ELIZABETH LYNNE HUTCHINSON -- 3/8/2007

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Case 3:06-cv-00700-WHA-WC Document33 Filed 06/07/2007 Page 5 of8

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

ELIZABETH LYNNE
HUTCHINSON,
Plaintiff,

vs. CIVIL ACTION NO.
CV-06-00700-WHA

PHENIX CITY BOARD

OF EDUCATION,

LARRY E.

DICHIARA,

officially as

Superintendent of

Phenic City

Schools,

Defendants.

* * * * * *

DEPOSITION OF

ELIZABETH LYNNE HUTCHINSON,

taken pursuant to notice and
stipulation on behalf of the
Defendants, in the Law Offices of
Smith €& Smith, Phenix City, Alabama,
before Mishan Williamson, Certified
Shorthand Reporter and Notary Public
in and for the State of Alabama at
Large, on March 8, 2007, commencing at

approximately 9:00 a.m.

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ELIZABETH LYNNE HUTCHINSON -- 3/8/2007 88

Case 3:06-cv-00700-WHA-WC Document33 Filed 06/07/2007 Page 8 of 8

Like I said, Beverly would come out
and work at the table with us. She'd
help us prepare the food, get things
ready to serve the children. And
Paula and Brenda would mainly stay in
the office.
Did you say to Brenda Densel that
Betty treats me differently because
I'm white?

MR. DE GWECK: Object to the

form.

I can't recall.
What did you say, specifically, to
Brenda Densel then about Betty's
conduct?
I had spoke to Brenda about Betty's
comments, about all white people are
trailer trash.
Right.
And that how she just -- any little
thing, if I walked by her, then I'd
have to say excuse me or whatever.

I'd have to wait until she said it was

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FILE: GAAA
Case 3:06-cv-00700-WHA-WC Document33 Filed 06/07/2007 Page 4of8

EQUAL OPPORTUNITY EMPLOYMENT

The Board of Education declares that no person in the school district shall, on the basis of
age, race, color, creed, handicap, religion, national origin, sex, or similar personal distinction, be
excluded from participation in, be denied the benefits of, or be subject to discrimination in regard to
employment, retention, pfomotion, transfer, or dismissal in any educational program or activity
under the jurisdiction of the Board.

The Superintendent and/or his representative shall investigate all complaints which may be
brought against any individual school in the school district in regard to any alleged discriminatory

action for appropriate treatment by the Board.

Ref: U.S. Const. Amend. XIV, 1; 42 U.S. C. 20003-1 to 1-17; 20 U.S.C. 1681 et. seq; 29 U.S.C.
794; 29 U.S.C. 621 et. Seq.

Phenix City File: GAAA / Page 1 of 1

EXHIBIT D



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ELIZABETH LYNNE HUTCHINSON -- 3/8/2007

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Case 3:06-cv-00700-WHA-WC Document33 Filed 06/07/2007 Page 6of8

Betty likes to run her mouth, always
criticizing the white people; that all
white people are nothing but white
trailer trash.

Uh-huh.

And I presume that she had to be
talking about me because I was the
only white person sitting at the
table.

Now, that first year Judy Lloyd worked
there.

The first year Judy Lloyd was there.
If Betty was not picking on me, she
was picking on Judy.

Did Betty have control over your work

assignments?

MR. DE GWECK: Object to the
form.
Well, let me rephrase that. Did Betty

Cliatt assign your duties to you?
No, ma'am. But, now, she told me what
Io was to do and not to do.

And did you report that to anyone?

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The Phenix City Board of
Education is an Equal Opportunity
Agency. Discrimination on the
basis of race, sex, ethnic origin,
creed, or physical disability is
prohibited.

1212 NINTH AVENUE
POST OFFICE BOX 460
PHENIX CITY, ALABAMA 36867
(334) 298-0534

APPLICATION FOR CLASSIFIED SERVICES ]

In your handwriting, complete all blanks or indicate N / A, not applicable. Omit any question you find objectionable. This
application will be kept in our active file for one year from the date application is submitted and will receive continuous
consideration when vacancies are being filled, It will have consideration for a second year only if a letter is on file requesting
further consideration. (Please jet us know when you are no longer available).

This Application will not be
d until Education

PERSONAL INFORMATION
AS1-Al- asi V-3-93
Social Security Number Date Application Submitted

we

ras. . . .
Name te ‘ wre) CModelnisan 7

Firat jddte Last y Maiden
Permanent Address \ ‘ Any Awe. trem X my AL. ate)
Street City ] State Zip

Telephone 3 ole Ye AA\- ANTS _ Are you a US. Citizen? Yes

APPLICATION INFORMATION
Are you presently employed? Yes Sf No ,
Are you under contract? NC When will you be available? Bos tent. Expiration Date 7-2-0 ba

Name and address of present employer Kw ack yor ALGO
Qos .

vox An cu

j For afer |
How Long do you expect to reside in Phenix City? & 30 ) Columbus? Other?

Orn
Check Divisions For Which You Wish To Be Considered: more than one is checked, number them in order of preference.

Accounting - Finance . Secretarial

Instructional Aide Maintenance —- Building - Grounds
Clerical Bus Driver — Transportation
Custodial Student Trainee

J Food Service

Other - Please Specify

FOR BUS DRIVER (Transportation) APPLICANTS ONLY

DRIVING EXPERIENCE:
Do you have any restrictions on your driver's license? If so, what?
Has your license been suspended or revoked? If so, why?
When?

List citations received for moving violations in last five (5) years:

TYPE OF VIOLATION DATE
1.
2.
3.
4

Do you hold a valid driver's license? AL GA - Other EXHIB T A



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ELIZABETH LYNNE HUTCHINSON -- 3482007

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Case 3:06-cv-00700-WHA-WC Document 3 Filed 06/07/2007 Page 7 of8

Yes, ma'am.
And who did you report that to?
I spoke with both Brenda and Paula. I
made sure that I made a point that I
spoke to them every morning that I
went in to work.
You spoke to Brenda and Paula every
morning?
Yes, ma'am; both of them were in the
office.
Did you say that -- every morning that
Betty Cliatt was --
I would come in to clock --

MR. DE GWECK: Let her finish

her question.

What would you say to them every
morning when you came in?
All right. When I got to the school,
we had. to go sign in.
Uh-huh.
That way they knew that we were there
or not. I would make a comment

something like, Oh, I dread today;

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to, f
Case 3:06-cv-00700-W Ha\eGYMENOCONERKAeT Filed 06/07/2007 Page 2of8
PHENIX CITY BOARD OF EDUCATION

STATE OF ALABAMA
RUSSELL COUNTY:

This contract, entered into in triplicate, between the Phenix City Board of Education, hereinafter referred to as Employer, and
Elizabeth L. Hutchison, hereinafter referred to as Employee, for employment during the school term of 2002-03.

In consideration of the mutual covenants and stipulations set out herein, Employer and Employee agree that:

1. The term of employment will be for 182 days commencing July 30, 2003 and ending May 19, 2004. In the event of conflict,
said dates are to be governed by the school calendar, and any amendments thereto, approved by the Phenix City Board of Education.

2. The salary shall be based on the current salary schedule adopted by the Phenix City Board of Education and shall be paid in
13 monthly installments.

3. The annual salary shall be decreased on a pro rata basis for the number of days the Employee does not work during the
contract period because of employment subsequent to commencement of the school year; resignation; termination in compliance with
the laws of the State of Alabama; or employee's absences not covered by accumulated leave.

4, The employee agrees to accept the position of Child Nutrition Program Worker which is categorized as Classified.
Employee certifies that he/she possesses the education and skills required for said position and is legally qualified and properly certified
for said position. (Ifposition requires certification, the certificate of such certification must be on file in the office of the Superintendent
no later than the second pay period to entitle Employee to payment.) Employee further agrees to bound by and comply with the applicable
federal and state laws and the rules, regulations and policies of the Phenix City Board of Education.

5. The employee accepts the employment location of South Girard School and the Employer reserves the right to transfer
Employee at any time to any other location under the jurisdiction of Employer.

6. This contract becomes effective upon Employee's completion of all requirements for job classification; signatures of the parties
hereto; and approval of the Phenix City Board of Education. If Employee's employment is contingent upon the receipt by the Employer
of federal funds, the effectiveness of their contract is further contingent upon such receipt.

7. It is understood and agreed that Employee agrees to comply with all duties designated by the Principal of Employee's
employment location and the Superintendent. Employee shall faithfully and fully perform said duties according to the standards of
conduct and performance established for said position. Employee's failure to so perform will constitute a breach of this contract and cause
for dismissal, and employment will be terminated pursuant to the laws of the State of Alabama.

8. This contract is governed by the laws of the State of Alabama, and relevant state and federal laws in effect at execution and
for the duration of this contract are incorporated herein and made part hereof.

Os BOARD OF EDUCA7101
July 24, 2003 BY. (o—

Date Superintendent

S- \- 0D Why Sedd Ircoome Ve eae
Date ployee

EXHIBIT B



PHENIX € “Y BOARD OF EDUCATION
Case 3:06-cv-O0 RUG WASH RoOLDeoNMRACT3 Filed 06/07/2007 Page 3of8

FOR THE

SCHOLASTIC YEAR 2004 - 2005

TATE OF ALABAMA
USSELL COUNTY

HIS
FE
‘ERT

1TN

CONTRACT ENTERED INTO IN DUPLICATE BETWEEN THE PHENIX CITY BOARD
DUCATION, HEREINAFTER REFERRED TO AS EMPLOYER, AND ELIZABETH L HUTCHISON,
NAFTER REFERRED TO AS EMPLOYEE.

ESSETH:

THAT THE EMPLOYER HEREBY CONTRACTS WITH THE EMPLOYEE, AS CNP WORKER
IN AND FOR SAID CITY FOR A MINIMUM TERM OF 182 DAYS FOR THE SCHOLASTIC
YEAR 2004 - 2005 AT AN ANNUAL SALARY OF $11,075.00.

THAT THE EMPLOYEE CERTIFIES THAT SHE POSSESSES THE EDUCATION AND SKILLS
REQUIRED FOR SAID POSITION AND IS LEGALLY QUALIFIED AND PROPERLY CERTIFIED
FOR SAID POSITION. (IF POSITION REQUIRES CERTIFICATION, THE CERTIFICATE OF
SUCH CERTIFICATION MUST BE ON FILE IN THE OFFICE GF THE SUPERINTENDENT NO
LATER THAN THE SECOND PAY PERIOD TO ENTITLE EMPLOYEE TO PAYMENT.) EMPLOYEE
FURTHER AGREES TG BE BOUND BY AND COMPLY WITH THE APPLICABLE FEDERAL AND
STATE LAWS AND THE RULES; REGULATIONS AND POLICIES OF THE PHENIX CITY BOARD
GF EDUCATION.

THE ANNUAL SALARY SHALL BE DECREASED ON A PRO RATA BASIS FOR THE NUMBER OF
DAYS THE EMPLOYEE DOES NOT WORK DURING THE CONTRACT PERIOD BECAUSE OF
EMPLOYMENT SUBSEQUENT TO COMMENCEMENT OF THE SCHOOL YEAR; RESIGNATION:
TERMINATION IN COMPLIANCE WITH THE LAWS OF THE STATE OF ALABAMA: OR
EMPLOYEE'S ABSENCES NOT COVERED BY ACCUMULATED LEAVE.

THIS CONTRACT BECOMES EFFECTIVE UPON EMPLOYEE’S COMPLETING ALL
REQUIREMENTS FOR JOB CLASSIFICATION: SIGNATURES OF THE PARTIES HERETO? AND
THE APPROVAL OF THE PHENIX CITY BOARD OF EDUCATION. IF EMPLOYMENT OF
EMPLOYEE IS CONTINGENT UPON RECEIPT BY EMPLOYER OF FEDERAL FUNDS, THE
EFFECTIVENESS OF THIS CONTRACT IS FURTHER CONTINGENT UPON SUCH RECEIPT.

IT IS UNDERSTOOD AND AGREED THAT EMPLOYEE AGREES TO COMPLY WITH ALL DUTIES
DESIGNATED BY THE PRINCIPAL OF EMPLOYEE’S LOCATION AND THE SUPERINTENDENT.
EMPLOYEE SHALL FAITHFULLY AND FULLY PERFORM SAID DUTIES ACCORDING TO THE
STANDARDS OF CONDUCT AND PERFORMANCE ESTABLISHED FOR SAID POSITION.
EMPLOYEE’S FAILURE TO 80 PERFORM WILL CONSTITUTE A BREACH OF THIS CONTRACT
AND CAUSE FOR DISMISSAL, AND EMPLOYMENT WILL BE TERMINATED PURSUANT TO THE
LAWS OF THE STATE OF ALABAMA,

THIS CONTRACT IS GOVERNED BY THE LAWS OF THE STATE OF ALABAMA; AND RELEVANT
FEDERAL LAWS IN EFFECT AT EXECUTION AND FOR THE DURATION OF THIS
CONTRACT ARE INCORPORATED HEREIN AND MADE A PART HEREOF.

OVED le CTIOW OF T PHENIX CITY F EDUCATION

O ;

EXHIBIT C