney General has authority to investigate and prosecute any violation of Chapter 241 of the Nevada Revised Statutes. NRS 241.039. 6 At all times relevant to this Complaint, Defendant Washoe County School District was a public body within the meaning of NRS 7. At all times relevant to this Complaint, Defendants Barbara Clark, John Mayer, Lisa Ruggerio, Dave Aiazzi, and Howard Rosenberg were Trustees of the Washoe County School District. 8. The allegations in this Complaint that Defendants violated various provisions of the OML arose in Washoe County, State of Nevada. 9. This Complaint was filed within the applicable limitations period in NRS 241.037(3) for a suit to void an action and/or for injunctive relief. ll. OPEN MEETING 10. A public body ?meets? when a quorum of the body is present to deliberate toward a decision or to take action on any matter over which the public body has jurisdiction, supervision, control, or advisory power. NRS 241.015(3) 11. All meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies. A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed. NRS Attorney General's Of?ce 100 Carson SlIeet Carson City, Nevada 89701 -4717 12. NRS 241.031 prohibits a public body from closing a meeting to consider the character, alleged misconduct, or professional competence of a person who is an appointed public officer or who serves at the pleasure of a public body as a chief executive or an administrative officer. 13. A public body desiring to close a public meeting must signify its intent by a motion during the open meeting which specifies the nature of the business to be considered and the statutory authority authorizing the closure. 14. Written notice of all meetings, whether open or closed, must be given at least three working days before the meeting. NRS Notice must include the time and place of the meeting and the public body must have received proof of service of the notice. The notice served upon the person must include a list of general topics concerning the person that will be considered by the public body during the closed meeting and if administrative action against the person may be taken following the hearing, the notice must include an informational statement informing the person that administrative action may be taken. 15. ?There is no statutory exception specifically providing public bodies with the privilege to meet in private just because they have their attorneys present; hence such meetings are prohibited McKay v. Board of County Commissioners of Douglas County, 103 Nev. 490, 491 (1987). 16. In 2001, the Legislature amended NRS 241.015 carving out an exception that allows a ?non-meeting" between a public body and its attorney to receive information from the attorney regarding litigation or potential litigation. A public body may not deliberate or take action on matters unrelated to litigation or potential litigation in a ?non-meeting.? No one besides the public body?s attorney or an attorney representing the public body to attend and provide information regarding litigation or potential litigation to the public body. 17. On July 22, 2014, the Washoe County School District met at the District office to conduct a workshop and training session that began in the morning concluding at midday. -3- 100 N. Carson Street Carson City, Nevada 89701-4717 Attorney General's Of?ce The meeting was to continue after lunch, but President Clark called a ?legal meeting" (non- meeting) excluding the public and employees except for the District Counsel and Superintendent Pedro Marinez. 18. At a break in the morning session at about 11:00 am, President Clark accompanied by Randy Drake, District Counsel, asked Superintendent Pedro Martinez if she could see him in his office. In his office she informed Superintendent Martinez that there was an allegation against him that he was not a Certified Public Accountant. 19. President Clark called a legal meeting (non-meeting: NRS 20. Trustees met with Superintendent Martinez in a non-meeting on the afternoon of July 22, 2014. Counsel began the meeting by informing the Trustees and Mr. Martinez, that he had investigated an allegation that the Superintendent was not a C.P.A., by gathering information from sources in Illinois, where the Superintendent previously was employed. 21. Trustees and the Superintendent discussed the requirements of being a C.P.A. in Illinois in 1992. President Clark stated she was unaware of the difference in holding a certificate and being a licensed C.P.A. Trustees Aiazzi and Ruggerio both indicated that this allegation was a serious matter. 22. Superintendent Martinez left the meeting then returned to the Board Room with a document indicating he held a Certified Public Accountant Certificate from the University of Illinois from 1992. The Superintendent left the Trustee meeting and returned to his office. 23. After the Superintendent left, the Trustees decided that they would terminate the Superintendent?s contract and ask him to resign. Trustees and Counsel then went to the Superintendent?s office to tell him they wanted him to resign. When Superintendent Martinez demanded that the Trustees follow separation clauses in his contract the officers left and returned to the meeting with the other Trustees. 24. After the Trustees returned to their private meeting room, they decided to offer the Superintendent a deal in exchange for his voluntary resignation and immediate departure. 25. Counsel made at least two visits to the Superintendent?s office over a period of an hour and a half to two hours. Superintendent Martinez was told the Trustees were willing -4- 100 N. Carson Street Carson City, Nevada 89701-4717 Attorney General's Of?ce to pay money to secure his immediate departure. They made monetary offers for a voluntary resignation, each of which increased the dollar amount. First it was increased to $100,000 and then in a second offer to $200,000. Superintendent Martinez declined all offers. 26. Following Superintendent Martinez' rejection of Trustee's demands for voluntary resignation, Chief of Staff Kristen McNeel and Deputy Superintendent Traci Davis were told by the President Barbara Clark that "You no longer report to Pedro. He?s no longer your superintendent." 27. Superintendent Martinez was in his office standing next to Randy Drake when Traci Davis came to the office. Superintendent Martinez told her that the Board had fired him. Barbara Clark entered the office at that time and told Ms. Davis that she no longer worked for Superintendent Martinez, that he is not your boss. Ms. Davis then left the office. 28. Later Kristen McNeel and Traci Davis were summoned to the Superintendent?s office where they were again told by President Clark that they did not report to Superintendent Martinez and also that Superintendent Martinez had been relieved of his duties immediately. 29. President Clark addressed the Superintendent?s leadership team that same afternoon at about 4:30 in which she told them Superintendent Martinez no longer worked for the District. This message meant he had been fired. 30. President Barbara Clark addressed Superintendent Martinez? Leadership team (Deputy Superintendent, Chief of Staff, etc.) at about 4:30 on the afternoon of July 22, 2014, informing them that the Superintendent had been relieved of duties and that his deputy and Chief of Staff would take over the Superintendent's duties. McNeel and Davis and the Leadership team knew that the Trustee?s decision was final and permanent. 31. Before Superintendent Martinez left the building he asked Kristen McNeel to go to the District?s interim police chief?s office to tell him not to come to his office to escort him out. Many employees had heard Superintendent Martinez was to be escorted from his office by the District police. He had been fired. 32. President Clark, surrounded by several Trustees, held video press conference on July 22, 2014, in which she announced the Superintendent had been relieved of his duties. -5- 100 N. Carson Street Carson City, Nevada 89701-4717 Attorney General's Of?ce She stated that the decision had been made that day. She was asked what the Board would do for a permanent replacement. She stated that the Trustees would meet shortly to decide whether to do an interim replacement and later decide what their next steps would be. She was asked if she had a candidate in mind; she replied that they had not even begun those discussions. 33. On July 23, 2014, President Clark released a statement that an item for the Trustees July 29, 2014, public meeting had been requested so that the Board could consider and take possible action regarding Superintendent Martinez? employment contract with the District. 34. On July 25, 2014, President Clark released a statement in which she stated that item 3.01 on the Board's July 29th Board meeting had been pulled, but would be rescheduled in August. 35. On July 31, 2014, President Clark released a statement, on advice from outside counsel, that the Board understands that last week's actions may be void under Nevada law, and the Trustees have agreed that last week?s events are void. Clark went on to say Martinez should return to work immediately. He returned to work on Friday, August 1, 2014. 36. Superintendent Martinez did not receive notice that his character, misconduct or professional competence would be discussed by the Trustees in private. The agenda for the meeting on July 22, 2014 did not have an item describing the matters that were discussed by the Trustees nor did any item inform the public that the Trustees would take action several times in private before eventually firing the Superintendent.? CLAIMS FOR RELIEF (All relief available by Law including criminal penalties, monetary fines as deemed proper by this Court) 37. Plaintiff incorporates by reference, as though fully set forth herein, all of the allegations of Paragraphs 1 to 36. 1 Investigation interview transcripts for each of the Trustees named herein which support the foregoing factual assertions are attached hereto as exhibits. -6- 100 N. Carson Street Carson City, Nevada 89701?4717 Attorney General's Of?ce 38. NRS 241.040(4) states in relevant parts: [E]ach member of a public body who attends a meeting of the public body where action is taken in violation of any provision of this chapter, and who participates in such action with knowledge of the violation, is subject to civil penalty in an amount not to exceed $500. 39. The Attorney General has identified six actions that allege the Trustees, and each of them, knowingly and deliberately participated in such actions in violation of the OML. Additionally the Attorney General seeks injunctive relief that will void illegal actions alleged herein to have occurred on July 22, 2014. COUNT I (NRS 40. On July 22, 2014, six Trustees met in private, ostensibly as a ?legal meeting" to discuss the recent receipt by Staff of anonymous information that Superintendent Martinez was not a Certified Public Accountant. Legal meetings are non-meetings authorized by NRS at which a public body may receive information from its attorney regarding litigation or potential litigation. 41. Counsel for the Trustees, Randy Drake, explained that he had investigated the informational tip with various state authorities in Illinois and concluded Superintendent Martinez was not a CPA. 42. Trustees discussed the Superintendent?s status as a CPA. and accused him of ?touting himself as a licensed inferring he was deliberately hiding the fact he was not a CPA. This discussion is prohibited by statute. There was no discussion or deliberation regarding litigation or even potential litigation. Subsequent events demonstrate that it was their discussion that would result in litigation. 43. Trustees discussed this matter among themselves finally determining the Superintendent?s self-proclaimed status as a licensed C.P.A. was a serious infraction, but still there was no mention of litigation or potential litigation, only that the matter needed to go to a public meeting. Trustees knowingly violated the intent of the non-meeting subsection of the 100 N. Carson Street Carson City, Nevada 89701-4717 Attorney General's O?ice definition of ?meeting? in NRS 241.015 when they held a personnel session in private to discuss matters unrelated to litigation or potential litigation. COUNT ll (NRS 241 .040(4)) 44. Trustees final determination to take the matter to a public meeting was action concerning Superintendent?s character, alleged misconduct and professional competence. This action under the guise of a ?legal meeting? with Superintendent Martinez present violated fundamental notice and agenda provisions of NRS and NRS COUNT (NRS 45. Superintendent Martinez was asked to attend the ?legal meeting.? His presence in a legal meeting is prohibited by statute. NRS The enactment of authority for a ?non-meeting? to receive information from the District?s attorney and to deliberate on that information does not allow the public body to consider personnel matters. The presence of the Superintendent and discussion of his legal status as a Certified Public Accountant is a serious and knowing violation of the public trust. COUNT IV (NRS 46. At some point during the Trustee?s private meeting to discuss anonymous information regarding Superintendent Martinez C.P.A. status, the Trustees decided to terminate the Superintendent?s contract with the District. After returning to their Board Room the Trustees, and each of them, decided to go back and negotiate his resignation. Their decision constituted action in violation of NRS 241.020. Trustees took action without notice and agenda. ?Action? includes commitments or promises among the members of a public body as well as formal votes. 2 E33 233 730.100 9.35% (30:2 33% COUNT (NRS 241 .040(4)) 47. Counsel Randy Drake carried the first offer in the amount of $100,000 from the Trustees to Superintendent Martinez in his office. The first offer by the Trustees was made after discussion and deliberation of the least amount that would secure the Superintendent?s voluntary resignation. The presentation of the first offer to Superintendent Martinez was action that violated NRS 241.020. COUNT VI (NRS 48. Trustees made one more offer of $200,000 after two hours of haggling and deliberation. Trustees informed Superintendent Martinez that they wanted him out and were upping the offer to $200,000 for him to leave. This offer stands separately from the first offer and is the result of further deliberation and discussion by the Trustees. As presented to Superintendent Martinez, it was yet another action that violated NRS 241.020. COUNT VII (Injun-ctive Relief; NRS.241.037) 49. NRS 241.036 states that ?The action of any public body taken in violation of any provision of this chapter is void." Furthermore, injunctive relief may be issued without proof of actual damages or other irreparable harm sustained by any person.? NRS The Attorney General seeks injunctive relief from this Court declaring that the actions described in this compliant and as further set out in the Claims for Relief were and are void ab initio. WHEREFORE, THE PLAINTIFF PRAYS FOR RELIEF AS FOLLOWS: 1. That this Court find that the Defendant Washoe County School District is a public body within the meaning of NRS 2. That this Court find that the seven named Trustees knowingly violated the prohibition against meeting in private to discuss the termination of Superintendent Pedro Martinez. l/l Attorney General's O?ice 100 Carson Street Carson City, Nevada 89701?4717 Ulth That this Court find that each named Trustee knowingly participated and took action in private with the goal of terminating Superintendent Martinez contract in violation of the OML. 4. That this court fine each Trustee up to $500.00 per count for deliberate and knowing violations of the OML. NRS 5. That this Court find that Board President Clark, before calling a legal meeting, did not determine whether the discussion of Superintendent Martinez? legal status as a Certified Public Accountant, termination of and subsequent deliberation towards Superintendent Martinez? contract, was authorized by a ?legal meeting.? NRS 6. That the Court find that the Trustees met in private on July 22, to deliberate and/or make the decision to terminate the employment of WSCD Superintendent of Schools Pedro Martinez. 7. That the Court find that six Trustees deliberated in private without benefit of notice or agenda on July 22, 2014. 8. That this Court find that the Trustees violated NRS 241.031, when on July 22, 2014 six Trustees, following private deliberations in which the Trustees deliberated on Superintendent Martinez? professional competence, character, and misconduct as related to the Superintendent?s status as a Certified Public Accountant, took action - whether by consensus or vote - and made two financial offers to Superintendent Martinez to voluntarily resign. 9. That this Court find Trustees? private deliberations, discussions, and actions on July 22, 2014, authorizing a negotiation with Superintendent Martinez to voluntarily resign constituted action in violation of the NRS 241.020 and is void. 10. That the Trustees? private meeting on July 22, 2014, violated the prohibition against closure of public meetings in the absence of specific statutory authority. 11. That this Court otherwise grant Plaintiff such further and other relief as is just and appropriate under the circumstances. -10- 100 N. Carson Street Carson City, Nevada 89701-4717 Attorney General's Of?ce AFFIRMATION PURSUANT TO NRS 2333.030 The undersigned does hereby affirm that the preceding COMPLAINT UNDER NRS 241.037 filed in the First Judicial District Court of the State of Nevada does not contain the social security number of any person. DATED this 0741!: day of September, 2014. CATHERINE CORTEZ MASTO Attorney General By: GEORGE H. Senior Deputy Attorney General Bureau of Government Affairs Open Meetin Law (775) 684-12 0 -11- Nevada Office of the Attorney General 100 North Carson Street Carson City, NV 89701?4717 INDEX OF EXHIBITS ?Eghibi?t No.? Exhibit Deseription Pages Transcript Interview of Barbara Clark, 1 August 5, 2014 45 Transcript Interview of Pedro Martinez, 2 July 28,2014 48 Transcript - Interview of Tracy Davis, 3 July 31,2014 29 Transcript - Interview of Barbara McLaury, 4 August 4, 2014 39 Transcript Interview of Howard Rosenberg, 5 August 5, 2014 35 Transcript - Interview of John Mayer, 6 August 4, 2014 33 Transcript Interview of Lisa Ruggerio, 7 August 5, 2014 38 Transcript Interview of Dave Aiazzi, 8 August 4, 2014 24 Transcript Interview of Kristin McNeeI, 9 August 1, 2014 25 Transcript Interview of Estela Gutierrez 10 August 27, 2014 29 Exhibit 1 Exhibit 1 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL RENO, NEVADA TRANSCRIPT OF INTERVIEW BARBARA CLARK AUGUST 5, 2014 RENO, NEVADA Transcribed and CAPITOL REPORTERS proofread by: BY: Michel Loomis 208 North Curry Street Carson City, Nevada 89703 (775) 882-5322 CAPITOL REPORTERS (775) 882-5322 A A A Office of the Attorney General: CAPITOL REPORTERS (775) 882-5322 Jennifer Davies, Deputy Chief Investigator 5420 Kietzke Lane Reno, NV 89511 jdavies@ag.nv.gov Robison, Belaustegui, Sharp Low By: Kent Robison, Esq. 71 Washington Street Reno, NV 89505 Maupin, Cox Legoy By: Michael E. Malloy, Esq. 4785 Caughlin Parkway Reno, NV 89519 RENO, NEVADA, TUESDAY, AUGUST 5, 2014, 3:05 P.M. ?oOo- MS. DAVIES: Today's date is August 5th, 2014. The time is approximately 3:05 p.m. This is an interview taking place at the law office of Kent Robison at 71 Washington Street in Reno. Present in this interview is myself, Jennifer Davies, deputy chief investigator, Kent Robison, Mike Malloy is it Malloy? MR. MALLOY: Malloy. MS. DAVIES: Why did I just have a MR. MALLOY: You started to put an or an there. MS. DAVIES: I was going to say something like that. Mike Malloy and Washoe County School District president Barbara Clark. MS. CLARK: Correct. BY MS. DAVIES: Q. Barbara, you are aware that I'm tape recording this? A. Yes. Q. And I have your permission to do so? A. Yes. Q. Okay. So what I want to do is just go through CAPITOL REPORTERS (775) 882-5322 the events that took place, I know it was a long emotional day, but the events that took place on the 22nd. And I'll kind of maybe stop you a little bit in and we'll kind of dissect and get a little bit more specific. A. Okay. Q. So, if you can just tell me from the start of that morning and start to go through what happened. A. I believe in the morning portion that vice president Barbara McLaury and I and Randy Drake met with Pedro, indicated that we had -- someone had called and indicated that they weren't sure that Pedro was a CPA and we had done some brief investigation, some investigation that indicated he was not a CPA and wanted to hear what he had to say. Q. Okay. And you say we in terms of a brief investigation, who is A. The -- Randy. Q. Okay. A. And our internal auditor. Q. Okay. Did you have A. Who received the the information. Q. Okay. So, it was the anonymous complaint or the complaint, the allegation came in through the auditor? A. Correct. Q. And then did the auditor bring it to your CAPITOL REPORTERS (775) 882-5322 attention? A. Correct. MR. ROBISON: Can I approach? MS. DAVIES: Sure. MR. ROBISON: I think there's some information about the identity of this anonymous source. I just wondered if you know that. MS. DAVIES: And I was going to ask that eventually, yes. MS. CLARK: I don't believe it's anonymous. BY MS. DAVIES: Q. Okay. So, let me back up just a little bit. When you and Vice President McLaury and Randy Drake spoke with Pedro, had this been before you had called a legal meeting? A. Yes. Q. Okay. So, this is at the very beginning of the of the morning? A. Yes. Q. Okay. I just wanted to make sure I was clear of kind of our time frame, so. So, you meet with -- with Pedro and tell him that there had been this complaint that was purporting himself to be. What was discussed in that initial meeting? A. He indicated that, you know, he didn't know, said CAPITOL REPORTERS (775) 882-5322 was never said he was a licensed CPA, it was very short. Q. Okay. And did you A. He didn't give much information, didn't seem to be too concerned. Q. Pedro didn't seem to be too concerned? A. Correct. Q. Okay. Did you inform him that you had done a brief internal investigation to A. Yes. Q. Okay. So, then -- then what happens? A. Then we go back and we have a meeting on board docs. Q. Okay. A. And then I talked with Randy about whether or not we could call a legal meeting because it's not my role as an individual trustee to see whether or not this was an issue with the board or not, so we went ahead and called a legal meeting. And at that point I indicated that this had arisen. Pedro was with us in the room. Q. Okay. A. He indicated it was fine to have this conversation regarding this issue. And Randy told a little bit about the facts that had been found through the investigation with Illinois, whatever groups handles CPA. And then I said to Pedro, Pedro, do you want to talk about what PAPITOL REPORTERS (775) 882-5322 your feeling is regarding this and he did. And Q. And what was his response? A. You know, he was upset. I didn't know. I never signed the document, an audit, no big deal, I'll just go out and talk to the public, they'll listen to me. I never said I was a licensed CPA. He went and got this document from his office on saying that about being a CPA. And I think there was some questions, you know, about about that and why does the Illinois say that you're not, you can't call yourself that. You know, he was kind of upset. Q. Okay. A. And then he left. We had a feeling that we really needed to take this to a public board meeting and have a discussion regarding it. Q. So, you had mentioned something just a minute ago that you didn't feel that it was your individual as a trustee it was your individual right to I don't want to mix up your words A. Well, the -- the Q. About calling -- A. school district board operates as a whole. It's the majority of, you know, it's a voting body that As chair I feel my role as a operates as a whole. facilitator. I don't make decisions on behalf of the board, CAPITOL REPORTERS (775) 882-5322 it's always a joint decision. Q. Okay. A. So, I would not ever make a decision on my own. I might a decision is yes, we're going to put out this agenda or this, but something, you know, I don't do that. Q. Okay. Let me just how do you as the president get elected or chosen from the board? A. In January our first meeting of the year we do an election. Q. Okay. From within the board, within those trustees? A. Correct. Q. Okay. And so those trustees then elect you as president, Barbara McLaury as vice president and Lisa Ruggerio as clerk? A. Correct. Q. So is there anything different that you as an officer hold that the trustees who are not officers do not? Is there anything besides facilitating meetings or I mean, I'm trying to -- A. Signing documents. Q. Okay. A. The agendas, I'm trying to remember what the list is. Q. Okay. CAPITOL REPORTERS (775) 882-5322 something needs to be done in between meetings, that needed to be done right away. MR. MALLOY: You preside over the meetings. MS. CLARK: I preside over the meetings. BY MS. DAVIES: Q. So, those would be your responsibilities as president that one of the -- just trustees that is not an officer would not? A. In my absence the vice president would. Q. Okay. A. In the absence of the vice president the clerk would. In the absence of those three somebody else would. Q. Okay.r A. Facilitate the meeting if there was a quorum. Q. Okay. So, then are you the individual who then actually gathered the trustees and the other officers after that board docs meeting to say we need to have a legal meeting? A. Yes. Q. Okay. And were you the individual who said who told the group this is the concern, this is our issue? A. I indicated that there was a concern, that it was someone had called and indicated that Pedro may not be a CPA. Q. Okay. A. That there was again an initial investigation CAPITOL REPORTERS (775) 882-5322 with the authorities back in Illinois who said he was not and could not. Then I asked Randy, because Randy had also called as part of the investigation. If he had anything further he wanted to say and he made a few remarks and then I asked Pedro, I said Pedro, what would you like to say? Q. Okay. And that's when Pedro showed you his certificate, didn't seem too concerned. And and what else did he say? A. I guess what I want to say concerned is he he didn't seem.concerned that there was an issue with calling yourself a CPA. Q. Okay. Okay. So, after this part of the meeting what happened? A. So, he had left and the feeling was that we needed to have a public board meeting. So, going to go back and convey that. Q. And you speak of A. We -- or Q. Okay. A. the attorney and I and then the vice president and clerk decided that we would go together as officers and the attorney. Q. Okay. A. So, we went into Pedro's office. Q. Okay. CAPITOL REPORTERS (775) 882-5322 lO Indicated that we felt that this information needed to be discussed and that we were going to post an open board meeting with this as one of the items on it. You know, I don't know whether it was going to be amongst other things or something, whatever, but Q. Okay. Were you the one who told Pedro, did A. I did. Q. Okay. So, you told Pedro that that the board felt that this information needed to be discussed and that you were going to have a public meeting regarding these issues? MR. ROBISON: Had it been discussed at a public meeting. MS. DAVIES: Yes. MS. CLARK: Had it been discussed at a public meeting, yes. BY MS. DAVIES: Q. Okay. What was Pedro's response at that point? A. He instantly -- I believe he instantly brought up his contract. Q. Okay. A. And said, you know, something about having an open meeting or something along that way, along that line. So, I yeah, I can't let me back up. I think he said sorry, all of a sudden I'm going blank. Q. That's okay, take your time. Take your time. CAPITOL REPORTERS (775) 882-5322 11 You know, he was concerned about the open meeting. He was upset. At some point, and sorry, I don't know whether this was before he brought up about his contract or sometime during that thing he said, you know, I'm going to call the governor, I'm_going to call Arnie Duncan, the public won't be behind you. And then it seemed to me that fairly quickly and truly, you know, it was kind of traumatic because of his reaction when, you know, I thought it was going to be simple about we're telling you we're going to have this open meeting. He started in on talking about his contract. Q. And what was he saying about his contract? A. That, you know, he wanted he felt that his contract, you know, he needed to be there was notice for meetings. Q. Okay. A. Something about the notice of how long meetings would take, something about if you were going to talk about acts that would you?d have to notice this or if you're going to talk about why you'd have to notice this. Q. Okay. So, he brings up the issue of his contract. What is what is your A. About noticing -- in relation to noticing the public meeting. Q. Okay. What is your response or what do you say CAPITOL REPORTERS (775) 882-5322 12 response to that to him? A. Well, it was really I think the attorney that responded. Q. Okay. A. You know, he I don't remember exactly what Randy said, but he was getting more and more agitatedsome point during that conversation he started talking about MR. ROBISON: Say who said MS. CLARK: I'm sorry, Pedro. Superintendent Martinez was getting more and more agitated. At some point he started saying something about 90 days, 90 days, 90 days. He said, you know, I'll leave, but you'll have you'll have to pay me the full payout, all the vacation, sick pay, you have to give me 90 days' written notice or something like that. And so he said don't -- you know, I want my full payout. I want 90 days? notice. So, at that point we got up, went back to the board room, indicated that -- BY MS. DAVIES: Q. Let me stop you just really quick before we go back there. At this point had you or Randy Drake or any of the other officers mentioned any sort of severance package or the need for such? CAPITOL REPORTERS (775) 882-5322 13 Okay. AZ Because it was that wasn't our intent or purpose was have an open meeting to have a discussion regarding this. He then all of a sudden, you know, he started talking about his contract and about his payout. Q. So, the intention when you and the other officers and Randy Drake walked down to his office that first time was to just simply inform him of the fact that you and the other officers and trustees wanted to put this out to be discussed at a public A. Yes. Q. at a public meeting? A. Yes, that was the intention. Q. Okay. A. Because the as a board if you're given information it?s your duty and responsibility to act on that information. But then it has to be done in a public board meeting. Q. Okay. so, now you go you decide to leave his office and go back to the board room, what happens then? A. Then Randy says he's asking for this, this and this. I think at that point there was, you know, people were kind of scattered around and I think it was Dave that said go CAPITOL REPORTERS (775) 882-5322 14 back and negotiate with him. Because I think I probably said at one point there's no way that we're going to pay him a full amount because I think we were kind of figuring out what that amount might be and someone mentioned around 350 to $400,000. So, Randy then went back and there was several back and forth discussions coming back with a different price. Q. Okay. Do you know A. A different amount. Q. Do you know who was having I know you said it was really scattered and -- but do you know who was having those conversations back and forth, you know, Randy A. I think Dave was was the attorney. Q. Okay. A. And as I say, I think I said to the attorney that's I I'm not interested in paying that amount. By that time quite frankly I?m a little shellshocked because this is and so I didn?t pay attention to the conversations because I don't even remember where people were. I think Barbara McLaury was Barbara McLaury and I were sitting and everybody else was standing elsewhere in the room. Q. Okay. A. So, we went back and forth. Q. Can you tell me what happened to end that back and forth or that discussion that Drake was having with Pedro, what kind of brought that portion of your meeting to an end? CAPITOL REPORTERS (775) 882-5322 15 Pedro MR. MALLOY: Discussion? MS. DAVIES: The discussion, yeah. MS. CLARK: Pedro left and Randy indicated that he left the building. And no, let me I was standing out in the hallway and I saw him walking out the door. And he was with HR chair. BY MS. DAVIES: Q. Okay. A. And there was somebody else and I don't remember who it was. He walked out the door and then Randy came back. Q. Okay. Why had you left the the board area and and stand in the hall, just -- A. That's where we were just milling around. Q. Okay. While you were waiting for Randy to come back? A. Right. Q. Okay. So as you were standing in the hallway were you anticipating Randy before you saw Pedro leave, were you anticipating Randy to come back with another A. Yeah. Q. option or something from Pedro? A. Yes. Q. Okay. So that was when everybody was just kind of hanging out waiting? CAPITOL REPORTERS (775) 882-5322 l6 Yes. Q. Okay. So you see Pedro leave and then what happens? A. Then somebody suggested that we go down to the superintendent?s office. Q. Do you remember who suggested that? A. Maybe Lisa. Q. Okay. A. So we went down there and tried to figure out what the heck happened. So, you know, Randy said he wouldn't agree well, let me obviously Randy said something to the effect that he wouldn't come to any agreement, they couldn't come to any agreement and that he left. Q. Okay. A. And then we went down to -- I think he must have said that I don't remember where he said might have said that when we went down to the superintendent's office. Q. Okay. And so what was your discussion actually who was in the superintendent's office at this point once Pedro had left? MR. MALLOY: And for purposes of clarification, when you say the superintendent's office you mean literally the office itself as opposed to only the other parts of the suite, so to speak. CAPITOL REPORTERS (775) 882-5322 17 MS. DAVIES: Yes, yeah. MR. MALLOY: Because I think there's an ante room MS. DAVIES: Right MR. MALLOY: -- and a couple of doors. MS. DAVIES: Right. MS. CLARK: I remember Randy being there. I remember Lisa being there for sure. Probably I don't know, because then later I can see Barbara and John sitting out in the ante room on the couch. So I don't we may have all been in there at one point. MR. MALLOY: Don't speculate. MS. CLARK: Okay. MR. MALLOY: If you know, say so, if you're not sure, say that. MS. CLARK: I don't know. I know there was several of us. BY MS. DAVIES: Q. Okay. So you go to Pedro's office to discuss what just happened? A. Right. Q. And what was said, what A. That he had left. So, our oh yeah, that he had left. And so at that point we decided that we needed to indicate that, you know, he was relieved of duties because it CAPITOL REPORTERS (775) 882-5322 l8 looked like he was done and out the door. So -- Q. What made you believe that he was done and out the door and A. Because I believe the attorney Randy told us that I think he said something to the effect that he he was done. was done. It wasn't he didn't want to negotiate. I don't know whether at that point he said something about that he was I don't remember, going to sue the school district, I truly don't, I'm sorry. Q. No, that's understandable, I'm trying to figure out how you come to the conclusion that he you know, since he has left and you've seen him walk out that then you come to the conclusion that, you know, he's been relieved of his duties and then, you know, the events unfold after that? A. Yeah, that's -- Q. As opposed to him just walking out because, you know, he's leaving for the day and he'll be back tomorrow. That wasn't the impression at all in A. No, no. that room. It was that he had left. And I don't remember unfortunately what the exact words were used. Q. Okay. But it was from information that Randy Drake had given you regarding a conversation that he had had prior with Pedro A. Yes. Q. during one of their discussions? CAPITOL REPORTERS (775) 882-5322 19 Yes. Q. Okay. So, you you guys decide, and I speak of at least I should say you and Randy because we know that those are two of the people that are in this conversation. What happens, then you decide that you have to indicate that he's been relieved of his duties, so what transpires after that? MR. MALLOY: After what? MS. DAVIES: After after the decision that they need to make indication that Superintendent Martinez has been relieved of his duties. Because MS. CLARK: But I think -- MS. DAVIES: he as Barbara just said that he had left. MR. MALLOY: Yes. She's responded to that. MS. DAVIES: And so right. And so she indicated that she just said that they needed to to indicate that he had been relieved of his duties, which is where I was trying to go is figure out how by him leaving you come to that conclusion and then make the decision to to I think. MS. CLARK: Well, MR. ROBISON: Can we do this, Jennifer, just ask a question. MS. DAVIES: Yeah, that's what I?m asking. MR. ROBISON: Well, that was a long explanation. CAPITOL REPORTERS (775) 882-5322 20 MS. DAVIES: Well, no, that was his response but here's the thing, and I understand you guys are attorneys, I'm an investigator, I'm trying to find the facts. This isn't information that, you know, we're in a court, you know, saying you're going to object to, you know, whatever. MR. ROBISON: You're right. MS. DAVIES: I'm trying to get the facts and every time we stop then it stops MR. ROBISON: I wanted to reset and get it -- MS. DAVIES: I know, but it's like we're we're arguing over semantics and wording. MR. MALLOY: No, no, no. No, please don't let MS. DAVIES: And I'm trying to find out what happened. If somebody leaves a room I am not going to just automatically make an assumption that they've quit their job and they're leaving. So that's what I'm trying to find out is how do you get there. MR. MALLOY: All I was asking for clarification to your question, I'm MS. DAVIES: Right. And so that's where I'm going, how do you get to that point. MS. CLARK: To my best recollection, and I don't recall, it was about he was going to sue us. They couldn't come to an agreement on the contract because he's the one that I'll leave if you pay said he was going to leave. You know, CAPITOL REPORTERS (775) 882-5322 21 out all this money. And then started that conversation about what his package would be. At the end he said well, I?ll just sue and we'll go from here. BY MS. DAVIES: Q. Okay. A. I believe that's what the I don't remember what the exact words, but that?s what I believe occurred and so it was final. Q. So that was your impression -- A. Yes. Q. of the information that you were given? A Yes. Q. That he was going to sue, that it was final that he was walking out? A. Yes. Q. Okay. A. Exactly. Q. Okay. A. I apologize, it was so stressful. Q. Sure. A I I truly don?t remember the exact events because it was just kind of like being shellshocked because that was never the intent. Q. Okay. And I understand and from speaking with, CAPITOL REPORTERS (775) 882-5322 22 you know, the other trustees and officers, you know, that's the same impression that they'd been giving that everybody was very shocked and emotional. And so that's why we're kind I'm trying to break it down and so A. Sorry. Q. That's okay. And if you don't remember, you don't remember. Like I've told everybody I don't want you to, you know, try and speculate or remember something that you don't. So, when you're in Pedro's office and he has left and now you guys are trying to decide that you need to inform people or staff, how do you do that, I mean, how do you come to that conclusion who you're going to inform that he's been relieved of his duties? A. Well, we asked the communications director to come over and help us decide what the next steps were. Q. Okay. And what were those? A. About a press release going out. Q. Okay. A. During that conversation press release, a connected call and go talk to the leadership staff. Q. Okay. Who made the decision to to actually go forward with the press release, was that you, was that you in conjunction with Randy Drake, was that just Randy, who who made that decision? CAPITOL REPORTERS (775) 882-5322 23 Well, I know I was there. Yeah, I think Randy was there too. Q. Okay. A. Because all of a sudden we have an absence of a person there. And again, the conditions under which he left was like wow, you know, what are we going to do? Q. Okay. A. He had you know, my personal feeling, not that I verbalized it, but, you know, he's going to go out there and sue us and say something or other, we have to look like we can conduct business in a normal fashion. And so that was my intent that a press release needed to go out so that we had something out there going unfortunately, relieved of duties, everything will continue as it has. Q. Okay. So prior to making the press release and speaking to the leadership team did you speak with the deputy superintendent and the chief of staff prior to those A. I did speak to them. Q. Okay. A. I believe it was before. Q. Okay. A. Yes. To the best of my recollection it was before we did the press release. Q. Okay. CAPITOL REPORTERS (775) 882-5322 24 communications department. after. Q. Or talked about the press release with the Or it might have been right there Okay. And that timing isn't too critical. Was it definitely before you actually gave the press release to the media? A. Q. Yes. Okay. And was it before you talked to the leadership team? A. Q. A. Q. Yes. Okay. So prior to both of those? Yes. Who was in the meeting when you spoke with Deputy Superintendent Tracy Davis? A. Q. K) them? A. Well, they were both there at the same time. They were? Yes. Okay. So, you spoke to both of them together? Correct. Okay. And what was what was told to each of remember which name I used. Q. A. That Superintendent Martinez or Pedro, I don't Okay. Was relieved of duties. Had no idea. He was CAPITOL REPORTERS (775) 882-5322 25 relieved of duties and that we needed for them to step up and take on the responsibilities of making sure that the district was running okay from that minute on. Q. Okay. A. Because didn't know if something was going to come up that had to be addressed. Again, you know, it's the district is 24/7 every minute of the day there out, had no idea what was going to happen or any timeline whatsoever, but knew that there had to be somebody in place that could address any issue that immediately came up that evening or the next morning. Q. Okay. Did you ever tell Tracy Davis or Kristin McNeel that Superintendent Martinez has was being placed on administrative leave? A. To the best of my recollection, I think I said relieved of duties. Q. Okay. Had you ever used in your conversation with them at this time, had you ever told them that Superintendent Martinez as I speak of them, Tracy Davis and Kristin McNeel, that Superintendent Martinez's contract had been terminated? A. No, I don't not to my recollection I don't believe I said that. Q. Had you ever told Tracy Davis or Kristin McNeel that Superintendent Martinez had been fired? REPORTERS (775) 882-5322 26 MR. ROBISON: You have to be verbal. MS. CLARK: No. BY MS. DAVIES: Q. Okay. A. Again, that was never the intent, so I wouldn't ever say that. I I don't believe I said that. Q. Okay. So to the best of your knowledge you had said that he had been relieved of his duties? A. Yes. Q. Was it your impression that those that that was a temporary or a permanent event? A. His relieving of duties? Q. Yes. A. Temporary. I have no idea what was going to unroll out. Q. Okay. A. Again, we have to go to a public meeting and have So that was the intent, that was the goal, a conversation. that was still the goal. Q. Okay. A. Because you still have to do the contract. Q. Okay. A. And notice and all of those things. Q. So, then after you speak with Kristin and Tracy at some point you inform the leadership team of the events CAPITOL REPORTERS (775) 882-5322 27 that took place. Do you remember what you told the leadership team? A. I believe I said that he was relieved of duties. Q. Okay. A. Very sad, very gut wrenching, couldn't talk about it. Q. You couldn't talk about it because you were emotional or you couldn't talk about it because it was a personnel issue? A. Correct, that it was a personnel issue. Q. Okay. A. I believe I did use the words personnel issue. Q. Okay. I just wanted to clarify. A. Yeah. You know, but again, we have nearly 8,000 employees and they're there doing their job every day, yesterday, today and tomorrow. And that we relied on them to continue doing their best efforts. MS. DAVIES: Kent, I just want to make note, I think your tape just clicked. MR. ROBISON: Thank you. MS. DAVIES: You're welcome. Do you want me to pause for a minute? MR. MALLOY: I haven?t seen that happen, flipping a cassette over like that. MS. DAVIES: Sorry. CAPITOL REPORTERS (775) 882-5322 28 MR. MALLOY: Brings back fond memories. MR. ROBISON: Take this. MS. DAVIES: A good time to get a good laugh. Sorry it was at your expense. MR. ROBISON: It won't be retaliation. MR. MALLOY: Yeah, well, most of the laughter at my expense I might add. It was my turn, I take every opportunity I can get. MS. DAVIES: Good. BY MS. DAVIES: Q. Sorry. A. That's okay. And I also indicated that Tracy and Kristin had agreed to step up and take the responsibility on in the interim, you know, whatever time space there was to make sure that things kept rolling along. Q. Okay. A. I didn't use rolling along, but Q. Sure. So then after the leadership meeting or after you informed the leadership team of the events, at that point was it about the time that then you went and made your press conference? A. No. Q. What happened? A. Well, shoot, no, it wasn't right after that I don't think. I guess it was. I don't think it was right CAPITOL REPORTERS (775) 882-5322 29 after, but at some point within some short time frame it was the press conference. I don't recall the exact timing. At some point yeah, no, because Pedro came back. Q. Okay. A. And he came back and walked into the office and I was in the that ante room, you know, where the secretaries' desks are. Q. Okay. A. And he walked in and then went into his office And I said Pedro, and started rummaging around on papers. what are you doing? And he never responded. Asked a couple of times. Finally he said he was looking for his contract. And I think I said well, do you want us to e-mail that to you? I said I'm sure Randy has it, he can e?mail it to you. And he said no, no, no and kept going through a whole bunch of different papers. And then I believe he started talking again to Randy about his contract and about negotiating money again. At some point Dave was in there being part of the I was walking in and out. conversation. I couldn't tell you, I didn't really pay attention to the money or anything. I was stressed about the other things and the the press conference coming up. JuSt if it happened after that. Q. Okay. it did. A. Yes, Because the rest of us and then CAPITOL REPORTERS (775) 882-5322 3O Lisa had gone in and sat down. The rest of us had did the press conference, because I remember very specifically that I said something about it, you know, all of us are here together and then somebody no, that was then I gave the statement, sorry, I gave the statement that we had made up and said that. There was a couple of questions. Q. Do you remember A. And then we left. Q. Do you remember what those questions were? A. Well, I remember one in particular because the reporter called me again the next day and asked me about it and I had to look at what I said. Well, there was one question about how did you think Pedro how was he a superintendent over the last couple of years and I didn't answer that one. Another question was when I went back and looked at the media thing I didn't hear it when I was in the thing, something about are you going to get somebody permanent? I responded, however, that we were doing something interim. Q. Okay. A. And I don't remember my exact words. Q. Okay. So when you talk about doing something interim, what what were you meaning, what did you mean? A. Again, that minute that next day somebody had to be there that was going to be able to address anything that CAPITOL REPORTERS (775) 882-5322 31 came up in the school district. Q. Okay. A. And I had no idea what the timeline was going to be. Q. At that point had you even thought of something permanent? A. No, no. No. There was no. Q. Okay. Why? A. Again, because we went in there to set up a public meeting and it just went totally off the rails. And, you know, Pedro went off and behaved in a way that there were I never even imagined or thought of. There was no planning, obviously, because probably would have done it better if there was some kind of planning obviously. There was absolutely no plan other than talking to him about telling him there was going to be a public meeting. Just absolutely no thought to the future other than the immediate need of tomorrow. Q. Okay. To your to the best of your knowledge and what you remember, do you remember any of the officers telling Pedro any of the that he had been placed on administrative leave other than yourself since you already answered for yourself? I'm just -- do you remember any of if Barbara McLaury or Lisa Ruggerio or Randy Drake had said that to CAPITOL REPORTERS (775) 882-5322 32 Pedro? A. I don't recall. Q. Okay. What about that his contract had been terminated? A. No, I don't recall. Q. Okay. And then what about if he that he had been fired? A. I?m pretty sure those words were never used because that was never our intent. Q. Okay. A. I mean no. Q. Sure. A. No. Not that I heard. Q. Okay. A. As far as I remember. Q. I don't want you to go into detail about this, it's just a simple yes or no question, but at the beginning of the morning when you met with Randy and throughout the day, did Randy as counsel give you legal advice as to what to do or what not to do? All I want you to do is answer yes or no. A. No. Q. Okay. Well MR. MALLOY: Yes or no is the only you answered it already. CAPITOL REPORTERS (775) 882-5322 33 MS. DAVIES: Q. I just don't want I don't want you to share any client?attorney privilege, so what I'm asking is at any point during the day did Randy give you legal advice as to what to do or not to do? MR. MALLOY: Yes or no. BY MS. DAVIES: Q. Regarding any of the situations? A. I I would say no, other than saying that we could have a legal meeting. Q. Okay. A. But no. Q. Okay. A. But that was advice. Okay. 39' 10 I'm sorry. Q. No, that's okay. MR. ROBISON: You're not (inaudible), you're doing fine. BY MS. DAVIES: Q. No, you're doing great. So, let me ask you how then after the 22nd meeting and you make the press conference and then at what point is there discussion, if any, about Pedro returning to work? A. Not until I had a conversation with my attorney CAPITOL REPORTERS (775) 882-5322 34 about he recommended Q. And you don't have to share. MR. MALLOY: Go ahead. BY MS. DAVIES: Q. Okay. Go ahead. MR. ROBISON: I'll wait. BY MS. DAVIES: Q. Go ahead. A. It wasn't until it was a recommendation that I put out a statement. Q. Okay. And was that that statement was was crafted and written by yourself and your counsel A. Correct. Q. -- Kent Robison? Was there any other officers or trustees involved in writing that statement? A. No. Q. Okay. And so then was that statement written between you and Kent during the July 29th meeting that you had here at counsel's office regarding other issues, but was that the time that that was written? A. Yes. Q. Okay. And then it was dated the Blst, which is when you you put out that statement July Blst; correct? A. I?ll take your word for it. PAPITOL REPORTERS (775) 882-5322 35 Okay. A. For what the day was. Q. Okay. Well, he came back to work on August lst, which was Friday -- A. It was the day before. Yes. Q. Okay. So let me ask you. In here you discuss -- there's a part in here where you say, "Rather than debate this complicated issue we have agreed that last week's events are void." What do you mean by last week's events are void? How can you explain that to me? A. I I believe that we're resetting. Q. Resetting what? I mean, when you say void regarding the last week's events, kind of give me your A. Pedro was -- as we said, he was never terminated, he was relieved of duties, asked him to come back. Q. Okay. So that's what you were talking about when you wrote your statement saying that last week's events were void? A. Correct. Q. Okay. That's what I was trying to get, but I didn't want to put words in your mouth. A. No. Q. So on that same day, on July 29th, there was a court filing in reference to deficiencies that regarding REPORTERS (775) 882-5322 36 Pedro Martinez. Do you know what deficiencies Pedro Martinez has at this point that are a concern to the trustees or officers? A. deficiencies? Q. deficiencies? A. Q. A. Q. A that What Q. I don't know what you're talking about. What are Or what do you mean, that his shortcomings? Yeah, within, you know, professional No. Okay. So you're not aware of any? Am I aware of the filing? Well Was there a filing that stated deficiencies, is you're saying? I would And I'm aware of that? Yes. I don't know what's in the filing, no. Okay. Are you I wasn't a party to that. Okay. Are you personally aware of any professional deficiencies that would raise concern to the board or to the officers and trustees? A. Do I have personal concerns about deficiencies and the superintendent? Q. Yes. CAPITOL REPORTERS (775) 882-5322 37 Yes. Q. Can you share with me what those are? MR. ROBISON: What's this got to do with the open meeting? MS. DAVIES: It it's part of the second complaint that came in so I'm trying to -- MR. ROBISON: Where they where they accuse the board of meeting, discussing his performance at a meeting and then publishing concerns that were expressed about his performance at a meeting? MS. DAVIES: And if that's what the whole complaint says I'll take your word for it, I have not read the whole complaint. However, that is part of their complaint so that's why I'm asking MR. ROBISON: I don't think anybody's ever complained about whether or not any specific or individual trustee has issues with his performance. But I'm going to -- let me just let?s go forward. MS. DAVIES: I mean, I'm just, I'm just curious, I MS. CLARK: Well, he had an evaluation, I listed out what my concerns, some of my concerns were in the evaluation. BY MS. DAVIES: Q. Okay. CAPITOL REPORTERS (775) 882-5322 38 has issues with communications. Q. Okay. A. You can look at the evaluation and see what is stated in that. Q. Okay. Anything else that you feel? A. Well Q. I mean, I don't want A. I'm not quite sure how that applies because I everybody has personal opinions on everybody. I'm not sure that we never discussed anything on when we were together about that. The only thing I remember is talking about the statement that we sent out. Q. Okay. A. So, you know, if I sit here and say I think Pedro is an apple, an orange and a pear how do I know that that's not going to be used against me as an individual? I I guess I'm concerned. Q. No, I understand. A. Because I have -- you know, just as you have personal feelings about, I have personal things about my interactions with him. Q. Okay. A. I I guess I would seek advice of my attorney. Do you want me to list them all of what they are? MR. ROBISON: Well, the only accusation I'm aware CAPITOL REPORTERS (775) 882-5322 39 that you and your fellow trustees sat down at a meeting and discussed his performance and highlighted some deficiencies. I think you made it very clear MS. CLARK: During the evaluation process. MR. ROBISON: No, they're referring to the meeting in this office. MS. CLARK: No. MR. ROBISON: You said that didn't happen. I know it didn't happen. The point is whether or not you're expected right this moment to express any opinions you have about deficiencies which have nothing to do with any meeting you've had with the trustees is the question. MS. CLARK: Yeah, I'd rather not state what I personally feel. BY MS. DAVIES: Q. Okay. A. Other than what's in the evaluation, which is a public document. Q. Okay. Let me just MR. ROBISON: Can I interject something? MS. DAVIES: Sure. MR. ROBISON: And I really apologize. If Mr. Martinez returned to work on the lst, I think the meeting that we've been referring to on the 29th occurred on the 31st. MS. DAVIES: Okay. So was the CAPITOL REPORTERS (775) 882-5322 40 office. MS. MR. possibility. MR. MS. ROBISON: The meeting the legal gathering DAVIES: Happened the day before. MALLOY: I think that came up yesterday as a ROBISON: Yeah, and I'm DAVIES: Well, and I know yesterday we discussed specifically the date of the filingthe record a MS. any of the others. MR. MALLOY: MS. mention of it on the tape that it's inaccurate. MALLOY: That was DAVIES: And we confirmed that is the 29th. ROBISON: The meeting MALLOY: The meeting was held on the 3lst. DAVIES: Was had on the Blst. MALLOY: Remember I was wondering about that little bit -- DAVIES: So, this is not on the record for And I will just make a note in my report. Yeah. DAVIES: At the beginning that when I make In my report I'll reflect that it is the 31st and then -- MR. MALLOY: Yeah. MS. DAVIES: and I'll just make a note that that MR. MALLOY: I'm glad we caught that because I CAPITOL REPORTERS (775) 882-5322 41 was wondering. MS. DAVIES: So, my apologies. MR. ROBISON: It's my MS. DAVIES: And thank you for bringing that up. So you guys know when I make when I write my report I'll just MR. MALLOY: Yeah, thanks, thanks. MS. DAVIES: make one big kind of like footer or header just noting that, so. Okay. I think that's all. That's all I have right now. I?m sure I'm_going to walk out the door and think of something else, but at this point I don't have any other questions. Kent, do you have any? MR. ROBISON: No, but I want to assure you that if you do have further questions of any of the trustees and you want them to respond to questions that you did not ask, please feel free to contact us, we will get the trustee that you want to talk to on the phone and we'll let you ask any further questions. MS. DAVIES: I appreciate that. And I think that for any additional it's probably if that happens it's very minimal, so it would be much easier to just get them on the phone and not disrupt everybody?s entire day. So I appreciate that. MR. MALLOY: Whatever is your prerogative on CAPITOL REPORTERS (775) 882-5322 42 that. It's whatever is your preference. MS. DAVIES: No, and I don't mind, I have no problem, you know, having a conversation with them over the phone if it's only MR. ROBISON: All right. MS. DAVIES: you know, a couple follow-up questions that I happen to go home and think about when I can't sleep or, you know, when it's like oh, I forgot to ask them this. So I appreciate that. Mike, do you have any other questions? MR. MALLOY: No. MS. DAVIES: Okay. Barbara, do you have any questions of me? MS. CLARK: I guess how long does it take for you to make a determination? MS. DAVIES: I'm not the one that makes a determination, I can tell you I will put together all of my notes and everything in a report from_all of my interviews and then I submit it to my attorney with all the information. At that point then he's the one who goes over everything that I've gathered, all of the information he has and then he's the one who ultimately will make that determination. I can't say how quickly he'll be able to do that. Hopefully sooner rather than later because I know this is CAPITOL REPORTERS (775) 882-5322 43 we?re trying to fast track this, so But I have no problem, you know, if you want to call, you know, and check with, you know, your counsel as to if they know anything they can contact me and I can at least let them know, you know, kind of where we are in the process. If I still have it or if I've passed it along to my attorney it will give him a little bit of an idea of where we are in the process, so MS. CLARK: So there's no normal time frame? MS. DAVIES: No. Unfortunately there's nothing normal about, you know, any of them, some of them, you know, can go really quickly, some of them, you know, don't. I'm hoping to not drag this out and I know that my attorney as well, so. Thanks. MS. CLARK: Okay. MS. DAVIES: Okay. Anything else? MS. CLARK: NO. MS. DAVIES: Okay. So, at this time I will go ahead and end the interview. The time is 4:05 p.m. and it is August 5th, 2014. (Proceedings concluded.) CAPITOL REPORTERS (775) 882-5322 44 STATE OF NEVADA, SS. CARSON CITY. I, Michel Loomis, do hereby certify: That on August 5, 2014, an interview was held in the within-entitled matter in the office of Kent Robison. That said interview was recorded on CD-ROM was delivered to me for transcription; That the foregoing transcript, consisting of pages 1 through 44, is a full, true and correct transcript of said recorded performed to the best of my ability. Dated at Carson City, Nevada, this 14th day of August, 2014. Michel Loomis, Transcriber CAPITOL REPORTERS (775) 882-5322 45 Exhibit 2 Exhibit 2 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL RENO, NEVADA TRANSCRIPT OF ELECTRONICALLY-RECORDED INTERVIEW PEDRO MARTINEZ JULY 28, 2014 RENO, NEVADA Transcribed and CAPITOL REPORTERS proofread by: BY: Michel Loomis 208 North Curry Street Carson City, Nevada 89703 (775) 882-5322 CAPITOL REPORTERS (775) 882-5322 A A A Office of the Attorney General: For Pedro Martinez: CAPITOL REPORTERS (775) 882-5322 Jennifer Davies, Deputy Chief Investigator 5420 Kietzke Lane Reno, Nevada jdavies@ag.nv.gov Snell and Wilmer William_Peterson, Esq. Carrie Palmer, Esq. RENO, NEVADA, MONDAY, JULY 28, 2014, 12:12 P.M. ?oOo- MS. DAVIES: Okay. Today's date is July 28th, 2014. It is 12:12 in the afternoon. This is an interview being taken place at the Reno office of the Attorney General with myself, Deputy Chief Investigator Jennifer Davies. Present in this interview is Carrie Parker from Snell and Wilmer along with Bill Peterson from Snell and Wilmer and Pedro Martinez, the superintendent for the Washoe County School District. Mr. Martinez, what I want to do if you'll take just a quick minute, this is the complaint that was filed on our -- to our office. If you would just read through the first few pages and then just confirm with me that it is accurate and correct to your knowledge, that would be great. And just take a minute to do that. MR. PETERSON: If there's anything inaccurate, Pedro -- MR. MARTINEZ: Hum? MR. PETERSON: be sure to make a note. MR. MARTINEZ: Absolutely. Yeah, I mean, that really is at a you know, the only thing that would be missing would be some of the things that had been happened later in the PM. But other CAPITOL REPORTERS (775) 882-5322 than that MR. PETERSON: You know, I don't think she's asking you whether -- MS. DAVIES: Yeah, but at this MR. MARTINEZ: -- it's accurate. MS. DAVIES: Okay. MR. MARTINEZ: It's accurate. MS. DAVIES: Okay. Because this was written on July 24th. So at that time -- MR. MARTINEZ: Yes. MS. DAVIES: it's accurate and complete? MR. MARTINEZ: Yes. Yes. MS. DAVIES: Okay. Perfect. So what we'll do is just go ahead and kind of go through some a list of questions. If you can tell me just briefly about your day on July 22nd. MR. MARTINEZ: Sure, sure, sure, sure. So so we were scheduled on July 22nd to have a Board workshop, a training workshop. BY MS. DAVIES: Q. Okay. A. You have the agenda. It was mainly -- so it was a training session. CAPITOL REPORTERS (775) 882-5322 That's what it was. It had been scheduled for at least well over a month before that, and so I decided to be part of it. It was an ethics training in the morning and then some just basic training on how to use what we call a board doc system Q. Okay. A. which is how we keep information for the public. Then this you know, I wasn't expecting anything really. I actually just before that, I had met with the Board president or with the college president both at UNR and TMCC, and we had a great conversation about some of the initiatives we had, then went over to the training. At about -- so the ethics workshop and it was very good ran until approximately just a little after 10:30, just before 11. The Board president asked if, you know, she could see me during the break. So there was a break right about 11. And so at that point, the Board president came to see me with the with the with our District attorney, Randy Drake, and said, you know, "There has been an allegation against you that you are touting yourself out to be a CPA, and you?re not." And I said, I didn't think "Okay." You know, anything of it. So I said, you know, "Probably just a CAPITOL REPORTERS (775) 882-5322 misunderstanding." I you know, I said, have my CPS certificate." I even I had it on the wall. I said, "Look, here it is. Do you want me to print copies of it?" They said, "No, it?s not necessary." And then at that time, you know, they said they had actually started an investigation, that they had called a licensing entity in Illinois and that there was no record of me ever having a license. And I said yeah, that that is correct. So I tried to explain to them the difference between a licensed CPA and a non?licensed CPA. I said, you know, was in the profession right out of college for about four years, and I never had the need to pursue my license because I left the industry about four years. And so I didn't go and open up my own accounting firm. I didn't become a partner in that accounting firm, but I am still designated as a CPA even though I didn't get my license." And so they said, "Well," you know, "we don't" -- "we think this is a concern." And I said, "Okay. Well, let's continue to talk about it and figure it out." They said, "Well, we would like to talk about it with the entire Board." I said okay. So they said they actually went back and did That another part of their training on the board doc system. was for about an hour. And then at this point, it was about CAPITOL REPORTERS (775) 882-5322 12:30. Then they said, you know, "We?re going to call a legal meeting." And so our attorney called with what he referenced as a legal meeting at 12:30. In the legal meeting, the six six trustees were there out of the seven. So there was President Barbara Clark; the vice president, Barbara McLaury; John Mayor; Lisa Ruggerio, Dave Aiazzi and Howard Rosenberg, and it was just me and the attorney. Q. You're good. I apologize. I was just checking. A. Sure, sure, sure. Q. My luck, it will not be working. So my apologies. Continue. A. So then, you know, Barbara brought up said, you know, "There's been an allegation against the superintendent that he's touting himself out to be a CPA and he's not." And so then I explained. I said, you know -- you know, am a" -- you know, am a certified" -- "a CPA, certified public accountant, but I don't have" you know, "I've never had the need to obtain my license. And I've never spoken in public ever of having" "being a practicing or a licensed and I explained the difference. I even said, "If you want, I can go get my certificate." Q. Can you explain for me what the difference is, because I'm unaware. CAPITOL REPORTERS (775) 882-5322 Sure, sure, sure. So in Illinois, the requirements to be a certified public accountant and this was back in -- when I first entered the profession in 1992 was you had to pass your CPA exam, which is similar to a bar exam, and then have at least one year of public accounting experience. Q. Okay. A. So I worked for four years in the accounting world. If an accountant if a CPA wants to get their license because they actually want to be, for example, a partner in an accounting firm or actually open up their own business to actually provide services as, for example, signing audit opinions and performing audits, but and specifically, signing them -- Q. Okay. A. you would need a license. Q. Okay. A. So I decided to leave that profession after about four years, so I never needed and required to have a license. Q. Okay. A. So I still was I still was very proud of the fact I was a that CPA. But that was the difference. Q. Okay. CAPITOL REPORTERS (775) 882-5322 tried to explain that to them. I even went and got my CPA certificate. I said, "Look," you know you know, and I even made copies and gave it to them. I also found on my alma mater website something that said clearly that if you passed your CPA exam and have gotten your CPA certificate, you can use the designation of a CPA. Q. Okay. A. So I shared that with them as well. And so at that point, they decided at that point, Lisa Ruggerio said, "Well, this is serious because you're touting yourself" -- "everybody thinks you are a licensed CPA, and therefore" and, you know, "you can't" you know, she said, "You can't you can't just minimize this." You know, went" -- went to" -- you know, became a social worker, and I would never tout myself as a licensed social worker if I wasn't. This is very serious, Pedro." And Dave Aiazzi said, "Yes, this is serious and," you know, "we need to put out a statement from the Board." And I just said, "Well, okay. If there's some confusion out there in the community that I'm" you know, "about me being a" "about my CPA status, let's work together to clarify that." Because I don't want the community -- the trust of the community is very important to me. I don't want I don't CAPITOL REPORTERS (775) 882-5322 want anything to you know, to hurt that trust. At that point, Barbara Clark said, "You know, Pedro, we'd like you to leave. We want to deliberate among ourselves." And I said okay. So I wasn't very long with them. It might have been at the most maybe 15 minutes. So then I went back to my Q. In that second meeting A. In that meeting -- Q. at the legal meeting? A. that legal meeting. Q. Okay. A. So I left them, So let?s say it was probably maybe about 12:45. Q. Okay. A. So I left, and then I went back to work. I was in my office. I would say within about 30 minutes after that, Barbara Clark comes in with Lisa Ruggerio and actually, Barbara McLaury there might be one added that we have to do this. So they?re the three officers, the vice president and the secretary. Q. Okay. A. And said, you know, "We've been talking about CAPITOL REPORTERS (775) 882-5322 10 this. We think this is a serious issue." And I said, "Okay," you know, "let's work together to figure this out." They said, "No, no, no. We're done with you, Pedro. We're done. We want to end your contract, and" "in either one of two ways," and I don't remember the exact words she used. She either said, "You can do it the hard way or the easy way" or "the bad way or the good way," but she saidtwo ways. You can resign. We can give you three months of severance, and you go on and move on and Or we'll go public, move on to," you know, "your next job. and people will know about this. This will destroy your career, and so you decide." And I was shocked. So I said I said, "With all due respect, Barbara" and to the other officers. I "First of all, said, I would never, ever fight a Board about changing their superintendent. That is your right. So first of all, you just know that. But there are provisions in my contract. If you feel you have a cause, here's the provision. I don't feel you do. "So if it's without cause, you have to give me 90 days' notice, and then there's a severance package." I said, "Those two are very clear in my contract." It's not even my it was from the previous superintendent who I just took his contract and just basically and it has the same language. "So this is not information that," you know, "you CAPITOL REPORTERS (775) 882-5322 11 wouldn't be familiar with." And Barbara said, "So that?s the way you?re going to do it?" And I said yes. She said, "Well, I need to go back and talk to my colleagues," so they all left and deliberated again. Matt deliberated it was just them and Randy. I was in my office, and, oh, I would say over the next so let's see. Right now that's now we're probably talking now it's about 1:15 now. 1:15, 1:30. So I would say between for the next almost two hours, hour and a half to two hours, Randy they were discussing it in their room. Randy was coming in and saying, "Pedro, they want to make a deal." And I said, "Okay. What do you mean by that?" "They want to make a deal. They want you to leave. They want to end your contract, and so they?re willing to give you some money." And I said, "Okay. So what do you mean?" And he said, "Well" and at first he said, you know, "They'll increase the dollar amount. From three months, then maybe" "they'll give you a hundred thousand dollars." And I said, "Randy, my contract is very clear, and you know this because you were the attorney that helped draft it. If they feel they have cause, they have to give me a ten?day notice and there's a public hearing. If there is no cause, they have to give me 90 days? notice." He said, "Well, they don't want that. They want you to leave." CAPITOL REPORTERS (775) 882-5322 12 this again, this went on for about a good, I would say, hour and a half to two hours. At one point, I even said, "Randy, you have to" you know, don't feel you have cause, I can just stay here, because you have to give me 90 days." "since I And he said, "No way. They would never have that. They want you out of this office." And I said, "Randy, you don't even" I said, "Randy, what you don't even know it's ending my contract. You can't even you can't even send me away. You have to give me either the ten?day notice or the 90?day notice." He said, "Well, they'll call the police and have you escorted out." And I said, "The police reports to me. By the way that's by state statute. So you're going to have my own my own interim police chief escort me out?" And he said, "Well, we'll call one of the other agencies." I said, "Randy" I tried to reason with him. said, "Randy, you know that there is no substantive cause. This issue is not anything that is critical, and so you know that." And he said, "Pedro, they want you out," and he said, "Look, they're willing to give you $200,000 right now, $200,000 if you leave. Think about your family. $200,000 if you leave." And I said, "Randy, no." You know, I said, you know, am willing to work out something with them. If they CAPITOL REPORTERS (775) 882-5322 I 13 gh\? follow the provisions of my contract, we can" I guess I was repeating myself. I said, have no problem with them changing superintendents. I will not go to the community and cry foul. I will" -- "we can work together. We can have a joint statement together, and we can do this the right way. And if they don't want me to be here for those first 90 days, we can work that out too." He said, "You're not even willing to negotiate." And I said, "Randy, I've done nothing wrong. There's nothing for me to negotiate." And so he -- he was very -- he got, you know, somewhat angry and frustrated, and he left. So right now, it's about -- then about 3:30, around that time. Maybe even closer to 4. And so I I step out for a second just to collect my thoughts because at this point, I'm still in shock this is going on. And I -- I come back, and it's I -- actually, I went out and talked to Lindsay Anderson, one of my staff She's our head lobbyist. I said, I don't persons. "Lindsay, know if you know," and I kind of explained to her what was going on. And I also saw my chief operating officer, and I explained I said, you know, "They want to terminate my contract," and I was talking to Lindsay. I said, "Lindsay, I need some help. Is there any attorney you know?" She said, "Let me call." And so that's when I got in touch with Bill. So then I went back to my office. Now, it's CAPITOL REPORTERS (775) 882-5322 l4 about 4:30. During that time, what I found out is that the Board so four board members: Barbara Clark, Howard Rosenberg, Barbara McLaury and John Mayor were addressing my leadership team, letting them know that I had been relieved of duty. I didn't know it, but that started at 4:30. In the meantime, I'm in my office. Q. Who left? It was Barbara Clark, Howard Rosenberg A. JOhn Mayor and Barbara McLaury. Q. Okay. A. Meanwhile, in my office and also in between that hour as well, the trustees and I'm not sure how which ones or how many had already talked to my deputy superintendent, Tracy Davis, and my chief of staff, Kristen McNeill, letting them know that I had been relieved of duty and that they were immediately and they were going to take over my duties. Q. Okay. And your chief of staff is who? A. Kristen McNeill. Q. And they had already spoken with, to your knowledge, some of the Board members. You're unclear who had already A. Yes. Q. spoken with Tracy Davis, who was your deputy superintendent, and also CAPITOL REPORTERS (775) 882-5322 15 Kristen McNeill. Kristen McNeill? And Tracy has shared with me later that it was very clear to both of them -- or to her, I should say to her that I had been terminated Q. 33 (3 ID 0 0 Okay. that my employment had ended. Okay. And that they would be They would be in charge. in charge of your duties? Yes. Okay. Because she was going to be in charge of economics, and then Kristen would be in charge of everything else. Q. A. time frame. Q. A. realize, this is for real. Okay. So this happened all in between that 3:30 to 4:30 Okay. So then at 4:30, I go back to my office, and I So I started I said, I'd better just grab some things. In fact, you know, it's kind of funny, but I decided to go grab my certificates because I got scared. I said, you know, like if I need to prove that, you know, I had CAPITOL REPORTERS (775) 882-5322 16 certificate and my bachelor's and my an MBA, I better just and I started grabbing them off the wall. At that time, David Aiazzi and Lisa were in there, and David said, "Pedro, let's work something out.- It doesn't have to end this way." And I said, "Dave, I'm going to tell you what I shared with Randy. My contract is really clear: If you want to terminate me with cause, you have to give me a ten-day notice, and there's a public hearing. If you want to terminate me without cause, you have to give me 90 days' notice, and then there's a severance package." "Well, I'm not going to pay you that kind of money. I'm_not going to have the taxpayers pay you that kind of money." So I said, "Well, okay, Dave. Then I guess that's it," and then he said, "Okay, Pedro. You got till 5 o'clock. And it's either going to be zero and your career is going to be hurt, your family is going to be hurt, or I can give you a check for $200,000." And he said, "And, by the way, we're going public. Your staff have been told. We're going to send out a notice to all the parents and all the families that your employment has ended. "You are" and they said, "And we're going to do a press conference. So we are going public with this." And and I said, "Okay. Well, thank you. I mean, now that CAPITOL REPORTERS (775) 882-5322 17 you have shared that with me, then I know" -- "then I know my next steps." And so I -- "and you asked" mean, you have a picture of me with my certificates." I was just trying to get out and grab, leaving -- and at the end, the only thing I remember was Lisa saying, "Pedro, think about your family. Think about your family," and I just said, you know, "I?m sorry. I just have to leave." At that point, I left, and then I was trying to find an attorney for the next hour. Q. And here we are. A. And that's it. Q. Okay. You've gone through some of this, so I apologize if some of this A. Sure. Q. is a little redundant. A. Yes. Q. But I want to just make sure we get all the A. Absolutely. Q. and it's all really clear that we don't leave anything out. A. Sure. Q. So you were aware that there was a school board meeting on July 22nd, 2014; correct? A. Yes. CAPITOL REPORTERS (775) 882-5322 18 Okay. And in that school board meeting, all six -- well, I should say six of the seven A. Yes. Q. school board members were present. A. Absolutely. Q. It was Estela Gutierrez who was not A. Who was absent. Uh?huh. Q. Okay. And had you seen the agenda for the 26th A. Yeah. Q. or the 22nd meeting? A. Yes. It had been out for, like I said, several every agenda goes through my office. 80 I read you know, I read through every agenda, and we send it to the Board president for approval. Q. Okay. So you -- for every agenda for a school board meeting A. Q. place? Every agenda. -- you're aware of exactly what?s going to take My staff puts it together. Okay. And And then you ultimately review it? I review it, and then it gets sent to the Board CAPITOL REPORTERS (775) 882-5322 19 president for final approval. Q. Okay. A. That has always been the process. Q. And that?s prior to it being posted -- A. Yes. Q. anywhere? A. At least a week or two. Q. Okay. A Yeah. Q. The agenda for the July 22nd meeting, was there anywhere and I have seen it and we have a copy of it, and obviously you guys do as well. But was there any notice or any information that the Board was going to have discussion or possible action regarding your character, alleged misconduct, your professional competence, anything in relation to you or your job? A. Not at all. Not at all. Q. Okay. A. Not at all, because if something would have occurred like that, I would have asked, you know, can I see these things ahead of time? I mean, literally it was brought to me during a break during the training. Q. Okay. And that was, you said, about 10:30 A. The break started Q. that the ethics training got done, roughly? CAPITOL REPORTERS (775) 882-5322 20 Yeah, it was well, they started to take a break in the meeting, and this was around 10:30, 10:45. And then she came in at 11. Barbara Clark came in at 11. Q. And that was the first contact that you had had with her A. Yes. Q. in reference to this issue? A. That's right. Q. Okay. Was she alone during that meeting when she came or A. No, she came she actually was with Barbara McLaury and I'm sorry, with Randy Drake and Barbara McLaury during that meeting. Q. Okay. And she just spoke with you she that was when you first heard about the allegations that there was this this anonymous complaint? A. Yes. Q. Or this A. She said it was an out-of?state complaint Q. Okay. A. and that they had already went and decided to so one other piece that was missing, during that first when they asked me with the six trustees, and even, I think, you know, when she first brought it to me, she said they had already checked my file, and they didn't find me CAPITOL REPORTERS (775) 882-5322 21 talking about being a CPA in my resume, in my application, and they had not found it anywhere. They even went back and looked at my interview tapes when I was applying, because everything is very public and everything is archived, and they said, "We didn't find anything." And I said, you know, "The reason for that is I really" -- you know, am very proud of my CPA status. That was 22 years ago. In between, I've gotten my MBA. I've gone I went through national training to become a superintendent with the Rhode foundation. I've been to Harvard for training. So there's a lot that has happened, and so it's not that I'm not proud of it." Q. Sure. A. But, I mean, there's a reason why there's no real reason for me to really talk about it very much because a lot of things have happened. And what's more relevant now, of course, is all my training about education Q. Sure. A. about being a superintendent. So that was also shared shared during also my meeting with the six trustees. Q. Okay. And so obviously, since you weren't aware -- but I just want to make sure -- that they were going to be discussing this with you, were you ever given any sort CAPITOL REPORTERS (775) 882-5322 22 either verbal or written notice that these allegations existed prior to when Ms. Clark came in? A. No. No. It was the first thing she shared with me during that break. Q. Okay. A. It was the first time she shared with me that they had even started doing an investigation. Q. Okay. So you were never given any verbal or written notice A. Never. Q. in reference to their internal investigation that they did regarding these allegations? A. That's right. Q. Okay. You attended part of the meeting, in reference to the legal meeting where they started to discuss the situation and your CPA certificate. And about how long do you think you were in there, about 15 minutes? Was that A. About 15 minutes. Q. Okay. A. About 15 minutes. Q. Was there anything else that was discussed during that meeting other than you and your qualifications -- A. No. Q. that they're saying you're touting your CPA certificate? CAPITOL REPORTERS (775) 882?5322 23 Nothing else. The whole purpose of the meeting was to discuss this situation. Q. Okay. Do you remember which Board member confirmed to you that they had looked into your resume, your application, your biography? A. It was actually Barbara Clark. Q. Okay. A. In fact, she even said herself and she emphasized that she herself also called the licensing department or entity in Illinois. Q. Okay. A. So she wanted to check herself, even even after the legal attorney as well as the internal auditor had checked, she wanted to check. And the reason those two employees report directly to the Board. So those are direct staff. So that made me realize also, they have never involved my human resources department. They have never involved anybody in my staff. They didn't say that especially, but I got that impression very quickly because, knowing my staff, they would have brought that to my attention. You know, somebody is asking about this, because we've had other instances in the past where people have made allegations. For example, somebody said that I didn't have my CAPITOL REPORTERS (775) 882-5322 24 citizenship and I wasn't here legally. And so, I mean, HR immediately said, "We've already taken care of that. Don't worry about it." Q. Okay. They made you aware of A. Yeah. Q. of that? A. Yeah. Q. They did take care of it. But you were made aware A. Yeah. They have a c0py of my documentation. They said, okay, whoever has it, you know, let them know HR has it. I mean, it's public. Anybody wants to get MR. PETERSON: He's not talking about Board accusations in the past. MS. DAVIES: No, no, no, but just that his staff that he and his staff communicate MR. MARTINEZ: That they let me know MS. DAVIES: So if something had come to their knowledge MR. MARTINEZ: They would have MS. DAVIES: most likely, they would have MR. MARTINEZ: Yeah. MS. DAVIES: come to you and shared. MR. MARTINEZ: Yeah. But these two employees report directly to the Board. CAPITOL REPORTERS (775) 882-5322 25 MS. DAVIES: Okay. MR. MARTINEZ: So I did I wasn't surprised that I wasn?t told because, again I was surprised they were doing the investigation. But and then that's why I really took the whole from the whole from the beginning, I just thought of it as a misunderstanding. I really thought it was a minor issue. I said, "Well, you know, it?s a" you know, "let?s" again, "Let's just figure out a way to solve it." BY MS. DAVIES: Q. Right. Okay. So when you left the legal meeting, went back to your office, they deliberated, the six board members and legal counsel Randy Drake; correct? A. Yes, that's right. Q. Okay. Was it only those seven individuals? A. Yes. Q. Okay. MR. PETERSON: Seven or six? MR. MARTINEZ: Well, it was seven -- MR. PETERSON: (Inaudible.) (Multiple people Speaking at the same time.) MR. MARTINEZ: the six trustees plus the legal. MR. PETERSON: I'm sorry. Which one? MR. MARTINEZ: You know, we?ve had legal meetings CAPITOL REPORTERS (775) 882-5322 26 before, so I mean, you know, that's always been the standard. It's only the attorney and the trustees and at that time, also the superintendent. MS. DAVIES: Okay. MS. PARKER: The person who usually takes the minutes wasn't there? MR. MARTINEZ: Nobody's there. Yeah. They purposely have nobody there for that reason. MS. DAVIES: Okay. MR. MARTINEZ: I mean, just because they wanted to stop themselves. Randy has always told us Randy Drake, the attorney said that it is officially a non?meeting. BY MS. DAVIES: Q. Okay. A. And so, you know, there's no action to be taken during those meetings and that it's just to share information. So again, there which is again why I didn't expect anything, because I thought, okay, they're discussing, and then we'll figure this out. There?s a misunderstanding. There was no reason for me to ever suspect that anything more would happen except a discussion, and if they were concerned about what the public thought about my status, I thought, okay, we'll have time to figure this out. Q. So in the past, those legal meetings, to your knowledge, have always just been discussions and share CAPITOL REPORTERS (775) 882-5322 27 information amongst the Board members? A. And then the attorney and myself, among you know, any potential issues or litigation that might exist. Q. Okay. But you've always been made aware from Randy Drake that no action has been taken during those meetings? A. Yes. Q. Okay. So let's go specifically to when Barbara Clark comes back into your office after they have this legal meeting. A. Um?hum. Q. And you A. One detail, and, you know, she said it also is she was -- she was very she emphasized that this was a decision by all six trustees. Q. Okay. A. And that's important because I had had some differences of opinion with a few of the trustees: Trustee Ruggerio, Aiazzi and Rosenberg. "Pedro, this was a unanimous And so she said, decision among the six trustees." So she made that very clear Q. Okay. A. that they deliberated it. They had you know you know, in that sense, she gave me the impression CAPITOL REPORTERS (775) 882-5322 28 that they had taken a vote and that it was a decision of all six. Q. Okay. So she walks back into your office, and she says to you Is there anything leading up to the conversation or does she just come back to you and say, "We?re done with you?" A. Yeah, well, she it was it was, again, Barbara Clark, Lisa Ruggerio and Barbara McLaury. It was all three of them. And what she and there was nothing else. She said, "We've been discussing this. We've been deliberating. We made a decision, and the decision is that we want to end your employment. We want to end your we want to terminate your contract." Q. Do you remember and I know it's probably everything is A. Yeah. Q. a bit jumbled. But do you remember specifically the words that she used when she first came in and told you? A. She I remember very clearly she said that "We want to end your" "We want to terminate your contract." Q. Okay. A. That was very clear to me, which is why I was very calm and said, "There's two ways to do that." CAPITOL REPORTERS (775) 882-5322 29 Okay. A. And I just reminded them this language is in my contract. It's very I said, "It's very simple," and that's why I also said, respect any Board in terms of hiring and changing superintendents." So those are my first two statements as soon as she said that. And it was specifically that she said that they wanted to terminate or end my contract. Q. Okay. At any time during the conversation with her or the other two Board members, were you under the impression that they were placing you on administrative leave? A. They never said that. Q. Okay. A. They never said that. They never said, "Pedro," you know, "we want to take some time to look into this, and we would like you to leave now." They said clearly, "We?re done with you." I mean, she actually said those words. "We're done with you. We want to end or terminate your contract." And then, like I said, you know, she said the rest, and that?s when Randy came in and tried to cut a deal. Q. Okay. So about two hours go by that you guys are going back and forth. Proposals -- A. Yeah. Q. as to what they can do A. Yes. CAPITOL REPORTERS (775) 882-5322 3O back? in the room. Q. your office, A. and that's and then I found out later, to get you to leave. Yes. You're saying you?re not leaving. Yes. Okay. And it was it Randy Drake who came Randy it was Randy by himself Okay. coming while the other six trustees were alone Okay. So they stayed in their room. You were in and he was doing the running back and forth? Yes, yes. Until about 3:30. At 3:30, because I took a break from my office, about an hour later they then talked to, you know, my chief of staff, Kristen McNeill. They talked to my deputy superintendent. And they called a meeting together with my leadership team at 4:30, which interestingly enough, what I found out is that they called it a continuation of their meeting, so of their existing board meeting. Q. A. So there is Okay. there should be a taping of that 4:30 conversation with my leadership team. CAPITOL REPORTERS (775) 882-5322 31 Okay. A. Because that they did not you know, according to my staff because they received an e-mail. I They received an e?mail saying the didn't see it, of course. meeting is going to be put back in session, and it's about 4:30. Q. Okay. A. And I can we can get the details if you like. Q. Okay. MR. PETERSON: That's okay. MR. MARTINEZ: So that and so so that part should be on the public record, because they brought them back, and you can hear exactly what they said to them. BY MS. DAVIES: Q. Okay. And who is part of your leadership team? A. So it would have been Pete Eckardt, who is my chief operating officer. Q. Okay. A. Ben Hayes, who was my accountability officer; Paul Paul La Marca. Paul La Marca, who is my school performance director; Irene Payne, my communications director; Tom my chief financial officer. Q. Okay. Do you know how to spell his last name? A. Q. CAPITOL REPORTERS (775) 882-5322 32 Okay. A. Sorry. Q. That's okay. I probably just butchered it, but A. Mike Schroeder, who is my budget director. Let's see. Dawn Huckaby, who is my human resources director; and then it would have been I don't know. All six were there, all of my area superintendents. There are six of them. Q. Okay. A. So that is Joelle Gonzalez, Chad Hicks, Byron Green, Roger Gonzalez, Richard Swanberg and Deborah Byersdorf And I know that they spoke to Tracy and Kristen separately. Q. Okay. So so that list of people that you just gave me was part of your leadership team that they called back in and reconvened their board meeting A. That's right. Q. about 4:30. A. At about 4:30. Q. Okay. That should be still on the record? A. That should be on the record. Q. Okay. And then they spoke with your with your deputy superintendent and your chief of staff? A. Before that. Between 3:30 and 4:30, they had CAPITOL REPORTERS (775) 882?5322 33 already spoken to my deputy superintendent and my chief of staff. Q. Okay. A. And, you know, they were both especially my chief of staff was very distraught about it. And they didn't give them any details. They only said they only said they said, you know, "His contract has ended" or "We're ending his contract" is basically what they said to them. Q. Okay. A. And "We don't know yet" "we're" and this is also shared with the leadership team. "We don't know yet how long it's going to take us to find a replacement." Q. So they were already talking to your leadership team and those two individuals A. Yes. Q. about finding a replacement for you? A. Yes. Q. Okay. A. And, you know, that they weren't sure whether they were going to put something in the interim or go and you know, and go with the possibility of a search for a permanent replacement. Q. Okay. A. So that part should all be on the public record. CAPITOL REPORTERS (775) 882-5322 34 Okay. Did you speak with your chief of staff and your deputy superintendent after you were informed of the Board's intentions prior to you leaving? A. Yes. Q. Okay. A. I did. I tried to catch them_in between that hour, between 3:30 and 4:30. And that's when I found out that they already had been spoken to. Q. Okay. A. And then they said, "We can't talk to you." So that's when I also found out that the staff were told Q. Not to speak with you? A. "Don't speak to him." And then later I was told, "You are not allowed to speak to the staff." Q. Okay. Who told that you were not allowed to speak to the A. The Board president. Q. Barbara Clark? A. Barbara Clark. Q. Okay. Okay. Did the Board give you any indication obviously, they claim it's an anonymous complaint. Did they give you any indication of where or who A. No. Q. filed that? CAPITOL REPORTERS (775) 882-5322 35 No. The only thing they said, it was an out?of?state person that made the complaint. Q. Okay. A. Or allegation. Q. Okay. A. That's all they said. Q. Do you know and this goes outside of the specific meeting. But do you know what Mr. Rosenberg meant when he he was quoted -- and I don't have the exact quotes, but he was discussing saying the issues that the Board was addressing were much deeper than the CPA issues. A. The only issue that was brought up on July 22nd was my CPA issue. Q. Okay. A. And it was brought up again two times, at 11 o'clock by President Clark during the break and then during the legal meeting that started at approximately 12:30 when I was there for about 15 minutes. Q. Okay. A. That was the only issue that was brought up. Q. No other issues? A. No other issues. My evaluation had just occurred a month before. Q. Okay. A. And then my evaluation was very comprehensive, so CAPITOL REPORTERS (775) 882-5322 36 all seven trustees were interviewed, and they had to score me and rate me. They had a survey of over 500 teachers, all hundred percent of my principals, and there's 93 schools. They also did a survey of over 40 business leaders. Q. Okay. A. And that evaluation was very public. It's all on June 10th. It's for hours. It's at least about a two? to three-hour evaluation. It might have even been closer to four hours for full comment. Q. Okay. A. So there was no reason for me to even be suspecting that anything else would be brought up, because it was all during my evaluation. In fact, we had a meeting scheduled for August 9th, a workshop to specifically talk about goals for next year. And Jill Derby, who was one of the facilitators for my evaluation, was continuing to now put goals together. Per my contract, we set goals each year, and we both have to read about them. August 9th was set up specifically to look at goals for next year, including any concerns that they had brought up during the evaluation. Because as I said, it was a proficient evaluation, first of all. Everything I mean, it was on the public record. was public. But I said, you know, if there's any concerns CAPITOL REPORTERS (775) 882-5322 37 that they still have, let's be sure we set some you know, let's make sure we have clear expectations for my next evaluation, because I want to make sure that we don't have any more ongoing concerns. Q. Okay. Your evaluation, you said, was very comprehensive and it was proficient. Were there any areas in there that were of concern that Mr. Rosenberg might have been reflecting back on? A. Like I said, nothing was brought up on July 22nd. Q. Okay. So only the CPA issue was addressed? A. Only the CPA issue was addressed. And like I said and if you look in my evaluation, actually, there's a news story that the RGJ did on it that really does a good summary of it. And basically, both Dave and Howard just say Howard mentioned something about that he -- you know, he would like there to be stronger communication between me and the Board, and Dave said something similar. The and so what's interesting is that all the trustees know this. Trustee Rosenberg, since he became an elected officer, has never met with me one on one. He has refused to meet with me one on one. Trustee Aiazzi met with me twice in the beginning when he in his first six months when he was elected, and he never met with me again one on one. Q. Okay. CAPITOL REPORTERS (775) 882-5322 38 the others that I see that the other trustees, specifically Trustee Mayor} John Mayor; Barbara McLaury and Estela Gutierrez have always felt and even Barbara Clark have felt that it was a little unfair of both of them, but it didn't matter because in the end, the whole evaluation was proficient, you know, to bring up some of these issues. Barbara Clark, working with Jill Derby, though, our goal all three of us were working together to have you know, we had been having some workshops already to try to just build a stronger team, and that had been ongoing. And so our hope was that we would continue to do that, and then the goal was, like I said, when we set our next set of goals, let's continue that in that stride of trying to be -- build a stronger team amongst all of us. Q. Sure. Okay. So it's your it was your it was strongly your belief that, when Barbara Clark came in after her legal meeting, that her and the Board's intention was to terminate your contract? A. Yes. Because she clearly said, "We are done with you. We want to end your employment." Q. Okay. A. "There's one of two ways to go about this," and so I wasn?t sure if used the word "the good way or the bad CAPITOL REPORTERS (775) 882-5322 39 way" or "the pretty way or the ugly way." Q. "The easy way or the hard way"? A. Yeah. Q. It was some connotation of thateasy or we can do it the hard -- A. Yeah, which is why that's where the negotiations started. Q. Okay. Okay. So I think I I think I?m done. What I want to do is just there?s just a couple follow?up questions or actually just real specific questions that I want to address in reference to the complaint that was submitted to our office where Carrie specifically states some the NRS's. So what I want to do is just ask you if you were ever notified in any manner that an administrative action could be taken against you at the July 22nd meeting or that the Board would consider your character, alleged misconduct or professional competence at that meeting? A. No. Q. Okay. And to your knowledge, were there any discussions or possible actions placed on any agenda that was posted for the July 22nd meeting? A. No. Q. Okay. And then as the superintendent of the CAPITOL REPORTERS (775) 882-5322 4O Washoe County School District, were you ever given any notification that the closed meeting was going to take place to consider your character, alleged misconduct or professional competence prior to the July 22nd meeting? A. No. Q. Okay. Do you know, was that closed meeting the legal meeting, was that either audio or video recorded? A. They have not they haven't historically ever taped anything over there. Q. Okay. A. And the whole workshop would have been audio, so that's why I think that if they truly did reconvene the meeting as I was told and that e?mail was sent, that 4:30 discussion with the leadership team should be on tape. Q. Okay. But the actual closed A. Legal session. Q. legal meeting is not. A. We historically have never taped the legal meetings. Q. Okay. MR. PETERSON: I think they made a public statement that somebody had already asked that. This was not recorded. MS. DAVIES: Okay. MS. PARKER: Yeah, I think the RGJ did a public CAPITOL REPORTERS (775) 882-5322 41 records request, MS. anything. MS. MS. have. and it DAVIES: It was not that they didn't have PARKER: Yeah. DAVIES: Okay. I think that that is all I Carrie or Bill, do you have any -- MR. just for a minute if I could. MS. PETERSON: Yeah, I wanted to speak with Pedro Can we step outside? DAVIES: Sure. Absolutely. What I'll do is I'll keep the recording going. MR. MS. MR. MS. MR. PETERSON: Yeah. DAVIES: But if you guys that's fine. PETERSON: I stopped him DAVIES: Okay. PETERSON: from saying something that he received because I was worried about whether that person would object to that MS. DAVIES: Sure. MR. PETERSON: sharing of the information, but so that person says it's okay. MS. DAVIES: Oh, okay. Perfect. MR. PETERSON: He (inaudible) list, by the way. MS. DAVIES: Perfect. Okay. MR. PETERSON: He needs this (inaudible) to you. CAPITOL REPORTERS (775) 882-5322 42 MS. DAVIES: Okay. Perfect. MR. PETERSON: So Pete MR. MARTINEZ: Eckardt, my chief operating officer. MS. DAVIES: Okay. MR. PETERSON: SO Pete is -- MR. MARTINEZ: Sure. MR. PETERSON: She can read it. MR. MARTINEZ: So let me show you the e?mail and then I'll -- So first of all, I MS. DAVIES: Okay. Do you mind if I read this out loud? MR. MARTINEZ: No, send me and then if you and then read the attachment. So this was dated on MS. DAVIES: Okay. July 24th at 11:22 p.m. It says, "Hi, Pedro. Attached is the document regarding my recollection of what was said at the which I'm assuming is the leadership team meeting MR. MARTINEZ: Um?hum. MS. DAVIES: -- on Tuesday. MR. MARTINEZ: Um?hum. MS. DAVIES: Okay. "If it was indeed a continuation of the Board meeting as was stated, there should be an audio recording that, should you" "that" -- "should CAPITOL REPORTERS (775) 882-5322 43 able to request. "Continued prayers for you and for family. Pete." And then the attachment, I will go ahead and read. It says: "Leadership team was sent an e?mail from Terry Wallace, executive assistant to the Board of Trustees, on Tuesday, July 22nd, 2014, at 3:34 p.m. stating: Please attend the Board meeting that will resume at 4:30 this afternoon in the board room. "At about 4:40 Barbara Clark came to the podium to address staff along with Howard Rosenberg, John Mayor and Barbara McLaury. "Barbara Clark told staff that effective immediately, Pedro Martinez had been relieved of his duties as superintendent. Due to being an HR matter, she said she could not share the details. "She said that Kristen and Tracy would be co?managers until I believe she said a new or interim superintendent CAPITOL REPORTERS (775) 882-5322 44 place. "She said that it was a unanimous decision from the Board, and though it was a tough decision, it was a decision they were going to stand by. "It was very clearly understood by staff that this was a termination that had unanimously been approved by the trustees. "After Barbara Clark said it was unanimous, Howard Rosenberg clarified that Estela Gutierrez was not present and was not happy about the decision. "After her statements, Barbara Clark asked for questions. The only question came from Ben Hayes, who asked: If this was a unanimous decision, where are the other trustees? "Barbara Clark, I believe, answered something to the effect that they were doing media work. "After the other trustees left the room, Howard Rosenberg very emotionally said that he was not happy CAPITOL REPORTERS (775) 882-5322 45 about any of this and never wanted this to happen and that we needed to concentrate on the kids." And that was the end; correct? Okay. MR. PETERSON: And who was that from? MS. DAVIES: That was from Pete Eckardt; correct? MR. MARTINEZ: Um?hum. MS. DAVIES: Okay. I apologize. I don't believe I said that at the beginning. Thank you. MR. PETERSON: And then the other thing that he I was going to ask him was the -- the episode regarding the picking up of the car. MR. MARTINEZ: So well, and then the other thing. So when I was leaving the office, he -- they asked the interim police chief, Jason Trevino, to escort me out, and he reluctantly did it. In fact, he didn't even stand next to me. He was two or three feet behind me. MS. DAVIES: Okay. MR. MARTINEZ: So they did ask him to escort me out. And then later that night, when I was in the process of talking to Bill, Jason Trevino was sent to my house he is the interim police chief to pick up my car. And so, you know, I wanted to know what was going on and so I CAPITOL REPORTERS (775) 882-5322 46 wasn't there. So I just said, "Well, have Jason call me," and he didn't call me, but then we went ahead and just dropped off the car the next morning. MS. DAVIES: Okay. Okay. Is there anything, Carrie or Bill, that you have that -- MR. PETERSON: Maybe if you could turn it off and Pedro can leave. MS. DAVIES: Absolutely. MR. PETERSON: Is that okay? MS. DAVIES: Yeah. So at this time, the time is 1:06 and I'm going to stop the recording at this time. (Recording ended.) CAPITOL REPORTERS (775) 882-5322 47 STATE OF NEVADA, ss. CARSON CITY. I, Michel Loomis, do hereby certify: That on July 28, 2014, an interview was held in the within?entitled matter in the office of the Attorney General. That said interview was recorded on JAVS, and said JAVS CD-ROM was delivered to me for transcription; That the foregoing transcript, consisting of pages 1 through 47, is a full, true and correct transcript of said recorded JAVS performed to the best of my ability. Dated at Carson City, Nevada, this 30th day of July, 2014. Michel Loomis, Transcriber CAPITOL REPORTERS (775) 882-5322 48 Exhibit 3 Exhibit 3 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL RENO, NEVADA TRANSCRIPT OF ELECTRONICALLY-RECORDED INTERVIEW TRACY DAVIS JULY 31, 2014 RENO, NEVADA Transcribed and CAPITOL REPORTERS proofread by: BY: Michel Loomis 208 North Curry Street Carson City, Nevada 89703 (775) 882?5322 CAPITOL REPORTERS (775) 882-5322 A A A Office of the Attorney General: CAPITOL REPORTERS (775) 882-5322 Jennifer Davies, Deputy Chief Investigator 5420 Kietzke Lane Reno, NV jdavies@ag.nv.gov RENO, NEVADA, THURSDAY, JULY 31, 2014, P.M. SESSION ?oOo? MS. DAVIES: Okay. Today's date is July 31st, 2014. The time is approximately 4:26 p.m. This is an interview being taking place at the Reno office of the attorney general between myself, Jennifer Davies, Deputy Chief Investigator, and Tracy Davis, the deputy superintendent; is that correct? MS. TRACY DAVIS: Correct. MS. DAVIES: Okay. And you know that I am recording this. MS. TRACY DAVIS: Correct. MS. DAVIES: And I have your permission? MS. TRACY DAVIS: Yes. I'm sorry. Yes. BY MS. DAVIES: Q. That's okay. So I'm going to go through some questions for you, and then at the end, if you have any questions, you know, you can ask me and any time in between. So, first, if you can tell me kind of about your day, what took place on Ju1y 22nd, 2014. A. Um, normal day working. Had meetings, and at some point during the afternoon, I was in a meeting with the team, and I received a call to come see Pedro. And, of CAPITOL REPORTERS (775) 882?5322 course, I said, "Oh, I'll be down there in a sec" and after I got rid of whatever, I went down there. And he was sitting he was actually standing, and attorney Randy Drake was sitting next to him, and there was some paperwork there. And he said, "You need to know that the Board has fired me." At that time he said that, the Board president came in and said, "You are no longer" -- "He's no longer your boss. He no longer works for Washoe" or something in the nature of: He's no longer your boss. And then I had to walk out of the room. Q. Okay. We'll go into a little bit more detail about that in just a second if you don't mind. Were you aware that there was a school board meeting that was taking place on July 22nd? A. Yes. Q. Okay. And did you attend any or all any portion of that school board meeting? A. In the beginning, there was a workshop about ethics, and then we walked out. Then I went through the course of day. However, I did go in to talk to a trustee about an issue that had pertaining to a school and GT, and the Board president, you know, said I had to go because it was a legal meeting or a closed meeting a meeting that there was nobody supposed to be. So -- CAPITOL REPORTERS (775) 882-5322 Okay. So that meeting that you walked into, who were you going to talk to, which trustee? A. Dave Aiazzi. Q. Okay. And so who was in that closed legal meeting? Do you remember? A. So this is a transition time. So because it was like kind of transition, so all the trustees were in there. Randy Drake was in there. And I can't remember who was on the side, talking, because I remember two people walked out. And maybe the Board person who sets the stuff up like I can't remember that part. Q. Okay. A. But the trustees were there, because I was talking to Dave. And then President Clark told him -- like I had to speed up because it was a closed meeting, which I walked out of and I walked out. Q. Okay. And when you say that the trustees were there, can you tell me which trustees were present? A. So all the trustees were in there except for Estela Gutierrez. Q. Okay. So the six A. The six. Q. trustees? A. Ruggerio, Howard, Clark, McLaury, Mayer, Aiazzi. Q. Okay. Perfect. And then obviously, the legal CAPITOL REPORTERS (775) 882-5322 counsel, Randy Drake? A. Randy Drake. Q. Okay. Was Pedro in that meeting at all? A. I can't remember if Pedro was in there at that point in time because I was just going in to answer a question, and I just kind of got shooed out. Q. Okay. Had you seen or were you aware of the items that had been placed on the agenda for the July 22nd meeting? like if it's no big A. Pretty much. But honestly, deal, like I'm not going to go: Oh, we got to show up to that like that's something major. So whatever it was, I thought it was probably a closed session because closed sessions, they do negotiations. Like, I mean, I don't go to those. Q. Okay. A. 80 I just assumed they were doing negotiations or something and it was about our ethics training. So I was kind of like, okay. Q. Okay. Do you typically see the agendas A. Oh Q. that before they're posted? A. Yes. Q. Okay. A. We get sent them in advance. CAPITOL REPORTERS (775) 882-5322 Okay. So you would have seen the agenda for the 22nd or any other prior meeting? A. Of course. Q. Okay. And on that agenda for the July 22nd meeting, was there any anything posted on that agenda or placed on that agenda in reference to having any sort of discussion or taking possible action regarding Superintendent Martinez's character, alleged misconduct, professional competence? A. None of anything of the sort was on that. Q. Okay. If it had been placed on the agenda, would that have been something that you would obviously remember? A. Absolutely. Q. Okay. Prior to the July 22nd meeting, were you aware of any sort of allegations that had been made against Superintendent Martinez, and I speak directly in reference to, you know, the events that took place in reference to his CPA certificate. A. That was a big shock to everybody. Like I was like, what? Like nobody had any idea what had happened. Q. Okay. So you had said just a minute ago that you had gotten a call from Pedro. A. It wasn?t Pedro. Somebody in his office called and said, "Pedro wants to see you." Q. Okay. So somebody from his office CAPITOL REPORTERS (775) 882-5322 Um?hum. Q. called? A. It probably was his secretary called my secretary and said, "Hey, Tracy, come down." Q. Okay. So you go down to Pedro's office? A. Right. Q. And in his office at that time was himself and legal counsel A. Randy Drake. Q. Randy Drake? A. Initially. Q. Okay. Right. A. And he says to me, "The Board just fired me," and you can tell like he's frazzled, like it just seemed a little "You need to know this. weird, but he said, I'm the deputy. He goes the Board just fired me." I?m like "okay". Because that transpired, the Board president walked in, and there was somebody behind, and I forget who it was. But she said to me, "You don't take direction from him. He's no longer your boss," and then I had to walk out. Q. Okay. A. Right. That was the first time. Q. Okay. Why at that time did you have to walk out? A. Because he's no longer your boss. Q. Okay. CAPITOL REPORTERS (775) 882-5322 I'm not trying to be fired. So let?s not be silly. Q. I understand. A. Right? Okay. I don't know what I just got this door kicked, and they sucked me in, so I'm_going to step out and try to figure out what's happening right here. Because and I got really mad, kind of in shock. Like really like -- what? What? Whoa, right? So I actually seat outside of his office. Q. Okay. A. And then there was a couple of other trustees, I think Ruggerio came in and McLaury, I believe, was along with Clark. But there were people coming in and out. But who directly spoke to me was the first time -- Q. Was President Clark? A. Right. Q. Okay. Do you remember about what time this took place in the afternoon? A. It was after 1, after 12, because I know it was lunch time. I went all the way up to I mean, I had some meetings. I was doing some -- so I'm going to say late afternoon. Q. Okay. A. Like it was late afternoon. Q. Do you remember just trying to maybe put it a CAPITOL REPORTERS (775) 882-5322 little bit in context. I know you probably don't leave your office straight up at 5 o'clock every day or maybe you do. But in reference to maybe the time that you were getting ready to leave, was it A. Oh, that's -- Q. shortly before that? A. No, no. Because I was in a meeting. It was closer towards the end of the day for sure, because after I don't know how much time went by, we had to gather people up because they told us there was going to be an announcement. Q. Okay. A. So I had to gather the academic side of the house up, and that was close to going home time. Q. Okay. So it was definitely later in the afternoon? A. Oh, yeah. Yeah. Q. Okay. A. And I'm thinking, now that I think about it, because we were having a meeting it could have been after 2 when it started, like the initial Q. Okay. A. end. Q. Okay. And it was it was President Clark who specifically said to you that he's no longer your boss, something to the effect, you don?t take direction CAPITOL REPORTERS (775) 882-5322 10 Right. (Inaudible) because (inaudible) he just told me he was fired. She says that, and I'm like, okay. Q. Okay. And that's when, then, you walked out of A. Yes, I did. Q. Okay. What was your impression of the information you had just received? A. Like so initially with Pedro, like he was Because I like: Where is this shocked. I was shocked. coming from? Like: What? This isn't like you know, it's just kind of not how we operate; right? Q. Sure. A. It was a little shocking. And then there was -- not long after that, we were told that we were going to get called back in the office. So then as like then you start processing; right? Q. Sure. A. And then we get some more information later when they called me and the chief of staff back in together. Q. Okay. Did President Clark ever tell you specifically that that Superintendent Martinez's contract had been terminated or that he had been fired? Or was it A. The term "fired" was not used to my recollection. Q. Okay. A. However, also the term "on leave" wasn?t, because CAPITOL REPORTERS (775) 882?5322 11 were told he no longer worked for the District. You no longer work for the District, that means you're fired. Q. Okay. So your impression after speaking with President Clark was simply he no longer had a job with the District? A. Yes, and that's partially conveyed by Pedro too, because he told me he was fired first. Q. Okay. A. And she comes back and said he no longer works for the District. Q. Okay. 'So they matched up? A. Right. Q. And no discussion with President Clark? Did she tell you that Pedro was on administrative leave? A. No. Q. Okay. And I hate to belabor this A. Yeah, I know. Q. but did you believe when you left the room, when you left his office -- A. The first time? Q. The first time. A. Okay. Q. The first time, and we'll clear that up. After Pedro told you he was fired and after President Clark informed you he no longer worked for the CAPITOL REPORTERS (775) 882-5322 12 District so that would have been the first time did you believe that that was a permanent decision A. Yes. Q. made by A. Yes. Q. the board members? A. Yes. Q. Okay. So at this time, you're sitting out in A. I think (inaudible) because I was in the middle of a meeting, remember. So I get up and they said they'll call me back; right? Q. So what happened when who called you back, I should say? A. 80 Pedro's office called me back, and I figured: I'm not going down there. I'm not. It's all right? I'm going to go down there. There's (inaudible) down there. Okay, I'm going to go down here. Go down there, then in the room, then there was an attorney, the six trustees -- Q. Okay. A. and then Kristin McNeel, the chief of staff, and I. Q. Okay. So Pedro was not in this meeting when you got called back? A. No. CAPITOL REPORTERS (775) 882-5322 13 Okay. What took place in this second meeting? A. The gist of it was that we were going to be co?managing the District. Q. Okay. A. Kristin would be in charge of operations, and then I would be in charge of academics, which I'm already in charge of academics. Q. Okay. So -- but you would have taken over whatever duties that Pedro had in terms of the academic portion? A. I'm over academics now, so it wouldn't be different. Q. Okay. So nothing really changed for you in A. In that meeting. Q. in that meeting. Okay. Were you ever were you ever told in writing that this was going to be what took place? A. So later, we did receive an e-mail. Q. Okay. A. And the e-mail said that until like it went out to the staff, so they announced it to the leadership team. Q. Okay. A. And then an e?mail went out, and we had to produce what duties we were going to be doing and splitting up that normally would not like how it was going to impact and CAPITOL REPORTERS (775) 882-5322 14 what we were going to do that like we were working on a project of the duties. Q. Got you. So what your new duties that were added to your your current position A. Well, we were sending an e-mail of what the duties would be like, how we would split up like talk about like who would take over what type of things. Like I would be approving certain people's credit cards that Pedro would normally approve. That's when we -- like when we got the e?mail, we were supposed to develop a plan to present to them. Q. Okay. Can you go into a little bit more detail about that e?mail and what you and Kristin decided to split? A. Pretty much, it said I mean, like we had to sit down with the Board president and go over like what we would be doing and the status of what was going on. So what our interpretation was -- which we had not presented this yet, was we were going to go through all the things that Pedro so Pedro oversees operations, pretty much. Q. Okay. A. And then we have a chief operating officer and a chief of staff. My side of the house, I oversee all academics, a whole plethora. So really, what we had to do is go over we went to look at his side and kind of see like what kind of things that we would do that was differently. I mean, in CAPITOL REPORTERS (775) 882-5322 15 addition to my duties, of course, I'll be like I sign paperwork that he would normally sign, but I would sign it if he wasn't there anyways. extension of to sign. Q. A Q. A. those pieces credit card. but that got Q. A. each other's officer. Q. changed that A. Q. So, to me, that was just an the superintendent is not there and the deputy is Okay. So if he had been On vacation. on vacation or Right. -- at a training somewhere Right. you would have signed? Right. The credit card approval process and like I would not normally sign his secretary's He does that. Normally, he would sign off on my credit card, shifted to the chief financial officer. Okay. So the chief of staff now, we're not approving stuff. We'll send that to the chief financial Okay. So that is a little bit of what has For me. Right. CAPITOL REPORTERS (775) 882-5322 l6 Right. Q. And that was what you guys were discussing, that plan to come up with in that second meeting. A. Right, right. And mine was a little different than hers because I'm already over a whole bunch of stuff. So I didn't pick up tons of extra stuff. Q. Okay. A. And then the pieces that was discussed that are intentions and suggestions, like we need to know how to operate. We hadn't got to that meeting yet. But like, okay, this is what normal course of business would look like for me and Pedro. If there was an issue and we didn't agree, like we'd discuss it and come up with a solution, right. What is that going to look like now. Right? Q. Right. Got you. Okay. So obviously, President Clark, in that second meeting, told you and the chief of staff, Kristin McNeel, that the two of you were going to be co?managers A. Of the District. Q. of the District. Okay. A. And they asked if I would accept. Dave Aiazzi said, "If you don't want to do it, you don?t have to do it," and we said: No, we'll continue to work. Q. Okay. Did President Clark give you any specific REPORTERS (775) 882-5322 17 instructions as to what your duties for the future would be, or was that pretty much left up to you and Kristin? A. That was pretty much left up to me and Kristin. Q. Okay. At any time during the first meeting or the second meeting, did President Clark give you any directive to not speak with Pedro at any time? A. I think it was clear when she first told me that I was not supposed to talk to him. Q. Okay. A. Because he was no longer said I don't take He doesn't work direction from him because he's not my boss. for the District. Q. Okay. But she never specifically said, "Don't talk to Pedro"? A. Well, she stated in front of me and in front of Pedro, and she says to me, "He is no longer your boss. You do not take direction from him." Q. Okay. I understand. Did you at any time after your first meeting with Pedro, did you ever have you ever spoken with him since on any level? A. To Pedro? Q. Yes. A. Since that meeting with Q. Since the July 22nd CAPITOL REPORTERS (775) 882-5322 18 Yeah, but I can't -- like it was very I think I asked him a question about something or he asked me a question wasn't like I tried to stay away from work; right? Honestly, I can't remember what it was. Like it Because I don't need to be caught up in their minutiae and their drama. Q. Sure. Did you ever discuss any of these events that took place with any of the other board members or do they call themselves board members or trustees? A. Q. Trustees. Okay. So we'll change that. Have you spoken to any of the trustees regarding any of the events that took place that day? A. I know that I spoke with Estela the day of, and it was pretty much she said that she didn't know what was going on Q. A. She was like, I didn't know what was going on. Okay. And part of that, I think, maybe is because of some discussion that was had when they announced to the leadership team about a vote. Q. Got you. So then in reference to that, did President Clark make an announcement to the leadership team_in a separate forum_-? A. Yes. CAPITOL REPORTERS (775) 882-5322 19 apart from you and Kristin? A. Yes. They asked us to call the leadership team together for an announcement. Q. Okay. And obviously, since you had had well, let me backtrack. You had had your meeting with President Clark A. Correct. Q. already. A. Right. Q. Was the meeting with the leadership team after that? A. Yes. Q. Okay. So you and Kristen were aware that Pedro, according to President Clark, no longer worked for the District? A. At that time. Q. And that was what the meeting was. A. The announcement was to tell everybody. Q. Okay. Perfect. Let me just ask you this: Do you know anything about this anonymous complaint that came in regarding Pedro? A. Like I heard that there was an anonymous complaint, and I heard that the chief internal auditor was the one doing the research with the with Randy Drake. Q. Okay. Do you know anything more? Do you know CAPITOL REPORTERS (775) 882-5322 20 who, where? A. No. Q. Okay. You just had heard. Okay. Are you and Kristin, chief of staff, and -- and I should say was Pedro given District cell phones for work purposes? A. Q. A. Yes. Okay. Well, we would receive a stipend for our telephone bill. Q. phone? A. Q. Okay. No Okay. So then you use your own personal cell I have a work phone and a personal phone. You have do you know if Pedro had a work phone and a personal phone? A. Q. Yeah, he had two phones. Okay. Do you know if Kristin had a work phone and a personal phone? A. Q. I do not know that. Okay. by cell phone. Did you and Pedro communicate, obviously, You guys would call each other, discuss things on that cell phone? A. Q. guys On Just in the past. In the in the past, did you CAPITOL REPORTERS (775) 882-5322 21 Yeah, we had communicated before. Q. Okay. A. You know, and not necessarily just work stuff. So we had some communication. Q. Okay. Did you have any reason or did you and Pedro have any any time that you would text message at all? A. We texted each other before. Q. Okay. Have you texted each other, whether it be on your personal or on your work cell phone? A. Yes. Q. Okay. Do you know if any of the trustees are given District computers, cell phones A. I'm aware that they receive a stipend. Q. Okay. A. Now, how they do their stipends I know they have phones and they had received stipends for phones and computers. I don't know who has a computer, but they all pretty much receive a stipend for their phone. Q. Okay. So would it be that they also have a District-issued cell phone or can they use that stipend to pay for their personal phone and use that? A. It?s my understanding that it's their choice. Like I am aware that there is one trustee who did purchase a phone with it, so I know that just because it was a conversation that she had a phone. But I don?t know how CAPITOL REPORTERS (775) 882-5322 22 like John Mayer, stipend. their Q. Sure. A. I mean, conversations. Q. Okay. So they all choose, I don't think he purchased a phone. I happen to know that because of He has a and I don't really get into But I don't know who did what, all of them. So who was the trustee that you're aware of that did buy a phone? A. Ruggerio. Q. Okay. that stipend? A. Yeah. Q. Okay. And so then it's up to them how they use Have you had any reason to communicate with the trustees by text message or cell phone on any occasion? A. Yes. Q. So you have used your work phone to contact them regarding, you know, school board matters? Now, you may not know this, but I'll ask A. Right. Q. Okay. you: District? A. I think Q. Okay. work phones? Do you know who the Internet service provider is for the Would that also be the same for the the CAPITOL REPORTERS 23 (775) 882-5322 that's different, and that's by the individual. For me, it would remain the same because I purchased my phone with my own money. They paid a portion of the phone bill. Got a stipend; right? Q. Okay. A. It kind of depends on the individual. Q. Okay. Perfect. Are you aware of any documents, whether it be written or by e?mail or anything, that prove or suggest that Pedro Martinez was put on administrative leave with pay? A. Administrative leave, no. We (inaudible) received a Connect Ed call and e?mails went out to all the families, like the president sent out and I actually don't recall, I don't believe an initial e?mail and Connect Ed message that said "leave." Q. Okay. A. I don't think it said "fired" either, but it didn't say "administrative leave." Q. Okay. Do you -- how do you get those A. So -- Q. messages out? A. So, typically, they run through a system. And it could be sent out from like I can send one out through Communications and say, hey, I need it to these zoned schools or whatever. I believe that message the global messages CAPITOL REPORTERS (775) 882-5322 24 are typically sent out by Communications and crafted with the chief communications officer and whoever wants to send whatever message they want to. Q. Okay. A. And it goes out -- and I get one because my kid is enrolled in school, so I get the parent one. Q. Yes. A. And then I suppose the e?mail went?out I don't know. I get 2,000 e-mails. I never read the e-mail. I heard the phone message. Q. Okay. But you believe that there might have been an e-mail that went out to staff regarding -- A. Oh, one did go out. I just didn't read it. But like, I mean, I'm already in it, so I was like, oh, you know. Q. Okay. So you just A. It's probably sitting in the queue right now. I'm just being honest. Q. Yeah, with your inbox waiting for you to open it someday. A. Yeah, yeah. Q. Yeah. No, I get that. Was there any period of time that you're aware of that there was any sort of uncertainty or that Pedro Martinez's employment status was undefined? A. No, and that would be important to me because he CAPITOL REPORTERS (775) 882-5322 25 brought me here to work. So I have a different I mean, I would still continue to work, but like we would talk about that, you know what I mean? And we've had many conversations. At some point, if he decides to go -- I truly believe everybody was shocked when this happened, you know, like: What? I know that it was contentious between him and the Board. Nobody's going to sit here and say: Oh, they were real happy, but it never got to the point where we thought he would be terminated. Q. Okay. Do you have any idea what Trustee Rosenberg meant when he made the comment that "these issues go much deeper than the A. No. Q. Okay. But you do know that the relationship between Superintendent Martinez and the trustees was not super?friendly? A. And the deputy, of course. Q. Okay. A. I mean, it is what it is. Q. Sure. And not everybody likes everybody. A. Right, right. But, to me I mean, that happens, Q. Okay. Okay. So I just want to just one final question. CAPITOL REPORTERS (775) 882-5322 26 know I asked you this prior, but just to make sure that there's no misunderstanding. From that first meeting that you walked into, Pedro informed you that he had just been fired. A. Correct. And Randy Drake was sitting in that in the same setup. Pedro was there. I was here and Randy Drake was there, and he said that they, "the Board just fired me." Q. And then President Clark came in A. Right. Q. and she informed you that A. That he no longer worked for the District. Q. Okay. And you were to no longer take direction from him? A. Right. Correct. Q. Okay. MS. DAVIES: That's all I have. Do you have any questions for me? MS. TRACY DAVIS: So this is an investigation, so I?m clear. And I don't think I have any questions. MS. DAVIES: Okay. MS. TRACY DAVIS: Let me think for a sec. MS. DAVIES: Sure. Take your time. MS. TRACY DAVIS: I have to craft it correctly. The information used here could be a public record; correct? CAPITOL REPORTERS (775) 882?5322 27 MS. DAVIES: Eventually, it could be. Yes. MS. TRACY DAVIS: Okay. MS. DAVIES: What happens at this point, because I'm still in the middle of my investigation. You know, it's not. If and when something does happen, then it could be made public record. So MS. TRACY DAVIS: Got it. MS. DAVIES: Yes. Okay. Any other questions? MS. TRACY DAVIS: Nope. MS. DAVIES: Okay. So I'm going to go ahead and end our interview. It is approximately 4:55 on July Blst, 2014. And the interview is concluded. (Proceedings concluded.) CAPITOL REPORTERS (775) 882-5322 28 STATE OF NEVADA, SS. CARSON CITY. I, Michel Loomis, do hereby certify: That on July 31, 2014, an interview was held in the within?entitled matter in the office of Attorney General. That said interview was recorded and said was delivered to me for transcription; That the foregoing transcript, consisting of pages 1 through 28, is a full, true and correct transcript of said recorded CD-ROM performed to the best of my ability. Dated at Carson City, Nevada, this let day of August, 2014. Michel Loomis, Transcriber CAPITOL REPORTERS (775) 882-5322 29 Exhibit 4 Exhibit 4 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL RENO, NEVADA TRANSCRIPT OF ELECTRONICALLY-RECORDED INTERVIEW BARBARA MCLAURY AUGUST 4, 2014 RENO, NEVADA Transcribed and CAPITOL REPORTERS proofread by: BY: Michel Loomis 208 North Curry Street Carson City, Nevada 89703 (775) 882?5322 CAPITOL REPORTERS (775) 882-5322 A A A Office of the Attorney General: CAPITOL REPORTERS (775) 882-5322 Jennifer Davies, Deputy Chief Investigator 5420 Kietzke Lane Reno, NV jdavies@ag.nv.gov Robison, Belaustegui, Sharp Low By: Kent Robison, Esq. 71 Washington Street Reno, NV 89505 Maupin, Cox Legoy By: Michael E. Malloy, Esq. 4785 Caughlin Parkway Reno, NV 89519 RENO, NEVADA, TUESDAY, AUGUST 4, 2014, 1:35 P.M. ?000? MS. DAVIES: Today is August 4th, 2014. This is an interview being conducted at the law offices of Kent Robison at 71 Washington Street in Reno. Present in this interview is myself, Jennifer Davies, Deputy Chief Investigator; Washoe County School District Board of Trustee Barbara McLaury. Spelling is capital C, MS. No C. MS. DAVIES: No C. I apologize. So it's MS. capital M, capital L. MS. DAVIES: My apologies. MS. Um?hum. MS. DAVIES: And then also Kent Robison and Michael Malloy. The time is approximately 1:37 p.m. BY MS. DAVIES: Q. And, Barbara, you're aware that this is being tape recorded? A. Yes, I am. And I have your permission to do so? A. Yes, you do. First Okay. So we'll go ahead and get started. CAPITOL REPORTERS (775) 882-5322 all, have you spoken to any of the other Board of Trustees members regarding this interview and what you guys were going to say? A. No. Q. Okay. When was the last time that you had spoken with any of the trustees? I think it was day before yesterday. Okay. When we were here. Okay. In this office. Okay. Can you tell me what was discussed. MR. ROBISON: Was that in the presence of me? In my presence? MS. DAVIES: Yes. MS. But not beyond that. MS. DAVIES: Okay. MR. ROBISON: What occurred there was attorney/client communication. MS. DAVIES: Perfect. No problem. BY MS. DAVIES: Q. So let's there was a statement that President Barbara Clark put out last week actually, July 3lst, it's dated in which she talks about "rather than debating this issue," the complicated issue regarding Superintendent Pedro CAPITOL REPORTERS (775) 882-5322 Martinez, "that we have agreed that last week's events are void." Are you aware of the statement that I'm reading? A. Yes. Q. Okay. Were all of the board members, to your knowledge, aware of and in agreement with this statement? A. Yes. Q. Okay. Did you guys as a Board conduct or construct the statement together? MR. ROBISON: That was between me and President Clark. MS. DAVIES: Okay. This was this was pretty much written between yourself and President Clark? MR. ROBISON: Correct. At a gathering. MS. DAVIES: Okay. BY MS. DAVIES: Q. But you as a trustee agree with the information that was in that statement? A. Yes. Q. Okay. You're in agreement with the statement regarding the events that took place with Superintendent Martinez that the events are void, if you want to say that's what is stated in there. Can you explain the actions that you as a trustee member are talking about that are void? CAPITOL REPORTERS (775) 882-5322 5 Well, it appears that when we met, we basically were concerned about an allegation that had been made. And when we presented it to the superintendent, because of his demeanor, we basically felt that we needed to put him on like a leave or something like that. Q. Okay. And are those the actions that you're talking about that were, quote/unquote, void? A. Yes. Q. Okay. Is there anything else that you as a trustee feel that -- that you did wrong in that meeting where you guys made that decision? A. No. Q. Was there anything else that you would consider void? MR. ROBISON: I'm sorry, Jennifer. MS. DAVIES: Sure. MR. ROBISON: I think just for clarification, there was officers involved in a decision MS. DAVIES: Correct. MR. ROBISON: that led to a public announcement. MS. DAVIES: Correct. MR. ROBISON: So, when you say "you guys," I just wanted to make sure we're MS. DAVIES: Perfect. That it's the board (775) 882?5322 CAPITOL REPORTERS members. I'll be a little bit more specific. MR. ROBISON: It goes to the Board itself, what the officers did as opposed to what the rest of them did or did not do. MS. DAVIES: Correct. MR. ROBISON: Thank you. MS. DAVIES: You bet. BY MS. DAVIES: Q. Did you want to go ahead and answer? A. I don't even remember the question. Q. Okay. It was if there was anything else that you as a trustee felt that was that was void other than that specific action regarding the allegations. A. NO. Q. Okay. When was the decision made to enter into what has been known as the it's either a non-meeting or the closed legal meeting after the initial board meeting on July 22nd? A. When was say that again? Q. When was that decision made to enter into that closed legal meeting with Counsel Drake, Randy Drake? A. I would say somewhere around hum. I'm not positive, but I think it might have been around 11:30, something like that. Q. Okay. And that was on July 22nd; correct? CAPITOL REPORTERS (775) 882?5322 Yes, um-hum. Q. Okay. Who was in attendance in that that legal meeting? A. Myself, Randy, Barbara Clark, John Mayer, Dave Aiazzi, Lisa Ruggerio, and Howard Rosenberg. Q. Okay. So all of the trustee members were in attendance except Estela Gutierrez? A. Well, she was on the phone for a portion of that meeting. Q. Okay. Can you tell me what portion of the meeting she was on the phone for. A. Well, it was sort of the end of the discussion with the Board of Trustees before the officers went in to speak with Pedro. Q. Okay. And what was the purpose of this legal meeting? A. To provide information to all of the board members that there had been allegations regarding Pedro's being a CPA. Q. Okay. A. And we believed or the meeting was then to see whether so that everyone would understand that that allegation had been made. Q. Okay. So the allegation had been made. Ultimately, can you tell me a little bit about what was CAPITOL REPORTERS (775) 882-5322 discussed in that legal meeting. A. That the allegation. That was pretty much it. Q. Okay. So, I mean, I guess I'm wondering what took place and what discussion was made between the trustee members. MR. ROBISON: Can I help? MS. DAVIES: Sure. MR. ROBISON: Help you. There was a series of discussions. MS. DAVIES: Okay. MR. ROBISON: And it starts with a disclosure about the CPA issue. MS. DAVIES: Okay. MR. ROBISON: And the officers go see Pedro and the officers come back and report to the board room where they were all. And this shuttled back and forth over a period of several hours. When you say "meeting" or "discussion" MS. DAVIES: Okay. MR. ROBISON: the officers are meeting with Pedro, and the officers are reporting to the Board. MS. DAVIES: And then they come back. There's more meeting. It's back and forth. MR. ROBISON: It goes back and forth. MS. DAVIES: So maybe what I need to do is be a CAPITOL REPORTERS (775) 882-5322 little more specific as to time frame that the discussion and the meeting prior to meeting with Pedro and informing him of his his departure. Whether it be that he was terminated or put on administrative leave, I won't be specific because I believe that ultimately is in question. BY MS. DAVIES: Q. But what discussion did you as a trustee have during that time? Do you understand? A. No. MR. ROBISON: As an officer of the Board? MS. Which time? MR. ROBISON: Officers were determined to talk to Pedro, the three officers. BY MS. DAVIES: Q. Okay. Let me maybe we should do this. Who were the officers of the board? A. I am the vice president. Barbara Clark is the president, and Lisa Ruggerio is the clerk. Q. Okay. A. And we represent as the officers. Q. And then you represent the entire Board, and it was was it you, Lisa Ruggerio and President Clark who then ultimately went down and spoke with Pedro regarding these CAPITOL REPORTERS (775) 882-5322 10 allegations? A. Well, I don't know that we represent the entire Board, but we went in to convey the information to Pedro of what the Board had felt. Q. Okay. Had you received any advice from your legal counsel during this meeting? MR. ROBISON: As an officer? MS. DAVIES: Yes. MR. ROBISON: Go ahead. MS. MCLAURY: NO. BY MS. DAVIES: Q. Okay. As a I guess let me ask you this: As an officer, are you also because this is a little bit new to me with the whole Board and everything. .As an officer, are you also then a member or a trustee, as is Dave Aiazzi and Howard Rosenberg? MS. Yeah. MS. DAVIES: Okay. MR. MALLOY: Are you asking a member of the full board of trustees; isn't (inaudible) fact MS. DAVIES: Yeah, I'm just kind of trying to get an idea of the way the composition is laid out. MR. ROBISON: I think you will find out as this thing progresses that there's a decision at the officer level but not necessarily a decision at the Board level. CAPITOL REPORTERS (775) 882-5322 11 lbwMS. DAVIES: Okay. MR. ROBISON: That's where this thing goes. MS. DAVIES: Okay. That makes it a little bit clearer. MR. ROBISON: Thank you. BY MS. DAVIES: Q. So then, as an officer, then did you receive advice from your legal counsel during this legal meeting? A. With all the rest of the trustees. And I don't recall what specifically he if he said something. MR. MALLOY: And, of course, it would be privileged. MS. DAVIES: Exactly. And I'm not asking what information. BY MS. DAVIES: Q. I'm just asking in general if you received any legal advice from counsel during that meeting. A. I don't recall that. Q. Okay. Was there a point during this meeting, this legal meeting, that a decision regarding Superintendent Martinez's contract was made? A. No. Q. Okay. So at what point did the Board and the officers make a decision regarding his contract and what you as a as a Board and the officers were going to do? CAPITOL REPORTERS 882-5322 (775) 12 MR. ROBISON: There was a decision, Jennifer. The decisions that were made by the officers were not necessarily decisions of the Board. I just want to point that out to you. MS. DAVIES: Okay. MR. ROBISON: When you put them together, they're not MR. MALLOY: It's the way you're asking your question. MS. DAVIES: I'm making them one and the same. MS. MCLAURY: Yeah. BY MS. DAVIES: Q. So let me clarify. Was the decision by the officers, which would be you, President Clark and Ruggerio, was that a decision that was unanimous with the other trustees? A. There really wasn't any kind of decision made by the trustees going into the first discussion of Pedro or the discussion with Pedro. It was to go and say: 'We've got this allegation. Q. Okay. A. And Q. Why don't we why don't we back up, and then maybe I can get a little more specific. Why don't you tell me what happened from the time CAPITOL REPORTERS (775) 882?5322 13 that you entered into that very first meeting to discuss the allegations. What happened throughout the process for you? A. In the first meeting with the Board of Trustees? Q. Yes. In that initial legal meeting. A. Oh. Well, Barbara Clark led that discussion that there had been an allegation, and there what she perceived to be a very serious one and wanted everyone to know about that. Q. Okay. A. And then there was some discussion about that, and then the officers were asked to go to discuss that with Pedro. Q. Okay. And what was discussed with Superintendent Martinez? MR. ROBISON: With the officers. MS. DAVIES: With the officers. Yes. MS. Well, we went and sat at the table and Barbara said, "There's been an allegation that we feel is very serious," and then I believe she said something about a public meeting, as I recall. And then he he began to get upset at that point, and he said he wasn't going anywhere. And then things sort of for me, I don't recall much because he had said he was going to talk to or call Governor Sandoval and Artie Duncan, and he had gotten up from the table and gone to sit down at his desk. CAPITOL REPORTERS (775) 882-5322 l4 And then at that point, I think Randy got up, and then and I thought someone came to the door, because then he said he wanted to talk to me. And I I just wasn't I didn't talk with him. BY MS. DAVIES: Q. Okay. A. And then we left. Q. Okay. So, when you left, did you then go back to back to the legal meeting with the other trustees and Randy Drake? A. I did. At some point, I went back there. See, this is where I can't recall all of the specifics. Because at one point, I went and sat in the outer office on the couch with John Mayer and Howard Rosenberg. Q. Okay. A. And that is the point where I have kind of gotten to the point I don't recall anything. I was very upset by the whole process. Q. Okay. Were you can you tell me about the decision that was made after the officers went and spoke with Pedro and.informed him of this allegation. What happened from there? Can you tell me because ultimately, there was a decision that was made by the officers to inform Pedro that he was on some sort of MR. ROBISON: Just ask her what happened CAPITOL REPORTERS (775) 882?5322 15 MR. MALLOY: Yeah. MR. ROBISON: to get the story, because I think there's some misinformation. It didn't happen that way. MS. DAVIES: Okay. So then well, and this is where you say that you don't remember. MS. Well, I don't remember where you're at. MS. DAVIES: Well, you're sitting on the couch, and you and the other officers have just talked to Pedro about these allegations. And and he's upset. So at what time from there, what happens? MR. ROBISON: There you go. MS. Then I sat and told Howard, John actually, at that point, I was crying. People were concerned that the other two officers who had finally come out of his office were concerned that he was texting people and that he was going to tell everybody something, that we were just worried about that. That would cause a big upset. And that was at that point where I think was where they said, well, he better vacate the building. And so that was the that was that was the conversation between the three officers, and we thought, well, it probably would be best. BY MS. DAVIES: Q. Okay. What exactly was said to Pedro to inform CAPITOL REPORTERS (775) 882-5322 16 tell him to leave the building? What exactly did the officers tell him? A. I did not recall any of that Q. Okay. A. at all. Because at that point, I was, I believe, sitting on the couch. And Lisa and Barbara, I think. But I don't recall all of that. Q. Okay. Were you part of that meeting with the other officers or were you separate from that at that time? A. We talked in the outer room regarding having him go home. MR. MALLOY: Who is Barbara? MS. Oh, sorry. Barbara Clark, Ms. Ruggerio and I talked about that. BY MS. DAVIES: Q. Okay. A. And then at that point, I was back down sitting down. And so I did not recall anything beyond that. Q. Okay. After the discussion that Pedro should leave the building, what happened? A. Huma Well, I sat there on the couch, and as I recall, people said: Okay, we need to go back out of here. And so then we went back into the board room, as I recall. Q. And then when you went back into the board room, what happened? CAPITOL REPORTERS (775) 882-5322 l7 Nothing. We just sat in there. Q. Did any sort of board meeting continue A. No. No. Q. to take place? A. No. Hum?um. Q. Okay. So you guys just left. Were you in Pedro's office at that time just prior to that? A. No, I was in Pedro's office, and then I went into the you know, the outer office. Q. Okay. A. And then I went into the board room. Q. Okay. So then once you once you were back in the board room, was it you and the other officers and the other three trustees A. Well, no. Q. in question? A. I think that well, I can't recall everyone that was in the board room, but I know that it was John Mayer and I were there for sure, and that's about all I can comment. I don't recall all of that. Okay. A. I was highly emotional at that point. I just was . Q. And do you remember, then, what happened in the CAPITOL REPORTERS (775) 882-5322 18 board room? I mean, did everybody just kind of sit there and then everybody went home or did we A. Well Q. Did you and the other officers have some sort of a public meeting? A. Huh?uh. No, we didn't. Q. Okay. A. At that point, I believe that Irene Payne, who is our communications officer, she was I don't recall if she was right there, but someone said we need to let let the public know and the families know. So that was and I can't remember if that was right there or in the ante office. Q. Okay. Were you present when information was provided to Deputy Deputy Superintendent Tracy Davis? Were you present with President Clark during any discussion? A. NO. Q. Okay. A. I was not. Q. Were you present during any discussion with President Clark and Chief of Staff Kristin McNeel? A. No, I was not. Q. Okay. Were you present during a portion of the board meeting where information was relayed to I believe it's the leadership team to inform them of the events that had just taken place? CAPITOL REPORTERS (775) 882-5322 19 Yes, I was there. Q. Okay. A. I stood with the president and I think it was Lisa Ruggerio and Dave Aiazzi. I'm not positive, but I think so. Q. Okay. And can you tell me what was said during that meeting or during that discussion. A. There was no discussion. We just notified the leadership team that Pedro had was had basically been relieved of his duties at that point. Q. Okay. A. And that was pretty much all that was said there. Barbara Clark was speaking. I don't recall everything she said. Q. Okay. And then from there, did the officers participate in a public comment to the media regarding the events shortly after the events that took place? A. What do you mean, "participate"? Q. I guess that's a bad word. I guess did did the officers did you and and any other officers stand with President Clark as she gave a statement to the media? A. Yes, I stood there, and I'm not sure if anyone else did. Q. Okay. Do you remember what President Clark said during that statement? CAPITOL REPORTERS (775) 882-5322 20 don't, other than to reiterate that statement I just said, which now (inaudible), and I think that was about it. Q. That Pedro Martinez had been relieved of his duties? A. Yes. Q. Okay. During any of the discussions that you were involved with with Pedro, do you remember if President Clark ever told Pedro Martinez that he was that his contract was being terminated? A. No, I don't. Q. Do you ever remember if President Clark said that he was being fired? A. No. Q. Okay. Do you remember if President Clark ever said that he was being placed on administrative leave with pay? A. No, I don't believe she said that. Q. Okay. So your recollection is somewhat that he had been relieved of his duties; is that correct? A. Yes. Q. Okay. According to this statement that President Clark put out on July regarding the "last week's events were void," she states in here that "Superintendent Martinez was never terminated or fired as superintendent of CAPITOL REPORTERS (775) 882-5322 21 the Washoe County School District," and there's there's some that that comes before and after that part of her statement. My question to you is that if you if you as an officer were in agreement with this statement and Superintendent Martinez was never fired or terminated, why was there discussion about a possible interim superintendent or a permanent replacement for Pedro Martinez? A. I don't know when that discussion took place. I don't recall that. Q. Okay. It was I can tell you it was during the -- the notification to the public that President Clark made that you were standing next to. You weren't speaking, but you were part of that news conference, if you want to call it. And there was a question from the public about an interim superintendent, and President Clark had made that comment. So, I'm just curious: If Pedro Martinez hadn't been fired or terminated, why would the Board have been looking at an interim superintendent? MR. ROBISON: When you say "the Board," that?s quite a large statement. MS. DAVIES: Correct. MR. ROBISON: And the question was whether or not she knows anyway. MS. DAVIES: Correct. But Barbara did say that CAPITOL REPORTERS (775) 882?5322 22 agreement with this statement. MR. ROBISON: Which that says nothing about an interim or MS. DAVIES: No, it doesn't, but that's what I'm asking is MR. ROBISON: Well, I'll tell you that came as a surprise to everybody. But if you ask the question, you'll find out that the interim president [sic] has nothing to do with what this person involved with. MS. DAVIES: No, and that's what I'm asking. I'm asking why as a just as an individual, I guess, would would the entire Board be looking for an interim deputy or an interim superintendent. MR. ROBISON: That's not fair. The entire Board wasn't. Barbara Clark said that. These people weren't involved in that. Ask her whether or not she knows anything about that. BY MS. DAVIES: Q. Do you know anything about searching for an interim A. No. Q. superintendent or a replacement? A. No, I do not. Q. Did President Clark ever mention to you her CAPITOL REPORTERS (775) 882-5322 23 interest in finding an interim or permanent replacement for Superintendent Martinez? A. I don't recall that conversation. Q. At any time? A. That there was Q. Okay. Are you aware of the anonymous complaint that arrived? A. Yes, I am. Q. Okay. Can you tell me about how you became aware of that complaint? A. I since I'm the vice president, I had gotten a text from President Clark to come to her office over at the auto museum? And when I got there, it was around 11:30 I think it was the day before. I've lost anyway, when I got there, she was there along with Randy and Paula Ward, who is our internal auditor and Randy's auditor. Q. Okay. A. And they said then at that time that there had been an allegation, that someone had called Paula Ward and told her that there that Pedro Martinez was not a CPA and that he it was advertised on our website, something of that nature. Q. Okay. So from that point, when you became aware of that, what did you do? A. I couldn't believe it, and I could do nothing CAPITOL REPORTERS (775) 882?5322 24 once the information had been presented to me. And so I went home. That night, I texted some questions to Randy Drake on my iPhone, and that was it. And I said nothing to anyone about any of that. It's not my place to do that. Q. Okay. Did you participate in uncovering any information regarding whether you were proving or disproving these allegations to be true or false? A. I sent a I gave Randy and Paula a website that I found on the morning of the 22nd when I was supposed to be paying attention at the ethics hearing, and I asked them to please look at that. Q. Okay. And what was that website? A. I well, I have it, I think, in my car. It I don't I can't remember what it was. Q. Do you remember just vaguely what the website was in reference to? A. It was in reference to the historical perspective of a CPA in Illinois. Q. Okay. A. Because it's there's some confusion, I think, around that. Q. Okay. Do you know if anything was done after you texted that information? A. I didn't text it to them. I handed them a piece of paper CAPITOL REPORTERS (775) 882-5322 25 Okay. with it on it. And asked them And said, "Take a look at this," because the meeting was going on, and so I didn't want to interrupt the meeting. Q. Okay. And when you say "them" A. Pardon me. Paula Ward and Randy Drake. Q. Okay. So do you know if anything ever came out of that information that you gave to Paula Ward or Randy Drake? A. No, I don't believe I have anything definitive from them. But I can't recall in the timeline of all of this that was going on. Q. Okay. Are you, as an officer, given a District cell phone for Board purposes or work purposes that you conduct business on? A. We have a District I mean, we have a stipend from the District Okay. A. to help defray expenses for our Internet and phones. Okay. A. That's my understanding. Q. Okay. So do you do you personally use your CAPITOL REPORTERS (775) 882?5322 26 own cell phone, your personal cell phone and your personal computer to conduct that the Board business? A. Yes. Q. Okay. How often would you say that you use that either your cell phone or your e?mail and your computer to conduct business on occasion? A. Well, I do a lot because I'm -- especially on the e?mail Q. Okay. A. either answering from constituents or hearing from constituents. I mean, you're forwarding something to someone to make sure they get the information. Q. Okay. Have you had occasion in the past to communicate with Superintendent Martinez by cell phone or e?mail? A. Yes. Q. Okay. A. by text. Q. Okay. MS. DAVIES: And I do just want to make a note at this time Kent Robison had just stepped out of the office. MS. Okay. BY MS. DAVIES: Q. Tell me if if the actions during the July 22nd meeting regarding Pedro Martinez were void and the officers, CAPITOL REPORTERS (775) 882-5322 27 understand it correctly, then asked Pedro Martinez to come back to work, I believe, on the was it the 29th, I believe? A. I don't Q. Is that correct okay. How did the officer how did the officers come to that decision to have Pedro Martinez return to work? A. Well, that was in a legal gathering, again, with our attorney where all of this was discussed. Q. Okay. MS. DAVIES: And I'll just make note at this break that, Kent, you stepped back into the room. MR. ROBISON: Thank you. BY MS. DAVIES: Q. So this this meeting about having Pedro Martinez come back to work and resume his duties, that took place within a legal within a meeting with legal counsel; correct? Yes. Q. Okay. Was that information ever public? MR. MALLOY: What information? IMS. DAVIES: The information that you were having a meeting to discuss the contract of Superintendent Martinez to return back to work. MR. ROBISON: He would he would CAPITOL REPORTERS 882-5322 (775) 28 MR. MALLOY: (Inaudible). MR. ROBISON: There was no meeting for that. MS. DAVIES: Okay. BY MS. DAVIES: Q. So then did you MR. ROBISON: There was a gathering about the lawsuit that Martinez had filed. BY MS. DAVIES: Q. So then my question to you I'll rephrase it. How did you as an officer make the decision to have Pedro Martinez return to work? MR. ROBISON: Barbara Clark made that decision. As I told you, she wasn't involved, and that's why it's her statement. BY MS. DAVIES: Q. So the decision to have Pedro Martinez return to work, you were not party of you were not privy to or were you? MR. MALLOY: There's an assumption in your question that there was a decision at all. MR. ROBISON: Legal advice was given. Legal advice was accepted and legal advice was implemented by Barbara Clark's statement. BY MS. DAVIES: Q. Okay. So prior to Barbara Clark's statement, CAPITOL REPORTERS (775) 882-5322 29 were you aware that Pedro Martinez was being asked to come back to work? A. Well, I was part of the legal gathering, but Barbara Clark made that decision. Q. Okay. Did you have any input on that decision? A. I don't think any input was asked for, but I can't recall that specific information at that meeting, that specific issue. Q. Okay. During the meeting that we're that we're talking about in reference to the decision that President Clark made to ask Superintendent Martinez to come Were there back to work, who else was part of that meeting? other board members or officers present? A. Yes, there were. Q. And who was present? A. All the board members were present except for Estela Gutierrez. Q. Okay. And.then obviously, the three officers: yourself, President Clark and Lisa Ruggerio; correct? A. Um?hum. Q. Okay. Do you have any idea actually, I'm going to take that back. Are you aware of the court filing on July 29th outlining possible past performance deficiencies of Pedro Martinez? CAPITOL REPORTERS (775) 882?5322 30 State that again. Q. Are you aware of a court filing on July 29th outlining supposed past performance deficiencies of Pedro Martinez? A. I am aware of that document, yes. Q. Okay. And how did how did you become aware of A. I think I read it in the paper. But other than that, I can't recall. Q. Okay. Were you part of any sort of meeting that discussed the information within that court filing? A. Oh, gosh, I don't recall discussing any deficiencies. Q. Okay. Do you remember giving or being part of a public hearing for Pedro Martinez's performance evaluation less than two weeks prior to the July 22nd meeting? A. That meeting, I believe, was held on June the 10th, his evaluation meeting. Q. Okay. Was it June the 10th or July 10th? A. June 10th. It's supposed to be done before the 30th of June Q. Okay. My mistake. A. by state statute. Q. My mistake. So it was approximately six weeks prior. CAPITOL REPORTERS (775) 882-5322 31 Yes. Q. Okay. Were you part of that public meeting? A. Yes. Q. Okay. Do you know how, in a public meeting regarding Pedro Martinez's performance evaluation, how it is rated or he is rated with a proficient evaluation and then approximately six, possibly seven weeks later, now there are supposed past deficiencies with his performance? MR. MALLOY: How does this relate at all to the open meeting law issue? MR. ROBISON: (Inaudible.) MR. MALLOY: Sorry. MR. ROBISON: First of all, no one said there are past deficiencies. MS. DAVIES: Okay. So even if we say deficiencies, and we won't label it as past or MR. ROBISON: I think they are labeled in the moving papers as current deficiencies. BY MS. DAVIES: Q. So then I'll go back and say, do you know how, with from a period of six weeks that he has a proficient evaluation -- seven weeks to the time where when the officers meet to discuss an allegation of his CPA license or certificate MR. MALLOY: I don't understand how this relates CAPITOL REPORTERS (775) 882-5322 32 mU'lpwaH (fx. to an open meeting law question. Can you fill us in? MS. DAVIES: I mean, it just gives a little bit of back history, and what I'm trying to determine is MR. ROBISON: Here's your suggestion. Your suggestion is that the Board met and they discussed his performance at a meeting that was not public. I think that's where you're going. MS. DAVIES: Correct. MR. ROBISON: Because that's what Mr. Peterson accused me of doing. MS. DAVIES: No, I'm not saying that what I'm trying what I'm trying to get to and the information MR. ROBISON: Their board meeting that evaluated him and his performance that was not public. That's the question. MS. DAVIES: What I'm.trying to find out is MR. ROBISON: (inaudible) -- MS. DAVIES: No, what I'm trying to find out is from the time that he had his proficient evaluation seven weeks prior to or six weeks prior to July 22nd and then a week later, on July 29th, documents are filed that he has deficiencies. MR. ROBISON: Had he filled the castral positions by then? MS. DAVIES: That I'm.not -- that I'm not CAPITOL REPORTERS (775) 882-5322 33 MR. ROBISON: When he moved the principal around, did he coordinate that as required to by the contract with the Board of Trustees? MS. MR. DAVIES: ROBISON: The answer is no and no. And we're not here to discuss what Mr. Peterson accused us of doing is having a meeting behind closed doors that considered his performance. with your office. That's the complaint that Mr. Peterson filed And those are untrue allegations. MS. DAVIES: Okay. And I'm only here I'm not here to I'm only here to figure out what happened in that MR. ROBISON: Yeah. MS. DAVIES: legal meeting and what has transpired since. MR. ROBISON: Which -- MS. DAVIES: On July 22nd. MR. ROBISON: Which legal meeting? MS. DAVIES: The legal meeting between the MR. ROBISON: You mean July MS. DAVIES: -- officers. MR. ROBISON: 22nd? MS. DAVIES: Yes. That's what I just spoke of. MR. ROBISON: July 22nd, there was a meeting, and on July 29th, there was a lawsuit and a reSponse. Mr. CAPITOL REPORTERS Peterson has filed a document in your office saying that 882?5322 (775) 34 the deficiencies that are raised in my motion must have been considered by the trustees at a closed meeting that was not open to the public, and that's false. That's the complaint that you're here to investigate. MS. DAVIES: No, I'm actually here to investigate the initial complaint on July 22nd that President Clark issued a statement on and your office also read a letter on saying that MR. ROBISON: But you're asking about the deficiencies. MS. DAVIES: Right, right. And that's a follow?up because now, what I'm.trying to find out is the decision was made, as you informed me, the decision was made and I shouldn't say that you informed me. The decision was made from the statement by Barbara Clark for Superintendent Martinez to return to work. MR. ROBISON: Correct. MS. DAVIES: So what I'm trying to find out is from the July 22nd meeting MR. ROBISON: Correct. MS. DAVIES: to present, how did this information come to be. MR. ROBISON: What information? The deficiencies? MS. DAVIES: The information that President or CAPITOL REPORTERS (775) 882-5322 35 that Superintendent Martinez comes back to work and these deficiencies. So what I'm trying to find out is did did Barbara have any part of any discussion regarding Pedro Martinez coming back to work or or any deficiencies that Pedro Martinez may have. MR. MALLOY: Where you lost me is that I thought your questions were about what happened on June 10th. MS. DAVIES: Well, that was part of I mean, if you go from I guess maybe it's just me being logical. But if you have a proficient exam.or a proficient evaluation in a year MR. MALLOY: That's not what you're investigating. MS. DAVIES: That's not what I'm investigating, but as we know there's also information that probably goes back further, which I'm trying to find out if there's any relevance to our current investigation. MS. I don't know what you're talking about. BY MS. DAVIES: Q. So now we'll go back to, are you aware of or were you part of any discussion that was held or were you part of any discussion in which the decision was made to have Pedro Martinez return to work? A. I think I answered that already. CHPITOL REPORTERS 882-5322 (775) 36 Okay. And your answer was? A. I don't remember what my answer was, but I don't I don't believe I was a part of that. I think Barbara Clark is the one who made that final. I didn't make any decision. Let me just say that. Q. Okay. Were A. I was not part of a meeting or a any sort of gathering that that that ultimately, that decision was made. Q. I'm not asking if you made the decision. I'm asking if you were part of A. Okay. Q. as we're sitting here right now, were you part of a meeting where that discussion and ultimately, that decision was made? A. Yes. Q. Okay. And were you part of any discussion recently about this July 29th court filing or did you, as you say, learn about it in the news? A. I don't believe that I was part of any discussion the court file. about that, whatever it is, I don't recall, then, I guess I should say. Q. Okay. MS. DAVIES: I don't think I don't think I CAPITOL REPORTERS (775) 882?5322 37 have anything else. Do you have any questions for me? MS. No. MS. DAVIES: Okay. Is there anything else that either of you want to address before I turn the tape recording off? MR. ROBISON: NO. MS. DAVIES: Okay. I would ask that you don't discuss our investigation any of the information that we've talked about in the interview questions, responses until our investigation is Complete. MS. I won?t do any of that. MS. DAVIES: I appreciate that. At this time, I'll go ahead and end our interview. The time is 2:25, and it is 2:25 and it is August 4th, 2014. (Proceedings concluded.) CAPITOL REPORTERS (775) 882-5322 38 STATE OF NEVADA, ss. CARSON CITY. I, Michel Loomis, do hereby certify: That on August 4, 2014, an interview was held in the within?entitled matter in the office of Kent Robison. That said interview was recorded on JAVS, and said JAVS was delivered to me for transcription; That the foregoing transcript, consisting of pages 1 through 38, is a full, true and correct transcript of said recorded JAVS performed to the best of my ability. Dated at Carson City, Nevada, this 17th day of August, 2014. 882-5322 CAPITOL REPORTERS (775) 39 Exhibit 5 Exhibit 5 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL RENO, NEVADA TRANSCRIPT OF ELECTRONICALLY-RECORDED INTERVIEW HOWARD ROSENBERG AUGUST 5, 2014 RENO, NEVADA Transcribed and CAPITOL REPORTERS proofread by: BY: Michel Loomis 208 North Curry Street Carson City, Nevada 89703 (775) 882?5322 CAPITOL REPORTERS (775) 882-5322 A A A Office of the Attorney General: CAPITOL REPORTERS Jennifer Davies, Deputy Chief Investigator 5420 Kietzke Lane Reno, NV jdavies@ag.nv.gov Robison, Belaustegui, Sharp Low By: Kent Robison, Esq. 71 Washington Street Reno, NV 89505 Maupin, Cox Legoy By: Michael E. Malloy, Esq. 4785 Caughlin Parkway Reno, NV 89519 (775) 882?5322 RENO, NEVADA, TUESDAY, AUGUST 5, 2014, 2:00 P.M. ?oOo? MS. DAVIES: Okay. Today's date is August 5th, 2014. The time is approximately 2:00 and this is an interview taking place at the law offices of Kent Robison at 71 Washington Street in Reno, Nevada. Present in this interview is myself, Jennifer Davies, Deputy Chief Investigator, along with Mike Malloy and Trustee Howard Rosenberg. And, Howard, you are aware that I am tape recording this? MR. ROSENBERG: Yes. MS. DAVIES: And I have your permission to do so? MR. ROSENBERG: Yes. BY MS. DAVIES: Q. Okay. So what I wanted to talk to you a little bit about today are the events that took place on July 22nd. So what we'll do is I'll kind of let you go through the events, and then we'll go back and kind of break them down a little bit for some specifics. A. Okay. Q. So if you want to just go ahead and start. A. It was a workshop day. We began at, as I remember, 9:00. First was ethics training from the oh, CAPITOL REPORTERS (775) 882?5322 good Lord. Karla I can't remember her last name. She's the director of the ethics commission. MR. MALLOY: It doesn't matter. MS. DAVIES: Yeah. MR. ROSENBERG: Okay. Yeah. In any case, it was about hour and a half, then we took a break. Then we had the workshop with the BoardDocs people. They are a group that puts your minutes online and, if you know how, can you access minutes from any time in the past, and they were trying to show us how to use this, which was a complete waste of time for me. I (inaudible) like I remember yesterday. Then we took another break, and a few minutes, as I remember, Barbara came back into the room and said that there was going to be a closed session with our attorney and asked everybody else to leave. If I remember, we Were all sitting where we would I was closest to normally sit. So it was a long thingamajig. the door over here. Pedro was in the room, as I remember, and hit us from a bolt out of the blue about someone had called and said that Pedro was misrepresenting himself as a CPA and that there was a real problem, and we needed to handle this. Pedro said there was a misunderstanding and that this was not, indeed, the case at all. And as I remember it's been a little bit. As I remember, he left to go out and come back and bring us a copy of his what do you call that, CAPITOL REPORTERS (775) 882-5322 his diploma from the University of Illinois Q. Okay. A. saying that he was indeed a CPA. There were he made copies for each of us, and then I'm not exactly sure when or how, but he left the room. Randy explained to us at the very beginning while Pedro was still there that this was a meeting between the trustees and their attorney. We could discuss. We could ask for information, but under no circumstances was any action to be taken. "Are we And I asked him point blank. I said, violating the open meeting law?" He said, "Absolutely not. You don't have to worry about that. If, indeed, you're even coming close, I'll stop you before you get there." Q. Okay. A. So I was relatively comfortable. When she said that it was a closed meeting, I thought that it was going to be to talk about something else. I had no idea that any of this had transpired. Q. And when you're talking about "this," you?re talking this CPA issue? A. The CPA issue. Yes. Q. Okay. A. That was the bolt out of the blue. Q. Was it President Clark who who said to the -- CAPITOL REPORTERS (775) 882-5322 the trustees and the other officers that that was the issue that needed to be addressed or discussed? A. It was either her or Mr. Drake, and I'm not sure which. I think it was Barbara. Q. Okay. A. I think it was Barbara. And it was very straightforward. There was a complaint that had come in from someone. We needed to get to the bottom of it, and that's what we were doing. All right. So Pedro left the room, and Barbara said that we really needed to talk about this. Do we need to make this a public meeting? She felt that, indeed, we did. They were mostly shocked more than anything else. I didn't know what to ask. It went Randy was asked some questions about legalities. This was of sufficient kind of importance that it needed to be an open meeting in which, you know, we were legitimately able to discuss this and possibly take action. At that particular point, we couldn't. It went back and forth for a bit. There were legal questions as to whether or not the diploma was enough to do what Mr. Martinez obviously thought that it did. There were others that said, "But that's in Illinois. That's not in the State of Nevada," you know, and back and forth. So Barbara said, "We need to go talk with Pedro. CAPITOL REPORTERS 882-5322 (775) This needs to be an open meeting. I think we need to talk with him about that." She got up, as I remember, Barbara McLaury said, "Well, you?re not going to go down there alone. I'll go with you." And Lisa Ruggerio, who?s the clerk, also said, "I'll go with you too." And Randy went with them, and they went to talk to Mr. Martinez. MR. MALLOY: Is that where you want to pause, then, and take a MS. DAVIES: Yeah, we can do that. We can kind of and that will break it up. It might be a little bit easier. MR. MALLOY: So we're at the end of the meeting the legal gathering. MR. ROSENBERG: Yes. MR. MALLOY: For the time being. MR. ROSENBERG: Yeah. Yeah. MR. MALLOY: Okay. BY MS. DAVIES: Q. So President Clark says initially, "We need to have a closed session" and asks all other staff to leave? A. Yes. Q. And then mentions that there had been this complaint. And I just want to make sure, prior to that CAPITOL REPORTERS (775) 882-5322 moment where she informs the trustees and the officers that the complaint was regarding a CPA issue A. Um?hum. Q. had you been aware of this anonymous complaint prior to that day? A. No. Q. Okay. A. Absolutely not. Q. Had you been aware of any sort of investigation internally that had been conducted by anybody on the Board to kind of vet out whether to prove or disprove the A. No. Q. Okay. A. No. Q. So Pedro shows the Board A. Right. Q. his certificates. A. Right. Q. How was his demeanor at that point? A. He was agitated. Q. Okay. A. Well, I mean, that's understandable. Come on. Q. Sure. A. But everything was more or less okay. I mean, he just handed everybody the thing. I read it, and I'm not a CAPITOL REPORTERS (775) 882+5322 lawyer. I don't understand these things. I never have. It doesn't say certificate of CPA, you know. It's a little bit strange to look at it. And I was, quite frankly, in shock. Q. And you say "in shock." In shock of what? A. The whole thing. This came out of the blue. I was -- I had been I had been worried about the way situations are handled, but I don?t like to see anybody hurt under any circumstances. There's a humane way of handling everything. So, now, calm it down and we'll get to this. But I knew nothing about it before. I wasn't prepared for it, and it just hit me. Q. Okay. So then at this point, President Clark, Vice President McLaury A. McLaury. Q. and then Clerk Ruggerio leave with Counsel Drake A. Yes. Q. -- and go to Superintendent Martinez's office? A. Yes. Q. You were not present -- A. No. Q. for any of that? A. No. Q. Okay. You stayed back in the board room with A. Stayed in the board room, very definitely. CAPITOL REPORTERS (775) 882-5322 With the other two trustees? A. There was Mr. Mayer and Mr. Aiazzi. Q. Okay. A. The three of us. Q. Okay. At what point, then, do you the officers and counsel come back to the Board? A. I can't tell you how much time. It was a while. Q. Okay. A. And then they came back in. Q. And what was discussed when they came back in? A. All this stuff is tough on me. Q. That's okay. A. Naturally, Mr. Martinez was very upset. He wasn't he didn't understand what was going on. "If you want contract," you know, that kind of thing. And I?m saying to myself, "No, nobody wants to do that. Relax." Q. Nowstop you for a second. Did Superintendent Martinez come back -- A. No. Q. into the board room to say or to share that, or was that information that was shared with you A. When when the officers and Mr. Drake were Q. Okay. Who shared that information that that was CAPITOL REPORTERS (775) 882-5322 10 what Pedro wanted? A. I don't Q. Do you remember? A. I don't remember. Q. Okay. But it was shared to the trustees and the officers that it was Pedro's intention to get buy A. Right. Q. out of his contract? A. Right. Q. Okay. So then what happened after what took place after that? A. It was Mr. Drake went back and forth a number of times. The I don't want to say negotiations, but, you know, who's going to do what and how much is it going to cost and all that kind of business went back and forth and back and forth. And most everybody was just like so I said, "Can I go and talk with him?" "Absolutely not." Q. Who did you ask? A. Everybody. And Ruggerio practically sat in my lap. Q. Okay. A. The toughest thing in the world to do with me is when I see somebody that's in danger of getting hurt, I want to help. And there are times when you-should just keep your big mouth shut. This is not one of my strong suits. CAPITOL REPORTERS (775) 882-5322 11 But Randy looked at me and he said, "Howard, it would not be a good idea." So I sat down and behaved myself. Q. Okay. During that period of time, there was kind of like you said, there was negotiations back and forth between the trustees and the officers and A. Randy was going back and forth. Q. Okay. A. Okay. Q. Can you describe to me the environment or kind of what was going on in the room and how the trustees and the officers, you know, reached a decision to give back to Randy to take to Pedro or how did that go? MR. MALLOY: You said how they reached the decision. MS. DAVIES: Okay. MR. MALLOY: You need to ask if they reached a decision. MS. DAVIES: Okay. BY MS. DAVIES: Q. How did the discussion take place? A. This is what is so confusing to me. I was aware that I'm not supposed to say: What do you think? So I couldn't. So everybody's trying to read everybody else without actually saying anything. And we're looking at each other. Barbara McLaury CAPITOL REPORTERS (775) 882-5322 12 practically in tears. John is sitting there I mean, he's I'm not going to say catatonic, but he's damn close to it. I'm looking at Dave, and Dave's looking at me, and we don't say another thing. And I can't remember, it might have been me saying, "Randy, go back and see", you know, "This is going way We can take care of this." too fast. Calm everything down. And Randy tried a couple of times. There was at one point, somebody was trying to do the numbers. Q. Do you remember who that was? A. No, I don't. Q. Okay. A. It wasn't me because I can't add two and two. I can't remember who it was, but I know that I said to myself when they were that it was close to $350,000. That's a great deal of money. And it's taxpayers' money. Why don't we just, you know, cool it down. I wish I could run other things in sequence. I never can. Now, if it's a movie, I can do it. Q. And what I'm trying to kind of figure out is how and you had said that there was everybody was trying to kind of read each other without saying anything. A. Right. Well, I mean, we were talking to each other. Q. Sure, sure. CAPITOL REPORTERS (775) 882-5322 13 were also mindful of the open meeting law. Q. So what I'm trying to figure out is how the information goes back and forth and -- and how, if a decision is made, to offer -- A. No. Q. Pedro A. What was happening what was happening was Randy would go to Pedro,.Pedro would say whatever he said to Randy. everybody. all sincerity and honesty. do?" Q. A. Randy would come back and say that, you know, and tell One or two people never and I say this in No one ever said, "What shall we Okay. Ever. The thing was Randy would come back with figures, and everybody would just be, you know, that kind of thing. MR. MALLOY: That doesn't show on the tape. MR. ROSENBERG: Sort of shaking their heads. Nobody knew what to say. BY MS. DAVIES: Q. A. and everything else. Okay. Honestly. I mean, forget the open meeting law This is a human being that we know. I mean, there are times I'm so mad at him, I would like to kill him, and I'm sure he feels the same way about me. But he?s a CRPITOL REPORTERS (775) 882-5322 14 human being. Come on. Calm it down. We?ll get through this. Most of us are just so, I think, shocked at the whole situation. Q. Okay. A. I mean, where did this come from? Out of nowhere. Q. So did you at any time share with Randy Drake that maybe we should offer him a certain amount? A. No, no. Q. Okay. Do you remember any other trustee or -- A. Nope. Q. saying, "We should offer him A. Nope. Q. "this"? A. Nope. Nope. Q. Okay. A. Because Randy had told us, as I remember, "This is all stipulated in his contract. If you're going to do this kind of a situation, it's" -- "it's stipulated in his contract." Okay. Fine. It's stipulated in his contract. I don't know what the contract says. MR. MALLOY: Say that a little louder, please. MR. ROSENBERG: I don't know what the contract says. I'm a trustee. I should know. But I didn't. I have read it now four times. I don't understand it. I'm sorry. REPORTERS (775) 882-5322 15 MS. DAVIES: Q. That's okay. And the contract is, you know, it's not of issue here. A. Okay. Q. What I was trying to figure out is, you know, how you go from Pedro saying, want this" and Randy comes back and says, "Pedro wants this," and then he goes back to Randy goes back to Pedro with something different. I'm trying to figure out how Randy gets the information to go back to Pedro. A. I honest to goodness couldn't tell you exactly. Q. Okay. A. I don't remember. And if you don't remember, you don't know, then I can't I can't beat it out of you. A. Well, you can try. Q. And so MR. MALLOY: Just don't worry about it. MR. ROSENBERG: Jennifer, I'm 80 years old. I can't remember. MS. DAVIES: He says he's 80 years old. MR. ROSENBERG: You have to go blab, thanks a lot. I have a problem. CAPITOL REPORTERS (775) 882-5322 16 MS. DAVIES: Q. No, I understand. So at what point and not necessarily time wise, but how does that portion of the gathering or that event end?~ A. As I remember, they tried some people went out into the corridor, and Pedro was leaving. Okay. Fine. Where are you going? But nobody knew what to say. But he was he was leaving. All right. Fine. He left. So we decided that we needed to move into someplace a little bit more secure, especially where sound is concerned, because that room leads right directly onto the main entrance of the building. Q. Okay. A. And I I think it was Barbara who said, think we need to get down to Pedro's office." Q. Okay. A. "It's more secure, and we'll be able to talk more." I was still sitting there. I can remember this. I was still sitting there. Everybody was out the door, and David looked at me and said, "Are you coming?" I mean, I was like I got up, naturally, and went after them. We were sitting around the table, trying to decide: Do we you know, do we make a statement? How do we tell the staff what's happening? You know, that kind of CAPITOL REPORTERS (775) 882?5322 17 thing. And that was the nuts and bolts kind of stuff that they were discussing. Q. And you were the trustees and the officers were discussing this in A. A Q. A Q. guys discuss A. Q. A. people in Q. A. In Pedro's office. Yes. And he was he had left the building? Yes. Okay. Yeah. So what happens then after that discussion? You do you need to make a statement. Yes. Do we who do we need to tell? The first thing was to get the Communications Okay. as quickly as possible. And then Tracy Davis, who's the academic side of the house, and Kristin McNeel, who?s the operations side of the house, they had to know what had happened. Q. A. Okay. What happens if he doesn't come back and that kind of business. line of succession that you have. That never bothered me. That?s why you have the You have the CAPITOL REPORTERS (775) 882-5322 18 superintendent, the deputy superintendent and so on. Q. Did you believe that he was not going to come back? I've A. No, absolutely not. But I'm a teacher. been a teacher for 54 years. I know that no one is responsible for the entire operation. So, in my mind, calm down a bit. It will be taken care of. There are people here who know what they're doing, and they'll do their jobs. Let's get this straightened away first, and framing what we were going to say was very important. Q. Okay. So who who was present actually, I take that back. Were you present when President Clark told Deputy Superintendent Tracy Davis about the events that had just taken place? A. I don?t remember being there. I don't. Q. Okay. Were you present during the time when President Clark told Chief of Staff Kristin McNeel about the events that took place? A. I don?t I don't remember being there. As I remember, I was outside of Mr. Martinez's office. There is an old?fashioned desk and chair that you and I used to go to school in back in the year 2, and I was Just people have to tell me, "Howard, come sitting there. in here." I mean, I was -- I'm still CAPITOL REPORTERS (775) 882-5322 19 Okay. A. This doesn't happen. This does not happen. It's not good for the kids. It's not good for any of us. Q. Okay. A. I'm afraid I should know better. I'm older. Q. So then were you in that annex area when President Clark was talking to Tracy Davis and Kristin McNeel? A. I'm not sure. Q. Okay. A. I was in that area, so yes, she might have been. Q. Okay. A. But I remember coming in and opening the refrigerator, getting a Diet Pepsi and not being able to open it. MR. MALLOY: You have your answer. She doesn?t need to MS. DAVIES: Right. Right. Absolutely. MR. ROSENBERG: I don't know what the hell happened. BY MS. DAVIES: Q. Were you ever present during a conversation with President Clark and Superintendent Martinez regarding what what the outcome or possible events in the future were going to be A. No. CAPITOL REPORTERS (775) 882-5322 20 with A. No. Q. Okay. A. They wouldn't let me. Q. With his employment? A. Right. No. They wouldn't let me. Q. Okay. A. I'm not kidding you. Lisa was practically sitting on me. Q. Okay. A. Which was not unpleasant. That?s a little over (inaudible). MR. MALLOY: (Inaudible) saying, Howard. MR. ROSENBERG: I'm not older (inaudible). MS. DAVIES: It's on two tapes now. MR. ROSENBERG: Oh, good, good. We?ll have a little blackmail going. MR. MALLOY: We digressed. MS. DAVIES: We did. MR. MALLOY: That's all right. BY MS. DAVIES: Q. So you had mentioned earlier that, during the meeting when you guys were in the board when the trustees and the officers were in the board room, that Randy Drake had given legal advice. CAPITOL REPORTERS (775) 882-5322 21 Um?hum. Q. And I don't want to know what it is. A. Okay. Q. It?s just a "yes" or "no" question. A. Yes. Q. At some point either before during these events, did Randy Drake give you as a trustee or the trustees and the officers legal advice? A. He told us MR. MALLOY: Just a "yes" or "no" question. MR. ROSENBERG: Yes. BY MS. DAVIES: Q. Okay. As to what you could or couldn't do? A. Yes. Q. Okay. So at what point kind of try and wrap up the day. At what point did all of this kind of end? A. I remember being in Pedro's office. Eileen was here. Michelle was there, and what we were trying to do is craft an announcement that could be made that would do what we needed to do, but keep it as calm and comfortable as is humanly possible. Q. Okay. A. And it was wordsmithing the announcement because we knew, naturally, that the newspapers and the television people would want a statement. CAPITOL REPORTERS (775) 882?5322 22 careful what because I've And I know personally that I need to be very I say to newspapers and to television people, gotten myself into trouble up to my elbows. So I simply look at them and say, "No comment," and they don't believe me because Rosenberg always has a comment. the decision stand behind So all I was interested is, what do we do? Then there was a decision made that we would all Barbara while she was making this. Q. And what you're referring to is the public statement A. Right. Q. to the press? A. Yes. Yes. Q. Okay. Were you present during the statement that President Clark made to the leadership team back I believe it was back in the board room? was there? BY MS. DAVIES: Q. said to the leadership team? MR. MALLOY: So the question is just whether he MS. DAVIES: Correct. MR. ROSENBERG: Yes, I think I was. MS. DAVIES: Okay. MR. ROSENBERG: Yes. Yes, I was. Do you remember what was what President Clark CAPITOL REPORTERS (775) 882-5322 23 Okay. MR. MALLOY: The answer was MR. ROSENBERG: No. But but I can't remember exactly. The gist of it was in the next days, do your jobs, please. Take care of the kids. That's all we were interested in. BY MS. DAVIES: Q. Okay. Do you remember anything specifically about Superintendent Martinez and what had just happened? A. No. Q. Okay. MR. MALLOY: What do you mean by that? I didn't understand your question. MS. DAVIES: He says that he remembers President Clark saying, you know, do your job. Take care of the kids. And so I was trying to find out if he remembers anything that she said about whether Superintendent Martinez was on administrative leave MR. ROSENBERG: No. MS. DAVIES: if his contract had been terminated MR. ROSENBERG: No, no. MS. DAVIES: anything specific CAPITOL REPORTERS (775) 882-5322 24 MR. ROSENBERG: NO. No. No. BY MS. DAVIES: Q. Okay. A. No. (Inaudible). Q. That's okay. I sometimes don't remember yesterday. MR. MALLOY: Yeah, I remember things that happened 50 years ago, but I don't remember what happened 20 minutes ago, usually. So don't worry about it. BY MS. DAVIES: Q. So all of the trustees and the officers made an agreement made the decision to stand behind A. Yes. Q. President Clark at the press conference? A. At the press conference. Q. Okay. Do you remember what she said at the press conference? A. No, I don't. It was a crafted piece. I should have brought it with me, but I never thought to do it, and she read it. Q. Okay. A. But I don't remember what was said. Q. Do you remember any of the questions or anything that came from the press to A. Yes, yes. CAPITOL REPORTERS (775) 882-5322 25 Okay. A. "Is he fired?" That was the first one. "Has this got anything to do with the Mike Mieras situation?" And there were a "No. They're two totally different things." bunch of other stuff. "What are you going to do now," you know, that kind of business. But no. There was one question that she was asked, and she said, "That's something that we can't discuss." I don't remember what the question was. Q. Okay. A. I thought she handled it well. This was rough. I wouldn't have been able to do it. Q. Okay. Let's jump ahead to the July 29th meeting that took place here at counsel's office. A. Okay. Q. Were you aware of a statement that President Clark made on July regarding the events that had taken place the prior week? MR. MALLOY: You're confusing me because you said, "Let's jump to the 29th," and you're asking him something that happened two days later. BY MS. DAVIES: Q. The meeting on the 29th A. Right. Q. -- that ultimately resulted in a statement being CAPITOL REPORTERS (775) 882-5322 26 made by President Clark on July 3lst. A. I don't remember. Q. Okay. Did you ever read a statement from President Clark in regards to Superintendent Martinez returning to work? Not that I remember. A. Not that I remember. I get e?mails~and I scan them. I don't read the newspaper. I burn it as quickly as I see it. I said it, and I'll stand by it. MR. MALLOY: How do you feel about that? MS. DAVIES: Exactly. Right? BY MS. DAVIES: Q. So how did you learn that Superintendent Martinez was returning to work? A. I remember we discussed here ramifications and all that kind of business. MR. MALLOY: I don't want you to discuss, please, the content of your discussions with Mr. Robison. MR. ROSENBERG: Right. MR. MALLOY: If she asks you "yes" and "no" questions MR. ROSENBERG: Okay. MR. MALLOY: we'll deal with each one as they come up. MR. ROSENBERG: Okay. How do I handle it now? Ask me another question. CAPITOL REPORTERS (775) 882-5322 27 MS. DAVIES: Q. Did you learn of of Superintendent Martinez returning to work from the meeting that you had on the 29th here at counsel's office? MR. MALLOY: question MS. MR. MS. MR. MS. MR. you recall that August MS. MR. out by the president on July 3lstMS. DAVIES: Q. So DAVIES: MALLOY: DAVIES: MALLOY: DAVIES: MALLOY: So I think if I may paraphrase your Yes. is that right? Yeah. With your permission. Yeah. I think Jennifer is asking you if Pedro Martinez returned to work on DAVIES: Yes. MALLOY: as a result of the statement put Correct? DAVIES: Correct. MALLOY: Okay. ROSENBERG: Yes. Yes. DAVIES: Okay. ROSENBERG: Yeah. okay. But you were not aware of the statement being CAPITOL REPORTERS (775) 882-5322 28 crafted? A. I I was aware that something was going to come. Q. Okay. A. But I had no idea what. Q. Okay. There we go. In reference to a court filing from Kent Robison regarding some deficiencies current deficiencies, I believe, of Superintendent Martinez, are you aware of that court filing? A. Yes. Q. Okay. Are you aware of the deficiencies that -- A. No, I don't know which they might have put in. Q. Okay. Are you aware of, at this point, any deficiencies that Superintendent Martinez has at this time? A. Sure. We all have deficiencies. Q. Any that would never mind. MR. MALLOY: Were you asking him what they are? BY MS. DAVIES: Q. Do you know what they are? A. I know what I think they are. Q. What do you think his current deficiencies are? MR. ROSENBERG: Can I say that? MR. MALLOY: Yes. He treats the Board with MR. ROSENBERG: Okay. CAPITOL REPORTERS (775) 882-5322 29 complete contempt. By his own admission, he will talk to groups of people on the Board, but not to all of us. There are some people he's divisive in that way. I'm not saying that he means to be, but it happens. There's a certain lack of empathy and compassion. Human beings make mistakes. When they do, you put it right as best you can, but you don't go after them with an ax. He tends to do that. He doesn't know as much about education as he thinks he does. There is a directive to members of the faculty and staff: No one is to speak to a member of the Board of Trustees because, quote this is what I've been told "They will stab you in the back," end quote. MR. MALLOY: You're saying that's what he said. MR. ROSENBERG: Yes. MR. MALLOY: Not what the Board said. MR. ROSENBERG: No. That's what he said. For me, the culture of fear in that place is bad, really bad. It's all numbers. Teachers don't teach by numbers, they teach by the individual kid as best you can. So I find it very, very difficult. We have not had a one on one meeting I think it's in a year. MR. MALLOY: When you say are you talking CAPITOL REPORTERS (775) 882-5322 3O about you individually or the Board? MR. ROSENBERG: No, me individually and Pedro with Pedro. MR. MALLOY: All right. MR. ROSENBERG: We're supposed to, as I understand it, meet at the very least one on one quarterly. BY MS. DAVIES: There was a Q. Okay. Let me ask you specifically: comment that you made, I believe, to the media that that these had that this had had deeper issues than a CPA issue. A. Yes. Q. What were you speaking of? A. His behavior in response to it. It accelerated. I mean, he went -- as far as I could tell from what I'm hearing, he went completely ballistic. He was -- they he wasn't tracking more than anything else. It was bad enough that we had the situation, but all attempts to calm the situation down, he wasn't having any. Q. So when you spoke of the, quote/unquote, deeper issues A. Right. Q. you were speaking of Superintendent A. Right. Q. Martinez's behavior? CAPITOL REPORTERS (775) 882-5322 31 Yes. Q. Okay. During the entire event on the 22nd? A. Yeah. Q. Okay. Okay. One last question, and I and I know you I believe you already answered it, but I just want to clarify: What was your impression the the events that unfolded? Did you believe that Superintendent Martinez was going to be back to work the next day? Did you believe that he A. I think I believed at that time that there was going to be more discussion. As I understand what happened afterwards, Mr. Martinez made phone calls and told the world that he had been fired. He hadn't been fired. Nobody wanted to fire him. And from there, it just sort of then we can't say anything. So what do you do? And, you know, when somebody's looking at you and saying you're a bad person and you're dreadful, you want to justify it, and you can't. And for me, it's been really, really difficult. I've been in this town for a long, long time, and a lot of people that I thought knew me and knew me well don't, evidently. That's frightening. Disappointing. I'm going to cry is what's going to happen. Idiot. REPORTERS (775) 882-5322 32 MR. MALLOY: Don't worry about it, Howard. MR. ROSENBERG: I'm.supposed to be a grown?up. MR. MALLOY: Well, we all cry or we all get upset. No worries. MR. ROSENBERG: Let me put it to you this way. In every situation, there's three sides to every story: Your side, my side and the truth. It doesn't mean anybody's lying. It simply means we're seeing things differently. If we can just get to the middle, then a lot of people can avoid being hurt, and I don't want to see anybody hurt. Pedro's a young man. He doesn't need this. We don't need it. There. MS. DAVIES: Okay. I think I don't have any any other questions at this time. Mike, do you? MR. MALLOY: No, I don't. MS. DAVIES: Okay. Howard, do you have any questions for me? MR. ROSENBERGnever would willingly break the open meeting law. I've been taught better than that. My attorney would kill me. MR. MALLOY: I wouldn't. That wasn't me. MS. DAVIES: That wasn't you. MR. MALLOY: It wasn't. MR. ROSENBERG: It's Bill Bileu. I'll say it. I REPORTERS (775) 882-5322 33 don?t care. MS. DAVIES: end the interview. The time is approximately 2:37 p.m. August 5th, 2014. So at this time, I will go ahead and It is (Proceedings concluded.) CAPITOL REPORTERS 34 882?5322 (775) STATE OF NEVADA, SS. CARSON CITY. I, Michel Loomis, do hereby certify: That on August 5, 2014, an interview was held in the within?entitled matter in the office of Attorney General. That said interview was recorded, and said CD-ROM was delivered to me for transcription; That the foregoing transcript, consisting of pages 1 through 34, is a full, true and correct transcript of said recorded performed to the best of my ability. Dated at Carson City, Nevada, this 215t day of August, 2014. Michel Loomis, Transcriber CAPITOL REPORTERS (775) 882-5322 35 A Exhibit 6 Exhibit 6 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL RENO, NEVADA TRANSCRIPT OF ELECTRONICALLY-RECORDED INTERVIEW JOHN MAYER AUGUST 4, 2014 RENO, NEVADA Transcribed and CAPITOL REPORTERS proofread by: BY: Michel Loomis 208 North Curry Street Carson City, Nevada 89703 (775) 882-5322 CAPITOL REPORTERS (775) 882-5322 A A A Office of the Attorney General: CAPITOL REPORTERS (775) 882-5322 Jennifer Davies, Deputy Chief Investigator 5420 Kietzke Lane Reno, NV 89511 jdavies@ag.nv.gov Robison, Belaustegui, Sharp Low By: Kent Robison, Esq. 71 Washington Street Reno, NV 89505 Maupin, Cox Legoy By: Michael E. Malloy, Esq. 4785 Caughlin Parkway Reno, NV 89519 2 DON RENO, NEVADA, MONDAY, AUGUST 4, 2014, 2:37 P.M. ?000- MS. DAVIES: Today is August 4th, 2014. This is an interview taking place at the law offices of Kent Robison at 71 Washington Street in Reno. Present in this interview is myself, Jennifer Davies, deputy chief investigator, Kent Robison, John Mayer who is a Washoe County School District trustee and Michael Malloy. The time is approximately 2:37 p.m. May I call you John? MR. MAYER: Yes. BY MS. DAVIES: Q. John, you know this interview is being tape recorded? A. Yes, I do. Q. And I have your consent to do so? A. Yes, you do. Q. Okay. Thank you. What I want to talk to you about is a couple different instances, three of them specifically, which is the allegation of the open meeting law violation on July 22nd. A. Yes. Q. As well as a a meeting that Kent, how did you put it prior? You actually said it really well. 882-5322 CAPITOL REPORTERS (775) MR. ROBISON: A legal gathering at my office on or about July 29th. MS. DAVIES: Correct. BY MS. DAVIES: Q. To and that ultimately resulted in Pedro Martinez returning to work as well as a court filing in reference to possible deficiencies related to Pedro Martinez. A. Yes. Q. So, if you can explain to me your role within the Washoe County School District board of trustees. A. I'm just a member of the board, have been for oh, finishing up my fourth year. Q. Okay. So you are just, I don't want to say just, Do you guys call yourselves board but you're a board member. members or trustees? A. Board members. Q. Okay. A. We call ourselves trustees too as a group. But board members. Q. Okay. Can you describe and tell me a little bit about your recollection of July 22nd? At 9 o'clock I went to A. July 22nd, yes, I can. the district office for a workshop, learning workshop where we actually get some credit if you want to, but I don't do that, but anyway, we had a workshop on ethics. And at 9 o'clock. CAPITOL REPORTERS (775) 882-5322 And then we also had a workshop on e?mail and BoardDocs and things like that to help us understand better. Q. Okay. Did at any point from those that time did you take a break and participate in any sort of a -- of a legal meeting with other members and officers and legal counsel, Randy Drake? A. Not during those two meetings, no. Q. Okay. After those meetings? A. After that those meetings, yeah, we took a break and the president said I'd like to talk to you about something that happened to Mr. Martinez. And so we sat down. And we were in in the board room and we already were sitting around. There were other tables and stuff and so we sat there. MR. MALLOY: Is he speaking loud enough you think to get the recording? MS. DAVIES: I have a pretty loud You know, voice, what I'll do is sit it closer to you. MR. MAYER: I have a soft monotone. MR. ROBISON: Today you have a loud voice. MR. MAYER: Okay. My playground voice. MR. ROBISON: There you go. MS. DAVIES: You can yell at me if you want. MR. MAYER: Okay. CAPITOL REPORTERS (775) 882-5322 {If?m? BY MS. DAVIES: Q. Can you tell me what discussions, what happened during that meeting with with the other board members and the officers and the allegations or the -- A. Well, they weren't allegations yet. Q. Okay. A. Because I had just returned from Chicago. And Estela Gutierrez and myself were in Chicago for a CUBE conference, which is a council of urban school districts. Q. Okay. A. And they asked Pedro was taken by surprise, I didn't know what was coming. And so then he said why? And they gave him the information that they had from the internal audit, our attorney. Q. Okay. Can you tell me what that information was that they shared with him? A. Well, it was they had done some research with the State of Illinois and that there was no record of him being a CPA. Q. Okay. And can you remember what what Pedro Martinez's response was or what he said? A. Well, at first he was looking around, he looked at me like that because I was near the doorway and the tables, I'd be over there, and he looked at me kind of worried and wanted me to help him, but I didn't know anything about it. CAPITOL REPORTERS (775) 882?5322 But then he says I think there's some confusion and Barbara Clark the president said we're not here to make accusations, we're here to find out your status. And so then he went to get a certificate that he had from I think it was from University of Illinois and he brought that back to show everybody. Q. Okay. A. But as the meeting and then he was agitated when he left, but then he came back and the agitation just grew. Q. Keep your voice up. A. And his agitation grew and grew. And in fact one time he stood up and then he sat down again and he was saying I must be confused, I I I just don't remember this and that. And he says I always thought I was and gave his history back to 1992 when he graduated. He took a test, but he_said he thought he was a CPA. Do you remember specifically Pedro Q. Okay. Martinez saying that he thought he was a A. Not in that no. Q. Not in those words? A. No, but he indicated it that he was confused about this whole situation. Q. Okay. A. Because he had this certificate that said that he CAPITOL REPORTERS (775) 882-5322 CPA. Q. Okay. Are you aware of the statement that President Clark made last week on July indicating that the MR. ROBISON: Do you want to know what happened the rest of the day or are you going to be bouncing all over? MS. DAVIES: No, I mean, we can we can go through the whole thing and MR. ROBISON: You've talking about one?half hour of six hours of July 22nd. MS. DAVIES: Yeahthrough it all and then I'll be more specific. MR. MAYER: Okay. He he got real agitated at that point because no one was coming to his defense really. And I'll have to say I was absolutely shocked. And I'm a I'm a big supporter of his, I think he's a great guy, he's doing great jobs and everything. And he kept looking at me and I was no help because I was shocked at the accusations to be quite honest with you. And he got more agitated and more agitated. And then he left. He stormed out of the room, thatthen the rest of us looked at each other and President Clark said Randy, I think we should go talk to him. So Barbara Clark, this might be confusing with two CAPITOL REPORTERS (775) 882-5322 Barbaras, Barbara Clark who's the president and Barbara Dr. McLaury who's the vice president. And Lisa Ruggerio who's the clerk. And Randy went to his office and to kind of just talking down MR. MALLOY: When you say Pedro's office, you're talking about not Randy's. MR. MAYER: No, not Randy's. MR. ROBISON: Keep your voice up. MR. MAYER: Yeah, it was Pedro's office which was down the hallway and past the lobby and into his office. BY MS. DAVIES: Q. Okay. And you were not present for that meeting; correct? A. No, I was not. And it was just those four. Q. Okay. So, what happened after the officers and Randy Drake met with Pedro? A. Well, it was quite a while afterwards because they had they were talking to him and everything like that. And in fact, Pedro?s secretary wasn't even in there. She I don't think she was even worked that day because I didn't see her. But then they came back and they said what Pedro was asked for. Q. Which was what? A. Well, it was I think it was 200,000 and health CAPITOL REPORTERS (775) 882-5322 benefits and 90 days on top of that. So, it would it be 15 months, I guess. And his health benefits and retirement credits for that 15 months or whatever it added out to. Q. Okay. Who came back and told you that that was what had -- were you informed that that was what Pedro Martinez had asked A. Yes, it was., Q. the officers for? A. Yes. Q. Okay. So who told you that that was what he had asked for, do you remember which officer? A. I can't recall. Q. Okay. A. It might have even been the attorney, I don't know. Q. Okay. A. I can't remember who it was. It was kind of a tense situation. One of our members was up and actually crying at the time. So I was looking around there. So I don't remember who exactly made the or told us about the offer. Q. Okay. But you're you're certain that when the officers and counsel Randy Drake came back into your presence that they had said that it was Pedro Martinez who had asked for the 200,000, the 90 days, the benefits, kind of a CAPITOL REPORTERS (775) 882-5322 10 severance package? A. Yeah. Q. Okay. A. Yeah, I'm absolutely sure of that. Q. Okay. A. Because they they defined it just as you did, Pedro's severance package. Q. Okay. A. Those were the exact words, but I don't remember whether Q. Okay. So after they came back and had informed you and the other trustees that this is what Pedro had asked for, what happened? A. Well, some people had to use the restroom and some had to collect their thoughts. And quite frankly, I was still shocked. And I just sat there, I didn't get up. They usually have food in another room, I didn't go get food because I was really in shock. And so then about oh, five, ten minutes after they all gathered again everybody says well, let's okay, you know. And so then the officers and Randy went back and he had changed his tune then because he didn't accept his own offer. Q. Okay. A. And he wanted more chips and more things I think CAPITOL REPORTERS (775) 882-5322 11 what happened. I I don?t know for sure because they came back to the rest of us and said well, he wants to continue negotiations. Q. Okay. And so if he wanted to continue negotiations how much longer did those negotiations A. Well, they went on for quite a while back and forth, you know, they'd go in and then they'd come out, they?d go back in and come out. And so I'd say maybe a good half hour. Q. Can you tell me, do you remember some of the other proposals that that the board was giving to Pedro? A. Well, I don't recall the the exact proposals of what it was, but it it totalled out to about $368,000 all told. Q. And that would have included the health benefits and monetary? A. The money went up a little bit. Q. Okay. A. But the health benefits for his whole family and his babies and his one-year-old and his wife and himself. And then he wanted more retirement than originally he asked, but I don't recall how much that was. Q. Okay. At what time did the negotiations between the board and the officers and Pedro cease? A. Well, to my recollection I think there were two 882-5322 PAPITOL REPORTERS (775) 12 "'22 23 24 25 rounds after his first one. And that they went back and forth and then he really started getting agitated and I think Barbara Clark, and I'm not sure, asked him to leave. Q. Okay. So your portion, your part of the negotiations was with the board in making a kind of a package to take back to and offer Pedro as a severance package; correct? A. Yes. Q. Okaydidn?t vote on it or anything like that. We just said well, why don't we do this, why don't we do that. And then the officers went back and see if that would move him any. Q. Okay. So it was was it more of just kind of an open discussion amongst the board and then the officers then took A. Yeah. Q. took it to Pedro? A. Yeah, it was just -- we were just putting ideas out on the table, you know, and then they went back. Q. Okay. And so at one point then Pedro becomes to your knowledge, he becomes very agitated, continues to become agitated and President Clark asks him to leave? A. Well, now I didn't see her do that. Q. Okay. CAPITOL REPORTERS (775) 882-5322 13 Pedro?s gone, he left the building on my request. But that's what when she came back she said And -- because he was getting out of control. Q. What else did she say to you, did she tell you that the negotiations stopped; do you remember? A. Q. A. anything like that. progress. Q. A. K3 0 She says there's been no progress. Okay. You know, she didn't ask this 350,000 okay or She just said that there has been no Okay. After that part. Yeah. Once Pedro's left the building. Right. What happened; do you remember? I remember he came back. After he left the building? Yeah. Okay. What happened? Well, he left the building, I don't know if he left the area, I couldn't tell you if he got in his car and went to Wendy's or whatever, but I do know he left the building. Q. A. Okay. Because I saw through the window that he left. CAPITOL REPORTERS (775) 882?5322 14 Okay. And then you said he returned? A. Yes, he returned. Q. Did you as a trustee have any communication with him at that time? A. You know, I didn't want to talk to him. I was really you don't know how upset I am, I was biting my tongue because I it was really it was really upsetting to me that he'd do this, you know, and just I've never seen him even mad and I've had lots of dealings with him. And I was just taken back. And I, you know, I didn't say, you know, a word to him. I didn't say, you know, think it over or anything. Q. Okay. Do you remember, was there any other interaction with the trustees and the officers and Pedro after he returned to the building that second time? A. Yeah. We were all in his office and he came back, he came in the office, the door's over there and he came in that way. And myself and Howard Rosenberg and Barbara McLaury got up and went into the he's got like a little annex room with a little refrigerator and there was secretaries there, he's got a couch, table. So Barbara McLaury, Dr. McLaury sat there and I sat on the couch and then Howard sat there and we were just besides ourselves, we didn't know what was going to happen or whatever. And then a little while later Dave Aiazzi came up CAPITOL REPORTERS (775) 882-5322 15 and joined us. And Barbara Clark and Lisa Ruggerio were in his office. And the next thing I saw he's got all his plaques and awards and stuff under his arm and he went out that way and apparently got in his car and left. Q. From that were there any did you as a trustee have any other part of any board meeting or meeting with the rest of the trustees or the officers after Pedro left? A. No. In fact, I leftthe back and I was going down that street in the back and I looked in the mirror and Barbara McLaury was coming down. And when we got to Valley Road I went towards Fourth Street and she went towards McCarran. Q. Okay. A. And Aiazzi, he went out front and he went past the he went past the TVs and all that. I was trying to avoid them, but I could see them. Q. Okay. Were you were you present at the time that President Clark gave the notification to Deputy Superintendent Tracy Davis? A. No. Q. Okay. Were you present at the time that President Clark gave notification to Chief of Staff Kristin McNeel? A. No. Q. Okay. Were you present during the time that 882-5322 CAPITOL REPORTERS (775) 16 President Clark gave the notification to the leadership team? A. I was there at that meeting, yes. Yes. Q. And do you remember what President Clark said to the leadership team? A. Yes. Q. Okay. A. She said that Tracy Davis and Kristin McNeel were going to be co?managers and that everything was going the past and that Kristin McNeel would be in charge of operations and Tracy Davis would be in charge of curriculum. Q. Okay. A. And that there would be no changes or nothing like that, they were just going to act in this rolelas co?managers but everything should be followed through them. Q. Okay. After she met with the leadership team. A. Yes. Q. I speak of President Clark, were you present when President Clark gave notification at the press conference to the media? A. Yes. Q. And what did do you remember what she said there? I'm sorry, I really don't. A. You know, not really. I do know that she answered one or two questions at the end, CAPITOL REPORTERS (775) 882-5322 17 don't recall what she said. Q. Okay. Do you remember what those questions that she answered were about? A. Well, one question was just who was who was in charge. And and she says we have co?managers and curriculum and operations and anything that you want from the press please take it through our communications department. Q. Okay. So A. And see, that happened before I left. Q. Okay. A. It kind of we got out of the timeline because that happened before I left. Q. Before you left to go home? A. Yeah. Yeah. Q. Okay. So when you were talking just a minute ago when you left A. When I got in my car. Q. it was after the press conference? A. The press conference, yes. Q. Okay. So if I'm correct in what you said you were not present at any time that President Clark was speaking directly to Pedro Martinez about the events or what what decision when she asked him to leave or I wasn't there because that was just the A. No, and I don't know, at one point I think Dr. McLaury wasn?t even 882-5322 CAPITOL REPORTERS (775) 18 there when they were talking to Pedro in his office, but I would assume that all four were there, but I think Barbara McLaury, Dr. McLaury was not there present. Q. Okay. And obviously you were not? A.v No. Q. Okay. A. In fact, somebody said John, don't you want to talk to him? And I said no. And I can't remember who that was that asked me that, but I didn't want to talk to him. Like I said before, I was biting my tongue as it was. Q. Okay. You had stated earlier about the fact you had been in Chicago A. Yes. Q. just prior. Had you been aware of the anonymous complaint regarding the CPA issue? A. No. And in fact, no one told me about it at the 9 o'clock meeting and the one that followed in on the computer program, no one even mentioned it to me then. And then we got and then they said oh, we wanted to talk with Pedro under our lawyer privilege. And so we all gathered around. In fact, it was kind of awkward because we were all in like a line because there were other tables taking up the space because the staff had been in there for the ethics workshop and the computer workshop. So it was kind of like we were just a bunch lined up and I couldn't see the faces even CAPITOL REPORTERS (775) 882-5322 19 J-ka.? down at the other end. Q. Okay. A. And so I don't think this was planned. I don't think that because, you know, they could have called me in Chicago and say if it was really hot, come home or when you get home on Tuesday we want to have a deal. Because it was really an information from Pedro, a gathering information from Pedro. Q. When? A. It was right after the little thing on BoardDocs on the computer. Q. Okay. So you're speaking that the information gathering from Pedro was that initial A. It was prior. Q. meeting that the trustees had with him? A. Because Barbara Clark and Randy, they were the kind they kind of told us about the anonymous call and that during that meeting, but nobody else knew about it. Q. Okay. A. That I know of anyway. Q. Did they give you any information as to who made the call? A. Well, yeah, they said that there was an anonymous call from a person back East that was also an auditor to our auditor because they had met in an auditor's conference or 882-5322 CAPITOL REPORTERS (775) 20 whatever, you know. Q. Okay. A. A meeting or association or whatever. And so he called and told our internal auditor that Pedro was not a CPA. Q. Okay. But never -- you weren't ever given a nam A. No, I wasn't. Q. as to who it was? A. No. Q. Okay. A. I wasn't, I don't know if anybody else was, but I didn't get a name. Q. Okay. Do you have any knowledge as to anything that was done to either prove or disprove the allegation regarding the CPA issue? A. No, but I could say this, you know, I've been places where I thought Pedro was a certified public accountant and my brother?in?law was he's now been he was a CPA and they had to take classes, just like teachers, you know, they had to keep their license current. And I asked Pedro, oh he went someplace and I says oh, are you working on recertification credits? And he says no, I'm going to an education west conference. And I said oh, okay. Because that's what I thought he was a CPA. I thought. I never asked him for his card or whatever, but he CAPITOL REPORTERS (775) 882-5322 21 (JUN acted as one, you know, when he?d talk with me at lunch or whatever. Q. Okay. Can you tell me a little bit about and I don't want to get into your private information. A. Yeah. Q. But in reference to him talking about being a CPA when you guys would have conversations. A. It was just like, you know, talking about football. Q. Okay. A. You know, or something. Especially when my brother?in?law died I asked him a few questions about stuff. Q. Okay. But it was something that you were aware of in more depth than just say it being on his resume or A. Yeah. Q. a past certificate of his? A. Yeah, you're absolutely right. Okay. Before I go into anything A. Sure. -- a little bit more specific, is there anything that you can think of for the timeline throughout that day that that we missed or? A. Not that I no. Q. Okay. I had brought up just a little while ago a statement that President Clark made on July 31st, 2014. CAPITOL REPORTERS (775) 882-5322 22 Was that a Friday or Q. I believe it was Thursday. A. Last Thursday. Q. It was last Thursday, I believe. A Okay. Q. And it was in reference to the events that surrounded the previous week with Pedro Martinez, were you aware of are you aware of that statement? A. Well, I imagine she worked with the lawyers on it on releasing a statement. I wasn't aware of any. Q. Okay. Were you at any time present in any meeting or discussion with President Clark and legal counsel to discuss any sort of statement that she was going to give in reference to Pedro Martinez returning back to work? A. No, I wasn't. Q. Okay. A. I Q. Can you tell me how you found out that Pedro Martinez was going to return to work? A. I found out in the news media that he was going to come back to work. Q. Okay. So as a trustee you found out the way that the majority I think probably A. Yeah. Q. most of -- REPORTERS (775) 882-5322 23 Yeah. Q. Washoe County found out he was coming back to work? A. His lawyer didn't call me. Q. Okay. A. You know, that's absolutely, you know, in fact, I'll tell you a lot of a lot of this stuff that I got about him coming back to work my wife told me because she watches the 11 o'clock news and I don'o'clock news. And she came in and says Pedro's coming back to work. Q. Okay. So you were not informed by any other trustee or the officers prior to? A. No, I had no recollection of that. Q. Okay. To go back a little while, when you were talking about the after the I think you said the computer meeting A. Class. Q. class. A. Yeah. Q. Everybody left you guys as a as a board the trustees and the officers met and that was when you first found out about the allegations in reference to the CPA issue A.- Yes. Q. with Pedro; correct? CAPITOL REPORTERS (775) 882-5322 24 Yes. like a classroom setting, you know, you It was it was the whole thing was had tables and everything and then people are running in and out and everything. to have to leave, we're having a lawyer lawyer and so, you know, so in fact, in charge of IT was still messing around take out. And he left and then we left up the accusations and told us. Q. Okay. subsequent back and forth meetings, can And then Barbara Clark said staff, you're going meeting with the one of the guys that?s getting the stuff to and then she brought And during that portion as well as the you tell me was it the who was present at those? A. Which ones? Q. What trustees and officers were present initially, I know that A. When we were Q. throughout the day it kind of A. When we were talking to MR. ROBISON: question. BY MS. DAVIES: Wait a minuteknow that initially there were I believe there were six of the members present; correct? A. Well, that's not correct. Q. Okay. So CAPITOL REPORTERS (775) 25 882?5322 When we started off when we had it was Cafferata?Jenkins give us a class, Lisa Ruggerio and Aiazzi were not there. Q. Okay. After the classes A. Yeah. Q. and there was a was there a break and then A. There was a little break. Q. And then President Clark told staff that they needed to leave? A. Yeah. Q. Who was present at that time? A. Well, there was Randy and six of the board members. Q. Okay. A. Estela Gutierrez was not there. Q. Okay. And then obviously throughout the remainder of the day board members had different roles from my understanding. Was Estela Gutierrez a part of any part of the meeting by phone or -- A. Yes, she was there phone and you're going to ask me who called who and I don't know. Do you remember what portion of the Q. No, no, no. discussions that she was part of? CAPITOL REPORTERS (775) 882-5322 26 Well, it was when at the time after Pedro gave us an offer. Q. Okay. A. And then and they went back and made another offer. She said it was on the phone at that time. Q. Okay. So during during the negotiations of a possible severance package? A. Umehum. Q. She was part of that? A. Yes. Q. Okay. A. She didn't you know, she didn't have much to say, but she was there, she heard it. Q. Okay. Did you receive advice from your legal counsel prior to or during these legal meetings? I'm not asking what was said, I'm MR. ROBISON: Hold on. Jennifer, you got to be specific about which meeting. MS. DAVIES: My apologies. BY MS. DAVIES: Q. During the initial meeting prior to the discussion of the severance package when the six were discussing initially the CPA issue? A. Yes. Q. Had you been given did you receive any legal CAPITOL REPORTERS (775) 882-5322 27 advice from your legal counsel? A. I don't believe so. Q. Okay. A. Other than I do think he said that this is Q. And you don't need to Let him finish. MR. ROBISON: This is a legal gathering is where he was going. Let him finish. MR. MAYER: Yeah, he he said this is a lawyer/client meeting. BY MS. DAVIES: Q. Okay. My apologies. I just didn?t want to I didn't want you to share what was said. A. Okay. Q. So that's why I stopped you. My apologies. And you said when we're speaking of the negotiations between the trustees and the officers and Pedro, that it was kind of it -- was it just kind of an up in the air discussion that there was never any definitive vote or A. There wasn't a vote. Q. Okay. A. It was just, you know, like I came up with I said well, I think that's too much or something like that and then somebody else well, no, he made a good offer, they're you know, it was that type of deal. But they didn't say all those in favor say aye. CAPITOL REPORTERS (775) 882-5322 28 Okay. And then at that point then was it President Clark's decision to then take a new offer to Pedro or who did that; do you remember? A. You know, I don't know whose idea that was, but that's normal procedure. Q. Okay. A. You know, if we negotiate between administrators and stuff, you know, that's usually what we do. Q. Okay. Are you given it's my understanding that the trustees and the officers are given a stipend for your cell phone and/or to offset Internet costs and whatnot for e?mails? A. I don't take that. Q. Okay. A. As of they didn't they took it out of July July's check, but then I went in and I don?t get it now. Q. Okay. A. And I don't think well, I can't speak for other people. Q. Okay. Did you prior to July, did you receive a stipend A. Yeah. Q. -- from the district? A. Yeah, and I hadn't I hadn't realized it. CAPITOL REPORTERS (775) 882-5322 29 Okay. A. It says technology, blah, blah, blah. And I didn't realize it. And so my Internet Charter Internet my wife uses for banking and all that. And so I thought, you know, this is no good to have the district paying for my stuff. So I went in in July and in fact, I says I want don't want it taken out of my check anymore. Q. Okay. Have you had occasion any instances where you have had the need to communicate by cell phone or text message with other trustees or the officers? A. Very little. Q. Okay. A. I'll tell you I they don't call me very often, you know, and I don't call them. And I will text oh, there's a meeting today at such?and-such a time, something like that. Q. Okay. A. And then that's about all. Q. Have you had on occasion to ever text or make a phone call to Superintendent Martinez regarding anything work related? A. No. Just me cancelling a meeting or something like that. He very rarely texts me at all. Q. Okay. Okay. So, I talked about earlier a couple other dates that I want to discuss. And I just want to to make certain that I'm clear. CAPITOL REPORTERS (775) 882-5322 30 There was a meeting that took place on July 29th that I believe was with President Clark and legal counsel regarding a decision for Pedro to return back to work? MR. ROBISON: Well, there was a meeting in my office on July 29th about the lawsuit. No decision or meeting occurred about him returning. We covered this. MS. DAVIES: Okay. MR. ROBISON: And he so testified. BY MS. DAVIES: Q. And what I'm just wanting to clarify is that you were not party, you were not present during or were you present during that meeting with legal counsel? A. I don't think that that I had any I don't believe so. I I don't recall that at all. Q. Okay. And were you present during any discussion regarding a court filing that that talks about possible deficiencies of Superintendent Martinez? A. No. Again, my wife told me when she saw it in the paper. Because some of those things in there that are dear and near to my wife's heart and my heart. And so when she read it actually when she read it on her computer she came in and said their lawsuit's been expanded because of the deficiencies that were pointed out to. Q. Okay. A. And that?s the first I heard about that. CAPITOL REPORTERS 882-5322 (775) 31 Okay. A. It was good though. Q. 'Okay. MS. DAVIES: I believe that's all I have, all the questions I have for you. Kent or Michael, do you have anything that you want to add? MR. ROBISON: No thank you. MR. MALLOY: NO. MS. DAVIES: Do you have any questions for me? I MR. MAYER: NO. MS. DAVIES: Okay. What I would ask is that you don't discuss any interview responses. MR. MAYER: No. MS. DAVIES: Or anything that's outside of this office or this room MR. MAYER: Yeah. MS. DAVIES: until my investigation is complete. MR. MAYER: You won't have any problem with that. MS. DAVIES: I appreciate it. MR. MAYER: I don't (inaudible) office. MS. DAVIES: What I'm going to do is I'll go ahead and end the interview. It is August 4th, 2014, and the time is approximately 3:14 p.m. (Proceedings concluded at 3:14 CAPITOL REPORTERS (775) 882-5322 32 STATE OF NEVADA, ss. CARSON CITY. 1 I, Michel Loomis, do hereby certify: That on August 4, 2014, an interview was held in the within-entitled matter in the office Of Attorney General. That said interview was recorded and said CD-ROM was delivered to me for transcription; That the foregoing transcript, consisting of pages 1 through 32, is a full, true and correct transcript of said recorded performed to the best of my ability. Dated at Carson City, Nevada, this let day of August, 2014. Michel Loomis, Transcriber REPORTERS (775) 882-5322 33 A Exhibit 7 Exhibit 7 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL RENO, NEVADA TRANSCRIPT OF ELECTRONICALLY-RECORDED INTERVIEW LISA RUGGERIO AUGUST 5, 2014 RENO, NEVADA Transcribed and CAPITOL REPORTERS proofread by: BY: Michel Loomis 208 North Curry Street Carson City, Nevada 89703 (775) 882-5322 CAPITOL REPORTERS (775) 882-5322 A A A Office of the Attorney General: CAPITOL REPORTERS (775) 882-5322 Jennifer Davies, Deputy Chief Investigator 5420 Kietzke Lane Reno, NV jdavies@ag.nv.gov RObison, Belaustegui, Sharp Low By: Kent Robison, Esq. 71 Washington Street Reno, NV 89505 Maupin, Cox Legoy By: Michael E. Malloy, Esq. 4785 Caughlin Parkway Reno, NV 89519 2 RENO, NEVADA, TUESDAY, AUGUST 5, 2014, 3:05 P.M. ?oOo- MS. DAVIES: Okay. The time is approximately 1:06 p.m. It is August 5th, 2014. This interview is being conducted at the law offices of Kent Robison at 71 Washington Street in Reno, Nevada. Present in the interview is myself, Jennifer Davies, Deputy Chief Investigator. And you are the clerk; correct, of the Washoe County School District board of trustees? MS. RUGGERIO: That's correct. MS. DAVIES: So, Lisa Ruggerio. And the spelling is Also present is Kent Robison and Michael Malloy. First of all, Lisa, you are aware that I am tape recording this; correct? MS. RUGGERIO: Yes. MS. DAVIES: And I have your permission to do so? MS. RUGGERIO: You do. MS. DAVIES: Okay. Also, I'll just make it known that counsel is also tape recording for their purposes. So, what I want to discuss first is the events that took place, kind of led up to and took place during the day on July 22nd, if you can kind of go through those and let CAPITOL REPORTERS (775) 882-5322 know. And then we'll kind of try and break it down a little bit. MS. RUGGERIO: Okay. So, just tell you BY MS. DAVIES: Q. Yeah, if you want to just go through your story and tell me, that would be great. MR. MALLOY: Story? MS. DAVIES: Well, okay. Your side. MR. ROBISON: Please keep your voice up because we want to make sure that we pick you up. MS. RUGGERIO: Okay. So on -- let's see. On July 22nd, I arrived at the school district to attend a meeting. The meeting started earlier in the day, but I did not attend the first part of the meeting. And so, let's see, the meeting started. It was a board docs training, which is an online program that we use for our agenda and our minutes. And so it was to train the trustees on how to use it because we use it during the meetings BY MS. DAVIES: Q. Okay. A. to review look at the agenda items and the corresponding documents. And so the person came in, actually, and trained the trustees and staff on how to use the board docs program. Q. Okay. CAPITOL REPORTERS (775) 882-5322 And after that, we had a we went through that training, and then after that, I think there was a short break. And then we went into what was supposed to be a I think we were talking about our board governance. I think it was called you call it a policy meeting. And so we were to talk about our board governance, and when the meeting was about to begin, we were seated. And President Clark gavelled and said that we would be going into a legal meeting. And then after that, we went into a meeting with the Board members and counsel and Superintendent Martinez. And President Clark presented that there had been a complaint about Superintendent Martinez regarding his having a licensed CPA. MR. MALLOY: Excuse me. Are you going to conduct this just let her talk like that or are you going to ask questions? MS. DAVIES: No, I'm.going to let her tell the story and we'll kind of go back. MR. MALLOY: All right. Fair enough. It's your interview. MS. DAVIES: No, that's okay. Go ahead. MS. RUGGERIO: And so that was presented, and comments were comments were made by some of the trustees. CAPITOL REPORTERS (775) 882-5322 5 Superintendent Martinez made some comments and got up and left the room and came back with a piece of paper, presented that to the trustees. Then he left again. After that, the trustees were concerned and felt that based off of Superintendent Martinez's response, because it was a little I don't know the right word to use. Troublesome, maybe. That we needed to talk about when we talked about putting this forward in a public meeting, he became inappropriate. BY MS. DAVIES: Q. Okay. A. His behavior was inappropriate. And then he left the room, and then President Clark was going to go and talk to him. And Dr. McLaury said, "No, you're not going to go by yourself," and so then the three officers agreed that we would go and sit down with him along with our chief legal counsel, Mr. Drake. Q. Okay. And just to clarify, you were one of the three officers of the board of trustees; correct? A. That's correct. President Barbara Clark; Vice President Barbara McLaury, Dr. Barbara McLaury; and then I am the clerk. Q. Okay. So then so the three of you including legal counsel went to talk to Pedro Martinez? A. Yes. CAPITOL REPORTERS (775) 882-5322 Okay. And what happened? So we went into Superintendent Martinez's office and sat down, and President Clark spoke and talked to Pedro that we would have to go forward in a public meeting with this information. And he started acting up again, acting inappropriate. me, just pay me", you know, little odd, honestly. And at that time, he kind of started saying, "Pay "pay me my contract," which was a So and, you know, President Clark said that's not appropriate. he be paid this money. At that time, he continued to to demand that And, you know, I said, "Pedro, that's not appropriate," and then he started to threaten us that he was going to that he was going to try to humiliate us in the press and that he was going to go to the governor and Arnie Duncan. we just kept saying, that point, board room. Q. went into the board room, And at that time, we just -- I said to -- I think "That's just not appropriate." And at I think we just got up and left and went into the So when you guys got up to leave and you Okay. is that when the discussion back and forth regarding a possible severance package started? A. Q. So when that take place? CAPITOL REPORTERS (775) 882-5322 ubme 030just became very MR. ROBISON: Hold on. Let me just -- you have to wait until she completes her question before you start answering, okay? MS. RUGGERIO: Sorry. MS. DAVIES: That's okay. MS. RUGGERIO: It's an Italian MR. MALLOY: Everybody does it, okay? MS. DAVIES: It's a hard habit to break, and I still do it. So don't worry about it. Yeah. So, how did that happen? How did that get started? MS. RUGGERIO: Okay. So ask me the question again. BY MS. DAVIES: Q. In reference to the discussion between the Board, the trustees and the officers and Pedro Martinez MR. ROBISON: You mean the Board officers? MS. DAVIES: Yes. MR. ROBISON: Thank you. BY MS. DAVIES: Q. How did that discussion about the possible severance package get started? A. In Pedro's office? Q. Well, from what I understood, he mentioned, "Just CAPITOL REPORTERS 882-5322 (775) contract," you know, "just pay me," and the response from you was, "That's inappropriate." And then you guys left. A. Yes. Q. And went back to the board room; is that right? A. Yes. Q. So, when you guys went back to the board room, was there more discussion about a severance package? A. So, basically, I mean, there was basically I -- it may have been President Clark who said, "He's, you know, demanding money to resign," and I think at that time, Randy Drake said, "Let me go and talk to him." Q. Okay. A. 80, that's what happened. I mean, it wasn't like any it was chaotic because we weren't we weren't prepared for him to behave the way he was behaving. So I think we were all in a little just very upset. Q. Okay. So what discussion, if any, took place, then, after Randy left? Did Randy come back with any information from Pedro for the officers or was there any discussion back and forth about possibly paying him a severance package? A. So, at that time, it was just very, very scattered. So there were several conversations going on at that time. And I think Randy was back and forth several times and talked with some of the trustees about what was happening CAPITOL REPORTERS 882-5322 (775) with his conversations with Superintendent Martinez, but nothing like, you know, we sat down and had a conversation or anything like that. It was just sheer, utter chaos. I was tending a little bit to Trustee Rosenberg just because he was wanting to go and interact with Superintendent Martinez. I said that's, you know, let's just sit down, be calm and try to see what's going to happen here. Q. Okay. After after that, what happened? A. I think at that time, Superintendent Martinez left and then the trustees went into Superintendent Martinez's office. And at that point, I think President Clark called in Communications staff, and they worked on a press release. Still very, very chaotic. And then I think after that, she may have called in the leadership team, which are the two our two our chief of staff and our deputy superintendent. She called them in, and then after that, I think Communications called a meeting of the leadership staff and most of the trustees went and met with leadership staff. And then after that, I trailed in a little bit later with Trustee Aiazzi and Randy Drake, and then we all returned back to Superintendent Martinez's office, and then we saw that he came back. He was back in his office. Q. Okay. And if you need to take a break I mean, CAPITOL REPORTERS (775) 882?5322 10 it's Obvious that this is visibly upsetting you. So I don't want to make this really difficult. So, if you want to take a break at any time -- I mean, it's just an interview. A. Okay. Q. So it's not a big deal at all. Okay? A. Yes. Sorry. Q. No, no, no. Don't worry about it. I'm.just trying to gather all the facts from everybody and put it all together. So there's no pressure. Okay? A. It was a bad day. So that's all. Q. It sounds like there was a lot of emotion, so So initially when you came out of the governance meeting at the very beginning of the day I think you were talking about the governance or policies or A. We were scheduled to go into Q. Oh, that's right. You were scheduled to go, and that's when President Clark gavelled and said, "We're having a legal meeting" and requested all other staff to exit. This was in the board room; correct? A. That's correct. Q. Okay. And at that time, President Clark presented the complaint regarding the CPA issue; correct? A. Correct. Q. Okay. So then during that time, President -- or Superintendent Martinez was present? CAPITOL REPORTERS (775) 882-5322 11 That's correct. Q. Okay. Discussing the CPA issue, his side of the story to tell you guys, what did he say? A. He just was very confused. He didn't really say anything. It my perspective as a trustee listening to him, it was very his response was odd because he seemed so confused, and kind of one minute, he was saying one thing and the next minute, he may have kind of said like the opposite. So it was worrisome. Q. Do you remember specifically what he said that was that was so different? A. I mean, I can't tell you exactly remember exactly what he said. I can just tell you the feeling Q. Okay. A. -- that I had as a trustee because, you know, we're reSponsible. And so, when you just it just was not the type of response that you would have expected for the situation. And it was he was very defensive and agitated, 50.. Q. Okay. So, if I understand it, so then the discussion about the CPA issues takes place. And at what point does somebody ask does somebody ask Superintendent Martinez to leave? A. Superintendent Martinez got up and left twice in that meeting. CAPITOL REPORTERS (775) 882-5322 12 Inot really study it. Q. Okay. A. So he just got up and left and came back the first time with a piece of paper, and I want did copy of a certificate. But I have really low vision, But he presented.it. It's a copy of a -- his CPA certificate or something like that. Q. Okay. A. So -- and then he talked some more again, was kind of really inappropriate and then left again. Q. Okay. Was he ever asked to leave or did he just leave on his own that second time? A. He just left on his own. Q. Okay. So he left, and then, if I understood you correctly, then it was you and Vice President McLaury and President Clark along with Randy Drake who went to his office to speak with him in person? A. Yes. Q. What conversations took place there? MR. MALLOY: Did you -- was that answer a "yes"? MS. RUGGERIO: Yes. MR. MALLOY: Go ahead. MS. RUGGERIO: Sorry. MS. DAVIES: That's okay. BY MS. DAVIES: Q. What conversation took place in his office? CAPITOL REPORTERS (775) 882?5322 13 So, like I said, President Clark had gone to the back. "This is serious" and that "the trustees are going to have to take this to a board meeting." I'm not exactly sure how she described it, but, you know, to a public meeting. And he just again very shockingly just said, you know, "Pay me" you know, "pay me money and I?ll go." And that's not appropriate. Then he made the inappropriate remarks. Q. And what were the inappropriate remarks? A. He said that he?s going to go to the governor and Arnie Duncan, and he was going to humiliate the school district in the media. Q. Okay. At that point, did President Clark respond or did you and the other officers and counsel leave it alone? A. We just said that's "Pedro, that's not appropriate," several times saying that. Q. When you after you and the officers returned to the board room and there was some discussion about the severance package, do you know I'm_trying to kind of figure out how the conversation -- and I know you had said it was very chaotic, and there was a lot of people tending to a lot of different things. A. Umrhum. Q. Can you remember how or who started those I?m trying to kind of narrow conversations, how it came down? down how. CAPITOL REPORTERS (775) 882-5322 l4 who like informed the others about what happened? I don't know if we I don't know how that happened. MR. ROBISON: Watch it, you are covering your mouth. Thank you. MS. RUGGERIO: Oh, sorry. I don't know how that part happened. BY MS. DAVIES: Q. Okay. A. But I just remember Randy Drake saying, "I'm going to go and talk with him" and him leaving. I do remember that, Q. Okay. Did Randy Drake then come back with information to present to the Board? A. I think Randy Drake came back -- there was several visits back and forth and came back. I wasn't really paying too much attention to that because it was chaotic. So we were spread -- so we had the we had tried a new setup in the board room, so it was a different setup than we usually have. And we were all spread.out all over. We weren?t sitting around the Board table. And so there was I think Mr. Mayer was in the corner and maybe Trustee Aiazzi were kind of talking when Randy was coming back in. But I was on the other side of the room talking with Trustee Rosenberg, trying to 882-5322 CAPITOL REPORTERS (775) 15 calm.him down? A. Yeah. I mean, he wasn't excited, but he wanted to go jump in and help, and I just was trying to keep things at a minimum.because it was kind of a crisis situation. Q. Okay. So was there any time that you can recall that Counsel Drake or President Clark did President Clark ever ask for any input or anything regarding offering Pedro any sort of of a severance package to leaveYeah, did she ask you? A NO. Q. Do you remember hearing her ever asking any other members of the Board? A. I don't know. I just know that there was some conversation kind of going on in the corner, but nothing like, "How do you feel about this?" I mean, it wasn't that type of environment. It was very chaotic and uncomfortable. Q. Okay. A. They were worried.because Q. So if I'm going to paint a picture and I don't want to but I?m trying the trustees and the board members were not sitting around a table with eight chairs having a conversation, you know, just very calm and everybody was kind of in different areas of the board room taking care of different things? CAPITOL REPORTERS 882?5322 (775) 16 That's correct. Q. Is that the picture? A. That's exactly the picture. Q. Okay. So what happens does do you know if President Clark then says, "This is" "this is what we're going to do. This is what we're going to offer him" or "this is" how did that portion finally end? Do you know? A. I think I think someone said that Superintendent Martinez had left the building. And so, then the trustees filed out of the board room and into Superintendent Martinez's office. And that's when President Clark called in Communications staff. Q. Okay. A. And she was working with them and I believe to write a statement, a press release statement. Q. Now, just out of curiosity, why would the trustees go into Superintendent Martinez's office A. Umrhum. Q. as opposed to staying in the board room? A. Well, because the board room well, one, it just wasn't it was set up differently that day. So, I think just to kind of keep an I think we were concerned about, you know, I was concerned about, you know, what was going to happen next. So I think, you know, when I found out Superintendent Martinez left, I may have even said, "Well, CAPITOL REPORTERS 882?5322 (775) 17 maerNH let's go" you know, "into Superintendent Martinez's office." Q. Okay. So then the trustees as well as the officers and Counsel Randy Drake are in his office? A. Well, so let me explain what his office looks like. Q. Okay. A. His office is like several offices and a sitting area. You walk in. There's Superintendent Martinez's secretary's desk, and then you go down this way. There's the Board of Trustees' secretary's desk. And then over here is like a sitting area where there are couches and chairs and coffee. Then there's an entrance into Superintendent Martinez's office. Q. Okay. A. 80 Q. So everybody all the trustees and the officers and Randy Drake are already in Superintendent Martinez's office at this time when he returns, or are you in kind of the outer annex areawhen he returns the second time? Q. Correct. A. So, no, we're out of that office, not even the CAPITOL REPORTERS (775) 882-5322 18 negatinwa entrance part where the secretary is. We're in the board room or in the hallway because they had just had a discussion with the leadership team. Q. Okay. A. President Clark. I wasn't there for the discussion. I was trailing I was trailing behind because I was waiting for Randy Drake and Trustee Aiazzi, and by the time I got there, President Clark had already finished talking to the leadership team. So I turned around I think I got into the board room, but all of the leadership team was already gone. Q. Okay. A. So we turned back around and came filing back into the general office area, Superintendent Martinez's office where the secretary and all that is. And then I noticed that Superintendent Martinez was there kind of squatted behind his desk. Q. Okay. Were you present when President Clark informed Deputy Superintendent Tracy Davis of the events that had just occurred? I should have been present. Okay. Yeah. I was there. Do you remember what was said or No. CAPITOL REPORTERS (775) 882?5322 19 Okay. Hum?um. No. Were you I was either at the table or I was right outside in the waiting area. But I was in right there in the vicinity, but I don't remember. Q. But you don't remember actually being in with her when she informed the deputy superintendent of the events? A. I may have been in there, but I don't I'm.not saying that I was or wasn't. I just I don't have that memory. But I was there, I mean, I remember seeing Tracy, but I don't know if I remember hearing President Clark tell her what was going to happen. Q. Okay. Were you present when President Clark told Chief of Staff Kristin McNeel about the events that had just unfolded and what was going to happen? A. I don't remember if I was there with Kristin either. I can't remember that part. I'm.sure I was. Q. Okay. A. I'm, you know, that was the only place I was at. I don?t know if I was right outside on the couches or in the office. Q. Okay. But you don't have any recollection of actually what was said by President Clark to either Tracy CAPITOL REPORTERS (775) 882j5322 20 Davis or Kristin McNeel? A. No. Okay. A. I mean, I can kind of guess probably what was said. Q. And I don't want you to guess. A. Okay. Umrhum. Q. If you were there and you remember, then obviously, I want you to tell me what you remember. A. Umrhum. Q. But if you don't, you don't. A. Okay. Q. So then Superintendent Martinez comes back and he's in his office. What is he doing at that time? A. So when we walked back in, Superintendent Martinez was kind of squatted behind his desk. And I think I followed President Clark in, and she kind of said, you know, "Pedro, what are you doing?" And he ignored her. And I think she asked him.again and he ignored her. And then he kind of got up and was shuffling going through papers on his desk and then turned around, turned his back to President Clark and started taking things off his wall. He got on a chair and started taking things off his wall in his office by his desk. Q. Okay. Were you ever present when President Clark CAPITOL REPORTERS 882-5322 (775) 21 (told Pedro Martinez that he was going to be placed on administrative leave? A. NO. Q. Were you ever present when President Clark might have told Superintendent Martinez that he was his contract was being terminated? A. No. Q. Okay. What, as an officer of the Board, what was the what was the outcome what was the plan that you guys had, you know, because obviously, what I'm trying to figure out is you guys have this discussion about the CPA issue A. Umrhum. Q. and then Pedro leaves and then he comes back. I'm trying to figure out what was told to Pedro and kind of how that all went down. A. Umrhum. Q. So MR. ROBISON: (Inaudible) the Board after the money -- MS. DAVIES: After the money. MR. ROBISON. Okay. MS. DAVIES: So he goes back after the money goes back and forth, I'm trying to figure out, did yeah, did President Clark tell him, you know, "You're fired, you're on administrative leave." CAPITOL REPORTERS (775) 882-5322 22 GUI MR. ROBISON: You left out you might as well go back and forth when Pedro left. MS. DAVIES: Right. He left and then he came back. So, I'm just trying to figure out MS. RUGGERIO: So, when he came from in his office the second time? MS. DAVIES: Right. Just as a perSOn, you would think that you wouldn't normally just walk out of your office and grab your stuff, you know. And so was there an instance that you were involved in or that you're aware of that he was told to leave the building, "You no longer work here, we don't want you here" 4? those are all my words. But was there any sort of occurrence that happened that you're aware of that he was given some sort of information like that? A. Not that I?m.aware of because the conversations like I said, it was an odd conversation to come from something you know, from the original discussion the way it the way it went. That was very troublesome. It was about money. He was very focused on he wanted money, and, you know, that was it. And it was not appropriate. It was not appropriate, and he was just he was agitated. He was just not being rational. And I was very worried because when he took all of the frames off of his wall, they were glass frames. So glass back to back, not not a certificate like where you CRPITOL REPORTERS (775) 882-5322 23 think you know, it was backed by cardboard. It was plastic. They were slipping out of his hands, and I became very concerned, you know, that they might get dropped, things like that. So that was kind of my focus was the whole safety and his demeanor. Q. Okay. In reference to the complaint about the CPA issue, are you aware of were you aware of this anonymous complaint or how this complaint was came in to to to the Board? A. I think President Clark said that there was an anonymous complaint about it, and that's all I know. Q. Okay. Did you know anything prior to that initial time when President Clark told you? Did you know anything about the complaint prior to that July 22nd board meeting? A. NO. Q. Okay. So A. No. Q. Okay. So were you aware of any internal investigation that took place regarding the the complaint? A. No. Okay. A No. Q. Okay. I think that's it for the 22nd meeting. A Okay. CAPITOL REPORTERS 882-5322 (775) 24 And.I just want to clarify just at the end that you were not present during the discussions with the deputy superintendent I shouldn't say that. You weren't aware of what was exchanged between the president with President Clark and the deputy superintendent or the chief of staff? A. Well, it wasn't that I wasn't aware. I remember seeing Tracy and Kristin there, but I do not remember what was said. Q. You don't -- A. I assume I can tell you what I assume, but I could have been sitting right there at the table. I just don't remember. I was right out there in the chair. Q. Okay. A. But I was there. Q. You were there? A. Yes. Q. Just don't remember what was said? A. No. Q. Okay. And you also don't know if anything was exchanged with President Clark and Deputy Superintendent Martinez as to what his -- what the outcome was, if she told him.to, you know, leave the building or A. Superintendent Martinez. Q. Yeah. What did I say? A. Deputy. CAPITOL REPORTERS (775) 882-5322 25 (DUI apologize. I apologize. A. (Inaudible). Q. Did you guys get it? It's all these really long titles. A. It's ridiculous. Q. So were you aware of any conversation that President Clark had with Superintendent Martinez regarding the outcome of his current position? A. No. Q. Okay. So let me ask you, when you left that day, what did you think what did you think was going on? That did you believe that Superintendent Martinez would be back to work the next day or did you know that he was that kind of tell me, what did you know? A. Well, I mean, my assumption was he was on leave. And, you know, that's a good question. You ask what was next? I don't think we had gotten to that point yet. It was so chaotic, you know. That's a that's a good question. I?m not even sure that we even knew the next steps after that because it was so so chaotic. I mean, initially, it was we need to -- you know, "We need to have this at a public meeting, Pedro." But then things turned so inappropriate and so unexpected, I just think you know, we were all still in a little bit of shock about the behavior, honestly. You know, just how did this go CAPITOL REPORTERS (775) 882*5322 26 down this road? Q. Okay. So I?m going to jump to the Ju1y 29th meeting that was held at counsel's office. A. Um-hum. Q. And I believe it was to discuss the lawsuit and some other issues that you guys had with counsel. MR. MALLOY: The word we prefer, as you might guess, "gathering." MS. DAVIES: Gathering. MR. MALLOY: We're using "meeting" in the non?open meeting law sense and just in the dictionary. MS. DAVIES: Exactly. MR. MALLOY: Okay. BY MS. DAVIES: Q. Were you aware of the statement that President Clark put out on July Blst? A. No. Q. And I speak of the statement where she -- she writes out that rather this is part of it: "Rather than debate this complicated issue, we have agreed that last week's events are void. Superintendent Martinez was never terminated or fired as superintendent of the Washoe County School District, and we expect him to return to work and fulfill his responsibilities and duties immediately." A. I read that statement on Twitter. CRPITOL REPORTERS 882-5322 (775) 27 Okay. So you were not aware of this statement? A. That she made the statement, no. No. Q. Okay. Had there been any discussion during the gathering or the meeting with your counsel regarding this prior? Did you know anything about it at all? MR. MALLOY: Are you asking what the discussion was at the gathering with Mr. Robison? MS. DAVIES: Just if she had any knowledge of that the statement was going to be made. MR. MALLOY: And are you asking if she gained that knowledge at the meeting with Mr. Robison? MS. DAVIES: Yes. MR. MALLOY: And the discussions with Mr. Robison is privileged. MS. DAVIES: True. BY MS. DAVIES: Q. So the first time that you read this statement was A. Was on Twitter. Q. was on Twitter. Okaythat meeting the whole time. Q. Okay. So if we look at it, and I just want to know if you know A. Um?hum. Q. having spoken with have you spoken with the CAPITOL REPORTERS (775) 882-5322 28 (A. trustees or any of the other officers since the July 22nd meeting about what's been going on? A. Q. A. Q. referring to A. Q. Well, just the emotion of it, just Okay. you know, this is horrible. Okay. So do you know who President Clark is in this when she says "we have agreed"? just wondering if A. Q. side. Can I Absolutely. You yeah, you can it's I'm Somewhere, somewhere. Probably halfway down towards the right?hand MALLOY: Beginning of the sentence. MS. DAVIES: Yeah. MS. RUGGERIO: Me and MS. DAVIES: and I don't want you to I don't want you to guess. MS. RUGGERIO: Um?hum. MS. DAVIES: I'm just wondering if you know if she's speaking of the Board or of herself and counsel, if you even know. MS. RUGGERIO: I don't know, but I would think MS. DAVIES: Perfect. MS. RUGGERIO: You don't need CAPITOL REPORTERS (775) 882-5322 29 MS. DAVIES: I don't want you to guess, no. No. MS. RUGGERIO: Oh, okay. BY MS. DAVIES: Q. So then what I do want to ask you, though, if she says "we have agreed that last week's events are void" A. Um?hum. Q. if she's saying that what do you think what's void in the events that took place last week? A. I don't want to sound dumb, but I really don't know. Q. Okay. A. To be honest with you. Q. That's fine. A. Okay. Q. Yeah. And like I said before, I don't want you to guess. A. Okay. Q. If you don't know, you don't know. A. Sorry. Q. That's okay. Don't be sorry. In reference to a court filing that was filed on behalf of this office in response to a complaint on the 29th of July regarding some deficiencies of Superintendent Martinez, are you aware of that court filing? A. I just became aware of that court filing. CAPITOL REPORTERS (775) 882?5322 30 Okay. And what do you know in reference to the information regarding his deficiencies, if you can share? A. Like what do you mean? MR. MALLOY: Are you asking her what she knows about what they are? MS. DAVIES: Right. Correct. What you know. MS. RUGGERIO: I didn't read it. MS. DAVIES: Okay. MS. RUGGERIO: I'm trying not to read anything because I just don?t think I can handle it. I'm just staying away from the media or anything. Just every once in a while, I'll look at Twitter because it's least painful. So just to kind of get a, you know, just maybe a little bit of what's happening. But I have not read anything in detail. I plan to, but at this point, I just can't. DAVIES: Q. Okay. At any time during A. That sounds really irresponsible as a public official. MR. MALLOY: It's understandable. Don't worry about it. MS. RUGGERIO: I?m just trying to stay away from the newspapers. MS. DAVIES: I think it would it's almost a full?time job to read it. CAPITOL REPORTERS (775) 882?5322 31 .5me (ID-40101 MS. RUGGERIO: Yeah, but it's not because I don't want to know about it. I just think right now, I'm.just trying to take everything step by step. MR. MALLOY: Give yourself a break. You'll read it and see it all eventually. MS. RUGGERIO: Yeah, I hear it?s horrible. So BY MS. DAVIES: Q. At any time during the time that Barbara Clark called gavelled for a legal meeting to the time that Pedro Martinez left the building for the final time with his certificates in hand and whatnot A. Okay. This is Ju1y Q. This is July 22nd. I apologize. A. Okay. Q. Did you ever receive any advice from legal counsel? And I don't want to know what it was, if he shared. I just want to know if legal counsel gave advice to you as an officer to do or not do something.? MR. MALLOY: So you're just asking for a "yes" or MS. DAVIES: Correct. Yes. MS. RUGGERIO: So MR. MALLOY: The answer would be "yes" or MS. RUGGERIO: Yes. CAPITOL REPORTERS (775) 882-5322 32 MS. DAVIES: Q. So at some point during A. Just at the beginning of the meetings, he always says this is Q. And, like I said, I don't want to break that client A. Oh, okay. Q. attorney/client privilege. So I don't want to A. Oh, okay. Q. what was shared. MR. MALLOY: That's why I said to make sure to say "yes" or MS. RUGGERIO: Oh, okay. BY MS. DAVIES: Q. No, no, that's okay. So that's why I say at some point, did he give you legal advice as an officer to do or not do. MR. MALLOY: You understand she's not asking what the advice was, but she's only asking if advice was given. MS. RUGGERIO: Yes. Just yes. BY MS. DAVIES: Q. Okay. At the beginning of the meeting? MS. RUGGERIO: Am I supposed to answer that? MS. DAVIES: can answer that because you're CAPITOL REPORTERS (775) 882-5322 33 .not sharing. MS. RUGGERIO: Okay. MR. MALLOY: You're not sharing what the advice is. BY MS. DAVIES: Q. Yeah. I just don't want to know like the conversation that he shared with you guys. A. Okay. Just business as usual. Q. Okay. Was that the only time that he gave you as an officer any legal advice? A. Well, I mean, he's always with us, so Wait a minute. Are MR. MALLOY: Wait a minute. you talking about Randy Drake now? MS. DAVIES: Yes. MR. MALLOY: Okay. MS. DAVIES: Yes. MR. MALLOY: All right. I misunderstood a little bit. MS. DAVIES: I am only speaking of Randy Drake because he was the only counsel that was there during that July 22nd MS. RUGGERIO: Umrhum. MS. DAVIES: -- entire event, I should say. MS. RUGGERIO: I mean, I just depend on him to guide me in whatever I do. So CAPITOL REPORTERS (775) 882-5322 34 MS. DAVIES: Okay. MS. RUGGERIO: Because I am.new to being an elected official, so I am.very dependent on his guidance. MS. DAVIES: Okay. MR. MALLOY: And I apologize for the misunderstanding. MS. DAVIES: That's okay. MR. MALLOY: I thought you were talking about Mr. Robison. MS. DAVIES: Gotcha. No, that's okay. I'm glad we got that cleared up. I think that's all I have. Kent just stepped out of the room. He stepped out of the room probably about 15 minutes ago. Michael, do you have any questions? MR. MALLOY: I do not. MS. DAVIES: Okay. Do you have any questions for me? MS. RUGGERIO: So, what will happen? What's BY MS. DAVIES: Q. What I can tell you it's an open investigation that my office is conducting. I'll continue the interviews that I need to gather all my information from both sides. That's pretty much what I am, a fact gatherer. A. Okay. CAPITOL REPORTERS (775) 882-5322 35 all together. I give all of the audio to my attorney. I give him all my notes and everything, and then at that point, he goes through everything and makes his decision on, you know, on where to go from here. A. Um?hum. Q. And then, you know, at that point, then I know Kent/and Michael will be, you know, aware of that. And I can't tell you how long. We hope that this is kind of on the fast truck. A. Umrhum. Q. But I don't know. A. Okay. Q. But obviously, you can always make contact with Kent or Michael to kind of see the status and find out, and they can always contact me and I, you know, I have no problems like if it's still going on and I'm still doing interviews, I will share that with them. And if I'm done with my investigation, I will share that with them as well and say, you know, my investigation is complete and I've handed it off to my attorney. A. Umrhum. Q. And then at that point, you know, then it just So goes from there. A. Okay. Thank you. CAPITOL REPORTERS (775) 882?5322 36 MS. DAVIES: Any other questions? MS. RUGGERIO: No. MS. DAVIES: Okay. and end the interview. The time is approximately 1:59 p.m. You're welcome. So what I'll do is go ahead It is August 5th, 2014, and I'm going to stop the recording. (Proceedings concluded.) CAPITOL REPORTERS 37 (775) 882-5322 STATE OF NEVADA, SS. CARSON CITY. I, Michel Loomis, do hereby certify: That on August 5, 2014, an interview was held in the within-entitled matter in the office of Kent RObison. That said interview was recorded, and said was delivered to me for transcription; That the foregoing transcript, consisting of pages 1 through 38, is a full, true and correct transcript of said recorded performed to the best of my ability. Dated at Carson City, Nevada, this 14th day of August, 2014. Mi?hel Loomis, Transcriber CAPITOL REPORTERS (775) 882-5322 38 A Exhibit 8 Exhibit 8 STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL RENO, NEVADA TRANSCRIPT OF ELECTRONICALLY-RECORDED INTERVIEW DAVE AIAZZI AUGUST 4, 2014 RENO, NEVADA Transcribed and CAPITOL REPORTERS proofread by: BY: Michel Loomis 208 North Curry Street Carson City, Nevada 89703 (775) 882?5322 CAPITOL REPORTERS (775) 882-5322 A A A Office of the Attorney General: REPORTERS (775) 882-5322 Jennifer Davies, Deputy Chief Investigator 5420 Kietzke Lane Reno, NV 89511 jdavies@ag.nv.gov Robison, Belaustegui, Sharp Low By: Kent Robison, Esq. 71 Washington Street Reno, NV 89505 Maupin, Cox Legoy By: Michael E. Malloy, Esq. 4785 Caughlin Parkway Reno, NV 89519 RENO, NEVADA, MONDAY, AUGUST 4, 2014, 3:32 P.M. ?oOo? The time MS. DAVIES: Today is August 4, 2014. is approximately 3:32 p.m. This is an interview taking place at the law offices of Kent Robison at 71 Washington Street in Reno. Present in this interview is myself, Jennifer Davies, deputy chief investigator, Michael Malloy and Washoe County School District trustee Dave Aiazzi. And the spelling is is that correct? THE WITNESS: Correct. MS. DAVIES: Okay. Also in the interview is Kent Robinson who at this moment has stepped out of the office to return shortly. BY MS. DAVIES: Q. Dave, you realize that I'm tape recording this interview; correct? A. I do. Q. Okay. And I have your permission to do so? A. Yes, you do. Q. Okay. And I'm going to go ahead and put this a little bit closer to you, if you can go ahead and project your voice A. Annunciate a little? 882-5322 CAPITOL REPORTERS (775) Yeah, if you need to yell at me, please do, I won't take offense so that we can get it on the record. What I want to do is if you can just give me kind of an idea of what happened on July 22nd from the start to the end of the day and then we?ll kind of break it down from there. A. Okay. I got to the school district offices because we had a meeting about BoardDocs, which is a software package that we use. So, we go through that meeting and then at about 1 o'clock I think it was Barbara Clark, president, comes in and says we're going to have a legal briefing now. Everyone else leave the room. So, everyone left and in the room were the trustees except for Estela Gutierrez, Pedro Martinez and the attorney Randy Drake. And Barbara brought up told us that she had gotten this anonymous tip that she had heard something about the CPA licensure of the superintendent. She had been investigating it for two weeks with the attorney and with the auditor and thought that it deserved attention to bring to the board to see what we should do with that. Whether we should head with that to a public meeting or not. So, Pedro was in the room, she brought up all these things, gave Pedro a chance to respond, he responded that he didn't think it was a big deal. He said excuse me, CAPITOL REPORTERS (775) 882-5322 I'll go out and bring you my diploma. 80 he went to his office, we were in the board room at the time. And so while he was gone we had some discussion, I asked Randy Drake particularly whether we could have this discussion here today. He said as long as it's we feel that there's going to be some action taken against the superintendent it will probably involve a lawsuit. So we are talking potential litigation. And as long as we only talk about this issue, it won't be about his character or conduct, it?s about this one thing that we have to see where we're going to proceed. Q. And if I can interrupt you. A. Certainly. Q. You're talking about the one thing is the CPA A. CPA. Q. issue? A. Correct. Q. Okay. A. The statements of facts or not I guess is what you might call it. So, Pedro leaves the office, I have the conversation with Randy Drake. He comes back with his diploma and we discuss a little bit, have some conversation of what that means and what his diploma means as opposed to what the Illinois State law means. And so Barbara Clark then asked CAPITOL REPORTERS (775) 882?5322 Pedro to leave the room. And he does leave the room. And we tell them well, that seems like something like the three, the president, the vice president and the clerk should go in and talk to Pedro about it. Because we feel we should take it out to a public meeting. This is enough to where okay, let's let?s agendize this and put it on public record. So they go back and speak to Pedro, I think Randy Drake also went with them to that meeting. They come back and during the day there was a couple different back and forth. I never went into the meeting with Pedro so I don't know what was said in those meetings, I don't remember how many times it went back and forth. It came back to us that Pedro was willing to resign if he got his three months and one year that's in his contract, that he was willing to do that. And so there was I'm not sure how that's classified, but we had a little bit of discussion about whether we wanted to pay him off or not knowing full well that we couldn't make a decision then, it still had to be public, we had those discussions. Then they went back again one time, the three officers, Barbara Clark, Barbara McLaury and Lisa Ruggerio. And they came back and told us basically his attitude is such that we don't feel he can be here any longer today and keep running the district today. He's agitated, he's calling CAPITOL REPORTERS (775) 882-5322 everyone, he's doing this. That's what they told us, I have no idea what really happened in that office, that's what they told us. Q. Right. A. So Barbara Clark just sort of said we think he needs to go today. Then she sort of took the temperature of the room. Not a vote, just what do you think, what do you think, what's the temperature of the room to do that. And I my feeling is everyone sort of said you're the president, you feel handle it the way you feel it should be handled. Let me go backwards a little bit. There's one mOre important step in there. At one point the other trustee called in Estela Gutierrez. She was told what was happening, she was discussing the contract terms perhaps about whether something would happen or not. And so she was involved in those conversations. Then she hung up, she was on the phone, Barbara Clark had her on her speakerphone or her iPhone, so we're all listening there. Q. Okay. A. So the officers went back, talked to Pedro about that. Told him he Barbara I'm assuming, someone told him he had to leave immediately. And he left. There was no instruction of making escorting him out or anything, he left. So he was out of the building right then. CAPITOL REPORTERS 882-5322 (775) Someone said let's go into Pedro?s office and have this discussion, I think it was because it was a little more private than the big board room we were in. So we all go into Pedro's office with Randy Drake. Again, Estela Gutierrez wasn't there but the rest of the trustees. And Pedro comes back after about 20 minutes and comes into the office. They a police officer showed up, I think one of the trustees called them and I told him to leave, we didn't need that right then. The other trustees went out because there was a meeting with the upper management of the district at the time, so they went out to go talk to them and tell them what was happening and I stayed there and spoke with Pedro. Q. Okay. A. Randy Drake was also there, I think Lisa Ruggerio came in and out a couple of times, some of the other trustees might have come in and out. And we were discussing about taking this public. I said, you know, Pedro, you're going to have to take this to a public meeting. He says well, I have to talk to my attorneys. He grabbed some stuff out of his desk, grabbed some stuff off the walls and went home. That's pretty much what happened. MR. MALLOY: On the 22nd? MS. DAVIES: On the 22nd, that's all we?re talking about right now. THE WITNESS: Yes. CAPITOL REPORTERS (775) 882-5322 MS. DAVIES: Q. Okay. So to back up a little bit and we'll speak only of the 22nd, the -- the initial time that all of the trustees were together after the computer A. Right. Q. after that A. BoardDocs. Q. BoardDocs training. And did President Clark at the time tell the trustees that this was why she wanted to have this meeting, it was in reference to the CPA issue? A. She just came in and said we're going to have a legal briefing. I had no idea what it was about because she didn?t say what it was about until everyone left the room and we began the briefing. And then she told us what it was about. But I got the feeling that no one in the room even knew anything about it prior to that moment. Q. Okay. Had you known anything prior to that moment? A. No, not about this issue at all. Q. Okay. So up until that moment that she said we have an issue with Superintendent Martinez's CPA certificate or license, you knew nothing about it? A. Correct. Q. Okay. At that point then the discussion you you the board members, the trustees have a discussion CAPITOL REPORTERS (775) 882-5322 amongst themselves and then the officers leave to go talk with Pedro and you?re not part of that A. Correct. Q. meeting? Okay. And then I?m just trying to recap for my own brain. Then they come back and at that point, is that when the rest of the trustees were informed that Pedro had said that I'll leave with, you know, the severance package from my contract A. Yes. Q. basically. Okay. A. Once he left once Barbara Clark asked him to leave the board room, that's the last time I saw Pedro until he returned later that day. Q. When you had your conversation A. So then that whole that whole discussion we never saw him again, the three the three officers did, but we never did. Q. Okay. And Estela Gutierrez was present during part of that negotiation meeting when the board was talking about a severance package by phone; correct? A. Correct. Q. Okay. Okay. Was there any sort of definitive decision or vote that was ever done between the trustees to say this is what we'll offer him, how was that discussion CAPITOL REPORTERS (775) 882-5322 10 between the trustees made? A. I think it was more again with Barbara Clark listening to everyone's input and taking back what she thought it was at the end of the day. Q. Okay. Do you was it Barbara Clark who would go back and forth with the proposal to Pedro? A. Sometimes I believe it was the attorney. Q. Okay. A. And other times it was Barbara. I'm honestly not sure about how many times. Like I said, they went back and forth and who went back and forth. Sometimes it was just the attorney. Q. Okay. A. Randy Drake. Q. Okay. Were you ever present during a a meeting, I shouldn?t say meeting, but were you ever present when President Clark spoke with Deputy Superintendent Tracy Davis about the decision or the events that had just taken place? A. No. Q. Okay. Were you present during when President Clark met with Chief of Staff Kristin McNeel to tell her about the events that had just taken place? MR. MALLOY: I'm glad you said the events just had taken place because your other question said the decision. CAPITOL REPORTERS (775) 882-5322 11 MS. DAVIES: Yes. MR. MALLOY: And I think that's the ultimate issue MS. DAVIES: The events that took place. THE WITNESS: I -- I overheard something in the hallway when we were talking. So I heard something. BY MS. DAVIES: Q. Okay. Do you remember what part of that conversation, what did what did you hear? A. I heard her say something to the effect of you're not taking orders from Pedro today anymore, you're going to report to me. Q. Okay. Were you present during when were you present when President Clark informed the leadership team of the events that had just taken place? A. No. When they were there that's when I was in the office speaking to Pedro. Q. Okay. A. So they went there and I was talking to Pedro at that time. Q. Okay. A. I never even went in the room with the leadership team. Q. Okay. And were you present when President Clark gave her statement to the media about the events that had just CAPITOL REPORTERS 882-5322 (775) 12 If} taken place? A. The press conference you mean? Q. Yes. A. Yes, I was there. Q. Okay. Do you remember what President Clark said during that -- that press conference? A. I read the statement afterwards. Yeah, I remember that, I remember she said one thing I wish she wouldn't have said. Q. Which was what? A. When someone asked about what's the process for hiring a new superintendent. That was nothing that was ever discussed at all by the rest of the trustees. That's something she just pulled out of the air. Q. Okay. And what was her reSponse? A. I don't remember the exact response. It was something that well, we'll have to go looking and, you know, go through the regular process or something like that. Q. Okay. So, when when that press conference was going on I I believe I just watched it this morning, there was a question about the process and her response, President Clark's response was about an interim an interim superintendent, you know, that how they were going to go about it. That was never discussed amongst any of the CAPITOL REPORTERS (775) 882-5322 13 trustees? A. I think the question I was referring to was to replace Pedro. Q. Okay. A. Because we hadn't discussed replacing him at all. Q. Okay. A. Because we didn't think he was fired at that point to me, we hadn't discussed that either. Q. Okay. So is it your is it your opinion that at that time when the press conference was taking place that Superintendent Martinez was temporarily relieved of his duties or was it a permanent? A. Temporarily. I believe that the press release was a mischoice of words that people misunderstood. And what I've been likening it to is from my time on the city council, whenever there's an officer involved shooting he's always relieved of duty. Q. Correct. A. And but until the investigation is done and hopefully it's back into so that's my take on it. Q. Okay. A. But usually they always say relieved of duty with pay or something to really reinforce that he hasn't been terminated. Q. Okay. CAPITOL REPORTERS 882-5322 (775) 14 that's what I took from that turn phrase. Q. Okay. So then Pedro leaves you said for approximately 20 minutes or so, time is not that big of an issue, and then returns and the trustees are in his office. And that is when you had a conversation with Pedro? A. Correct. Q. Okay. Can you go into a little bit more detail, do you remember exactly what that conversation, what was said? A. I think it was more of a continuation of, you know, we're going to have to take this public, we're going to have to do this. He was talking about well, if you give me the 12 months and three months I'll be happy to leave. That was kind of what it was. It was just him and I talking about terms of his leave. Q. Okay. Did you ever mention did you ever say to him -- to Pedro that that he should really consider taking the severance package? A. I'm not sure which severance package you're referring to. Q. Okay. So, it would be the severance package that actually let me back up a little bit. Is it your understanding that he came back to the board with a proposal or a severance package that he would agree to to leave if the board agreed to to honor? A. That's my understanding. 882-5322 CAPITOL REPORTERS (775) 15 Okay. And at that point then, is that when you made comment that this would be something that would have to be done in a public hearing? A. Of course. Q. Okay. A. And again, I to my previous I likened it to at that point labor negotiations where you negotiate in private but any final action has to be taken in public. Q. Okay. So then in reference to that request for a severance package did you discuss with Pedro that that's something that he should really consider taking, that he should consider, you know, what it's going to do to his family? Did you have any sort of a deeper conversation with him about possibly the the ramifications A. I think it was just nothing much deeper other than, you know, this will be public. Q. Okay. MR. MALLOY: Are you cold? Is it freezing in here? MS. DAVIES: It's getting cooler. THE WITNESS: Can you check the thermostat. There it is right there. MS. DAVIES: Right. He's the only one I think who knows how to work it. THE WITNESS: Are you cold now? CAPITOL REPORTERS (775) 882-5322 16 MR. MALLOY: I didn?t say that. MS. DAVIES: So, I'll make a note on the record that Kent Robinson just entered the room for the first time during this interview. BY MS. DAVIES: Q. Were you aware of any anything that was conducted by the trustees or the officers to either prove or disprove the allegations regarding this CPA issue? A. The initial conversation the attorney Randy Drake was just telling us that in Illinois it's a violation of law to do this. And that's where the discussion came up on okay, there's enough information to take this to a public meeting. Q. Okay. A. So there was just that much, there wasn?t a whole lot. Q. And when you say to do "this," what do you mean? A. To have a meeting to discuss -- to discuss this in public. There's a lot of complaints about people all the time and you want to make sure it has some validity I think before you put it into the public and make sure there's something to the complaint. Q. Okay. And that it was at that point that then it was a discussion that this should be made public A. Absolutely. And it?s my Q. at that time? Okay. 882-5322 CAPITOL REPORTERS (775) 17 understanding just from previous trustees and officers that as a trustee or an officer you're given a stipend for your cell phone or your internet usage for e-mails, computer stuff; is that correct? A. Correct. Q. Okay. And do you accept that type do you have that -- do you accept that statement? A. Yes. Q. Okay. So do you have occasion on occasion do you text message or make phone calls to other trustees regarding, you know, board meetings or work purposes? A. Yes. Q. Okay. And do you have on occasion have you had on occasion used either your cell phone to make calls or text messages to Superintendent Martinez? A. Very rarely. Q. Okay. But it has happened? 33 Yes. Q. Frequently or infrequently, but it has happened? A Yes. Q. Okay. How often would you say you discuss public business with other trustees on your cell phone or by e?mail? A. Well, I'll give you the rundown. I hardly ever speak to three of them. More so with Lisa Ruggerio, a lot less with Howard and few or less with the rest of them. CAPITOL REPORTERS (775) 882-5322 18 Okay. A. I will tell you that I've never spoken at all with John Mayer about anything coming up or or Barbara McLaury only a few times, Estela hardly ever, maybe once in two years. Q. And that's how long you've been a trustee? A. Two years in January. Q. Okay. Okay. So, let's jump ahead to July 29th, and that was when there was a a meeting regarding the lawsuit with some of the trustees and the officers with legal counsel. A. Is that the one we had here? Q. So you were present during -- A. Yes. Q. that? Okay. Were you I just totally just lost my entire train of thought. Oh, good. See, I?m not the only MR. MALLOY: That happens. As you get older it gets worse. BY MS. DAVIES: Q. During that -- that meeting regarding the lawsuit, were you aware of a statement that was made, a written statement that was made by President Clark regarding I'm trying to carefully pick my words regarding Pedro Martinez returning to work? CAPITOL REPORTERS (775) 882-5322 19 was aware that the president was working on something. Q. Okay. Were you were you part of that kind of work product or was that simply something that President Clark did? A. I know at one point in the meeting Kent took the officers out of here and they might have had that discussion there. Q. Okay. Did you read the statement or did you hear about the statement in the media? A. Yes, I heard about it. Q. Okay. Had you read it prior to w? A. No. Q. Okay. So the first time that you were made aware of the statement was in the media? A. I knew there was going to be a statement, but I didn't know the wording of it. Q. Okay. Did you know what prior to learning or reading about it in the -- with the media, were you aware of what the outcome of that statement was going to be in terms of that that they were taking about that President Clark had talked about the actions of the previous week were void and that I'll say that Superintendent Martinez was never terminated or fired as superintendent of Washoe County and they expected him to return to work? CAPITOL REPORTERS (775) 882-5322 20 MR. ROBISON: I do not want you to get into anything that I said or any of the other attorneys said at that meeting. MS. DAVIES: No. THE WITNESS: I was hoping that's what he would say. MS. DAVIES: Okay. BY MS. DAVIES: Q. In reference to the the court filing that I had spoken about where there's a court filing that was filed I believe on July 29th regarding supposed deficiencies of Pedro Martinez, are you aware of that? A. I'm aware of a final. Q. Okay. MR. MALLOY: Is that the right days? MS. DAVIES: I will double?check. MR. MALLOY: I thought you said the 31st. MS. DAVIES: But I believe so. MR. MALLOY: It wasn't the Blst. I mean, I thought we had said that before. Maybe it was the 29th. Or even the 30th. MS. DAVIES: I was going to say this is let me show you that. MR. MALLOY: The final meeting by Mr. Robinson. MS. DAVIES: There is a motion for extension of CAPITOL REPORTERS (775) 882-5322 21 time to file. MR. ROBISON: Yeah. MS. DAVIES: Okay. So it was it was July 29th. MR. MALLOY: Okay. BY MS. DAVIES: Q. So were you aware of the the court filing? A. I'm aware there was a filing. Q. Okay. A. I have never read it. Q. Okay. Were there any discussions about the deficiencies that were that are alleged for Superintendent Martinez with you and other trustees? A. When? Q. At on this date or any other date prior? A. Well, I don't really know all the details in there because I don't read the newspaper anymore as you can imagine. I asked Randy to forward me all of the documents last Friday, but I haven't read them yet, so I don't know all that's in there. Q. Okay. Did you have any conversations with any of the trustees about the the alleged deficiencies at any time? A. I'm not sure which ones those would be. Q. Okay. CAPITOL REPORTERS (775) 882-5322 22 you listed them I may. Q. And I will tell you I haven't read A. I may have on some of them, but I don't know what they all are. Q. Okay. I think that?s all I have. MS. DAVIES: Those are all the questions that I have for you. Michael or Kent, do you have anything that you want to add? MR. ROBISON: I do not. MS. DAVIES: Okay. So what I would ask is that you don't discuss anything that took place in the interview, any of our questions, responses with anybody outside of this interview until after our investigation is complete. And so at this time I would go ahead and end our interview. It is approximately 4:03 and it is August 14th, 2010 -- no, 2014, August 4th, 2014. (Proceedings concluded at 4:03 CAPITOL REPORTERS (775) 882-5322 23 STATE OF NEVADA, ss. CARSON CITY. I, Michel Loomis, do hereby certify: That on August 4, 2014, an interview was held in the within?entitled matter in the office of Attorney General. That said interview was recorded and said was delivered to me for transcription; That the foregoing transcript, consisting of pages 1 through 23, is a full, true and correct transcript of said recorded performed to the best of my ability. Dated at Carson City, Nevada, this let day of August, 2014. Michel Loomis, Transcriber CAPITOL REPORTERS (775) 882-5322 24 ?2 Exhibit 9 Exhibit 9 rum .- -. STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL RENO, NEVADA TRANSCRIPT OF ELECTRONICALLY-RECORDED INTERVIEW KRISTIN MCNEEL AUGUST 1, 2014 RENO, NEVADA Transcribed and CAPITOL REPORTERS proofread by: BY: Michel Loomis 208 North Curry Street Carson City, Nevada 89703 (775) 882-5322 CAPITOL REPORTERS (775) 882-5322 A A A 8 Office of the Attorney General: CAPITOL REPORTERS (775) 882-5322 Jennifer Davies, Deputy Chief Investigator 5420 Kietzke Lane Reno, NV jdavies@ag.nv.gov RENO, NEVADA, FRIDAY, AUGUST 1, 2014, P.M. SESSION ?oOo? MS. DAVIES: Today is August lst, 2014. This is an interview taking place at the Reno office of the attorney general with myself, Jennifer Davies, Deputy Chief Investigator, and Chief of Staff for the Washoe County School District Kristin McNeel. Kristin, you know that I'm tape recording this; right? I do. THE WITNESS: Yes, MS. DAVIES: And I have your permission; correct? THE WITNESS: Yes, I do. BY MS. DAVIES: Q. Perfect. So just a couple quick questions in reference to obviously everything surrounding Pedro Martinez. And if you can just give me a little bit of history on what your day what happened on July 22nd of this year. A. Sure. So we started off the day in what we typically call a work session, and that's you know, we have different items on the agendas. You knowhave to explain something in larger depth, like for example, in March, we had a two?day budget work session. Q. Okay. A. So typically, they're longer than a typical board CAPITOL REPORTERS (775) 882-5322 3 meeting. Q. Okay. A. But it allows the trustees time to discuss things in much more detail than they would in a normal board meeting. So we had several agenda items. Q. Okay. A. So we started off the meeting with an ethics training, and then we went into what was the second item on the agenda? Q. That's okay. There was something else. A. Yeah, there were like two or three items. We had the governance manual. We were going to talk about events in the afternoon, and then we had a Board policy meeting, which was on a separate agenda. So we had basically two agendas for the day. Q. Okay. A. And so we had gone through the ethics training. We took a little bit of a break, came back, and then we went into the second part of that day. And I can't -- it's it's bothering me I can't remember. We had three items on the agenda, but now I can't remember what it was. It was ethics training. We had the governance manual. Well, anyways, it was around like 11:30ish, somewhere around that time. President Clark walked in. CAPITOL REPORTERS (775) 882-5322 There weren't many staff at that point in time. There was more staff at the ethics training. Q. Okay. A. And then more staff left, and then we started the second part of the agenda. And President Clark walked in and said they were going into a legal meeting there for the all staff needs to leave. Q. Okay. A. So, I got up and went out and went up to my office Q. Okay. A. and just started to get some work done. Q. Okay. So you weren't part of that legal meeting at all? A. No, I am not supposed to be'part of that legal meeting. Q. Okay. A. Typically it's just the trustees and their attorney and, obviously, the superintendent. Q. So, obviously, you were aware that there was a School Board meeting that took place on the 22nd? A. Yes, yes. We had a work session agendized. Q. Okay. Did you do you know typically in advance of items that are on the agenda? Do you see the agenda prior to it being posted for 882-5322 CAPITOL REPORTERS (775) 5 Oh, yes. Q. the public? A. Yes. Yes. My office works very closely with the legal staff in setting up the agendas. My office is actually in charge of posting those agendas to make sure that we're on time for the posting. Q. Okay. Do you know which trustees were in attendance for the board meeting or were any of them, all of them? A. For -- well, they came there were some that were present for the ethics, and then there was some that was present for the second item. And then the only one that wasn't present for the entire day was Estela Gutierrez. Q. Okay. Perfect. And typically, on an agenda you said your office posts them. Would you have seen and reviewed an agenda that was being, you know, placed, whether it be for the 22nd meeting or any meeting prior or even in the future? A. Yes. Q. Okay. So you would be aware of the items on that agenda that were listed for discussion, were listed for possible action? A. Correct. And was there an agenda item on the Q. Okay. July 22nd that made notice that the Board was going to CAPITOL REPORTERS (775) 882-5322 discuss -- whether it be have discussion or take possible action on Superintendent Pedro Martinez? A. No, there was no item like that. Q. Okay. Prior to the July 22nd meeting, were you aware of any allegations regarding Superintendent Pedro Martinez about his character, any alleged misconduct, his professional competence A. No. Q. anything? A. (No audible response.) Q. Okay. Just a follow?up to that. Were you aware of any sort of investigation that took place in reference to Superintendent Martinez that would have been done internally within A. No. My office is not connected with that. Q. Okay. So let's fast forward a little bit. So you?re in your office doing your work. Do you go back to the board meeting? Do you kind of take me through what happens now. A. So we had scheduled a Board policy. And so we had staff starting to line up because, you know, they needed to know if their policies were going to come up for discussion, and that?s in the second meeting of the day. So the clock was ticking, and I was getting a little concerned. And then it was probably I want to say CAPITOL REPORTERS (775) 882-5322 around I think around 2, 3, somewhere like that, maybe around closer to 2. My my executive assistant came up and said, "We're going to cancel Board policy." Q. Okay. A. And, you know, I was, what's going on? Why would we cancel Board policy? And then it was shortly after that time Mr. Martinez called me down to his office. And I want to say that was probably closer to 3. And he had he had walked out of his office. So he has his office and then our office, and so I was sitting here in the couch area, and he walked out and he said, "The Board is trying to get me out of my contract. I need you to go down and talk to Jason Trevino," our interim school police Chief. So I went to go talk to Jason, and I came back from that, and I tried to get in to the office to the he has two doors in his office. Q. Okay. A. So I tried get in this one, and it was locked. And there were three trustees in the hallway, and they said, "Kristin, come here," and so I turned around, and it was President Clark, Trustee Ruggerio and Trustee McLaury. And they said, "Follow me." So I followed them and went down the hallway into the board room. Q. Okay. CAPITOL REPORTERS (775) 882-5322 Walked into the board room, and the other six trustees were in there, and I believe Randy Drake was in there, our chief legal counsel, and I want to say our chief communications officer, Eileen Payne. But that may have been the next phase of this. So I walked in, leaned against the wall, and they said, "You no longer report to Pedro. He's no longer your superintendent." Q. Okay. 'You think this was probably late in the afternoon, 3 o'clock?ish? A. Yes. Q. Okay. A. Yeah. Q. Who told you that you no longer report to Pedro? A. Barbara Clark. Q. Okay. And was that is that as you remember what she said to you? Is that as clear and almost exact A. Yes. "You no longer report to Pedro. He's no longer your superintendent." Q. Okay. Did she ever say that Superintendent Martinez was fired? A. No, she never used that word. Q. Okay. Did she ever say that Superintendent Martinez was being placed on administrative leave? A. No, she never said that. 882-5322 CAPITOL REPORTERS (775) Okay. Just simply that you no longer report to Pedro, that he's no longer the superintendent? A. Yeah. And I think and, you know, there's been so much that goes on. I mean, I know in their in their statement that they put out, they said "relieved of duties." And I do know that she so after that, then Tracy Davis and I were summoned into Mr. Martinez's office, and he had already left the building. Q. Okaywere summoned into his office by the Board. It was a phone call from the secretary to tell Tracy and me to come down into the office. So we walk in, sit down. So like there's two of us sitting here and the rest of the trustees, you know, were kind of sitting, standing. Eileen Payne was there, and legal counsel was down at the very end Q. Okay. A. in that room. And Barbara Clark again stated that "Pedro?s no longer your superintendent," and I think at that time, she said, "Relieved of his duties as" "immediately, and you two are being appointed as co?managers, Tracy over academics, Kristin over operations." It was at that point in time that Trustee Aiazzi, "Well, let's wait," and he said something like "If they want CAPITOL REPORTERS (775) 882-5322 10 don?t want to step up" or "Let?s give them some time," you know, to basically process what was happening. Q. Okay. In relation to you and Tracy A. Right. Q. accepting those extra duties? A. Right. Q. Okay. A And obviously, you know, we?re going to step up. We have work to do. Q. Sure. A. And so we said okay. We were basically dismissed, and then they had to you know, we just went back up. Then I got an e*mail all of us did on the leadership team. We got an e?mail that said something like: Be down in the board room at 4:30. Q. Okay. A. And then so all of leadership was in the meeting, and President Clark did the talking. The -- Trustee Rosenberg was here sitting at the table, and I think Trustee Mayer and McLaury were there. I don't remember Trustee Aiazzi or Trustee Ruggerio at that meeting with leadership, and they told leadership that Pedro was no longer our superintendent, that he had been relieved of his duties, and that reporting, the co-manager for a period of time was here and here. CAPITOL REPORTERS (775) 882-5322 11 Okay. So what was your impression of the information that you had received from.President Clark regarding the events that kind of took place? A. My impression? Q. Did you believe that that the decision that the Board and the trustees made, was that a permanent decision? Did you think that it was a temporary decision? A. No, we were all pretty much on the same page that this was a permanent decision. Q. Okay. A. There was no you know, I think the word they used just for our two positions: "In the short term." But it was pretty clear to all of us that it was final. Q. Okay. So it was President Clark or I should say: Was it President Clark that told you that you and Tracy Davis would be co?managers? A. Yes. Q. Okay. And were you told just verbally? Were you told in writing? Was there any sort of follow?up after that meeting? A. Well, they sent out a connect end to all the families. Q. Correct. A. They sent out an e-mail, so that was in writing. They sent out a media release, so that was in writing. CAPITOL REPORTERS (775) 882-5322 12 Okay. A. So that was Q. Okay. A. basically it. Q. Did President Clark give you any sort of instructions on what your future duties would be? Did she tell you or was that something that you guys A. Somebody had requested that Tracy and I outline what our responsibilities are, and then with were to meet with her on that let's see. This was Tuesday. I think on Wednesday. We had a meeting calendared with her, and she also wanted President Clark also wanted Trustee McLaury in that meeting. And then Tracy and I had discussed we wanted to wait and see what was going to happen because this was before the Ju1y 29th board meeting. Q. Okay. A. So we wanted to wait. I called up President Clark because this was during the time when we were trying to set the agenda for July 29th, and they weren?t quite sure what was going to be on that agenda. Q. Okay. A. So I talked to President Clark and I said, "Tracy and I would like to postpone this meeting," so we actually had CAPITOL REPORTERS (775) 882-5322 13 our meeting calendared for this Friday or this Monday, August 4th at 4 o'clock. And that was going to be with myself and Tracy and then Trustee McLaury and President Clark. Q. And obviously, with the recent events that Superintendent Martinez has come had started work back today, which August A. Right. then that meeting scheduled for the 4th A. I've taken it off my calendar. Okay. Did Pedro just backtracking a little bit, did Pedro, when he called you down the very first time and said that they were trying to get him out of his contract, did he ever was he ever specific about that: They just fired me, you know, I'm no longer employed, or did he say anything else other than A. Yeah. Well, the purpose of my visit down there, the school chief of police reports directly to the superintendent. Q. Okay. A. And that's by NRS. And they were from my understanding were asking our interim.chief of police to Iescort Pedro out. Q. Okay. A. And so my direction from Pedro was: Go down and tell Jason he is not to do that because I?m still CAPITOL REPORTERS (775) 882-5322 l4 superintendent and, you know, he can't he can't do that. That was during the time there was just a lot of like traffic in and out, you know. Q. I'm sure. A. Like with chief legal counsel coming in and staff coming in, and it was just it was craziness Q. Oh, I'm sure. A. down there, so Q. Okay. Did President Clark ever give you strict instructions to not speak with Pedro any longer? A. After that day? Q. Yeah, like after that meeting that she said: He's no longer, you know, superintendent. You don't report to him, did she ever tell you you're not to have any communication with Pedro? A. That was never told verbally to me. Q. Okay. A. No. Q. Have you spoken to Pedro about the decision that was made by the Board sinCe the July 22nd meeting? A. Yes. Q. Okay. And what did you guys share? A. Just basically it didn't make sense, and we didn't know what was happening. And Tracy and I felt that it put the District at tremendous risk, and we weren't really CAPITOL REPORTERS (775) 882-5322 15 quite sure what to do at that point in time. Q. Okay. A. And it was also because as typical, when there's a vacuum, people want to kind of jump in and say: Well, I had this meeting, and he agreed to this or he agreed to this. And so we wanted to make sure, you know: Did you agree to this before we're sitting here in these seats saying: Okay, yes. Press forward. Q. Right. A. So a lot of those conversations were clarification?type things. But some of it was around: I can't believe this is happening; you know, what's going to happen? We don't understand. You know, staff is upset, those types of things. Q. Okay. Did you know anything more than what's been shared prior to the July 22nd meeting about this anonymous complaint that came in regarding Pedro's CPA certificate, slash, license? A. No, I mean I think I know I did get the majority of my information from the newspaper articles and the news. Q. Okay. But you had never heard any rumblings throughout the office that there was A. No. Q. this anonymous complaint? CAPITOL REPORTERS 882-5322 (775) 16 Hum?um. Q. And do you have any idea since, have you heard as to its validity or anybody specific who might have who might have turned it in? A. Well, I know it went through our internal auditor because it was reported in the paper that way. But there was no you know, my office doesn?t deal with that, so Q. Okay. There was a comment made by Trustee Rosenberg that he mentioned in the media that: This goes much deeper -- the issues go much deeper than the CPA issue. Do you have any idea what he was referring to or what he was talking about? A. I didn't know what he was referring to. You know, and then I guess like the next day is when the next day or two days -- I think it was two days later when they were countersued or counter stay of action, whatever you want to call it, came out with their issues. Q. Okay. A. Which it was. Q. Okay. A. But, yeah, that was I had no idea what he was talking about. Q. Okay. Are you given a District cell phone for work purposes to conduct work, business? A. No, we get stipends. CAPITOL REPORTERS (775) 882-5322 17 Okay. A. We get stipends for it. Q. And how does that work? A. So we get you have a form that you can fill out depending on how many minutes you need a month. Q. Okay. A. You get a certain amount of Q. Like a reimbursement? A Yeah. Q. Okay. So then do you use your own personal cell phone for work purposes? A. Yes. Q. And then you get reimbursed for a percentage of that? A. It's a state it's a set amount every single month. So like 30 or 40 dollars for every single month. But you sign up. Your supervisor has to approve how much you get. Q. Okay. Okay. A. And it's based on like the number of minutes. Q. Got you. So did you and Superintendent Martinez have occasion to communicate by cell phone during work hours, after work hours? A. Oh, that's part of my job. Q. Okay. CAPITOL REPORTERS (775) 882-5322 l8 It's 24/7. Q. Okay. A. I have to be able to get a hold of Pedro. Q. So you've talked to him at all hours of the day, weekends A. Um?hum. Q. about work issues? A. (No audible response.) Q. Okay. And did you also have occasion to send text messages back and forth regarding work issues A. Umehum. Q. to Superintendent Martinez? A. Um?hum. Q. Okay. Do you know if the board members or I guess they're called trustees. Do you know if the trustees are given that same stipend for cell phones or do they use A. Theirs is a little bit different. They do, I believe ?4 and we do have a policy around it. And I apologize for not so they can have we will buy the District will buy them a phone if they want to do it that way, but then they also get the reimbursement too. O. Okay. A. So they have that as well. Q. Okay. So have you had any occasion to communicate with one of the trustees, you know, during work CAPITOL REPORTERS (775) 882-5322 19 hours or after work hours by cell phone A. Um?hum. Q. -- whether it be verbally or by text message? A. Yeah. Q. Okay. Do you happen to know I know this is kind of an odd question, but do you happen to know who your Internet service provider is? A. Who my Internet Q. For the District. A. For the District. Q. Yeah, for the Districtthose? One of the two? A. Yeah. Q. Okay. It's kind of an odd question. A. I mean, it's (inaudible). I don't know that. Q. No. A. is doing, I know, our way?in service. It could be Charter. Q. Okay. That?s all right. A. It's either one of those two. Q. That's fine. Are you aware of any documents that either prove or suggest when Superintendent Martinez was put on administrative leave with pay? Were there any sort of CAPITOL REPORTERS (775) 882?5322 20 documents that circulated throughout the office, e?mails, memos? A. No, just the statement that the Board came out with a couple days later. Q. Okay. A. That was all we had. Q. Okay. But in your meetings with President Clark, she never specifically said he was put on administrative leave with pay, she just said he was no longer a superintendent? A. Correct. Q. Okay. A. In those like the 22nd meetings, there was nothing about leave of absence with pay, administrative pay. That was never mentioned in there. The first time I found out about that was in the paper. Q. Okay. A. It was a couple days later. Q. Okay. Are you aware of any sort of documents, then, that prove or suggest that that he was terminated, that his contract was terminated besides what you read in the press or what President Clark told you, any sort of documents that A. I wouldn't be privy to those. Q. Okay. CAPITOL REPORTERS (775) 882?5322 21 There was an e?mail, I think, from our communications department that had gone around, and they had copied Tracy and me, and it was about a statement. So they were having they were having the trustees review the statement, how does this sound type thing. Q. Okay. A. So there's an e-mail that has, I think, myself, Tracy, Randy Drake and then all the trustees, communications, looking at a statement. And then they wanted the trustees' input. Q. On that statement? A. Yeah. Q. And was that statement what was going to be presented to the press A. I think so, yeah. Q. regarding the events that took place? A. Yep. Q. Okay. So and I know that you have answered this question more than once, but just to make sure that I'm clear that it was your impression I don't want to put words in your mouth. So correct me if I'm wrong, but it was your impression that the decision made by President Clark and the other trustees regarding Pedro Martinez's employment was that his that he was no longer employed. He no longer had a job at the District as superintendent. CAPITOL REPORTERS (775) 882-5322 22 That is correct. Q. Okay. A. That was my impression. Q. And that it was a permanent decision and that the decision was final? A. Yes. Q. Okay. A. Um-hum. Q. Okay. MS. DAVIES: I don't have any other questions for you. Do you have any questions that you have? MS. MCNEEL: No. This is just really bothering me I can't remember that second agenda item. MS. DAVIES: You can?t MS. MCNEEL: I'm the chief of staff, and you would think that maybe it's just because it has been such a crazy, hellish week. You know? MS. DAVIES: There's a whole lot of things going on in your world this week. MS. MCNEEL: But no, I don't have any other questions. MS. DAVIES: So at this time, I?ll go ahead and end your interview. The time is 3:49 p.m. It is August lst, 2014, CAPITOL REPORTERS (775) 882-5322 23 and I'm going to end the interview. (Proceedings concluded.) CAPITOL REPORTERS (775) 24 882-5322 STATE OF NEVADA, CARSON CITY. 55. I, Michel Loomis, do hereby certify: That on August 1, 2014, an interview was held in the within?entitled matter in the office of Attorney General. That said interview was recorded on JAVS, and said JAVS CD-ROM was delivered to me for transcription; That the foregoing transcript, consisting of pages 1 through 24, is a full, true and correct transcript of said recorded JAVS performed to the best of my ability. Dated at Carson City, Nevada, this 26th day of August, 2014. Michel Loomis, Transcriber CAPITOL REPORTERS (775) 882-5322 25 Exhibit ?10? Exhibit ?10? STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL RENO, NEVADA TRANSCRIPT OF ELECTRONICALLY-RECORDED INTERVIEW ESTELA GUTIERREZ AUGUST 27, 2014 RENO, NEVADA Transcribed and CAPITOL REPORTERS proofread by: BY: Michel Loomis 208 North Curry Street Carson City, Nevada 89703 (775) 882?5322 CAPITOL REPORTERS (775) 882-5322 A A A Office of the Attorney General: CAPITOL REPORTERS (775) 882?5322 Jennifer Davies, Deputy Chief Investigator 5420 Kietzke Lane Reno, NV 89511 jdavies@ag.nv.gov Arrascada and Arrascada, Ltd. By: John L. Arrascada, Esq. 145 Ryland Street Reno, NV 89501 2 RENO, NEVADA, MONDAY, AUGUST 27, 2014, 5:59 P.M. ~000? MS. DAVIES: Okay. Today is August 27th, 2014. The time is approximately 5:59 p.m. This interview is being conducted at the law offices of John Arrascada in Reno, Nevada. Present in this interview is myself, Jennifer Davies, Deputy Chief Investigator; Estela Gutierrez; and John Arrascada, the attorney for Estela. First of all, you realize that this is being tape recorded? MS. GUTIERREZ: Yes. MS. DAVIES: And I do have your to do so? MS. GUTIERREZ: Yes. MS. DAVIES: Okay. MR. ARRASCADA: Estela, real quick. Real important: Let Jennifer I know you're anticipating about this. MS. GUTIERREZ: Yes. MR. ARRASCADA: Let Jennifer finish her question. Then you can answer it. MS. GUTIERREZ: All right. MR. ARRASCADA: So that way, we have a good CAPITOL REPORTERS (775) 882?5322 recording. Okay? MS. GUTIERREZ: Okay. MS. DAVIES: And it's much easier for the transcriber then to go directly from person to person, and we don't over speak each other. MS. GUTIERREZ: Okay. MR. ARRASCADA: Could we go off real quick? MS. DAVIES: You bet. I'm going to stop this for just one second. (Short pause.) MR. ARRASCADA: This is John Arrascada. We went off tape so that we could have a discussion with Estela and Jennifer to make sure that Estela would -- we could have a good recording by having vocal answers, but also pauses with questions so that there's no talking over one another. BY MS. DAVIES: Q. Okay. So, Estela, I just want to kind of go over what happened on July 22nd. A. Umrhum. Q. If you can just tell me kind of in your own words what transpired on that day. A. Wellthe Bay Area to represent my president, President Sheehan. And on my way, I received a call at 20 till 3:00. Q. Okay. 882?5322 CAPITOL REPORTERS (775) 4 was from Barbara Clark from her cell to basically give me like FYI that this is what's going on as far as Pedro Martinez. And she was justifying the action that they had already took, and they told me clearly that it was fraud, that it's really bad. Q. Let me stop you really quick. A. Umrhum. Q. What was fraud? Did she say at that point? A. Yes. The CPA. The CPA. Q. Okay. A. So first of all, just my surroundings: I'm in a car. Comes in the speaker phone. I'm.trying to compete with the noise of the highway, so then there was a good portion of my of that phone call that I had to tell Barbara to you know, need to veer off. Can you hold off for just a second," because I needed to comprehend what she was telling me. Q. Okay. A. So when my husband was with me, Jesse Gutierrez, and he was the one that was driving. And so the incoming call comes in through the speaker. And so I tell my husband, "Veer off, veer off." I don't know the time, but it we veered off. And so at that point, then she resumes then to tell me or justifying an action that they had taken. CQPITOL REPORTERS (775) 882-5322 5 was trying to comprehend the reason or the action and what was really going on. And so apparently, she had just said "We just" you know, "We're in a legal meeting" or "We got out of the legal meeting." Excuse me. "We got out of the legal meeting," and that?s when she told me, "Oh, by the way, you are on speaker." And so she was on her phone, and she then notified me: "You?re on speaker. Everybody?s here." I could not hear the other people, but I do remember her just going over and over, apologize; I know I'm putting you in a bad position," you know, know it?s very unfair to you, but basically, this is pretty bad. We" "Us six have decided that Pedro Martinez has committed fraud." And so I was just kind of dumbfounded or trying to comprehend this. And so it was natural for me to just ask, "Well, what do you mean?" And I was trying as an educator, I was trying to get my mind on the CPA certification, which I'm going: Wait a minute. He has a certificate on his wall. And so she goes and she alluded to the fact that it was fraudulent, that the certificate was fraudulent. Then during that conversation, because there was a long conversation of the fraud part and "I'm sorry," then kind of like in the middle of the conversation, I hear the attorney because Q. And you're speaking of Randy Drake? CAPITOL REPORTERS (775) 882-5322 6 Yes, Randy Drake. And I notice I noticed just by his pause MR. ARRASCADA: I think we need to be cautious there because there is the attorney/client privilege between Mr. Drake and this Board of Trustees. And I don't know if that's been waived in any way, shape or form. Unless MS. DAVIES: I don't know. I can tell you that I haven't spoken with Mr. Drake. MR. ARRASCADA: Okay. MS. DAVIES: However, I have spoken with all of the trustees in reference to what took place during this meeting, and they have shared their knowledge. MR. ARRASCADA: Including what Mr. Drake said? MS. DAVIES: Yes. Yes. MR. ARRASCADA: Okay. MS. DAVIES: What I don't want is if there was any information that he shared to to a legal standpoint of giving any sort of legal advice, because that would definitely be -- MR. ARRASCADA: That gets into that's why I'm MS. DAVIES: Yeah, that gets into MS. Yeah. MS. DAVIES: -- a sticky situation. So if it was a conversation that was taking place; otherwise, I don't want CAPITOL REPORTERS (775) 882-5322 MS. GUTIERREZ: Umrhum. MS. DAVIES: get into any sort of MS. GUTIERREZ: My point was that the fact MR. ARRASCADA: Estela. MS. GUTIERREZ: Oh, I'm sorry. MS. DAVIES: That's okay. MS. GUTIERREZ: My point there was just that he was it seemed like he was surprised. BY MS. DAVIES: Q. Okay. A. Okay. Q. Surprised at the conversation with you? A. No, surprised that I was actually called by Barbara Clark. Q. Okay. A That was -- Your interpretation? A. my interpretation. Okay. A So Barbara then paused and continued to go into some NRS statute regarding CPA in the State of Nevada. Q. Okay. I remember A. I remember the word "misdemeanor." that it was illegal in the State of Nevada and that Pedro CAPITOL REPORTERS (775) 882?5322 8 Martinez had misrepresented himself all this time. So she was justifying for a good proportion of our conversation. At the end, I'll be honest. I was pissed. I reacted and I said, "What the hell. What the hell. This train has left the station. You all have made a decision, and so why am I here?" And there was a pause. She could not answer that. Q. Okay. A. And so basically, the big conversation was this whole thing about a fraud, fraud, fraud; State of Nevada misdemeanor; that, you know, "us six have made the decision" to basically fire him. Q. Okay. In -- in respect to that last statement, did Barbara Clark ever specifically say that the Board made the decision to fire him, to fire Pedro Martinez? A. She specifically said that "We're releasing him from his duties as of now. We don't want him to be here as of today." Q. Okay. A. "He will leave immediately." Q. Okay. So what was your your thought with with just that comment from from Barbara Clark? A. I was Q. What was your perception? A. My perception is like I said, that's when I CAPITOL REPORTERS (775) 882?5322 got pissed: You've all made the decision. And then what I was trying to grapple with was the fact was then she alluded to an investigation that apparently this is what I heard from her -- that she and the auditor conducted. So I was dumbfounded about that. And then that's when I started getting -- my my blood was boiling, and I was trying to be calm. And that's when basically, you know, I said, "So how" I didn't even know there was a personnel issue or that there was an investigation. Never. Prior to that call, I never knew there was an investigation, there was issues with Pedro Martinez, nothing about the CPA. I'm a trustee. Something that serious, I think I should have, you know, known or given a heads up. Q. Okay. MR. ARRASCADA: Jennifer, if I could. Estela, could you explain to Jennifer how you learned about what was going on with Pedro Martinez MS. GUTIERREZ: Umrhum. MR. ARRASCADA: in the car. MS. GUTIERREZ: You mean prior to the MR. ARRASCADA: Prior to Barbara's call MS. GUTIERREZ: Okay. MR. ARRASCADA: Barbara Clark's call. MS. GUTIERREZ: Prior to this is how I CAPITOL REPORTERS (775) 882-5322 10 learned, Jennifer, is that Pedro texts me. 2:30. He tells me, "Estela, they're going to fire me," blah, blah, blah, What? basically and I'm going: How can they do this? Right? My reaction: How can they do this? It was: "On what basis," basically. And he said, "Something about CPA and that I don't have the right certificates," so that was his message. That was at 2:30. At 2:36, 2:36, I text Barbara McLaury, "What the hell is going on?" At 2:39, that's when I get the call. MS. DAVIES: Okay. MR. ARRASCADA: From Barbara. MS. GUTIERREZ: From Barbara Clark. MS. DAVIES: Okay. BY MS. DAVIES: Q. So you weren't aware of any problems or any issues related to Pedro Martinez? A. No. Q. His CPA certificate A. No. Q. slash, license prior to the initial text from Pedro? A. No. Q. Okay. Did you text Pedro back? A. I text him back. I did text him. I go, "Can you talk?" And he goes, "No, I cannot talk." And so that's when CAPITOL REPORTERS (775) 882-5322 11 text Barbara McLaury, "What the hell is going on?" Q. And then three minutes later, Barbara Clark A. Yeah, then Barbara Clark calls me from her cell. Q. Okay. So at that point, at 2:39 when Barbara called Barbara Clark called, the Board had already had their legal meeting. They had already discussed done whatever they had done within that, and you had not been a part of that; correct? A. I did not deliberate. I didn?t I wasn't asked to vote. I was appalled with the fact that there was an investigation and that it was led by a board president and auditor. I was just like: Oh, my gosh. Q. So at no time did you have any discussion with any of the other board members prior to that phone call? A. No. Q. Okay. MR. ARRASCADA: Regarding Pedro and the CPA issue. MS. DAVIES: Regarding Pedro and the CPA issue. MS. GUTIERREZ: Exactly. And my when Barbara was talking to me, I was trying to comprehend the whole CRA first; and then second, to learn that there was an investigation. REPORTERS (775) 882?5322 12 DON MS. DAVIES: Q. And am.I correct in understanding that Barbara Clark had said that the six of them had decided that he that Pedro Martinez had committed fraud? A. Yes. Q. Okay. And that's pretty accurate? To your recollection, that's A. To my recollection. Q. what she said? A. Recollection. Q. Okay. What happened after? A When I hang up Yeah. A and was pissed? Q. Yeah. A I you know, for the first time in my life I never cry, but I have to tell you, I did. I broke down. My husband had to really control me. I was -- I felt blindsided. I felt impotente. I felt "Impotente" means that helpless. I wanted to find out more as far as because I still couldn't comprehend the CPA stuff. And being an educator, I the first thing, I thought: Wait a minute. There is different standards just like there is for nursing or what have you. CAPITOL REPORTERS (775) 882-5322 13 started going: Oh, my gosh. Who can I call? Who can I call, because thatcalled different people to learn more about the Illinois standards about CPA. So I wanted to learn more. I also I'll be honest. I couldn?t get a hold of Pedro right away because that was my natural instinct, to see what was going on. And then so as Jesse was controlling me, we kind of paused, and so we were delayed, you know, getting to my destination. And so he helped me, you know, kind of get back to earth and tried not to be as emotional so I could think, because I was I was like I couldn't believe it. It's like a novela, which means it's like a soap opera. Q. Sure. A. It was soap opera. And so that night, just because as a dean, you And so know, I'm.used to making sure that I write the facts. that night, I did send an e-mail to all the board members saying basically that I cannot believe that you did not include me or that I did not know anything prior to this legal meeting. And that basically, just for the record, you have already made you had already made the decision when you and I put that in writing and I sent them I sent called me, them that e?mail that night. CAPITOL REPORTERS (775) 882?5322 14 you still have a copy of that e?mail? A. Of course. Q. Okay. I'll make an additional one. MR. ARRASCADA: MS. DAVIES: Oh, perfect. Okay. Thank you. MS. GUTIERREZ: Yeah. MS. DAVIES: We're just going to take a pause we'll leave this on. MS. GUTIERREZ: Okay. MS. DAVIES: But we'll take a pause while John steps out. Thank you. MR. ARRASCADA: And this one will be produced pursuant to the subpoena once Mike Malloy and George (inaudible) MS. DAVIES: Sure. MR. ARRASCADA: have negotiated the scope a little bit. Right now, it's very broad. MS. DAVIES: Sure. Okay. So I just want to make mention we did pause while you stepped out. So we'll go ahead and resume. BY MS. DAVIES: Q. Did you after you sent this e-mail, which would have been July 23rd -- A. Umrhum. CAPITOL REPORTERS (775) 882?5322 15 did you were you able to contact and speak with Pedro or did you speak with any of the other board members specific to this issue regarding the the CPA issue and the decisions that were made? A. No, not to none of the group or none of the board members either responded to me on this e?mail or did they want to talk to me at all. Q. Okay. A. And I tried to reach out to the Board president just to basically we need to meet. I was mystified with the investigation still. That was really going in my mind, but she never contacted me after that. Nobody I would e?mail them" After my emotions kind of went down, I had to really think about what?s best in the best interests of the District. I had to kind of say: Estela, you got to get these emotions out because I was questioning: Why am.I -- because I'm.going to end my term in December, so I have six more board meetings. And one of the major reasons that I chose not to run is because of my position at the college, being the dean, and the fact that this new Board has tripled the amount of workshops. And they know they knew from you know, from since January 18th I cannot be part of this Board no And they knew that longer because I cannot commit this time. workshops, I would not attend, basically. Because workshops CAPITOL REPORTERS (775) 882-5322 16 are basically for Board development Q. Okay. A. and I would always, you know, follow through. Being one of the senior trustees, I would always follow through with Kristin or the staff if I missed anything or if there's something new. Q. Sure. A. Okay? So I did not nobody contacted me for a good I don't let's see. MR. ARRASCADA: You're referring to this meeting, there July 22nd was a development MS. GUTIERREZ: Development meeting. MR. ARRASCADA: meeting. MS. GUTIERREZ: Right. MS. DAVIES: Correct. MS. GUTIERREZ: It was more Board development. MR. ARRASCADA: Okay. MS. GUTIERREZ: It was BoardDocs, ethics and some other topics. It was all Board development. Left town, was into my stuff that I needed to present the next day and didn't even have a clue. So BY MS. DAVIES: Q. Okay. A. of all times, a Board workshop. Q. Okay. So let me I just want to make clear, CAPITOL REPORTERS 882-5322 (775) 17 did when Barbara Clark was speaking to you, did she ever specifically say that Pedro Martinez was fired? A. She to me, she said, "We?re letting him go. He will no longer be your superintendent, and he's been released of his duties. And us six feel very strongly about that." Q. Did she ever specifically say that the Board had made a decision to terminate his contract, those specific words? A. No. Q. Okay. A. Not to my knowledge. Q. Okay. But it was your understanding that the decision that the Board made -- let me ask you this: Was it your understanding that the decision that the Board had made to release Pedro Martinez, that it was a final decision or it was a temporary decision? A. It was a final decision. Q. Okay. Did they ever speak did Barbara Clark or any MR. ARRASCADA: I'm sorry. Estela, was that your impression? MS. GUTIERREZ: That was my impression. MS. DAVIES: Okay. MS. GUTIERREZ: Um?hum. CAPITOL REPORTERS (775) 882-5322 l8 MS. DAVIES: She never utilized other terms like "administrative" or anything like that or "temporary" or "We're going to put him on probation"? MS. GUTIERREZ: NO. BY MS. DAVIES: Q. Okay. It was your understanding it was a final decision? A. Yes. Q. Okay. Did Barbara Clark or any of the other members during your telephone call ever speak about finding a a replacement superintendent or interim superintendent or anything? A. No. Q. Okay. Was that ever discussed while you were on the phone? A. No. Q. Okay. So jumping forward -- ahead to the meeting that took place I believe it was on July would have been the day before Pedro came back to work. Let me just check my calendar really quick. A. Was this a board meeting? Q. No. This is would have been a meeting okay. Yeah. Okay. So it would have been July Blst. It would have been a meeting that took place at the law offices of Kent Robison. CAPITOL REPORTERS (775) 882-5322 19 Um?hum. Q. Were you present? A. I was not. Q. Okay. So do you have any idea what took place or what discussions A. No. Q. went on there? A. No. Q. Okay. A. I was that was the day that my one of my programs, Success First for first?generation students, it was their graduation. So I had indicated to Randy that I could not attend; if I had a conflict, would I be able to get a debrief by Kent or by him. So Randy did give me a debrief, and it was very general. It was nothing about details or substance. Q. Okay. Were you aware of MR. ARRASCADA: And that's not a waiver of any attorney/client privilege that the Board has with Kent Robison or Mike Malloy or Randy Drake or myself. And I wasn?t there. MS. DAVIES: Right. BY MS. DAVIES: Q. Were you aware of any sort of statement that Barbara Clark was going to make or that she did make regarding the actions that had been taken by the Board the previous CAPITOL REPORTERS (775) 882-5322 20 week? A. Q. description. I'm sorry. I didn't understand that. Maybe let me give you a little bit of a There was a statement that Barbara Clark put out. There's various statements. MR. ARRASCADA: A press release. BY MS. DAVIES: Q. It was a press release, and it was a specific statement that was that spoke specifically about the actions that had taken place on the 22nd were void, and they were asking Pedro Martinez to A. Q. A. Q. statement? A. Q. 39 10 Okay. come back to work. Are you aware of that statement that was made? Umrhum. Okay. Through the paper. Perfect. So how did you find out about that Through the paper. Did you know anything about that statement? No. Prior to, no. Okay. So that was the first time you Exactly. CAPITOL REPORTERS (775) 882-5322 21 Okay. A. In fact, many of her statements were through the paper. Q. Okay. Okay. This may sound kind of like an oddball question, but is there a white board that exists and I don't know if it's in Pedro's office, if it's outside of his office that would have said that somebody might have written something on saying that they were looking for an interim superintendent or any sort of information about that? A. I don't know. Q. Okay. I'm trying to think. Is there anything else that you can think of that took place during your telephone conversation with Barbara Clark in the car that you can think of that that you haven't said? A. The big conversation was the fraud, the fraud, the fraud, the CPA. "Unfortunately" "I'm.sorry, Estela. I'm so sorry. I put you in a bad" know this puts you in a bad position," and basically what I've just added. Q. Okay. And when you speak of the fraud, the fraud, the fraud, it's all A. CPA. Q. Okay. A. One issue. It was only one issue. There was CAPITOL REPORTERS (775) 882-5322 22 never any discussion about no other issue. The big focus was that CPA. And I'm trying to because we have individual meetings with Pedro, so all I could remember is the CPA certificate on his wall that he had since I've known him. And so I brought that up, and basically, they my interpretation was they're alluding that it was not for real. It was fraud, that he's committed fraud. Q. Okay. A. And the investigation and that the auditor, who now reports to the Board, was part of that investigation. Q. Okay A. And led by the president. Q. What is the auditor's name? A. Barbara is it Barbara? MR. ARRASCADA: That's a lot of Barbaras. MS. DAVIES: I was just thinking the same thing. MS. GUTIERREZ: I think it's Barbara. I mean, don't quote me. MR. ARRASCADA: If you can't recall, you can't recall. MS. GUTIERREZ: I can't recall. BY MS. DAVIES: Q. Okay. But it's a it's a female? A. It's a female. CAPITOL REPORTERS (775) 882?5322 23 Okay. Perfect. MS. DAVIES: I don?t have anything else at this time. As soon as I walk out the door, I'll probably think of something. But, John, do you have anything that you want to bring up? MR. ARRASCADA: Just to clarify. MS. DAVIES: Sure. BY MR. ARRASCADA: Q. Estela, everything you knew what was going on that day was it was a workshop A. Umrhum. is that correct? A. Absolutely. You've explained to Jennifer what workshops are with the District or with the Board of Trustees. At any time from when you received the text from Pedro to the cell phone conversation with Barbara Clark, were you invited or asked to deliberate or participate in any decisions? A. No. Q. And did you have any knowledge that there was a meeting or personnel decisions or a meeting where decisions were being made A. No. CAPITOL REPORTERS (775) 882?5322 24 regarding the school district or Pedro Martinez? A. No. And, while I'm a dean, one thing I here's the confusion with the community is since I've been on the Board, the mandatory meetings are the regular board meetings that take place. Workshops are not mandatory. Q. Okay. And in the e?mail that you provided, that you sent to the Board on July 22nd at 9:55, is that reflective of how A, one, you felt and the fact also that you had absolutely no knowledge that anything was gOing on, that decisions were already made before you had even spoken? A. Absolutely. I was I had no prior knowledge. didn't even know there was an issue, a personnel issue. We just 30 days prior to thatlittle bit over evaluation, I believe June 10th. 30 days, and it was tough. Not even my president or CEO goes through that type of evaluation. The evaluation wasn't great, it wasn't bad. It was like a plus A minus, plus. Never had they mentioned anything. Q. Okay. And just and I'm sorry. I don't mean to belabor anything. A. You're fine. Q. I guess I will. And I never even said that CAPITOL REPORTERS (775) 882-5322 25 don't mean to brag, I think someone's about to. Did you participate on that July 22nd, on the phone call, did you participate in taking any of the actions that were taken? A. Absolutely not. Q. Okay. Is it your opinion that you were told what occurred as opposed to being part of a deliberative participating process? A. I was told. Q. Okayjustifying the action that had already taken place Q. Okay. A. that the six had decided, and there was this urgency that he had to leave. Q. Okay. MS. DAVIES: And let me -- I'll just be specific. Although we do know who the six consist of, but can you tell me who the six individuals are. MS. GUTIERREZ: So that's Barbara Clark, Dave Aiazzi, Barbara McLaury, John Mayer John Mayer Lisa. MR. ARRASCADA: MS. GUTIERREZ: -- Lisa Ruggerio and Mr. Howard Rosenberg. CAPITOL REPORTERS (775) 882-5322 26 MS. DAVIES: Q. Okay. And those are the six that you speak of when throughout this interview of the six? A. Of the six. Q. Okay. A. Now, the only person I could hear was Barbara. She was the spokesperson. Q. Okay. So Barbara Clark was the only person who you could hear A. Umrhum. Q. and who was speaking A. Exactly. Q. to you in reference to what decision or deliberation had taken place? A. Um?hum. You were told what was done. MR. ARRASCADA: MS. GUTIERREZ: What was done. That's when I got pissed. MS. DAVIES: Okay. Okay. MS. GUTIERREZ: I was really pissed. MR. ARRASCADA: So noted. MS. DAVIES: Do you have anything else? MR. ARRASCADA: I do not. MS. DAVIES: Okay. I don't have anything at this time. So what I'll do CAPITOL REPORTERS (775) 882-5322 27 first give you the Estela, do you have any questions for me? MS. GUTIERREZ: I don't have any questions -- MS. DAVIES: Okay. MS. GUTIERREZ: at the moment. This is my MS. DAVIES: And that's fine. I just want to chance if you did. So I'll reach out to you. going to do is go ahead and end the MR. ARRASCADA: If she does, she'll call me and MS. GUTIERREZ: Yes. MS. DAVIES: Perfect. At this time, what I'm interview. It is August 27th, 2014, and the time is approximately 6:30 p.m. (Proceedings concluded.) CAPITOL REPORTERS (775) 882-5322 28 (STATE OF NEVADA, 1 ss. CARSON CITY. I, Michel Loomis, do hereby certify: That on August 27, 2014, an interview was held in the within-entitled matter in the office of John Arrascada. That said interview was recorded on JAVS, and said JAVS was delivered to me for transcription; That the foregoing transcript, consisting of pages 1 through 28, is a full, true and correct transcript of said recorded JAVS performed to the best of my ability. Dated at Carson City, Nevada, this 29th day of August, 2014. Michel Loomis, Transcriber CAPITOL REPORTERS (775) 882-5322 29