EXHIBIT 6 

Case: 1:12-cv-04549 Document #: 23-7 Filed: 09/14/12 Page 1 of 3 PageID #:194
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN 

DISTRICT OF ILLINOIS EASTEM DIVISION 

JASON JANKUSKI, BROOKE ) 

McKINNEY and ALTON MORRIS, ) 

Individually, and on Behalf of All Others ) 

Similarly Situated, ) 

) 

Plaintiffs, ) 

) 

v. ) Case No. 1:12-cv-4549 

) (JURY TRIAL DEMANDED) 

HEATH CONSULTANTS, INC., ) 

GRAHAM MIDGLEY and GARY LAPE ) 

) 

Defendants. ) 

DECLARATION OF TYRELL PASSMORE 

THE STATE OF ILLINOIS § 

COUNTY OF COOK 

Pursuant to 28 U.S.C. § 1746, I, Tyrell Passmore, make the following declarations under 

the penalty of perjury: 

1. "My name is Tyrell Passmore. I am over the age of eighteen (18) years and fully capable 

of making this declaration. 

2. The facts stated in this declaration are within my personal knowledge and are true and 

correct. 

3. I am currently employed by Heath Consultants ("Heath") as a Field Technician 

performing Shutoff work on the People's Gas project in Chicago, Illinois. I have been 

employed by Heath since March of 2012. 

4. I have been instructed to record all of my work hours and to not perform any work at 

home off the clock. 

5. As a Shutoff Technician, I typically know my first assignment in the morning because I 

am either told by my crew leader the day before or the information is available on my 

laptop computer before the end of the preceding workday. 

6. On days that I do not know my first assignment prior to the start of the workday, I 

typically obtain this information from my laptop computer in the morning. 

Case: 1:12-cv-04549 Document #: 23-7 Filed: 09/14/12 Page 2 of 3 PageID #:195
7. On days when I know the location of my first assignment before my commute, Company 

rules require that I start work at my first assignment at 6:00 a.m. On days when I do not 

know my first assignment before the workday, it is permissible for me to turn on the 

computer and drive to my first assignment on the clock, which means that I would not be 

physically present at my first assignment by 6:00 a.m. 

8. I have been instructed by Heath to complete all paperwork during the workday while on 

the clock. I do not complete timesheets or any other documentation at home or outside 

work hours. 

9. I am not required to do a formal vehicle inspection each morning on my company 

vehicle, other than a common sense safety inspection that I would perform on any vehicle 

before I drive it. (i.e. tires are not flat, etc.). Any such inspection would not take more 

than a few seconds. 

10. The vast majority of equipment and tools that I use in performing my job may be left in 

the Company vehicle overnight and are not required to be brought into my home. The 

only possible exceptions would be the company issued laptop and valve shutoff keys, 

which, if stolen, could be used to turn on gas meters which have been shutoff. The keys 

can be stored in a pouch, box or bucket and can be easily brought into my home without 

any additional effort or an extra trip to the vehicle. Heath does not require that these 

items be brought into my home, but we have been told that we are responsible for 

safekeeping these items and to not leave them in our vehicle overnight if the vehicle is 

not in a secure location. 

11. On Monday mornings, all technicians attend a safety meeting where we are allowed to 

stock up on supplies. During the workweek, if we need additional supplies, we can ask 

for a crew leader or supervisor to bring those supplies to us in the field. I have never 

checked my inventory off the clock and there would be no reason to do so. 

12. At the end of the day, we typically call a supervisor to report our "numbers" or 

productivity for the day. This call is supposed to take place during work hours, before 

the end of the shift, and usually lasts less than one minute. If my supervisor does not 

answer, I can simply leave a voicemail with my numbers. 

13. Further Declarant sayeth not. 

I declare, under the penalty of perjury, that the foregoing Declaration is based on my 

personal knowledge and is true and correct to the best of my information and belief." 

Executed this e3 day of September, 2012. 

Tyrell Passmore 

2 

Case: 1:12-cv-04549 Document #: 23-7 Filed: 09/14/12 Page 3 of 3 PageID #:196