IN THE UNITED STATES DIS CT COuRT

FOR THE MIDDLE DISTRICY' ALABAMA

Ol\ITIE1DIVi

ANTHONY BERNARD MOORER )

c )

Plaintiff, )

)

vs. ) CASE NO:2:06-cv-000672-WK

)

CITY OF MONTGOMERY, et al., )

)

Defendants. )

PLAINTIFF'S RESPONSE IN OBJECTION TO

DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Comes now Plaintiff, and submits this response to the motion for summary

judgment submitted by the Defendants. Defendant's motion for summary should be

denied, and this cause should set for a jury

Attached in support of the Plaintiffs response are the following evidentiary

submissions, including Plaintiffs declaration in which the Plaintiff declares, that the

other documents are true representations of the originals.

Exhibit A: Declaration of Anthony B. Moorer. Exhibits are attached.

Summary judgment may be entered on a claim only if it is shown that there is no

genuine issue as to any material fact and that the moving party is entitled to judgment as

a matter of law. Rule 56 (c), Federal Rules of Civil Procedure. (F.R.Civ.P.). In ruling

on a motion for summary judgment, the court must view the evidence in a light most

favorable to the non-moving party, James herein, and the court must draw all reasonable

inferences against the moving party, Defendants herein. See Celotex Corp v. Catrett, 477

Case 2:06-cv-00672-WKW-WC Document 30 Filed 12/27/2007 Page 1 of 6
U.s. 317 (1986); see also Earley v. Champion International Corp., 907 F.2d 1077, 1080

(11th Cir. 1990).

The burden of proof is upon the moving party to establish its prima facie

entitlement to summary judgment by showing the absence of genuine issues and that it is

due to prevail as a matter of law. See Clark v. Coats & Clark, Inc., 929 F.2d 604 (1 1th

Cir. 1991). If, and only the moving party carries out that initial burden is the nonmoving party required to come forward with evidence supporting each essential element

of its claim. Celotex Corp. v. Catrett; Anderson v. Liberty Lobby, Inc., 477 U.S. 242

(1986); Barfleldv. Brieteon, 883 F.2d293 (llthCir. 1989).

In assessing and deciding a motion for summary judgment, the court's function is

to determine only whether there exist genuine and material issues of fact to be tried and

whether the moving party is entitled to judgment as a matter of law. See Dominick v.

Dixie National Life Insurance Co., 809 F.2d 1550 (11t11 Cir. 1987). The court is not

understand the conflict in the Defendant's position, one only has to take a cursory review

of the evidence in this case.

As stated, under the summary judgment standard above, the court must refrain

from deciding such factual issues. Long ago, in Warrior Tombigbee Tansp. Co. v. M/V

Nan Fung, 695 F.2d 11296, the Eleventh Circuit Court of Civil Appeals set this standard.

The Plaintiff has produced evidence, which demonstrates a prima facie case of retaliatory

conduct on behalf of the Defendants. The Defendant's argument for summary judgments

on these bases lacks merit, too.

2

Case 2:06-cv-00672-WKW-WC Document 30 Filed 12/27/2007 Page 2 of 6
Prima Facie Case of Discrimination

The Plaintiff has put forth sufficient evidence to state a prima facie case of

discrimination. In establishing a prima facie case of discrimination, Plaintiff is only

required to present some evidence to demonstrate that the decision of the Defendant was

based on the discriminatory criterion. See Int'l Brotherhood of Teamsters v. United

States, 432 U.S. 324, 358 (1977). Once the Plaintiff presents such evidence, a

presumption of illegal discrimination is presented. If this prima facie case is presented,

the Defendant is then required to produce a legitimate non-discriminatory reason for its

employment decision. Holfleld v. Reno, 115 F.3d 1555, 154 (1 lthl Cir. 1997).

The Defendants do not come forward with a valid non-discriminatory reason why

Plaintiff was treated differently. Rather, they argue that the Plaintiff was not treated

differently. They base their position on the affidavits submitted by them. The Plaintiff

submits that he was treated differently. Whether he was treated differently than similarly

situated white employees is a jury question that is not to be resolved at the summary stage

of the proceedings.

The Plaintiff has presented a prima facie case, the reasons advanced by the

Defendant to support its discriminatory practices are not the real reasons for the adverse

employment decision; therefore, they are pretextual. Plaintiff has presented evidence to

cast sufficient doubt as to the Defendant's proffered reasons to permit a reasonable fact

finder to conclude that Defendant's reasons were not the actual motivation in making its

decision in regard to James' terms and conditions of employment with Defendant.

Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 605 (1 1th Cir. 1994) [citation omittedj.

When the Court views the evidence submitted, it can readily discern the same.

Case 2:06-cv-00672-WKW-WC Document 30 Filed 12/27/2007 Page 3 of 6
This Honorable Court addressed the issue of collateral estoppel in Brewer

v. Dupree, et al., F.Supp.2d ____ (M.D.Ala.2003), 2003WL 23507795 (Feb.

12, 2003). This Court held hat collateral estopped ". . .applies if three prerequisites

are met: (1) the issues at stake must be identical to the ones alleged in the prior

litigation: (2) the issues must have been actually litigated in the prior litigation;

and (3) the determination of the issue in the prior litigation must have been a

critical and necessary part of the earlier action. j4 at 4. Brewer is instructive in

this instance. The issues in this cause are not identical to the ones alleged in the

prior litigation; the issues in this cause were not actually litigated in the prior

litigation. Therefore, collateral estoppel should not apply.

The Plaintiff alleges in his Complaint that defendant Harris discriminated against

him because of his race, black (African American). His claim of discrimination is

evaluated under the analysis set forth by the United States Supreme Court in McDonnell

Douglas Corp. v. Green, 411 U.S. 792 (1973). Under the framework of McDonnell

Douglas, to establish a prima facie case of discrimination, Plaintiff is required to show

that he is a member of a protected class, that he suffered some adverse employment

action, and some other evidence, which allows an inference of discrimination. See

Verizon South, Inc., 299 F.Supp.2d 1235, 1241 (M.D.AIa. 2003) (Thompson, Judge),

citing Texas Dep 't of Comm. Affairs v. Burdine, 450 U.S. 248 (1981).

Establishing a prima facie merely requires the plaintiff to establish "facts adequate

to permit an inference of discrimination." Holfleid v. Reno, 115 F.3d 1555, 1562 (1 1th

Cir. 1997). The law does not require that the standard to establish a prima facie be rigid

or inflexible. See e.g., Schoenfeld v. Babbitt, 168 F.3d 1257, 1268 (1 1th Cir. 1999)

4

Case 2:06-cv-00672-WKW-WC Document 30 Filed 12/27/2007 Page 4 of 6
(". . . disparate treatment can be established by any proof of actions taken by the employer

from which we infer discriminatory animus because experience has proved that in the

absence of any other explanation it is more likely than not that those action were

bottomed on impermissible consideration.") (citing Hill v. Metro. Atlanta Rapid Trans.

Authority, 848 F.2d 1522 (1 1th Cir. 1988) (internal punctuation omitted) [Emphasis

supplied].

Assuming that there is no direct evidence of employment discrimination, the

Plaintiff, nonetheless, has created a presumption of discriminatory intent by establishing

a prima facie case of discrimination. See McDonnell Douglas Corp v. Green; Chapman

v. Al Transp. 229 F.3d 1012, 1024 (11th Cir. 2000) (en banc). If the primafacie case of

discrimination is established, it raises a rebuttal presumption that the employer is liable

for the proscribed practice. Texas Dep't of Cmty. Affairs v. Burdine, 450 U.S. 248

(1981).

At this juncture, the Defendants must articulate some legitimate,

nondiscriminatory reason for terminating Plaintiff and not recalling him. McDonnell

Douglas, 411 at 802. The Plaintiff has shown pretext for discrimination by producing

evidence that similarly situated employees with Defendant, outside of the Plaintiffs

protected group, received more favorable treatment than Plaintiff. E.g. Avarado v.

Board of Trustees, 928 F.2d (4t11 Cir. 1991) (affirming the district court's finding that the

employer's articulated reason for not promoting the plaintiff was pretextual, where the

plaintiff had performed satisfactorily and had more experience and seniority than the

employee who was promoted). Unlike the Defendant's assertion in its memorandum, the

Plaintiff has produced evidence of a prima facie case of discrimination. Only if a

5

Case 2:06-cv-00672-WKW-WC Document 30 Filed 12/27/2007 Page 5 of 6
defendant articulates such a legitimate, non-discriminatory reason for the disparate

treatment will the plaintiff be required to come forward with evidence showing that the

articulated reason is pretextual.

Defendants have not come forth with a valid reason why they treated the Plaintiff

differently than summarily situated white employees. If, indeed, the articulated reason is

pretextual, summary judgment in favor of the Defendants is inappropriate. See Reeves

Sanderson Plumbing Prods., Inc. 530 U.S. 133, 148 (2000); Chapman, 229 F.3d at 1025,

n.h.

c

Anthony B. Moorer, pro se 8

7

Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that I have this 26' ay of December 2007, filed a copy of

this document with the Clerk of the Court, who will perfect service upon the following

using the CM/ECF SYSTEM.

Allison H. Highley, Esq.

Legal Department

City of Montgomery

Post Office Box 1111

Montgomery, Alabama 36101-1111

Address of Plaintiff:

4241 Green Meadow Drive

Montgomery, AL 36108

(334) 221-9415

L7 Cfr

ANTHONY B. MORE, pro se

Case 2:06-cv-00672-WKW-WC Document 30 Filed 12/27/2007 Page 6 of 6
IN THE UNITED STATES DISTRICT CbURT

FOR THE MIDDLE TCT OF ALABAMA

NORTHERN id -

ANTHONY BERNARD MOORER

Plaintiff,

CASE NO:2:06-cv-000672-WK

CITY OF MONTGOMERY, et al.,

Defendants. *

DECLARATION OF ANTHONY

Under penalty of perjury, I declare, swear, or affirm that the following statement

is true to the best of my knowledge, and I make this statement based on my personal

knowledge and observations. My name is ; I am a Black male, over the age of 19; and I

reside in Montgomery County, Alabama. I am the plaintiff in the case..

Additionally, I certify that any other documents submitted in conjunction with this

declaration and Plaintiff's response to the Defendant's motion for summary judgment are

true and exact copy, except for pencil or pen marks attached thereto, of the original and

that these documents and that the contents of these documents have not been tampered on

changed by me in any manner.

Exhibit 1. Part of the hearing in the Circuit Court of Montgomery

County Alabama.

Exhibit 2 Hearing before the Department of Industrial Relations

I am a former employee of the City of Montgomery. I was hired April 22, 2003.

Initially, I worked as service maintenance worker until January 7, 2004. At that time, I

was transferred to the painting crew. I was employed with the City of Montgomery until

1

Case 2:06-cv-00672-WKW-WC Document 30-2 Filed 12/27/2007 Page 1 of 3
April 19, 2006. My foreman was Mr. Bernard Harris, one of the defendants in this case.

He supervised me; I took orders from him. He assigned duties.

The most dangerous position on the crew is painting high up on the ladder.

During my time as a painter, I was the only person assigned to do high work on the latter.

After July 2004, and during 2005, and 2006, the foreman over the paint crew,

Bernard Harris, an African American, treated me differently than similarly situated white

crew members. I am a 47 year old African American (black) male. I was employed by

the City of Montgomery as a service maintenance worker. I was a painter. I was a merit

system employee. There was a five-member paint crew; two blacks and three whites. . I

was the only employee required to do "high work," painting on a ladder approximately

thirty feet. This work is extremely dangerous and considered to be less desirable. At no

time during my employment did the foreman require the white employee to climb the

ladder to do painting. However, whenever a bucket truck was used to paint high, the

foreman would assigned the bucket truck to the white employees.

On April 18, 2006, Thomas Provitt, the assistant director of the Maintenance

Department for the City of Montgomery, told me to get "my ass off the City Lot" and not

to come back. (See page 9, lines 5-23, Exhibit 1, and page 56, Exhibit 2, lines 1-23), He

never cursed white employees, and he never asked any of them to get their "ass" of the

lot. Mr. Proitt's action was against policy, but the City accepted his action. I was

terminated, was not given a hearing, no advised of any way I could contest my

termination.

On July 22, 2005, I was suspended by the City for 29 days without pay for

responding, while was on lunch break, to an inmate's inquiry as to how my mother was

doing? This inmate had known my mother for over 35 years, and at the time he asked

2

Case 2:06-cv-00672-WKW-WC Document 30-2 Filed 12/27/2007 Page 2 of 3
about her she was terminally ill. All I told the inmate was that she was very ill I was

charged with insubordination Decisions makers of the City acquiesced in the decision to

suspend me.

Several of the white crew members had been seen taking to inmates, but they

were not written up by Mr. Harris; they were not suspended. There is not policy which

states that an employee cannot speak to an inmate. Mr. Harris singled me out on the

basis of my race.

In the Defendants' brief in support of their motion for summary judgment, the

Defendant state at Paragraph 44 that I admit that another similarly situated black male

member of the paint crew did not have to do high work. The Defendants have

misinterpreted the facts. There was no other black male on the crew except the foreman:

Mr. Bernard Harris. There were only five people assigned to the painting crew: me, a

black male, three white males, and Mr. Bernard Harris, a black male. There was no other

black assigned to the crew.

Mr. Thomas was never my supervisor; though he lied and said that he was my

supervisor.

I declare under penalty of perjury that the above is true and correct.

Done this 23dlrdday of December, 2007.

/Li)1 th27u)

Anthony B. Mooref

3

Case 2:06-cv-00672-WKW-WC Document 30-2 Filed 12/27/2007 Page 3 of 3
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1

IN HE. FITEENTH JUDICIAL CIRCUIT

t tN AND FOR MONTGOMERY COUNTY

MONT19MERY, ALABAMA

p

ANTHONY B. MOORER,

4

:pLAINTIFF

vs. CIVIL ACTION

CASE NO. CV-06-3015

DIRECTOR OF THE DEPARTMENT

OF INDUSTRIAL RELATIONS,

DEFENDANT.

/

COURT REPORTER'S TRANSCRIPT OF PROCEEDINGS

JULY 16, 2007

MONTGOMERY COUNTY COURTHOUSE

COURTROOM 3-B

BEFORE: THE HONORABLE TRACY S. M 1COOEY

CIRCUIT JUDGE

APPEARANCES

ON BEHALF OF THE PLAINTIFF:

FRED BELL, ESQUIRE

MONTGOMERY, ALABAMA

ON BEHALF OF THE DEFENDANTS:

GLEN CHAFFIN, ESQUIRE

MONTGOMERY, ALABAMA

ALLISON HIGHLEY, ESQUIRE

PLAINTIFFS

fXHIBrr

Vicki H. Clark

Official Court Report

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 1 of 26
2

PROCEEDINGS

THE COURT: Okay. We've got our trial,

Anthony Moorer versus Director of the Department

of Industrial Relations, CV-06-30 5. Is everyone

here?

MR. BELL: Yes.

THE COURT: All right. Well, y'all can come

on up, and I'ni .

MR. CHAFFIN: Your Honor, I' -- I don't

'C know if it's reflected in the st le, but the City

i1 of Montgomery is a co-defendant ith the

Department of Industrial Relatio s.

THE COURT: Okay. Well, I igured. I knew

14 Allison wasn't here just to obsev.

Okay. Well, I am ready wenever y'all

are for my first witness.

1' MR. CHAFFIN: Judge, this i n unemployment

compensation case. The issue beore the Court --

there's a couple; that is, whethi Mr. Moorer

2b here quit or whether he was ter :rated for

2. misconduct or he's not disqualid at all.

2 THE COURT: Okay.

23 MR. CHAFFIN: Of course, tt's always an

24 option. So it will be up to yo fter hearing

5 the facts to determine if he quor if he was

Vicki H. Clark

Official Court Repo4r

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 2 of 26
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terminated as well.

THE COIJRT: Okay. I've gotu. All right.

I am ready whenever y'all are.

MR. BELL: It's on y'all.

MR. CHAFFIN: No.

MR. BELL: I don't know whaL itness they

have, but, Judge, I'd ask for t ule.

THE COURT: Okay. If I've o anyone in

here who is going to be testify, g in this case,

I need you to wait in the witne oom or out in

the hallway.

MR. BELL: The first witne I want to call

is Mr. Provitt.

THE COURT: Okay. Mr. Pro t, if you'd

like to come up, sir, and take stand. Thank

you

MR. PROVXTT,

a witness, after having first duly sworn to

speak the truth, the whole trut ,, and nothing but

the truth, took the stand and s ified as

follows:

DIRECT EXAMINAT

BY MR. BELL:

Q. Good afternoon, Mr. Prov±tt.

A. Yes, sir.

Vicki H. C1ar1]F I

Official Court Rep4 er

(334) 832_7734:

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 3 of 26
1!

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2

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

A.

Q.

A.

ent ing

case. Are

employed?

artment.

re?

ily your

ncrete work.

ntenance.

11 employed

know?

o know -- what

know

came to me, he

d I helped him

er on when they

ed Mr. Moorer.

supervi sor?

4

My name is Fred Bell, and I'm re

Mr. Moorer, Anthony Moorer, in t

you familiar with Mr. Moorer?

Yes, I am.

Can you tell me, sir, where you

City of Montgomery, Maintenance

How long have you been employed

Thirty-seven years.

And what is your title?

Assistant Director.

And would you please tell us gen

duties?

My duties is street maintenance,

I'm a street supervisor, Street

Has Mr. Moorer -- is Mr. Moorer

with the City of Montgomery, if

No.

What was the occasion do you ha

is the occasion that caused you

Mr. Moorer?

Mr. Moorer came -- at the time t

wanted to go to the paint crew,

got into the paint crew. Then

transferred him back to me, I ki

At one time you were Mr. Moorer

Vicki H. Clark

Official Court Repo

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 4 of 26
Q.

A.

1

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1

18

19

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ervisor, if

emember the

ervi sor?

t know the

was working on

ass detail?

ry crew.

etail?

months or how

dn't tell you.

do you

w Mr. Moorer at

artment?

department?

A.

2 Q.

A.

Q.

A.

Yes.

And when did you cease being his

you remember?

I don't remember the date.

But was it in 2007, 2006?

No, it was not in 2006. I do no

date.

Okay. So how long were you his

I really couldn't tell you. I d

year. I couldn't tell you.

At one time in the past Mr. Moor

the grass -- I guess you call it

Cemetery, yes, grass detail, cert

And how long did he work on that

I really -- I don't know how ia

many years he worked that. I c

Okay. The last time Mr. Moorr,

remember the last time that Y:011,

the -- down at the maintenance

Yes, I do. H

Do you know what year that was?

2007?

2007 or 2006?

Or 2006. H

And you saw him at the maintent:

Vicki H. Clark

Official Court Rep r

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 5 of 26
1: A.

2 Q.

3 A.

4

5: Q.

6 A.

7 Q.

8

1 O

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23

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

6

Right, uh-huh.

And on that date he was under yo

Right. They had just transferre

morning.

They had transferred him that mo

Yeah, to me.

And you placed him on the mainte

cemetery detail?

No. I placed him on the grass c

Okay. And what does the grass c

They cut ditches and they cut gi

Prior to that morning, he had be

another -- on another crew, I wç

that correct?

Yes.

And what crew? Do you know wha

He was in a paint crew.

He was on a paint crew?

Right.

And sometime after he left the

was placed under your supervi:si

Right.

And so what time does the --

grass crew leave the maintenan

It's supposed to leave a 1it1

Vicki H. Clar}

Official Court Rep

(334) 832-773

upervision?

m to me that

ce -- on the

at that time.

do?

on -- in

say crew; is

ew he was on?

nting crew, he

time does the

epartment?

t after 7:00.

r

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 6 of 26
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te, the last

round 7:00?

i know?

n with the

y left,

well, I won't

words between

giving him an

7

And so as far as you know on tha

time you saw, Mr. Moorer did lea

Yes.

How many people on that crew; do

It's five -- well, it should be

foreman, seven men with the fore

So everybody leaves out on this

Right.

And you had a foreman?

Right.

And who were your foreman?

Bill Stinson.

Mr. Bill Stinson?

IJh-huh.

All right. Now, sometime after

Mr. Moorer came back; am I corre

Yes. He came back to the lot.

Okay. Now, who brought him b&c

Bill Stinson.

In the truck?

Right.

And there was an altercation or

call it an altercation. There

you and Mr. Moorer?

I wouldn't say words. I just i

Vicki H. Clark,

Off icial Court Repc er

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 7 of 26
B

order telling him -- asking him sking him why

he was back down there and what he disobeyed a

direct order.

Q. Okay. Now, what direct order di he disobey?

A. I told him when they -- when he H ft with that

crew that morning, I told him he' ave no business

at the carpenter shop; if he pun in, he signs

out -- if you punch in, then youL lock out down

there at my office down at the ntenance shed.

1 Okay. So what time did he come H ck to your

1 office?

1 A He came back a little after -- little before

1 8:00 or a little after 8:00 w1e he got back.

1 Okay. And so instead of comiig own to your

1 shop, he stopped at the carpeht shop?

1 A. Yes.

1 Q. And were you angry with that?

A. No, sir, I was not angry aboit

9 Q. Okay. So at sometime you and Moorer -- you

0 told Mr. Moorer to leave the l is that

1 correct?

2 A. Yes. After he said what he -.- ter I -- I asked

3 Mr. Moorer -- he was on the ph . I asked him

4 -- I said, what you doing; hn the phone up and

5 come on back down here. He to' me he was not

Vicki H. Clar4FI

Official Court Rep4Jer

(334) 832-773jf

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 8 of 26
l going nowhere. He told me -- Mr. oorer told me

2 that he got better things to do. asked him

3 what do you mean by better thing to do. He said

4 he quit, and I told him to get the lot.

5 Now, when you told him to get of the lot, you

6 just didn't say get off the 1ot; ou used some

7, curse words to him, didn't you?

8 A. I said get your A off the lot.

9 Q. I understand. But can I -- can have him to say

10 what he said?

THE COURT: Sure. That's e. It doesn't

12 -- you can say a cuss word.

13 A. Okay. I told him to get his as ff the 1st.

14 Q. Did you say goddamn ass?

15 A. No.

16 Q. You said get his ass off the 1

17 A. Right.

1 8 Q. And what did you mean by that?

19 A. I meaned if he wasn't going to rk that he don't

20 need to be doing -- to get off e lot. He told

me he had quit. And I asked h to sign a

resignation, and he refused : to gn it.

Q. And so you told him to get his ss off the lot?

A. Yes, that's what I said.

Q. Okay. So you had fired him?

Vicki H. CIarJllii

Off icial Court epter

(334) 832-773Ji

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 9 of 26
-1 0.

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10

No. I cannot fire him.

So if you told him to get off thli ot, I mean,

what was the purpose?

He was not going to work, so whaH s the purpose

of him being on the lot?

Okay. So you meant for him to 1,, ye?

If he was not going to work. He old me he

wasn't going to work. He told he was going to

quit.

Okay. I understand that. But saying when

you told him to get off the lot, ou meant for

him to leave.

I meant for him to get off the

Okay. And he did leave?

Yes, he left.

Did you ever call him back?

I -- he could have came back th next day or came

back. No, I did not call him b k.

Okay. Do you understand my que ion?

I did not call him back.

Okay. Did you -- did you term, te -- did you

terminate him?

I cannot -- I do not have the er to terminate

him. H

So your answer is no? H

Vicki H. ClarkjI

Of ficial Court Reper

(334) 832-773611!iI

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 10 of 26
A.

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1

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1

1

17

18

19

0

1

2

3

4

5

A.

Q.

A.

Q.

A.

Q.

A.

A.

Q.

11

No, I did not terminate him.

Did you recommend termination?

No, I did not recommend terminat

Did you give him a hearing?

He did not show back up.

So your answer is --

No.

-- you didn't give him a hearinc

call the mayor's office?

No, I did not.

Did you ever tell your supervisc

happened?

Yes, I did.

Now, who is your supervisor?

Gail Gibson.

Gail Gibson?

Yes.

What did she tell you to do?

She didn't tell me -- she just 1

her what had happened, and that

didn't tell me nothing to do.

Okay. Now, do you remember te

hearing down before the appeal

Yes.

Were you ever going to give MrH

Vicki H. Clar

Official Court Rel er

(334) 832-773

Did you ever

about what had

ld me -- I told

as it. She

fying at the

ounsel?

oorer a hearing?

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 11 of 26
12

1 A. If Mr. Moorer would have came ba -- came back

2 to work, yes, we would've gave h a hearing.

3 Q Okay. So when did you expect hi o come back?

4 A I didn't -- I didn't know when t xpect him

5 because he -- when I told him to et off the lot,

6 he never did show back up.

7 If he hadn't gotten off the lot, hat were you

going to do?

9! A. I was going to have him escorted ff the lot.

1 0 MR. BELL: Okay. I have no urther

1 questions. Judge, can I reserve he right --

12' THE COURT: Yes, that's fi Any

questions, Mr. Chaffin?

1 MR. CHAFFIN: Just a few, r Honor.

1 THE COURT: Okay.

1 CROSS EXAMINATI

if BY MR. CHAFFIN:

Mr. Provitt, you've worked with he same

1 department for 37 years?

20 A. Yes, sir, I have.

21 Q. Let me ask you just a little bi about what you

22 said. I believe you said that . Moorer worked

3 for you initially; is that rig

4 A. Right, uh-huh.

S Q. Then he transferred?

Vicki H. ClarkJJJI)

Off icial Court ReplJer

(334) 832-77361

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 12 of 26
1 A.

2 II Q.

3 A.

4 Q.

5

6 A.

7 Q.

8;

10 A.

11

12 Q.

13 A.

1 Q.

1 A.

1

17

Q.

1 A.

2

2a Q.

A.

2 3

Q

13

To the paint crew.

And then he came back to you?

Right.

And that last period was -- he c back to you

for about an hour?

Well, for about an hour.

All right. And I heard you ment n maintenance

shed. What's the big deal about he maintenance

shed? H

Okay. We've got a bull room dow where we, you

know, are at, our office. It's ke --

You have a what? I'm sorry.

A bull room. It's --

A bull room?

Yes, uh-huh, where all the mens me and they

punch in; they sit down. It's aiting room

where you can sit.

And that's over by you?

Yes, sir. That's down at the rn ntenance shop,

at our shop.

Okay. And the carpenter shop i --

The carpenter shop is about - - d say about two

or three hundred feet from us, u know, about

three hundred feet from us.

Now, what, if anything, did yo iscuss with

Vicki H. ClarkjIII

Official Court Repfer

(334) 832-7736jl

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 13 of 26
1

2

3 A.

4

5

6

H

8

9

1 O, A.

1 1

12

i4

1 Q.

17

ib

1

2

1

2

3

4

A.

Q.

A.

Q.

A.

Q.

5

14

Mr. Moorer about the carpenter s when he was

hired?

Well, I told Mr. Moorer when he e back to me,

they transferred him back to me, hat he had no

right and no use of going up to e carpenter

shop; it's best that he just corn down here to

the maintenance, our shop, and p ch in and out.

Why did you make a point of that Why did you

make a point of telling him that

Making a point of that to let hi know that they

would -- he didn't have to go u here to that

carpenter shop for nothing; he j t sign in at

the place and then check in. thr h down there

through our department.

Okay. So his last day, you got me grass to cut

and you get the crew together ± luding

Mr. Moorer. You said he was -- is foreman was

Mr. Stinson?

Yes, Bill Stinson.

Okay. And they take off as far s you know?

Yes, uh-huh.

And everything was okay as far you know?

Everything was fine when I tol im that morning.

And then you heard from Mr. St on. What did

you hear from Mr. St±nson?

Vicki H. Clar4jj

Official Court Rep4jfer

(334) 832-7736If

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 14 of 26
15

1 A. Mr. Stinson called me on the rad and said this

2 man wanted to come back in and I id him to

3 bring him on back in.

4 Q. Did he say why he wanted to come ack in?

5 A. No, he did not say why he wanted o come back in.

6 Q. Okay. So what happens next?

7 A. Okay. When Bill -- when Bill go down to -- I

8 was waiting on him and Bill got ck --

9 Q. Bill is Mr. Stinson?

10 A. Yes. When Mr. Stinson got back the

11 maintenance department, I asked m where the man

12 was. He said he got him up at t carpenter

1 shop.

1 Q. Okay. What's wrong with that?

1 A. Because if he wasn't going to w , he's supposed

to came back to the maintenance op because I

17 told him and gave him an order at that's where

1 he punch in and everything at.

Yes, sir. Okay. So when he to you he was at

20 the carpenter shop, what did yo do?

A I go up there where he was. I nt up to the

carpenter shop to get him.

Q. And why did you do that?

A. Because I had gave him a direc rder not -- I'd

said not to go back up there.

Vicki H. ClarkIIIlJ

Official Court Repter

(334) 832-7736JI

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 15 of 26
16

1 Q. Okay. You go to the carpenter s and then

2 what?

3 A. Well, I go to the carpenter shop He's on the

4 phone. I asked him -- I told hi to hang the

5 phone up and come on back down t re. He told me

6 he's got better things to do. I sked him what

7 you mean by better things. He s ci I quit. I

S said, well, then if you quit, co on down here

and sign your resignation. He s d I'm not

1 q signing nothing, and that's wha hen I told him

to get his (sic) off the lot.

MR. CHAFFIN: Thank you, s . That's all I

have at this time.

i4 THE COURT: Anything furth ?

MR. BELL: Yes.

THE COURT: Okay.

17 MR. BELL: Yes, ma'am. I' sorry.

18 REDIRECT EXAMINAT N

19 BY MR. BELL:

2 0 Q. You were his supervisor?

2 A. No.

22 Q. At that time?

A. I was not his direct superviso I'm the

assistant director.

Okay. But you were above him?

Vicki H. Clar

Official Court Rel er

(334) 832-773

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 16 of 26
17

1 A. Right.

2 Q. You can write a grievance on him, an't you? Or

3 can you?

4 A. What do you mean by a grievance?

5 Q. Could you have written him up to any

6 subordination? In other words, he failed to

7 follow a direct order, could you 1 ave taken some

8 disciplinary action on him?

9 A. Yes, I could.

1 Q. Did you?

1 A. No, because he did not come bac own there to

1 the maintenance shop where i co write him up

1 or whatever.

1 Q. Have you ever written him up to I insubordination?

1 A. I haven't.

1 Q. Did you -- after that term, didI ou ever write

him up for anything?

1 8 A. No, I haven't.

19 Q. Okay. Do you know why he was minated?

20 A. Yeah, because he -- he disobey a -- he was not

terminated.

Q. He wasn't terminated?

3 A. He was terminated because of t 1 ee days, no

24 cause, no show.

25 He was terminated?

Vicki H. Clar1j

Official Court RepJter

(334) 832-773tjf

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 17 of 26
18

1 A With no cause and no show. I did ot terminate

2 him. Three days, no cause, no s . He did not

3 show back up.

4 Okay. Did y'all advise him of - id you give

5 him a hearing?

6 A. He did not show back up.

H Q. So the City didn't give him a he, ing?

8 A. He did not show back up.

9 Q. So did y 1 all advise him he had - he could have a

10 hearing?

11 A He did not show back up.

12 MR. BELL: Okay. No furthe questions.

1 THE COURT: Anything furth

1 RECROSS EXAMINAT

1 BY MR. CHAFFIN:

1 Q. You did say he quit, did you no

1 A. Yes, uh-huh.

1 Q. Thank you, sir.

1 A. He said he quit.

2 THE COURT: Anything furth .7

21 MR. BELL: Oh, no, ma'am.

22 THE COURT: All right. Do anyone need to

23 question Mr. Provitt again or c he be excused?

4 MR. BELL: Judge, I want t reserve him

5 because I think there may be s -- I'd like to

Vicki H. Clark

Official Court Repc er

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 18 of 26
19

1 reserve him.

2 THE COURT: You might need to call him.

3 Okay. Mr. Provitt, don't disappear on me.

4 THE WITNESS: Okay then.

5 THE COURT: Okay. Thank you.

6 MR. BELL: Judge, may I ask him not to

7 discuss his testimony here?

8 THE COURT: Yes. Mr. Provitt, don't talk to

9 them about your testimony; okay?

10 THE WITNESS: Okay.

11 THE COURT: Just talk about how hot it is

12 outside today. It's burning up out there.

13 Okay. Who is our next witness?

14 MR. BELL: Mr. Moorer.

15 THE COURT: Okay. Mr. Moorer.

16 ANTHONY B. MOORER,

17 a witness, after having first been duly sworn to

18 speak the truth, the whole truth, and nothing but

19 the truth, took the stand and testified as

20 follows:

21 DIRECT EXAMINATIOM

22 BY MR. BELL:

23 Q. Mr. Moorer, would you state your complete name

24 for the Court, please?

25 A. Anthony Bernard Moorer.

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 19 of 26
1

2

3

4

5

6

7

8

9

10

11

Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

12

13 A.

14

15

16

17

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22

23

24

25

A.

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A.

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20

Would you spell that, your last name?

M-O-O-R-E-R.

I say Moore, and you pronounce it Moorer?

But it's pronounced Moorer.

Okay. Now, where are you employed now?

Watts Homes.

Watts Homes?

Yes.

What's your job?

Painter.

And, basically, Watts Homes is a corporation here

in Montgomery?

Yes. It's just like Aronov. They build homes

and we go in and paint them.

You paint the house. All right. Now, prior to

that time -- well, how long have you been working

there?

Seven months.

Prior to that time, were you employed any place?

No.

I mean, prior to, before - -

Well, yes, the City of Montgomery.

And how long had you worked at the City of

Montgomery?

I was in my third year.

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 20 of 26
21

1

So when was the last time that you worked for the

2 City of Montgomery?

3 A. April the 18th of '05.

4 Q. Okay. '05?

5 A. '06.

6 Q. '06. And when were you hired there?

7 A. 2003, in April 2003.

8 Q. Were you a merit system employee?

9 A. Yes.

10 Q. Now, Mr. Moorer, let's go back to 2003. What was

11 your job?

12 A. I got hired in as a grass crew up in the

13 cemetery, and they called that a workmen's -- it

14 was something. I can't remember right now.

15 Q. Hard work?

16 A. Pretty much so.

17 Q. So, usually, do the new people usually work --

18 the beginning people get on that crew?

19 A. Yes.

20 Q. So how long did you work on that crew?

21 A. Six months.

22 Q. And so where were you transferred to?

23 A. A painter down in the maintenance department.

24 Q. A painter. And when you say painter -- and I

25 know what it means, but tell us what you would be

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 21 of 26
22

1 doing.

2 MR. BELL: And I won't be long, Judge.

3 Q. What did you do?

4 A. Well, we went around and cleaned up, you know,

5 painted the bathrooms and things in clubhouses.

6 Q. And this was for the City of Montgomery?

7 A. Yes.

8 Q. You had a supervisor?

9 A. Yes.

10 Q. Who was that supervisor?

11 A. Bernard Harris. He was my foreman.

12 Q. Did you ever have an occasion to file a lawsuit

13 against the City?

14 A. Yes.

15 Q. What kind of lawsuit did you file?

16 A. Discrimination.

17 Q. And when did you file a discrimination lawsuit?

18 A. April the 14th, '05.

19 Q. Okay. Now -- and, basically --

20 MR. BELL: And, Judge, I'm not -- I'm not

21 trying to try it. I'm just trying to --

22 THE COURT: You're fine.

23 MR. BELL: Okay.

24 c!i And so what were your allegations generally?

25 don't mean to get into specifics. What were you

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 22 of 26
23

1 alleging?

2 A. I was alleging that they was having me to do all

3 the hard work and the other guys to do the low

4 work.

5 When you say the other guys, who are you talking

6 about?

7 A. The white guys.

8 Q. So you were -- how many people are on that crew,

9 that painting crew?

10 A. Four.

11 Q. And you just -

12 A. Two blacks and two whites.

13 Q. And' one was a supervisor?

14 A. Yeah. He was my foreman.

15 Q. Okay. So when you said the high work,

16 what do you mean?

17 A. Climbing up the ladder about 20 to 30 feet up in

18 the air every day.

19 Q. And so you were the only one put on the higher - -

20 A. Yes.

21 Q. -- on the high work? The supervisor didn't do

22 high work?

23 A. No, no.

24 Q. And you - - and you complained about you were the

25 only one put on the high work?

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 23 of 26
1 A.

2 0.

3 A.

4

5

6

7 A.

8 Q.

9

10 A.

11 0.

12 A.

13

14

15 oI

16

17 A.

18 Q.

19

20 A.

21 0.

22

23 A.

24 Q.

25 A.

24

Yes.

And why were you complaining? Was it dangerous?

Yes, it was dangerous. And I had been doing the

high work for a whole year.

And you were the only one that would do the high

work?

Right.

But on occasion, they would bring in what's

called a bucket, wouldn't they?

Yeah, the bucket truck.

Tell the Judge what the bucket is.

The bucket is a truck with a bucket on the back

and it have a lift on it and it would be

operated, you know, by control buttons.

And so when you'd get a bucket, you would get in

the bucket to paint?

Well, I was only in the bucket --

No. I don't mean you personally. A person would

get in the bucket to paint high?

Yes.

Now, when they got the bucket, who was placed in

the bucket?

The white guys.

And were you ever placed in the bucket?

Yes, along with the white guy, but it was more

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 24 of 26
25

1

2 Q.

3 A.

4 Q.

5

6 A.

7 Q.

8 A.

9 Q.

10

11 A.

12

13 A.

14

15

16

17

18 A.

19 Q.

20 A.

21 Q.

22

23 A.

24

25

like he was operating it and I wasn't.

And you complained about that?

Yes.

And sometime later after you had complained, your

mom was ill; am I correct?

Yes.

And your mom has passed; is that correct?

Yes. She had cancer.

And after you had filed that complaint, you were

given a disciplinary; am I correct?

Right.

What were you given a disciplinary for?

Saying that I was insubordinate for not helping

wash the bucket truck by the wind blew the paint

on the truck.

Okay. On one occasion you were given 29 days

off; am I correct?

Yes.

And that was after you had filed your lawsuit?

Right.

And will you tell the judge why you were given 29

days off?

They give me 29 days off for speaking to an

inmate. And I told them that --

All right. Okay. For speaking to an inmate.

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 25 of 26
26

1

And what did the inmate say -- did you know that

2 inmate?

3 A. Yes. He was my next-door neighbor.

4 Q. This was your next-door neighbor. Your mama was

5 dying?

6 A. Right.

7 Q. What did the inmate ask you?

8 A. He asked me, said, man, how mama doing.

9 Q. And what did you say?

10 A. I said we put her back in the hospital last

11 night. She had blood clots on her arm.

12 And did you tell him that she was passing, more

13 than likely passing?

14 A. Yes.

15 Q. I know its kind of emotional. And were you

16 written up for that?

17 A. Yes.

18 Q. And what were -- how many days were you given

19 off?

20 A. 29 days off without pay.

21 Q. Without pay?

22 A. Yes.

23 Q. For speaking -- telling the inmate how your mama

24 was doing?

25 A. Right.

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-3 Filed 12/27/2007 Page 26 of 26
2'7

1

2

3

4

5 A.

6 Q.

7 A.

8

9

10

11

12

13

14 Q.

15 A.

16 Q.

17

18 A.

19 Q.

20 A.

21 Q.

22 A.

23

24

And later on, you got some more - - okay. Now, I

want to jump a little bit. Now, on April, you

say April the 18th, you were assigned to

Mr. Provitt; is that correct?

Yes.

All right. Now, what happened on April the 17th?

I went up front and talked with Kathy. She was

the time keeper. And I asked her, you know,

about her ex-husband, you know, at the time,

and she told me that him and her is not no

longer together and if I wanted to know

anything about him, got to go up and talk to

Ms. McCoo (phonetic)

And that was all that was said; right?

Yes.

Now, later on, were you approached by some people

from the City?

Yes.

And who were those people?

My foreman.

And what did he tell you?

That they wanted to see me down at the

maintenance.

And at that time did you go to the maintenance

25 office?

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-4 Filed 12/27/2007 Page 1 of 26
28

1 A.

2 Q.

3 A.

4

5

6

7 Q.

8 A.

9

10

11

12

13

14 A.

15 Q.

16

17 A.

18 Q.

19

20 A.

21

22 Q.

23 A.

24 Q.

25

Yes.

And what happened at that time?

When I went in, Doug Jones and my immediate

supervisor, Roger Johnson, Jr., and Jimmy Wise

was in there. And they told me to go sit in the

bull room.

Tell the judge where the bull room is.

The bull room is where they punch in at in the

morning time and that's where all the guys, you

know, gather in at -- to go on for the work

detail.

So you were taken off from painting and put in

the bull room?

Yes.

Were you told that you were going to be

reassigned?

No.

Okay. When were you told that you were going to

be reassigned?

The next morning when they told me to meet them

in their office.

So you met them in the office?

Yes.

And someone from the City told you that you were

going to be reassigned?

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-4 Filed 12/27/2007 Page 2 of 26
29

1 A Right, they was going to reassign me to

2 Mr. Provitt's crew.

3 Q. And why were they reassigning you?

4 A. They said I violated Code Section 6 and 7 by

5 going up front and talking to Kathy.

6 Q. Have you ever seen other people talk to Kathy?

7 A. Yes.

8 Q. Many people talk to Kathy?

9 A. Yes.

10 Q. Now, on -- when you came back in -- lets say on

11 the 18th - - you came -- what time did you come

12 in?

13 A. I got in about 6:45 that morning and I punched in

14 at ten minutes till.

15 Q. Did you think your reassignment was punishment?

16 A. Yes.

17 Q. Okay. So you went out on the crew, with the

18 crew?

19 A. Yes.

20 Q. To cut grass?

21 A. Right.

22 Q. Needed your job?

23 A. Yes.

24 Q. What happened when you got out there to start

25 cutting grass?

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-4 Filed 12/27/2007 Page 3 of 26
30

1 A.

2

3

4

5

6

7

8 Q.

9 A.

10 Q.

11 A.

12 Q.

13

14 A.

15 Q.

16

17 A.

18 Q.

19

20 A.

I asked Bill Stinson, the foreman, that they put

me on the truck, I asked him what time, you know,

we get a break. He said we don't have breaks on

this truck. Just stand up and get some water and

go back to work. And I said, well, what time is

lunch. He said we don't take lunch. And that's

when I asked to be brought back in.

And at that time you asked to be brought back in?

Yes.

Because you wanted to discuss --

I wanted to talk with Gail.

Did you think Mr. Stinson was being flippant? Do

you understand what I mean? Smart?

Yes.

Okay. So when he brought back -- and you told

him to come back in?

Yes.

Did you ever tell Mr. Stinson or anybody you were

quitting?

No.

21 Q. So when he brought you back to the maintenance

22 shop, what happened?

23 A. That's when I got out of the truck and went to

24 look for my time card, and it was gone.

25 Q. Okay. You looked for your time card?

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-4 Filed 12/27/2007 Page 4 of 26
31

1 A. Yes

2 Q. And your time card was usually kept where?

3 A. Up in the rack by the time clock on the left-hand

4 side.

5 So at that time - - at sometime, Mr. Provitt

6 approached you; is that correct?

7 A. Yes.

8 Q. And y'all had a conversation?

9 A. Right.

10 Q. What did he say?

11 A. He came out from around the building. He was

12 yelling, telling me to get off the phone. And I

13 told him -- you know, I didn't -- I got off the

14 phone. Then he asked me -- he said, Mr. Moorer,

15 go on down there and sign your resign paper. I

16 say I'm not signing --

17 Q. Resignation papers?

18 A. Yes.

19 Q. Okay.

20 A. I said Im not signing no papers. He said, what,

21 you quit? I said, no, I didn't quit. No. I

22 said, did you hear me say I quit? And that's

23 when he told me to get my -- can I say it?

24 THE COURT: Sure.

25 A. That's when he told me to get my goddamn ass off

Vicki H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-4 Filed 12/27/2007 Page 5 of 26
32

1

the lot. Then I stepped to him and told him,

2 said, well, curse me again. And he pointed out

3 the gate.

4 Q. So you left?

5 A. Yes.

6 Q. And when you left, I mean, why did you leave,

7 Mr. Moorer?

8 A. He told me to get off the lot and don't come

9 back.

10 Q. I mean, did you want your job?

11 A. Yes, I wanted my job.

12 Q. So when you left, what did you do?

13 A. Went to the Mayor t s office.

14 Q. And so you went to the Mayor's office. Did you

15 talk to somebody up there?

16 A. I went to -- yes, I talked to the secretary for

17 Mike Briddell.

18 Q. And so why did you go to the Mayor t s office?

19 A. To have them to see what they can do anything

20 about Provitt cussing me out.

21 Okay. So did. you have a chance to talk to

22 anybody at that time?

23 A. No. He wasn't in.

24 Q. So what did you do?

25 A. I left my cell number and he called me back.

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1 Q. And so did you go home?

2 A. Yes.

3 Q. So you didn't go back to the you didn't go

4 back to the work site?

5 A. No.

6 Q. At sometime did Mr. Briddell call you?

7 A. Yes. He called me after one o'clock.

8 Q. And did you tell him what had happened?

9 A. Right.

10 Q. Did Mr. Briddell ever tell you to go back to

11 work?

12 A. No.

13 Q. Did anybody ever tell you to go back to work?

14 A. No.

15 Q. Did anybody from the Mayor's office or -- call

16 you and say you need to go back to work?

17 No.

18 S Did anybody from the maintenance department call

19 you and say if you don't come back to work,

20 you're going to be abandoned; we're going to get

21 you for abandonment?

22 A. No.

23 Q. Did they ever tell you that you were terminated?

24 A. No.

25 Q. Did you ever hear from anybody after you talked

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1 to Mr. Briddell?

2 A. No.

3 Q. Were you ever advised that you could have a

4 hearing?

5 A. No.

6 Q. When did you learn that you had been terminated?

7 A. When we was at the employment service.

8 Q. Okay. Now, 1 1 m going to ask you again. Did you

9 intentionally quit?

10 A. No.

11 Q. And you only left after Mr. Provitt told you to

12 leave?

13 A. Right.

14 Q. Were you expecting somebody to call you back?

15 A. Yes.

16 Q. And nobody called you back?

17 A. No.

18 Q. Would you have taken the job had they called you

19 back?

20 A. Yes.

21 MR. BELL: I have no further questions.

22 THE COURT: Any questions?

23 MR. CHAFFIN: Yes, maam.

24 CROSS EXAMINATION

25 BY MR. CHAFFIN:

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1 I'm Glen Chatfin. I'm a lawyer with the

2 Department of Industrial Relations.

3 Let me ask you -- you mentioned

4 something; you were suspended for five days. Who

5 were you working with when that happened?

6 A. I was with the maintenance department, still

7 painting.

8 And I believe you said that was because you

9 refused to paint from a truck after you'd been

10 ordered to do so?

11 A Yes.

12 Q That was paint that dropped while painting was

13 going on?

14 A No. It was the day that that last went on, we

15 was out painting in the wind. And my foreman, I

16 was telling him that that aluminum paint, it

17 flies every time I pick up the roller. It takes

18 it away. And I was telling him that you look

19 over there between those cars there and you're

20 going to see some paint. And, sure enough, it

21 was on the -- paint was on their cars, and it got

22 -- and it spilled on the bucket.

23 Q. Did you take the suspension?

24 A. Well, on that right there, I did hope them wipe

25 the truck down. We did not wash the truck. All

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1

2

3

4 Q.

5 A.

6 Q.

7

8 A.

9 Q.

10

11 A.

12

13

14 A.

15 Q.

16 A.

17 Q.

18

19

20 A

21

22 Q.

23

24

25

we done is wiped it down and skidded water on it

and then took it back over there to the

electrician's department.

The job was done and you were suspended anyway?

Yes.

Now, I believe you had rights to appeal. Did you

appeal that?

Yes, I appealed that.

And you had the hearing. And the suspension, was

it upheld?

Yes.

Later on, you get almost a 30-day suspension.

What was that about?

I don't know nothing about no 30 days.

29 days.

That was about speaking to an inmate.

Now, when you say speaking to an inmate, is it

not true before that last occurrence happened you

had been told you are not to talk to inmates?

Yes. But it was -- like I was telling them, it's

not in the rule book, sir.

Were you told that the -- were you not told that

a supervisor of the jail there, the sheriff, said

I don't want them speaking to inmates, so tell

them not to do it?

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1 A. No one at the jail said that. What had

2 happened - -

3

I asked if you were told that by your

4 supervisor --

5 A. No.

6 0. -- as to why you should not speak to inmates?

7 A. No.

8 0. So, well, let me clarify it. Were you told

9 before that time not to speak to inmates?

10 A That was after the date that I come back in.

11 That morning when I came back in from work, you

12 know, staying at the hospital with my mother that

13 night, and that's when they said that Diane said

14 no talking to the inmates. And I told them I

15 didn't have no problem with that. So at the time

16 I'm on my lunch break standing up with the two

17 roller poles in my hand. And then they came in

18 off the little orange truck there. When he

19 stepped off, he asked me, said how mama doing.

20 By then, that's when my foreman was pulling up.

21 So he saw the guy standing there talking to me.

22 Then he ran up there and told them didn't I tell

23 you don't be talking to no inmate? And I told

24 him -- I said B. He just only asked me about my

25 mother, but he said, but I told you don't be

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1

2

3

4

5

6 A.

7

8

9 Q.

10

11 A.

12 Q.

13

14 A.

15

16 Q.

17

18 A.

19 Q.

20 A.

21 Q.

22

23

24 A.

25

talking to inmates. But he did it in a harsh

manner, and my mother was down, and that made

me

And I believe you had a right to appeal from that

suspension, did you not?

Rights of appeal? No. I had wrote the letter to

the Mayor. I wrote a letter of rebuttals to the

Mayor and let him know how I didn't like that.

You didn't request any kind of hearing before the

personnel board or anything like that?

No.

And the suspension was upheld even though you

wrote the letter, was it not?

Right, for the paint spilling on the truck by the

wind blew the paint on the truck.

Now, you originally were hired to work with the

cutting grass when you started; right?

That's when I first started, yes.

They switched you over to painting?

Right.

And then after that suspension, you -- when you

reported back, they put you back to your first

job; right?

Well, they only put me back -- like they told me

that morning when I came in, they was placing me

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1

back over there only because I went up front and

2 talked to Kathy. They say I violated Code

3 Section 6 and 7.

4 All right. I want to ask you about that. I

5 believe you were asking about breaks and lunch

6 and all of that. You had done that job before,

7 had you not?

8 A. No, not that job there.

9 Q. Well, you had cut grass before?

10 A. Yes, out on the road crew.

11 Q. And what did you do about breaks and lunch then?

12 A. What's that?

13 Q. What did you do about breaks and lunch when you

14 were first doing it?

15 A. Well, we took our break at the proper time and

16 the lunch at the proper time.

17 Q. And you thought it was necessary to confirm that

18 again? You thought it was necessary to make sure

19 when you returned to your old job you still had

20 that?

21 A. That wasn't my job, what I was doing there. That

22 was a punishment. My job when I first started

23 was working in the cemetery, not in the ditch.

24 Q. But you were cutting grass, were you not?

25 A. I was cutting grass at the cemetery and out on

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1 the road.

2 All right. So this last day, you were coming to

3 work. Do you -- do you remember Mr. Provitt

4 telling you your time card is here; it's not up

5 there at that shed, so it's going to be right

6 here; this is where you come to clock in and

7 clock out?

8 A. No, that ain't what he said.

9 Q. Do you remember him saying anything about telling

10 you not to go to the carpenter shop?

11 A. No. If they did, I wouldn't havewent.

12 Q. Well, that brings up the question you -- you get

13 your assignment with the truck and you go off to

14 do the job; right? That morning, that last

15 morning, you're on your job with Mr. Stinson and

16 the truck and y'all go off?

17 I A. Yes.

18 Q. But before you start anything, you say you wanted

19 to go back. What brought that back?

20 A. Because of what he said with no breaks and no

21 lunch, and that's when I said I wanted to talk

22 with Gail.

23 Q. Now, isn't it true -- did you not testify before

24 that you immediately got on the phone to your

25 lawyer?

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1 A.

2 Q.

3

4

5 A.

6

7

8

9 Q.

10 A.

11 Q.

12

13 A

14

15

16

17

18 Q.

19

20 A.

21

22

23

24

25 Q.

Yes, that's what I told him.

All right. You just said you wanted to come back

and talk to Gail Gibson, I believe the name is.

But, instead, you called your lawyer?

I was on the phone with -- trying to reach her to

let her know what was going on with me that

morning. But I never did get a chance. That's

when Mr. Provitt come out.

And that's when you would meet Mr. Provitt?

Yeah. That's when he come around yelling.

And tells you to come back to the maintenance

shed?

No, he didn't tell me to come back to the

maintenance shed. He told me to come down there

and sign my resign papers, and I told him I'm not

signing no resign papers. Then he asked me -- he

said, well, what you --

You heard him say you said you quit and you deny

it?

That's when he asked me would you quit, and I

told him, no, I didn't quit. And then that's

when he told me -- he said, well, get your

goddamn ass off the lot. And he pointed twice at

the gate.

Well, let me ask you this. You said that you

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1

appealed at least one suspension and you wrote

2 letters about the second and so forth. Why

3 didn't you do something about this one?

4 A. When I --

5 Q. Did you try to file an appeal?

6 A. On this one here?

7 Q. Yes, sir.

8 A. Well, on this one right here, the -- it's obvious

9 that I was terminated when he told me to leave,

10 so .

11 Well, sir, you had been there awhile. You had a

12 couple of appeals and so forth. Are you telling

13 me you were not aware that Mr. Provitt did not

14 have authority to fire you?

15 A. Mr. Provitt didn't -- don't have the authority to

16 fire me.

17 Q. And I'll ask that. Well, what makes you think

18 you were fired then?

19 A. Because he told me to get my ass off the lot and

20 don't come back.

21 Q. Well, you just said he didn't have authority to

22 fire you?

23 A. He don't, but that's what he told me to do, and I

24 followed orders.

25 Q. Well, why didn't you appeal that?

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A. Why didn't I appeal it?

2 Q. Yes, sir.

3 A. I just wanted to try to find me a lawyer because

4 of what had happened to me, and that's it.

5 [SI Have you always used a lawyer when you've filed

6 these grievances and so forth?

7 A. When I felt like I'm doing -- I've been done

8 treated wrong, yes.

9 You don't think you can handle it by yourself

10 then?

11 A. How can I? No.

12 Q. Well, what about your first one? Did you have a

13 lawyer?

14 A. Yes.

15 Q. Now, I believe you said after this was over --

16 well, tell me what happened. You leave the lot.

17 Then what did you do as far as contacting the

18 employer? You said that you talked to Mr.

19 Briddell?

20 A. Yes. He called me after one o'clock. He wasn't

21 in.

22 Yes. And he told you what again? I'm sorry.

23 Just very briefly, if you'll tell me what he told

24 you.

25 A The only thing he told me, you know, that when I

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1

Well, I don't want to be argumentative. But

2

didn't you take that to mean, well, if I'm back

3 in three days, I may not lose my job?

4 A. At the time when he told me that, I felt like I

5 was fired.

6 All right. Now, you'd had appeals before. You

7 know Mr. Briddell was higher than Mr. Provitt.

8 He told you to come back in three days, but you

9 don't do it because you feel like you're fired;

10 is that what you're --

11 A. I feel like if I went back, they would have me

12 arrested. So I didn't go.

13 Even though Mr. Provitt -- I mean, Mr. Briddell

14 suggested that you come back in three days?

15 A. He didn't tell me that.

16 MR. CHAFFIN: That's all I have at this

17 time. Thank you, sir.

18 THE COURT: Any more questions?

19 MR. BELL: I just want to clear up --

20 clarify something, Your Honor.

21 THE COURT: Okay.

22 REDIRECT EXAMINATION

23 BY MR. BELL:

24 Q. When you had talked with Gail Gibson, that wasn't

25 the same day that you had come back and called

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1 explained to him what had happened and he said,

2 well, Mr. Moorer - he said, what you going to do

3 about it? I said, I'm going to do what --

4 exactly what he told me. And he said, well, if

5 you're not back in three days, you've abandoned

6 your job.

7 Now, Mr. Briddell, exactly who is he in the

8 scheme of things? You've got your supervisor,

9 Mr. Provitt, and so forth. Where is Mr. Briddell

10 in that?

11 A. He's the Mayor's assistant.

12 Q. So he's well above Mr. Provitt; would it be fair

13 to say that?

14 A. Right.

15 Q. And he tells you if you come back, you've got to

16 come back in three days to protect your job?

17 A. No, he didn't tell me that.

18 Q. I'm sorry. I thought --

19 A. He didn't tell me that. He said, if I'm not back

20 in three days, I've abandoned my job.

21 Q. Well, didn't he tell you at that meeting to be

22 back in three days?

23 A. That didn't mean that he was going to call down

24 there and let them know nothing at maintenance.

25 I mean, he didn't tell me directly to go back.

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1 your lawyer, is it?

2 A No, sir. That was like two days before.

3 Q Okay. And so after you were allegedly

4 transferred for having talked with Ms. Gail

5 Gibson, you weren't given a disciplinary for

6 that, were you?

7 A. I was given a disciplinary. They was trying to

8 terminate me.

9 They gave you a disciplinary for talking to

10 Ms. Gail --

11 A. Not -- not -- Gail is the director over the

12 maintenance department. She's over Tom Provitt.

13 Okay. I mean, I guess he asked you a question

14 about you talked with Gail Gibson. Did you ever

15 talk with Gail Gibson?

16 A. No.

17 Q. Okay. Now, the person -- the lady you talked

18 with that got you in this trouble, who was she?

19 What was her name?

20 A. Ms. Kathy.

21 Q. Kathy. Okay. Now, Mr. Provitt was the assistant

22 director?

23 A. Right.

24 Q. You felt like he had the authority to tell you to

25 get off the premises?

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Official Court Reporter

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Case 2:06-cv-00672-WKW-WC Document 30-4 Filed 12/27/2007 Page 20 of 26
4 A.

5 Q.

6 A.

7 Q.

8

9

10 A.

11

12

13

14

15 Q.

16 A.

17 Q.

18 A.

19

20

21

22 Q.

23 A.

24 Q.

25 A.

47

1 A. No, but I left anyway.

2 Q. Okay. Now, Mr. Briddell never told you to go

3 back to work?

No.

Is that true?

Yes.

Once again, you never received any papers

charging you with abandonment or failure to

appear at your job, did you?

No.

MR. BELL: I have no further questions.

THE COURT: Anything further?

RECROSS EXAMINATION

BY MR. CHAFFIN:

Who is this Kathy you said got you in trouble?

Shes the time keeper.

And why did you have to talk with her?

Because at the time the other lawyer that I had,

she told me that I needed to get more evidence

about Tim, her ex-husband. They were letting him

come in late and not being write up about it.

And you got in trouble for talking to her?

Yes.

What was her response?

She told me that her and Tim is no longer

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1

together; if there's anything I wanted to know

2 about Tim, I have to go up front and ask

3 Ms. McCoo.

4 All right. And you said that got you in trouble.

5 How did that get you in trouble?

6 Beats me, because when I come back down there the

7 next morning, when they told me to go sit in the

8 bull room for the rest of the day, that's what

9 they told me, say I violated Code Section 6 and 7

10 from talking to her. And that's when they placed

11 me

12 Q. She complained about it or do you know?

13 A. She had to. That's when they placed me on the --

14 this crew.

15 Q. Thank you.

16 THE COURT: Okay. Anything further?

17 MR. BELL: I have no further questions. And

18 I would like -- we would rest, and I sure would

19 like to make a motion.

20 THE COURT: Okay. Sure. You can step down.

21 Thank you, Mr. Moorer. Okay. Go ahead, Mr.

22 Bell.

23 MR. BELL: Your Honor, I don't have to tell

24 them and I certainly don't have to tell the Court

25 that unemployment compensation is for the benefit

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1 of the employee.

2 THE COURT: Right.

3 MR. BELL: Now, what they're saying is that

4 Mr. Moorer, quote, abandoned his job.

S THE COURT: Right.

6 MR. BELL: Now, Mr. Provitt comes in and

7 says a whole lot of things that he did, but not

8 one time when at the unemployment level have

9 they ever said that he did anything but quit his

10 job. Now, he was ordered by a supervisor to

11 leave the premises.

12 THE COURT: Right.

13 MR. BELL: If he hadn't left, he would've

14 subject himself to disobeying an order. If he

15 had remained, he probably would have subjected

16 himself to being arrested. Now, he's not a

17 lawyer, and I'm not saying you have to be a

18 lawyer. But sometimes we expect lay persons to

19 just know all the rules.

20 Now, what he did was to go to the

21 Mayor's office.

22 THE COURT: Right.

23 MR. BELL: He sought help from the executive

24 assistant.

25 THE COURT: Right.

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1

MR. BELL: I'm not here to say what the

2 executive assistant should have done. I'm not

3 here to guess. But one thing the executive

4 assistant did not do -- and there's been

5 testimony -- did not call Mr. Provitt to let this

6 man come back; if he's done something wrong, give

7 him a hearing. He said, if you're away from your

8 job for three days, it's abandonment. But the

9 man was never charged with abandonment. So I

10 don't understand how it can be misconduct when he

11 followed an order. I can see if Mr. Provitt

12 would have called and said, listen, if you want

13 your job, come on back. Nobody called this man,

14 and I'll just say, Judge, that, initially, he was

15 granted his compensation. The appeals counsel --

16 the appeal counsel -- the appeals board overrode

17 (sic) with no evidence -- as a matter of fact, we

18 had two hearings.

19 THE COURT: Right.

20 MR. BELL: Then they came down -- I know

21 this is de novo. And. Judcxe. w nst v l-hi22 there has not been any allegation of abandonment

23 because if he would've abandoned his job, he was

24 supposed to be given a hearing before he was

25 terminated. So he didn't --

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1

THE COURT: What happened -- I was going to

2

ask you, Mr. Bell -- which maybe you can tell

3

me -- after he talked to Mr. Briddell and Mr.

4 Briddell said, hey, you know, you've got to come

5 back in three days, did he ever get a letter to

6 that effect or - - I mean, take me after there

7 what happened. What's the next thing your

8 client

9 MR. BELL: Nothing.

.10 THE COURT: -- ever got?

11 MR. BELL: Nothing. And, Judge, I wont

12 split words, but it's ironic that Mr. Briddell

13 never said you could go back to work; Mr.

14 Briddell gave him a scenario, if you were not.

15 Now, I guess maybe -- and I don't want to keep

16 using the word --

17 THE COURT: Right.

18 MR. BELL: Maybe one could argue that he was

19 saying if you don't go back. But it seems to me,

20 Judge, that somebody should have -- I mean, I

21 worked for the State for a long time.

22 THE COURT: Sure.

23 MR. BELL: And if somebody would've said,

24 listen, you have been away from your job for

25 three days and we're going to terminate you for

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1

abandonment and we've got to have a hearing --

2 nobody gave him a hearing. And that's what I'm

3 saying is that when I -- I understand that he

4 could have misconducted, but I'm saying if

5 misconduct is based on his failure to -- not on

6 his failure, but his obeying of an order. And,

7 Judge, I just think that's just cruel, and I just

8 think that's fundamentally unfair. And we're

9 resting.

10 THE COURT: Okay. Thank you, Mr. Bell.

11 All right. Guys and girls over here,

12 really, yes, what the Court needs to hear about

13 is give me some evidence about what we did after

14 Mr. Moorer left the grounds. What I'm really

15 interested in is the conversation he had with

16 Mr. Briddell and what follow-up was done with

17 that conversation; i.e., was a letter sent to

18 him; hey, per our conversation, if you're not

19 back in three days, it's job abandonment; or, you

20 know, per our conversation, I've checked, and

21 you're being fired.

22 MR. CHAFFIN: Yes, ma 'am.

23 THE COURT: Yes. Give me some follow-up --

24 MR. CHAFFIN: I'll get Mr. Briddell to the

25 stand.

Vickj H. Clark

Official Court Reporter

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-4 Filed 12/27/2007 Page 26 of 26
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

a hearing --

at's what I'm

and that he

aying if

to -- not on

order. And,

uel, and I just

And we're

Mr. Bell.

s over here,

to hear about

t we did after

I'm really

he had with

s done with

ter sent to

you're not

onment; or, you

hecked, and

e follow-up --

iddell to the

1 52

abandonment and we've got to

nobody gave him a hearing. A c

saying is that when I -- I un

could have misconducted, but 1

misconduct is based on his fal

his failure, but his obeying

Judge, I just think that's ju t

think that's fundamentally un

resting. H

THE COURT: Okay. Thank H'

All right. Guys and

really, yes, what the Court n

is give me some evidence abou

Mr. Moorer left the grounds. H

interested in is the conversa

Mr. Briddell and what followthat conversation; i.e., was

him; hey, per our conversatio ,

back in three days, it's job

know, per our conversation, I

you're being fired.

MR. CHAFFIN: Yes, ma'am.H

THE COURT: Yes. Give rn

MR. CHAFFIN: I'll get MH,

stand.

Vicki H. Cia

Official Court R

(334) 832-77

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A

t out if you

ing if you

I'm saying.

derst and.

iddell.

what I mean. I

he quit or not.

nt to hear

ed after that.

duly sworn to

and nothing but

ified as

you do for a

am the

Bright.

pecially with

53

1 THE COURT: -- on that

MR. CHAFFIN: But I wil

quit work, you're not given

quit.

THE COURT: No. That's

But I --

MR. CHAFFIN: Yes, ma'am

THE COURT: I don't --

MR. CHAFFIN: I'll get M

THE COURT: Yes. And th

think it's -- it's cloudy whe

Do you know what I mean? But

about Mr. Briddell and what h

MICHAEL BRIDD

a witness, after having first

speak the truth, the whole tr

the truth, took the stand and

follows:

DIRECT EXAMINA

BY MR. CHAFFIN:

Would you state your name and

living, please?

My name is Michael Briddell,

executive assistant to Mayor

Very briefly, Mr. Briddell, a

Vicki H. Clam

Official Court Reb

(334) 832_7731i

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A.

A.

Q.

A.

Q.

A.

A.

would your

d in his or her

to the mayor, I

then make a

tion, do you

yor's office in

t?

ment that he

he was

re was some

call to say,

n I'm supposed

rd of that?

nducted a

r requested

that he be

54

respect to personnel matters, 

L

duties involve? H

If an employee has been disci

department and wants to appea

will preside over the hearing

recommendation to the mayor.

All right. By virtue of your

know Mr. Moorer here?

Yes, indeed.

And how do you know him?

Mr. Moorer had an appeal to t

2005.

Do you remember what that was

He had failed to notify the d

was going to be late for work,

returning from Birmingham, an

issues of failing to make a p

hey, I'm not going to be ther

to.

So what did you do when you g

Did you set up a hearing or y

hearing?

Conducted a hearing that Mr.

after the departmental ruling

suspended for five days.

Vicki H. Cla

Official Court R

(334) 832-77

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A.

Q.

A.

['I

A.

Q.

A.

Q.

A.

A.

Q.

A.

result of that

h Mr. Moorer?

o say that he'd

itercation and

that day or

at day.

day he worked

ked

case.

had had some

asn't going to

g punished,

w?

oper way to

t to come back

e straight

55

All right. And what happened

hearing? H

The departmental ruling was a

And what was your next contac

Mr. Moorer called me one morn

had some sort of disagreement c

that he wasn't going to go to

wasn't going to go back to wo

Let me -- this was about the

with -- do you remember?

Pardon me?

This was about the last day h

approximately that time?

I later found out, yes, that'

And he called you and told yo

He told me that he and Mr. Pr 

H

sort of disagreement and that

work that day.

Did he mention anything about

working with the grass cuttin,

No.

What did you tell him?

I said I don't know what is t

handle this dispute, but you'

to work. If you stay out for

Vicki H. Clai

Official Court Re

(334) 832-77:

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A

Q

A.

q

A.

Q.

A.

Q.

A.

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1

56

days, you could be found to

job, and then you'd be gone

What, if anything, did you

Provitt's authority to fire hr

Pardon me?

Did you say anything about MrJ

authority to terminate him?

No, I don't think that that w

came up.

After that, did you hear anyt

Mr. Moorer?

I did not. H

In your capacity as, I guess,H

what happened then? And by t

send him a letter saying that

anything of that sort?

No, I did not.

And why not?

I just assumed that -- I thin

Friday. I assumed that he wa

back to work that Friday or s,

Monday or show up at work on H:

enough other things going on

up with -- with that particul

All right. Now, let's assum Hr

bandoned your

od.

ut Mr.

itt's

mething that

else from

aring officer,

I mean, did you

quit or

ot called on a

her going to go

p at work on

ay. And I had

I did not check

se.

Lid not show up.

Vicki H. Cia

Official Court R

(334) 832-77

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A.

A.

Q.

A.

A.

Q.

A.

Q.

A.

rally would the

nerated that

om his or her

that they

up for three

would be sent

ts to pay and

get what's

that they've

I'm marking

ed in the

S to

alaries, any

atus.

ned effective

57

And what paperwork or what pr

City do about that? H

There would be some paper for

said this employee has resign

post with the City due to the

abandoned their job by not sh

shifts.

Now, what in a situation like

to Mr. Moorer, if anything?

I don't know.

Okay. What about other arran

that sort of thing?

I'm sure that every employee

coming to him or her for the

actually worked.

I'll show you this document w

13-1. Can you tell me what th

This is a Form 10, and it - -

All right. What's a Form 10?

A Form 10 is a form that's ge

City's paperwork system that

disciplinary actions, changes

type of change in an employee

And what does that one relate

This one says Anthony Moorer

Vicki H. C1a14Th

Off icial Court Rej r

(334) 832-77

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Q.

A.

Q.

A.

A.

Q.

A.

Q.

A.

rtment head for

the mayor's

igned off on

nt that you

out?

ortion of the

rwork requires.

incident

he 18th, Judge.

ion.)

And then

effective April

I

I 58

the 21st of April. H

And who prepares that documen

That would be prepared by the

that employee, I believe.

And in that case who signed i 9

Gail Gibson would have sent i H

office, and the mayor would h

H

And it is a regular business c

use?

Yes, indeed.

And it's used routinely? H

Yes, indeed.

And you would know how to f ii H

I'd know how to handle the --

chain of the process that the

THE COURT: What date di H

happen again with Mr. Provitt H

MR. CHAFFIN: It was theH

MR. BELL: Actually, it

(Off-the-Record di

THE COURT: Okay. April

that letter says that he resiH

21st?

THE WITNESS: Yes.

Vicki H. Cia

Official Court R

(334) 832-77

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59

THE COURT: Okay. Mr. BH

you this. After -- okay. ThH,;

leaves a message for you to

You call him. And why did he

came by. What did he tell yoH

THE WITNESS: I think he

Mr. Provitt might have used p

something, told him to do som

Mr. Moorer decided that he di

and was going to leave.

THE COURT: Okay. Did h

the phone I quit?

THE WITNESS: He told me

was not going back to work th

THE COURT: Okay. That

upset, I assume he told you?

THE WITNESS: Yes, indee

THE COURT: Okay. And y,

don't know exactly what happe,

you, Mr. Moorer, if you don't

three days, it's going to be

THE WITNESS: Yes.

THE COURT: Now, what's

that point? Do we send a fol

Mr. Moorer, I mean, a departm

11, let me ask

y comes by,

im or whatever.

he was -- or he

that

ity or

g and

want to do it

r tell you on

he left and

y.

That he was

lid him, hey, I

but I'll tell

ack to work in

bandonment?

ity's policy at

p letter to

ead or somebody

Vicki H. Cla

Official Court R r

(334) 832-77

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60

that says, dear Mr. Moorer, y

so date, there was this incid

you do not come back to work

is job abandonment, and we wi

have quit? Do we follow up?

THE WITNESS: Your Honor

notice might take place, but

the mayor's office. It's als

every errfployee knows that tha

employment rules in the City.

of your shifts, you've effect

THE COURT: Okay. Is th

handbook?

THE WITNESS: Again, I a

know.

THE COURT: Okay. Did y'

department head after your co:

and say, hey, I talked to Mr.

understand there was some Inc

you what I told him? Did you

THE WITNESS: Our city d

divided up between myself and

executive assistant, and the

department is actually under

don't know whether I called M

ow, on so and

you left. If

ree days, that

sume that you

t written

not done in

sible that

art of the

you miss three

resigned.

the employee

ize. I don't

11 the

ation with him

er; I

; let me tell

to anybody --

ments are

City's other

enanc e

upervision. I

bson or whether

Vicki H. Cla

Official Court R

(334) 832-77

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re was an

is is how I'm

your

glib, but, I

on't know if

ot?

I know is what

's got the

Does it have

ss three days?

onor.

id Mr. Moorer

sorry. I

horized or

period of

ed by the

61

I just told my colleague, hey

incident involving rnaintenanc H

wiping my hands clear because H

responsibility.

THE COURT: Okay.

THE WITNESS: And that s

mean, there's just too much -

THE COURT: So, I mean,

anything was ever sent to him H

THE WITNESS: I do not.

I told him on the phone.

THE COURT: I've got youL

employee handbook? H

MR. CHAFFIN: We do. H

THE COURT: What does it

something in there about if y H

MS. HIGHLEY: It does, Y

THE COURT: Let me see ± H

get one of these?

MR. CHAFFIN: Yes, ma'am.

THE COURT: Okay. Okay.

didn't mean to interrupt you.

But, again, it says

unreported absence from work

three days or more may be conH

Vicki H. Cia

Official Court R r

(334) 832-77

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n. So it's not

the mayor's

0. I'm sorry.

hat -- we can

t's Exhibit

into

is is what the

dell. I know

viously,

Mr. Provitt,

m, you know,

whatever.

something.

understand why

r, dear Mr.

incident on

onversat ion,

)ack to work on

;hat you have

62

appointing authority as resig

necessarily one. It just mig

MR. CHAFFIN: He was tol:

assistant it would be, I be1i

THE COURT: Okay. Here

MR. CHAFFIN: We would m

THE COURT: This is -- y

put that in.

(At which time Def

Number 2 was admi

evidence.)

THE COURT: But this is

Court is struggling with, Mr.

you talked to him, and, I mea

something happened between he

you know, about whether he to:

get yourself off here or I cju:

But, I mean, obviously, there

It's -- I just - I

a letter wasn't sent to him S

Moorer, we understand there w

this day. As you know per ph

Mr. Briddell, if you do not c

this date, it will be conside

resigned. Why don't we do th

Vicki H. Cla

Official Court R

(334) 832-77

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etter wasn't

But I do know

conversation

rning. If you

have resigned

ye been better

63

I mean, I know every

well, why should we have to d H

we have to do it because, you ,

areas about whether someone t

fired or they resigned. I me

just trying to figure out whyL

you know, just to dot your ey :

T's. You know, here's a foil H

in writing, buddy. We don't

discussion or arguments about H

not said.

THE WITNESS: Respectful

THE COURT: And I don't

job, but I'm saying --

THE WITNESS: No. Sure.h

THE COURT: -- why, you

department head not follow up

THE WITNESS: Sure. I d

S thinking,

t. But, well,

it gets gray

they were

ou know, I'm

d especially,

d cross your

letter. It's

to have any

was said or

our Honor --

that was your

did the

that.

know with one

hundred percent certainty tha

sent or generated to Mr. Moor

that there was no ambiguity i H

that I had with Mr. Moorer th

do not show up for three days

and your job is gone.

True, we probably co

Vicki H. Cia

Official Court R

(334) 832-77

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 12 of 31
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cation, but

Ut, you know,

ults, you're

mes just don't

e that person,

authority or

know. What's

to everybody

it just seems

d up to, sir,

don' t know

d him if you're

abandonment.

now saying the

old this is

e not back on

I mean, I'm

1 how to run

here was any

er he and I

64

served by giving additional n

we're dealing with adults her

THE COURT: Well, I agre

even though you're dealing wi

also dealing with folks who s

really get it or think, well,

you know, doesn't really have

maybe -- I mean, what's -- I

obvious to us might not be ob

else. I guess what I'm sayin

like very easily phone calls

hey, I just had this phone ca:

what happened out there, but

not back in three days, that'

I want a letter sent to him r:

phone call was made, that he

from the department head; if

this date, it's job abandonme:

just asking. I'm not telling

the City by any means.

THE WITNESS: I don't th

confusion in Mr. Moorer's mm

spoke that morning.

THE COURT: But, obvious

25 THE WITNESS: Pardon me?

Vicki H. Cia

Official Court RE

(334) 832-77

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THE COURT: I said, obvi

have some confusion which is I

sitting here. You know?

MR. CHAFFIN: Well, I do '

with that, Your Honor.

THE COURT: Well, you kn

you. I've got you.

THE WITNESS: I mean, th r

complexities in the City's pe

that's the one thing that I w

understand pretty clearly is

geography of city policies, aH

pretty sure that I conveyed i

confusion on Mr. Moorer's par

back to work today or the nex

after that, you are gone, and,

whether Mr. Provitt is at fau

has disappeared and you won't

THE COURT: But, I mean,

dumb, too. I mean, I'm just

advocate for everyone.

THE WITNESS: Sure.

THE COURT: But does Mr.

Mr. Moorer thinks his boss is ,

charge out there, Mr. -- the

Vicki H. Cla2fi

Official Court Re

(334) 832-77 H

the guy does

e're all

ow if I agree

mean, I've got

re a lot of

el matters, but

le to

ed to learn the

that's why I'm

hout any

f you do not go

or the day

rdless of

not, your job

any recourse.

ow this sounds

ng devil's

er --

ver is in

bove Mr.

r

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66

Provitt or the lady, excuse m

charge of that division, not

that you're second in charge.

working there, they're look±n

my boss. You know what I'm s

they're not thinking the mayo:

executive assistant. Do you

THE WITNESS: I could se

if you appeal a departmental

mayor's office and you come d

then you pretty much know the

people at City Hall are above

asking for - -

THE COURT: Oh, yes, whi

there because he's upset and

above them.

THE WITNESS: Right, rig

THE COURT: So you can d

THE WITNESS: And why --

morning on the phone --

THE COURT: Right.

THE WITNESS: -- what I

should supercede anything th

people who are more directly

supervision. And so if I sa

oever is in

I mean, I know

to an employee

okay, this is

? I mean,

my boss, the

what I mean?

t, but I think

g to the

o City Hall,

cture, that the

boss. You're

why he came

ows you're

ething.

we spoke that

oing to say

told to him by

s line of

one has to be

Vicki H. Cla

Official Court RE

(334) 832-77

r

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57

back at work within three day H c

lost their ability to appeal, 1-

clear, I would think.

THE COURT: Well, I'm se Hr

City. This is from the forme H;

mean, I'm just picking at y'a

THE WITNESS: I understa

THE COURT: Because that

do. I just -- man, you've go t

know. I mean, something like tF

really, you just - - like I sa

you how to do it, but --

THE WITNESS: And, also,

the --

THE COURT: -- it needs

writing, you know, and it nee

day, boom. You know, it's --

because when we talk to peopi

things are real clear, it's a

it is --

THE WITNESS: And there

THE COURT: - - to everyb

what I mean?

THE WITNESS: -- plenty

sure. I mean, I agree there

else they've

it's pretty

holes in the

A lawyer. I

at I used to

-- I don't

you --

'm not telling

n't know what

a follow-up in

go out that

n't know,

we think

q how not clear

Do you know

enarios --

lenty of

Vicki H. Cia

Official Court R

(334) 832-77

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 16 of 31
y'all are being

S some

just sitting

68

1 scenarios where there are gra

2 can be some ambiguity. But t

3 see being black or white.

4 THE COURT: No. I mean,

5 saying.

6 THE WITNESS: Sure.

7 THE COURT: It's just I

8 man, I would always tell 'the

9 like that, especially, I woul

10 with a letter. I mean, you k

11 conversation was had. This i

12 done, boom. I just -- I mean

13 tell you how to do it though.

14 business. You can do it howe

15 THE WITNESS: Yes. Well

16 to the employees for sure and

17 fair to the taxpayer.

18 THE COURT: And I don't

19 unfair. I'm just saying it c

20 confusion, you know. But, no

21 here thinking out loud.

22 Okay. I mean, I've

23 hear it. I understand what

24 that he did and what their d

25 (BY MR. CHAFFIN:)

Vicki H. Cia

Official Court R

(334) 832-77

as and there

ssue, I really

ar what you're

-- I would --

on something

ays follow up

here's the

t's going to be

not trying to

t is y'all's

ou want.

want to be fair

lso want to be

t. I wanted to

iddell says

ion was.

r

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A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

69

Mr. Briddell, it is true that 1

prosecuted an appeal that was

a prior case -- H

I'm sorry? Say that one more H

He has contacted you with a

forth, utilized the procedure H

described; he has done that o

occasions?

Once, yes.

Also, he's sophisticated enou

discrimination suit against t

pending? Is it still pending

I don't know.

Is that true or --

I think that it's still pendi

haven't been keeping abreast

But you do have knowledge tha

Yes.

Is it not true that very day

that he went and got his reti

you know?

I don't know about that.

Thank you, sir.

THE COURT: Okay. Any q

MR. BELL: Yes, Judge, j

Moorer has

ribed to you on

nce and so

's been

vi ous

have filed a

ty that's

0 you know?

Ut, again, I

filed one?

lked with you

t pay? Or do

ons, Mr. Bell?

few.

Vicki H. Cia

Official Court R r

(334) 832-77

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Q.

A.

Q.

A

Q

A.

Q.

A.

A.

Ut yourself?

St wanted to

rities -- I

against

mething that

ame to you, did

vitt had,

d told him to

hat were

s the assistant

ority to tell a

you expect a

70

THE COURT: Okay.

CROSS EXAMINA

BY MR. BELL:

How are you doing, Mr. Bridde

I'm doing well, Mr. Bell. Ho

We were fraternity brothers.

get that out.

If an employee uses

won't say vulgarities -- prof

another employee, would that

the City would condone?

Absolutely not.

Now, on that day that Mr. Moo

he tell you that he had -- Mr

quote, cursed him out?

I believe he did.

Did he tell you that Mr. Prov

get his goddamn ass off the 1

I don't remember the exact wo

attributed to Mr. Provitt.

Would you think that Mr. Prov

director -- would he have the

-- well, I'll ask you this.

subordinate to obey a superb

Yes.

Vicki H. Cla

Of ficial Court R r

(334) 832-77

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 19 of 31
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LIP

A.

A.

Q.

A.

A.

Q.

A.

Q.

A.

Q.

Moorer to get

u expect

Ct

file a

percent

that, of

like a fair

I mean, that

the mayor

against

te, that

the mayor nor

ne?

r call

71

And so if Mr. Provitt had toiH

off the lot, I mean, what wou

Mr. Moorer to do?

To either get off the lot or

Mr. Provitt's superior.

Okay. Now, did he have a rig

grievance against Mr. Provitt

Yes.

I'm asking --

Again, I don't know with a hu

certainty, but I would think,

course.

And, Mr. Briddell, I mean, yo

man.

Thank you.

If Mr. Provitt had used profa

wouldn't be something that yo

would want?

Say it one more time.

If Mr. Provitt had used profa

Mr. Moorer, which is his subo

wouldn't be something that yo

the City of Montgomery would

That's correct.

Now, having said that, did yo

Vicki H. Cla

Official Court RE

(334) 832-77

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 20 of 31
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Q.

A.

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Q.

A.

Q.

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Q.

A.

72

Mr. Provjtt?

Mr. Bell, I don't know whetheH

Mr. Provitt or whether I noti

assistant that's over the ma±

It just was so long ago, and,

have enough --

You have a lot of incidents? H

Different incidents like this

remember the exact details.

And you have a lot of hearing

But let me just follow up on

of those -- on that disciplin,

disciplinary, one or two, whe

appealed them, there had been

charge filed, had there not?

I'm sorry. You --

In other words, for him to ap

disciplinary --

For it to come to my office?

There would've had to have be

against him?

Yes.

So you can't appeal a discipi:

been written against you, can:

That's correct.

Vicki H. Cla

Official Court R

(334) 832-77

alled

the executive

nce department.

rtunately, we

I can't

understand.

hing. On all

ether it's one

Moore r

sciplinary

a

e lodged

if one has not

r

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 21 of 31
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73

Well, no disciplinary was lod

abandonment as far as you kno

As far as I know.

All right. Now, Mr. -- the C

department had --

If I can just clarify, there

disciplinary paperwork that w

department in the event of a

That's saying I quit; I resig

Okay. Good point. So what w

Mr. Moorer had been in the ho

days, you wouldn't have known

No, I would not.

Okay. Suppose he was in an a

couldn't call someone. Would

he had been in there for five

automatically been terminated

I think that's why the verbia

McCooey read stated that it m

job abandonment.

And the way that you're inter

you'll give him a hearing to

wouldn't you think that you w

hearing to -- for you to dete

left there -- he intentionall

gainst him for

S it?

nd the

n't be any

be filed by the

bandonment.

-- now, if

1 for three

would you?

nt and he

e days - - after

would he have

at Judge

interpreted as

ng is that

en it - -

give him a

whether he

t or it was

Vicki H. Cia

Official Court R

(334) 832-77

r

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 22 of 31
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think, though,

ne abandoned

use the word

ouldn't you

hat he had

something from

- I object. It

new exactly why

as out for

f you don't

estimony about

there was no

I'm trying to

-- is that you

cause someone

ndonment. And

at you would

r write him a

up. I'm not

11-fledged

because someone

Ii,

74

something beyond his control?

A. Is there a question?

Q. Yes. Wouldn't it -- wou1dn't

if since you're going to say

his job or resigned -- they d '

abandoned; you say he resigne'.

think that before you would k c

resigned you would've had to

him?

MR. CHAFFIN: Your Honor

calls for speculation. Plus,

he was going to be out -- why

three days. I mean, he told

do --

MR. BELL: Well, there's

three days, Judge. He told h

testimony about three days.

get him to see, Judge -- and

just can't automatically assu'

didn't come back that it's jo

the reason that -- I don't ca

call it. Maybe you can call

letter and say why didn't youH

saying you'd have to give himH

hearing. But to assume that

Vicki H. Cla

Official Court R r

(334) 832-77

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 23 of 31
75

does not come in in three days at there's a

resignation, I mean -- and I'm t suggesting

that you --

THE WITNESS: Sure.

MR. BELL: But that's what ppened in that

instance, Judge.

THE COURT: Well, like I sa , I'm not

8 trying to tell Mr. Briddell, the ity, how to do

9 their work. But what should be ne just to dot

10 your I's and cross your T's is, am, once you

1l have that -- those two gentlemen ad that

12 conversation, Mr. Briddell and M Moorer,

13 Mr. Eriddell calls the departmen head, whoever

14 that is, says I had a conversati with

15 Mr. Moorer; I want a letter goin out to him

16 today telling him that we unders d there was an

17 incident; that if he does not co back to work

18 in three days that we will assum e has resigned

19 his position, end of story.

20 Now, we just have a sit ion where I

21 know, Mr. Briddell, you told him at, but I have

22 a guy sitting over there, too, w you know, and

23 whether it's right or wrong, I me , something

24 happened between he and Mr. Provi . You know,

25 exactly what happened, who knows. Do you know

Vicki H. Clark

Official Court Report

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 24 of 31
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what I mean? But let's just sa he did tell him

get your ass off here or whatev , and so this

guy is thinking he told me to g my ass off

there so I can't go back. Do y know what I

mean? But you're telling him if ou don't come

back in three days, I'll assume u've resigned.

I mean, there's -- that's where 's missing. In

other words, a letter goes out, y, Mr. Moorer,

we know something happened; we'r going to

resolve whatever happened, but y have got to

come back to work within three d s or, else, we

will assume you have resigned an we cannot

resolve whatever happened. Do y know what I'm

saying? I mean, it's kind of ii that's just

left out there. I mean, I don't ow

what happened between those two s. I mean,

who knows?

THE WITNESS: , I don't eithe but --

THE COURT: You know, it's d of like it's

just out there, what happened. I know you're

saying you told him to come back three days,

but he's sitting there saying, no that -- you

know, Mr. Provitt told me to get ass out of

here. It's just there's a discon ct because we

need that letter.

Vicki H. Clark

Official Court Report

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 25 of 31
77

THE WITNESS: I would look

organizational chart of the Cit

position someone had who gave m

directives, and I would comply

closest to the top. It's possib

gone to the Mayor and received a

7 have conflicted what I gave him

8 be rightfully --

9 THE COURT I mean --

10 THE WITNESS: -- to comply

11 mayor said, sure.

12 THE COURT: I understand, b

13 why it's so important just to ha

14 you know.

15 THE WITNESS: And in the ev

16 was an illness or a justifiable

17 someone missed three shifts and t

18 and notified the City, I can --

19 THE COURT: But what bothers

20 situation, though, is we know sort

21 between he and Mr. Provitt. Now,

22 happened, like I said, who knows?

23 know is we need to get Mr. Moorer

24 and we need to get to the bottom

25 and he needs to get down there itt

the

nd see what

he conflicting

h whoever was

he could have

ice that would

d then he would

th what the

gosh, that's

a paper trail,

that there

son why

n came back

e in this

hing happened

xactly what

But what we do

ack down there

what happened

diately.

Vicki H. Clark

Official Court Report

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 26 of 31
text of such

tion or the

at morning?

78

I THE WITNESS: That's what sked him to do.

2 THE COURT: But he needs t e told -- he

3 needs to be told in a letter, P4 Moorer, you

4 know, I understand there was an cident between

5 you and Mr. Provitt; the City wi be

6 investigating that, you know, ge irig to the

7 bottom of that, whatever. But ± the meantime,

8 sir, you have to come back to wo . If you do

9 not by this date, then we will a ume you have

10 resigned. Now, if you choose to ome back, we

11 will -- whatever you guys do; we ill conduct a

12 hearing or we'll get to the bott of

13 what happened, but we can't get the bottom of

14 it when you're at home. Do you ow what I'm

15 saying? I mean --

16 THE WITNESS: It's a built- redundancy.

17 THE COURT: Well, it's real not. Like I

18 said, I'm -- I mean, when you de with personnel

19 issues --

20 THE WITNESS: But, Your Hon , respectfully,

21 how --

22 THE COURT: I mean, gosh --

23 THE WITNESS: -- how would

24 a letter differed from the conve

25 directive that I gave Mr. Moorer

Vicki H. Clark

Official Court Report

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 27 of 31
79

THE COURT: Man, that is 1 so -- that's

so textbook in the State. I me , you follow up

:3 with a letter, you know. I mea that is just --

it's just a given, you know. I an, you have a

paper trail. I'm just -- like I aid, I'm not

trying to tell you how to do yo work, but this

7 is where it creates a problem, y know? I mean,

it does. I guarantee you guys f low up with

9 paper trails at Industrial Relat ns.

10 MR. CHAFFIN: We have paper verywhere.

1 1 THE COURT: Exactly.

12 MR. CHAFFIN: So does the C y, I can tell

13 you.

14 THE COURT: Isn't the State ike the paper

15 trail gurus?

16 MR. CHAFFIN: Pardon me?

17 THE COURT: The State is th paper trail

18 gurus when it comes to employee tters.

19. MR. CHAFFIN: What can I sa

20: THE COURT: I mean, really, he State is.

21 MR. CHAFFIN: Yes.

22 THE COURT: And there's a r son for it, you

23 know?

24 MR. CHAFFIN: Well, I don't now about that.

25 THE COURT: Well, I don't k w though.

Vicki H. Clark

Official Court Rep*z

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 28 of 31
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There is a reason for it, you k ?

MR. CHAFFIN: Sometimes.

THE COURT: There is. The is.

MR. CHAFFIN: I mean, we h lots of paper.

THE COURT: I know. Sorneti s we think

they're too much, but, you know

I'm not saying -- you d n't do anything

wrong, Mr. Briddell. I'm not sa ng that. I'm

just -- but do you see where thi just kind of

creates a bit of a problem? Bee se then I

assume he just got a letter that aid, hey,

you've resigned; we haven't seen ou at work, so

that's that.

Okay. What else have y got for

Mr. Briddell?

(BY MR. BELL:)

You're not his supervisor? You' not

Mr. Moorer's supervisor, are you

I'm not in the maintenance depar ent. I'm not

the executive assistant that is sked with

overseeing the maintenance depar ent either.

Well, would you answer me yes or 0?

I would say yes. I would say th anyone that

works for the City besides the m or would view

me as above them in the organiza anal chart.

Vicki H. Clark

Official Court Report

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 29 of 31
81

] And so if one supervisor says h as to go back

to work and the other superviso ays you can't

3 come, what are you supposed to

A. Which supervisor is higher?

5 Q. And that's in the personnel?

6 A. Pardon me?

7!

Q. And that's your personnel manage

8, MR. CHAFFIN: Your Honor, I bject to that

9 supposition. Mr. Moorer has air dy testified he

10 knew that Mr. Provitt didn't ha y authority to

11 fire him.

12 MR. BELL: Well, Judge, I'm ot talking

13, about firing. I'm talking about oing back to --

14 you see, because that -- that cr tes a problem

l5 for this man. He goes down ther subject to be

16 -- to be arrested. And I'm not ing accusatory

17 either, but I'm going to take a ok at that Form

18 10 you just -- and would you giv me the -- may I

19 approach him?

20 THE COURT: Yes.

21: (BY MR. BELL:)

22 And so this -- this is City of - County of

23 Montgomery Personnel Department quisition for

24 Personnel Action?

25 A. Uh-huh.

Vicki H. Clark

Official Court Repcz

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 30 of 31
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Q.

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82

And so whose form is that? Is t the City's

form or is it the City/County p onnel form?

It must be -- I can't speculate to whether or

not the County uses this form, b I know that

the City does.

Where it lists -- does it say an here down there

abandonment?

No. It says resignation.

It says resignation. So there w a

determination as far as you're c cerned that the

three days absent was, in effect - was, in

effect, a resignation?

Yes.

THE COURT: And but what yo old him,

Mr. Briddell, is if you don't co back in three

days and that's job abandonment you'll be

terminated?

THE WITNESS: Yes.

THE COURT: Is that right? mean, you

didn't tell him --

THE WITNESS: I don't know exact words,

but --

THE COURT: -- if you don't me back in

three days, I'll assume you resig d? Or I don't

know. I'm just asking you what d you tell him.

Vicki. H. Clark

Official Court Report

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-5 Filed 12/27/2007 Page 31 of 31
83

1 THE WITNESS: Your Honor, an't remember

2 the exact wording that day.

3 THE COURT: Right.

4 THE WITNESS: But the messa was that if

5 you don't come back in three day it's the same

6 as if you've quit and then you c 't get your job

7 back.

8 THE COURT: Right.

9 THE WITNESS: Come back and ry to work out

10 this discrepancy. We'll find ou who's right,

11 who's wrong. But if you don't c e back in three

12 days, you've lost that ability.

13 THE COURT: And what does t t form say?

14 That he resigned?

15 THE WITNESS: Yes.

16 THE COURT: But he didn't r ign. I mean,

17 in y'all's terms, he abandoned h job.

18 THE WITNESS: Well, job aba nment says --

19 THE COURT: You guys equate andonrnent and

20 resignation with each other?

21 THE WITNESS: Yes.

22 THE COURT: In that situati you're saying

23 they're interchangeable?

24 THE WITNESS: You willingly rminate your

25 employment with the City through action that

Vicki H. Clark

Official Court Report

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-6 Filed 12/27/2007 Page 1 of 26
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84

you've taken by opting not to slj u for three

days.

THE COURT: And Mr. Moorer, t first, was

getting his unemployment benefit and then y'all

cut him off?

MR. CHAFFIN: From what I u erstand, he

went to a hearing and was awarde benefits. The

employer appealed. And after a 11 hearing with

the Board of Appeals, they rever d the decision,

which is not unusual, as you kno

THE COURT: Sure. Yes. So I mean, he

started out he was getting them, nd then after

the City appealed, they stopped ?

MR. CHAFFIN: After the hea ng, yes, ma'am.

MR. BELL: Your Honor, may say something?

THE COURT: Yes.

MR. BELL: About that. And is is -- this

is one issue we have. There was hearing that

is not transcribed. There were hearings

before the Board of Appeals. Ye , one is

transcribed in which there was e ence taken.

don't know what the Board of App s could have

in turn -- could have overturned e hearing

officer on because at that first aring, there

was no evidence presented. So I so I'm going

Vicki H. Clark

Official Court Report

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-6 Filed 12/27/2007 Page 2 of 26
85

1 -- you know, Your Honor, I just ink it's -- I

2 don't know if he has jurisdicti for this second

3 one either because there was not ng -- there was

4 nothing taken. In other words, ey didn't

5 continue him. There was no evid ce taken, and

6 it's not transcribed so the Cour can see. So,

7 you know, I -- I don't -- I don' know.

8 But I've taken enough o the time with

9 Mr. Briddell.

10 THE COURT; Are we done wit Mr. Briddell?

11 I'm sure he's got other things t do besides

12 sitting here and listening to me He's busy.

13 But thank you, Mr. Briddell.

14 THE WITNESS: Thank you ver much.

15 THE COURT: You guys need a thing else from

16 Mr. Briddell?

17 MR. CHAFFIN: No, ma'am.

18 THE COURT: Thank you. Ha y a good day.

19 MR. CHAFFIN: Judge, I'm no sure what was

20 untranscribed, but the Record ce ified to the

21 Court is a -- really, it is a lo transcript

22 with plenty of testimony in it. 's not like --

23 THE COURT: Right.

24 MR. BELL: I'm not talking Ut this one we

25 have. I'm talking about --

Vicki H. Clark

Official Court Report

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-6 Filed 12/27/2007 Page 3 of 26
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MR. CHAFFIN: The Board of peals hearing.

MR. BELL: There was two Ba ds of Appeals

hearings.

MR. CHAFFIN: I don't know.

MR. BELL: Yes, because if u read the

transcript, Judge, the Board of peals says we

reopen this; it's kind of unique

MR. CHAFFIN: Well, I can't omment. I can

say just --

MR. BELL: I know. It's de ova.

THE COURT: Yes. I mean, I 1 be honest

with you, guys and girls. I mea I hate to say

it, Allison, but the City, they' got to do

better on that. I mean, you kno I know Mr.

Briddell thinks that him saying and he's real

clear and --

MS. HIGHLEY: Well, Your Ho r, Mr. Moorer

in the transcript at the hearing at they're

talking about says Mr. Briddell id me if I

didn't show up in three days, I ndoned my job.

I mean, he understood what Mr. B deli said.

MR. BELL: Well, the fact t he --

MS. HIGHLEY: It's on the R rd.

MR. BELL: The fact that he id him that

doesn't mean he understood the m . Mr. Moorer

Vicki H. Clark

Official Court Report

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-6 Filed 12/27/2007 Page 4 of 26
87

-- Mr. Briddell never told him

give some respect to him. He ne

him go back to work. He said, I

back to work in three days, you'

job.

he -- and I'll

r said he told

you don't go

abandoned your

THE COURT: Right.

MR. BELL: And our contenti is still,

Judge, there still has to be som hing for

someone to determine that it was ob abandonment

10 and therefore a resignation.

11 THE COURT: And the whole p blem with this

12 situation, guys and girls, just ke I said, you

13 have a situation where you've ha an incident at

14 work. Something happened betwee r. Moorer and

15 Mr. Provitt. Okay. You know, w knows exactly

16 what happened, but, obviously, s thing

17 happened, and Mr. Moorer left. we know there

18 was a conflict; there was accusa ns of

19 profanity. Maybe there wasn't. ybe he left on

20 his own. Maybe he didn't. But, mean, we have

21 a situation. So what needs to b one is, like I

22 said, Mr. Briddell needed to pic]jp the phone,

23 call the head of that department 1d say we've

24 got a situation; we need to get t the bottom of

25 it, and a letter needs to go out lling Mr.

Vicki H. Clark

Official Court Report

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-6 Filed 12/27/2007 Page 5 of 26
88

Moorer that if you don't come b to work in

three days - - you know, I know t re was a

3 situation; we're going to get to he bottom of

4 it; you have to come back to wor in the next

5 three days or, else, we'll assum that you have

6 abandoned your job; you've resig d. If you come

7 back to work within that three d s, we are going

8 to conduct a hearing about what ppened or

9 whatever verbiage you want to pu But that's

10 the missing link on this one. I ean, that

11 definitely should have been done n this because

12 this wasn't a case where Mr. Moo r -- let's just

13 say there was no incident. Let' say this was a

14 situation where he just left, yo know, and Mr.

15 Provitt comes out and he doesn't ee Mr. Moorer

16 and he's like, man, you know, wh e did he go.

17 And Mr. Moorer calls Mr. Briddel and says, you

18 know, hey, I just left; you know I don't want to

19 do my job anymore, whatever. Yo know, Mr.

20 Briddell tells him, hey, if you n't come back

21 in three days, man, it's job aba onment. Well,

22 there's no situation that happen . There's

23 nothing to be resolved. But in is case we've

24, got an incident. I mean, we ha y to get to the

25 bottom of whatever it is. And i he chooses when

Vicki H. Clark

Official Court Repc

(334) 832-7736

Case 2:06-cv-00672-WKW-WC Document 30-6 Filed 12/27/2007 Page 6 of 26
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23

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is I wouldn't

someone who

nothing. My

re savvy or

89

he gets that letter to say I do want to get to

the bottom of it, I don't -- I' ot going to any

hearing; I don't care; I'm stayi home and the

4 heck with them, then fine, you k w. But, man,

5 that's like a missing link, so t speak.

6 MS. HIGHLEY: Well, respect ily, Your

7 Honor, Michael Briddell and - - a I took notes

8 while he was testifying. He did ay that, look,

9 just go back. If you don't go b k within three

10 days, you're going to be fired; '11 figure out

11 what happened. He did tell him at. And we

12 actually have an affidavit that s submitted as

13 evidence in the lower proceeding to the same

14 effect, that he told him to go b k to work. And

15 so I think that coupled with the act he's very

16 savvy, if Mr. Briddell --

17 THE COURT: Well, of course, e is. HeTs

18 had lots of little things he's f d and he knows

19 the system. I'm not saying that. I mean,

20 obviously, the guy, I mean, he k s all of that.

21 MS. HIGHLEY: Right.

THE COURT: But my point be

care if I'm sitting here talking

had never filed anything that kn

point being is I don't care if y

Vicki H. Clark

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1 not savvy. That needs to be dol

2, MS. HIGHLEY: And I -- I a e that letters

3 -- letters are better than oral stimony about

4 something that happened. I mean I think

5 everybody would agree with that.

6 THE COURT: Yes. But in so thing like

7 this --

8 MS. HIGHLEY: But there was o letter.

9 THE COURT: -- they're not tter; they need

10 to be required. I mean, that ne s to -- that

11 needs to be a necessary thing.

12 MS. HIGHLEY: Right. But r ht now, it's

13 not, and so --

14 THE COURT: I mean, how --

15 MS. HIGHLEY: I mean, it's St not in our

16 policy or procedures to do that.

17 THE COURT: I want to screa I mean, I'm

18 thinking of the amount of calls at Mr. Briddell

19 gets every day at the City or th amount of

20 employees that come down there a we have no

21 paper trail. Oh, my goodness. m mortified.

22 MR. CHAFFIN: Well, Your Ho r, we still

23 have a couple of witnesses, but will point out

24 that the employment relationship as severed by

25 Mr. Moorer's own words; I quit. e have

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testimony to that effect.

THE COURT: Well, I know. haven't heard

3 from the rest of them. Do you h e people who

4 are going to say they heard him y I quit?

5 MR. CHAFFIN: We're going t have one

6 witness.

7 THE COURT: I mean, do you ye anyone who

8 is going to come in here and say hey heard him

9 say I quit?

10 MS. HIGHLEY: Well, we had ovitt.

11 MR. BELL: Well, it's confl ting, too. And

12 we have their own employee in th hearing said he

13 was there with him and he never Id. It's in

14 the record he never heard him. was there with

15 him --

16 MR. CHAFFIM: Well, that's mething that --

17 that guy is not here now, so

18 THE COURT: Well, I mean, I eard

19 Mr. Provitt and I still -- I thi after

20 Mr. Provitt that I'd still -- yo know, it's

21 questionable, you know, whether quit or he

22 said get out of here.

23 MR. CHAFFIN: Well, let me t Mr. Stinson

24 in and let's see what happens.

25 THE COURT: Yes. No, that' fine. I

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better.

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duly sworn to

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haven't made up my mind yet. I' just --

MR. CHAFFIN: Yes.

THE COURT: I'm just sittin here thinking

about how . . . I mean, Allison, hat really does

need to be changed.

MS. HIGHLEY: It's not in o procedure

right now.

THE COURT: I know. Just a the new lawyer,

that really, really does.

MS. HIGHLEY: I'll bring it p in our staff

meeting. 1

THE COURT: Do you know whaliI mean? I'm

just --

MS. HIGHLEY: Paper is aiwa

THE COURT: On personnel is

MS. HIGHLEY: I mean, I'm t

to file.

(Off-the-Record discu i

THE COURT: Do we have Mr. i

I'll be right back.

(Brief recess was hel

BILL STINSON,

a witness, after having first be

speak the truth, the whole truth

the truth, took the stand and te

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follows:

DIRECT EXAMINATI

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BY MR. CHAFFIN:

Would you state your name and oc pation, please?

Bill Stinson, foreman.

I'm sorry. Bill Stinson what?

Bill Stinson.

And what do you do for a living?

Foreman. I'm a foreman at the C y of

Montgomery.

And give me a brief describe -- brief

description of your duties. Wha do you do?

Well, I take a crew out to cut a clean ditches.

And how long have you been doing at?

For the past seven years.

And what do you do with a crew? you give them

directions or what?

Yes.

By virtue of your job, do you kn Mr. Moorer

here?

Yes.

How is it that you know him?

By him working down there and th last day he

worked with me.

How many days did he work with y

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It wasn't 30 minutes.

All right. Did he work with you nor to that

last day? Had you ever worked w h him before?

I'd never worked with him before

Okay. Well, let's talk about th last day. You

come in the morning and report t work and then

what happens?

Came in the morning, report to w k. I took

Mr. Anthony to the job site.

And, now, wait just -- you -- Mr Moorer?

I mean, Mr. Moorer to the job si

How did you know he was working r you? Did

somebody tell you?

Yeah. They told me he was on th truck.

Who told you that?

Well, Tom.

Provitt?

Yes.

Okay. Mr. Provitt. So you come to work and

Mr. Provitt tells you that Mr. M en is on your

crew?

That's right.

And then what happens?

Well, I showed him the time card ere he punched

at that they had transferred dowr here.

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Now, what does that mean? Where as the time

2 card?

3 A. The time card was in the box do there.

4i Q. Where was the box?

5 A. The box is inside the bull room. The bull room.

6 Q. In the maintenance shed?

7 A. Yes, yes.

8 Q. All right. And what did he say out the card?

9 A. Well, I just showed him where yo punch in and

10: punch out because they had trans rred him to

11: another building down there.

12 Q. Was his card there?

13 A. Yeah, his card was there.

14 All right. So he comes in and r orts in. You

15 show him his timecard and --

16 A. That's right. Then we go to the ruck.

17 Q. All right. What happens then?

18 A. Take him to the job.

19 Q. Where was the job?

20 A. The job was out on Susan Drive a Ryan Road.

21 Q. And what were you going to do wh you got there?

22 A. Cut and clean the ditch. So whe t I pulled up on

23 the job, Mr. Anthony told me tak me back in.

24 said I just can't take you back ; I have to

25 call in and let them know that y don't want to

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work no more. He said call in. So I called in

and told them I've got a man th wants to come

back to the lot. They told me bring him back

in. And I took Mr. Anthony in. I tried to take

him down to where he punch out , and he told me

to let him out the truck right the gate. And

when I told him you need to go d n there, he

told me to stop this truck and l me out now.

9 So that's what I did. I stopped he truck and

10 let him out. So that's why he n er did report

11 down to the end where he was sup sed to been let

12 them know that he had -- he was aving.

13 Q. Was that your last conversation th him?

14 A. Yeah, that was my last conversat n with him.

15 Q. What, if anything, was said by h about whether

16 he was going to remain employed?

17 A. Come back? What you say again?

18 Q. What, if anything, was said to y by him about

19 whether he was going to stay at k or what?

20 A. No. He was leaving.

21 0. Did he mention anything about qu ing?

22 A. Yeah, just quit or he said take back in andhe

23 got ready and said put me out th ruck.

24 Q. Did he indicate to you he wasn't ing to work

25 anymore or what?

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97

No, he -- yeah, he wasn't going work no more.

He said he wasn't going to work more.

What did he say? Do you remembe his words?

Well --

Don't worry. I know it's shocki to hear

somebody at maintenance come up th a curse

word. If that's your hesitation go ahead.

He just said he wasn't going to rk no more.

That's it. He quit.

THE COURT: Mr. Stinson, le me ask you

this. Before he came out with y that morning,

did you know him?

THE WITNESS: Like which wa you talking

about knowing him?

THE COURT: Did you know hi from the

City --

THE WITNESS: Personally?

THE COURT: Yes.

THE WITNESS: No, I didn't

personally. I just knowed him b

City.

THE COURT: Right. Did you

pain, that he had sued and had a

hearings and stuff?

THE WITNESS: No, I didn't

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THE COURT: Did you know h as a

troublemaker, so to speak?

THE WITNESS: Well, the wo was he was a

troublemaker.

THE COURT: I mean, did you hink he was a

troublemaker? No, I'm just aski you. In all

honesty, did you say, oh, this g is a

troublemaker?

THE WITNESS: No, I didn't ink he was a

troublemaker.

THE COURT: Okay. So, anyw , you guys go

out. How many folks were with y ; do you

remember?

THE WITNESS: Four more.

THE COURT: Okay. And he s that he asked

you about when he could have lun and a break

and you said we don't take break we don't take

lunch.

THE WITNESS: No.

THE COURT: Is that true or lie?

THE WITNESS: No. No, that' not true.

THE COURT: Okay. Well, wh precipitated,

what made him want to come back? id anything

happen?

THE WITNESS: Well, Mr. Moo was mad when

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he first got in the truck.

THE COURT: He was just ti d that he had

to go out and cut grass?

THE WITNESS: Yes, yes.

THE COURT: Well, I mean, w t was he

saying?

THE WITNESS: Well, he just as cussing a

whole lot and saying a whole lot f stuff, what

he was going to do, call and --

I'll THE COURT: Was he saying ± out loud?

11 THE WITNESS: Yeah. We wer just regular

12 talking like this.

13 THE COURT: Everybody was 1 tening to him

14 and he was like, oh, I don't wan to go do this?

15 THE WITNESS: It wasn't but hree of us in

16 the truck.

17 THE COURT: I mean, what wa e saying?

18 THE WITNESS: Well, it's be so long ago.

19 He just was -- you know, just -- st mad, just

20 was talking a whole lot of talk.

21 THE COURT: What were y'all ying? Shut

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up, man?

THE WITNESS: No, I wasn't

attention because --

THE COURT: Were you just ±

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1 THE WITNESS: Yeah, ignori him because I

2 knew he didn't want to work that orning.

3 THE COURT: Okay. So you e -- were you

4 driving?

5 THE WITNESS: Yes, I was dr1 ing.

6 THE COURT: Okay. So you'r just kind of

7 ignoring him, but you're listeni to him gripe?

8 THE WITNESS: Yes, yes, yes

9 THE COURT: Okay. So how 1 g did it take

10 you to get to the site, would yo say?

11 THE WITNESS: I'd say about 0 minutes.

12 THE COURT: 20 minutes?

13 THE WITNESS: 20, 25.

14 THE COURT: And when you go here, did

15 everybody get out of the truck?

16 THE WITNESS: No, no, never d get a chance

17 to open the door.

18 THE COURT: Okay. And what • d he say?

19 THE WITNESS: Well, when we t there, time

20 we got on the job, he said I just anted to ride

21 out here and see where it was; y can take me

22 back in.

23 THE COURT: And what did you ay?

24 THE WITNESS: I said I can't ake you back

25 in unless I call into the lot an et them know

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1 that I'm bringing you back in.

2 THE COURT: Right.

3 THE WITNESS: So I called o the lot.

4 THE COURT: Okay. And the aid bring him

5 back?

6 THE WITNESS: That's right. I told --

7 THE COURT: Did you guys ha any discussion

8 on the way back?

9 THE WITNESS: On the way ba , no, not

10 really.

11 THE COURT: What happened w n you got back?

12 THE WITNESS: About the oni thing about it,

13 he might have said I was glad wo ing with y'all.

14 THE COURT: Okay. He got n on the way

15 back?

16 THE WITNESS: Well, I'm gia orking with

17 y'all to me -- to me, that he wa: ice.

18 THE COURT: Okay. Well, wh did he say

19 when you guys got back?

20 THE WITNESS: When we got b and we pulled

21 in the lot --

22 THE COURT: Right.

23 THE WITNESS: -- I was goin o take him

24 back down to the maintenance dep ment. That's

25 when he got a little violent, a tie rough, and

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like I'm

r --

so long and he

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went to kind of cussing and tol

out right then.

THE COURT: Right.

THE WITNESS: So I stopped

him out.

THE COURT: Did you say whe

from, why are you cussing at me?

THE WITNESS: No. I just 5

and let him out.

THE COURT: Did he say anyt

quitting or I don't want this jo

THE WITNESS: Well, it's be

was saying so much --

THE COURT: Right.

THE WITNESS: -- yeah, but

leaving. He was leaving to go h

much.

THE COURT: Okay. How do yc

Did he say it?

THE WITNESS: Yeah, he said

out the gate; I'm fixing to leav

THE COURT: I'm going home?

THE WITNESS: Yeah. I don'

going home or not.

THE COURT: Sure. But he w

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to put him

e truck and let

is this coming

ped the truck

now he was

I know that

know that?

was; let me

now was he

leaving?

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THE WITNESS: Yeah, he was 1 ving.

THE COURT: How long have yo worked for the

City?

THE WITNESS: 19 years.

THE COURT: 19 years. Okay. All right.

That's good. Hold on. Mr. Bell ght - - do you

have any more questions?

M±c. CHAFFIN: No, ma'am. 1

THE COURT: Mr. Bell, did yo have any

questions for Mr. Stinson?

MR. BELL: Yes.

CROSS EXAMINATION

BY MR. BELL:

Mr. Stinson?

Yes.

Have you ever testified before on his case?

Well, let me just rephrase that.

You've never gone down b ore the

employment director of Industrial elations and

testified, have you?

What do you mean by --

This is the irst time you've tes fied?

In a courtroims yes.

Were you down when Mr. Provitt (s ) was trying

to get his unemployment? Did yo estify there

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before some people?

No. Well, wait a minute. What y talking

about? When he was trying to get is

unemployment?

Well, that's what this is talking bout, trying

to get his unemployment.

Yes.

Okay. You did an affidavit?

Yes.

Did you do an affidavit?

Yes, I did an affidavit.

Who contacted you to do the affid it?

Contacted me?

Yes. Who asked you to do this af davit?

Asked me to do it?

Yes, sir.

I don't -- I don't really know wh you're

talking about, who asked me to do he affidavit.

You didn't just come and write an iffidavit;

right? I mean, did you write thi affidavit?

No. I went downtown to City Hall o do that

affidavit.

Okay. Did you write it?

Did I write it?

Yes, sir. I mean, it's typed. I show you?

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No, sir, I didn't type it.

Did you read it? No. I mean, be re you signed

it, did you read it? Mr. Provitt sic)?

Did I read it?

Before you signed it?

No, I don't think so. I don't kn 1 . I don't

think so. That's my initials tho h.

That's your initials?

Yeah.

But you didn't read it?

No. I still can't read it like t s here, the

way it is now, because I can't se it now.

This is all the glasses --

Yeah, I can see with these on. ( tness reviews

document.) Yeah, yeah.

And you remember it now?

Yeah.

And did you type it up?

Did I type it up?

Yes. You don't understand what - I don't mean

type it up. Did you type this or omeone type it

for you?

No, I didn't type it.

When you signed it, was it airea prepared for

you?

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A. Yes.

2 Q. Who prepared it for you?

3 A. I don't know that.

4 Q. Okay. Now, it says here that you igned it on

5 the 14th day of July. If it says hat, would

6 that be -- would you agree to tha that you

7 signed it on the 14th day of July f 2006?

8 A. On the 14th?

9r Q. Yes.

10 A. (Witness reviews document.) Am' this July? Oh,

11 this is 2006. Yes, sir, I'd agre with that.

12 That's 2006 there.

13 Yes. And you said that the last me -- that the

14 incident with Mr. Provitt happene on April the

15 19th, 2006.

16 A. Now, I can't just -- I don't know hether it was

17 April the 19th --

18 But what I'm saying, when you wro this -- when

19 you wrote this affidavit, you tol everything

20 that happened, didn't you?

21 A. Yes.

22 Q. Now, I want you to take a look at his affidavit.

23 Just use my glasses. You don't s anything in

24 there about Mr. Provitt was cursi , do you?

25 A No.

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107

You don't say anything about he cursing, do

you?

No.

But, today, you come down here a say he was

cursing?

I said that?

Yes.

THE COURT: No, I don't -- t t's what I was

going to ask him. No one has ask him. Were

you there when Mr. Provitt was ta ing to

Mr. Moorer?

THE WITNESS:. No, I wasn't t re when

Mr. Provitt was talking to Mr. Mo er.

THE COURT: So you didn't se them talking

and you don't know what happened?

THE WITNESS: No, I didn't s them talking.

I don't know what happened.

MR. BELL: I apologize. I s d Provitt,

didn't I?

THE COURT: Yes.

MR. BELL: I'm sorry.

Mr. Moorer. You never said anyt g about

Mr. Moorer was cursing in this af davit, did

you?

No, I didn't want to say that mu about him.

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108

Okay. But, now, today, you want tell he was

cursing?

Well, Mr. Moorer, I could say a w le lot about

Mr. Moorer cursing before he come n, but I don't

want to say that.

Okay. You curse, too?

Huh?

Do you curse anytime?

Yeah, I curse.

Now, let me ask you this. You ha said that the

word was that he was a troublemak ?

Yes. Yes, I just said that.

Did Mr. Provitt tell you he was a roublemaker?

No.

Who told you he was a troublemake

It's all -- who told me he was a oublemaker?

Yes.

Him, if you want to tell the trut because he --

Mr. Anthony, he's a big -- well, 's got a

little temper.

And he told you he was a trouble er?

Might as well said. it the way he lked.

Earlier, when you testified, you id the word

was he was a troublemaker?

Yes.

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Q. So I'm -- am I assuming that nob told you he

was a troublemaker?

A. Well, Mr. Anthony, he's the type person he

talk about people behind their ba s, so you can

fill it out to whatever it is.

Q. So would it be safe to say you fi red he was a

troublemaker?

A. Say I figured he was a troublemak ?

Q. Yes. You figured he was a troubl aker. It was

you that figured he was a trouble ker; am I

correct?

A. Well, I talked to him.

Q. My question is, you didn't -- you aven't told --

I asked you who said he was a tro lernaker. You

can't tell me, so I'm saying it ± you who is --

A. No, I can't say who was a trouble ker because

you've got -- if you work down at he City, we've

got over a hundred and something ys down there

and everybody is talking; everybo talks. So I

just can't put nothing specific o nobody. It's

gossip go around there all the ti , all the

time.

Q. Mr. Stinson, isn't it true that . Moorer asked

you when do you take breaks?

A. No, because Mr. Moorer didn't wo -- Mr. Moorer

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1 didn't wait five minutes before said take him

2 back in, so he couldn't go on a ak.

3 q No. I -- my question is, did he k you what

4 time y'all take breaks?

A. No, because Mr. Moorer didn't tal nothing about

6 the job on the way out there and thing about

7 the way you work.

8 Q. Did he ever ask you what time do u take lunch?

A. No.

10 Q. Did you ever tell him that you di 't take lunch?

11 A. No.

12 Q. You said that there were four of all at first

13 in the truck. Then you said thre Was it four

14 of y'all --

15 Three of us sitting in the truck. The rest of

16 them was on the back.

17 Q. How many was on the back?

18 A. I think I had three more mens bac there.

19 Q. So three of y'all -- now, who was itting in the

20 front? Was Mr. Moorer sitting in he front?

21 A. No. Mr. Moorer was sitting behi me.

22 Q. And somebody else was sitting be d there?

23 A. I had another -- one on my right- nd side.

24 Mr. Moorer was sitting behind hi

25 And who was that person on your ht-hand side?

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ill

1 A. Aaron Harris.

2 Q. Aaron Harris?

3 A. Yes.

4 Q. And Mr. Harris is about, what, 25 ears old?

A. No. About 21.

6 Q. Okay.

7 A. Going on 22.

Q. So Mr. Harris was with you the wh e time that

9 Mr. Moorer and you were talking?

10 A. Yes.

11 Q. So if Mr. Moorer had cursed and s d he was

12 quitting, wouldn't you think that r. Harris

13 would have heard it?

14 p4' Yes.

15 MR. BELL: Okay. I have no rther

16 questions, Judge.

17 THE COURT: Okay. Anything rther for

18 Mr. Stinson?

19 MR. CHAFFIN: I can't think a thing,

20 Judge.

21 THE COURT: Okay. Thank yo Mr. Stinson.

22 Have a nice day.

23 MR. CHAFFIN: As I said whe e began, the

24 Court can find misconduct, and t e's two

25 degrees of misconduct, one with one without

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A.

A.

me testimony

d be short.

duly sworn to

nd nothing but

fied as

occupation,

tor of the

of

nes? In short

the

r the street

ng division.

or that

5. I'm over

11 the

112

warning.

THE COURT: Right.

MR. CHAFFIN: And so I have

referring to the conduct. It shc

THE COURT: Yes. That's fir

DOUGLAS JONES,

a witness, after having first be€

speak the truth, the whole truth,

the truth, took the stand and te

follows:

DIRECT EXAMINATI

BY MR. CHAFFIN:

Would you state your name and you

please?

Douglas Jones. I'm Assistant Dir

Maintenance Department for the Ci

Montgomery.

What does that mean exactly, Mr.

testimony, what do you do?

There's two assistant directors j

maintenance department. One is c

division and one is over the buil

Mr. Provitt is the assistant dir€

handles streets, drainage, sidew

the building division. We handle

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1 maintenance of the buildings, th VAC, any

2 construction or renovation work all City-owned

3 structures.

4 Q. Do you know Mr. Moorer here?

A. Yes, sir.

6 Q. How is it that you know him?

7 A. Mr. Moorer was a service worker o one of my

8 paint crews for a while.

9 And what do you do by doing the s vice work, the

10 paint?

11 A. He painted.

12 Q. And how long did he work for you?

13 A. I'm not quite sure. I'd have to ok back at

14 records to know exactly how long was --

15 Q. What kind of painter was he?

16 A. He was a decent painter. He had he had decent

17 skills.

18 Why is -- what -- well, pardon me or baffling

19 here.

20 What problems, if any, you have with

21 his work?

22 A. When Mr. Moorer was with me, he -- he was on

23 Bernard Harris' paint crew. He a few

24 occasions where he wasn't able t how up for

25 work on time; he either called ± ate and

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17

18 A.

19

20 Q.

21 A.

reported that he was having probi s. He just

didn't -- wasn't able to come in d do things

the way the rules state, which sa that if you

can't be here on time, you need t notify your

supervisor before your assigned w k time, which

is seven o'clock.

And so what -- what harm comes ab t if that's

something that happens?

Working on a crew like that, if s eone is late

like that, it will hold up the en re crew from

being able to go out and do their ob. Also, on

scheduling work, if I've schedule a workload

based on a full crew being there d one man

shows up late or doesn't show up all, then I

have to modify work schedules.

Did you ever say anything to Mr. orer about it

being a problem?

Mr. Moorer was talked to by at th time who was

his supervisor, Mr. Dean Johnston

How do you know that?

There's a letter of record in his ile. He had

I know there's

Then he was

eve, of five

for work on

22 one time where he was talked to -

23 at least one letter of reprimand.

24 also suspended for a period, I b€

25 days for not being able to show t

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do with that?

eve I had

except

lks talking to

hrough Dean

d man which is

work on that.

scussion did

.7

Moorer called

to Bernard

that he was

adn't called.

ut that the

ris from

d when he

rds showed

he called.

.1 after he had

115

time.

Q. What, if anything, did you have

A. At the time on those, I do not b

anything to do with actually tho

possibly just administrative, my

me. That would have been handle

Johnston and my immediate rightJimmy Wise.

Q. All right. I'll get you some pap

But tell me what involvement and

you have personally with Mr. Moor

A. I remember specifically on one, M

in, oh, it was around 10:30, 10:4

Harris. At that time he had stat

in the hospital and that's why he:

Once I did some checking, I found

phone number that he called Mr. H

wasn't actually at the hospital,

actually produced records, the re

that he wasn't at the hospital wh

He had actually went to the hospi

22 called in.

23 Q. Did you talk with him about it?

24 A. Yes, sir. And based on that, I a ually was

25 making a recommendation for a te nation at that

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and I was

al, we decided

crew that he

er to the

hich is where

e paint crew

And then at

ly?

way. What

o recommend --

ssigned work

as and his

d him that I

Hall.

of paper for

tually

d. Who made

him instead?

116

2,

3

4

5

time.

Q. And what happened?

A. During the time that that happen

making a recommendation for dism

that since it was disruptive to

was going to be transferred back

Street division into a ditch cre

he came from before he came onto

pending his hearing with City Ha

that time -

Q. Did you talk to Mr. Moorer perso:

A. On the part about the --

Q. Transfer. Well, let me put it t

did you talk with him about?

A. I talked to him about I was goin

based on him calling in after hi

time and him lying about where h

past record being considered, I

was recommending dismissal to Ci

Q. And what was his response?

A. That would be reflected on a pie

the hearing. I'm not sure if he

responded to me at that time or

Q. So -- but, yet, he wasn't termin

that decision not to -- to trans

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117

Who made that decision?

That was actually a decision bet n myself, Mr.

Provitt, and Ms. Gail Gibson, my partment

director. We decided that would best for the

work and the habits of the crew him not to go

back into that crew pending his ring with City

Hall.

What does that mean, for the best n behalf of

his crew?

Mr. Moorer had a tendency to agit e the crew.

He was called in on several occas ns. Besides

the time of him being late, he wa also called in

for disobeying a direct order. H was instructed

at some times not to talk to some ork release

inmates, and he had a problem fol wing the

orders of his foreman and all. A based on that

and other items of -- where his c w leader said

that he was being disruptive to t crew, we just

felt like it would be best for hi not to report

back to that crew and possibly ca e any further

problems in that crew.

Let me show you these documents.

Okay.

THE COURT: So he, Mr. Jone - you guys

transferred him over to the gras rew or

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whatever. He -- did he know that here was going

2 to be a hearing about, I mean, t you were

3 recommending that he was going t e terminated?

4 THE WITNESS: Yes, ma'am, t e should be --

5 THE COURT: Okay. He knew t t.

6 THE WITNESS: Yes, ma'am. T re's paperwork

7 that will reflect that I was reco ending

8 dismissal.

9 THE COURT: Okay. But you h to have the

10 hearing and all that good stuff?

11 THE WITNESS: (Nods head.)

12 I'll show you this document that' labeled Letter

13 of Reprimand, Defendant's Exhibit umber 5, dated

14 April 14th, 2005. Do you know wh that document

15 is?

16 A. Yes, sir.

17 Q. What is it?

18 A. This is a formal letter of reprim d. We have

19 various stages of counseling and erything in

20 our file.

21 Q. Is that used routinely in your wo ?

22 A. Yes, sir.

23 Q. And you know how to fill it out?

24 A. Yes, sir.

25 Q. Are the events described about t time they

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occurred?

A Yes, sir.

Q. All right. So what's that one a t?

4 A. This one here is April the 14th. e was

5 counseled by his immediate super sor, Mr. Roger

6 Johnston, Jr., and Bernard Harri the paint crew

7 foreman, in front of Jimmy Wise, ilding

8 construction superintendent, and n McGough,

9 maintenance superintendent, for t following

10 orders. While at municipal cour he was

11 instructed to roll paint on a fl pole, to keep

12 the paint from splattering becau the paint was

13 thin and the wind was blowing. e wind blew the

14 paint onto the bucket truck whic was borrowed

15 from traffic engineering. Berna Harris who was

16 his foreman had instructed him t t he needed to

17 wash the truck of and roll a 11 le bit slower.

18 And at that time Mr. Moorer told r. Harris that

19: he was not going to wash any tru , and he told

20, Bernard that the wind was just b wing and mother

21 nature blew the paint on the tru , that it

22, wasn't his fault.

23 I have here a document that's en tled City and

2 4 County Personnel Department Reco endation,

2 5i Personnel Action, dated October h, 2005,

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21

3

4

5

A

61 Q.

7 A.

8 Q.

9 A.

10

11 Q.

12

l3 A.

14 Q.

15 A.

16

17

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191

20

21

22

23

24,

25

Defendant's Exhibit Number 6. C

that and tell me what it is? Is

kind of form?

No, sir. This is actually the f

These are the Form lOs that go -

Is that form used routinely in y

Oh, yes, sir.

And it's a business form of --

Any personnel actions that requi

change in personnel action, be i

And the events are entered about

occurred and you know how to fil

Yes, sir.

What's that one about?

This one here is where Mr. Moore

for five working days. And if I

hold on one second. This is the

that coincides with the letter o

I had before. This is -- this 1

reprimand here, there was a reco

suspension on it, and this paper

actually the official paperwork

you look at

at the same

1 paperwork.

work?

any type of

uspension --

e time they

t out?

ias suspended

Liumb back --

ctual Form 10

reprimand that

ter of

endation for a

rk here is

gned by --

Q. Is that for the painting and the ruck --

A. Yes, sir.

Q. -- you just described?

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1

5 A.

6

7 Q.

8

9

10 A.

11 Q.

12 A.

13

14

15 Q.

16 A.

17

18

19

20

21

22

23

24

25

I show you the same for ated, it looks

like, 11/5 -- 11/7/05, and I've ked it

Defendant's Exhibit Number 7. I hat the same

kind of form?

Yes, sir. It's the same type fo as Exhibit

Number 6.

Okay. So you know what it is. 's used

routinely and you know how to fi it out, and

the events described occurred ab that date?

Yes, sir.

What's that one about?

This one here is where he was su nded for 29

working days from November the 2 of '05 through

December the 12th of '05.

For what?

This is where he was reprimanded or disobeying a

direct order from his foreman, B nard Harris.

Our people had been instructed v bally and also

by a letter from the sanitation partment when

there's work release inmates in e area, they do

not want anybody carrying on con rsations with

any work release inmates or havi physical

contact with them. Mr. Moorer h been

instructed not to have contact w h them, but he

chose to talk to an inmate, I be eve, at --

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• At that

cont raband

he jail, so

talked to him.

r that there

(es, herets

's involved in

L, and it was

nt, cemetery,

-- they did

ates.

iat. I'll show

t s Exhibit

form?

different than

122

1 Q.

2 A.

3 Q.

4 A.

5

6

7

8 Q.

A.

10

11

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20 A.

21

Did this say why?

Did they --

The prison or --

Actually, it was the jail personi

time they were having problems w:

and various items going back int

they wanted to limit contact --

Did you talk to Mr. Moorer about

No, I don't believe I specifical:

I know Mr. Johnston did, and I k

was a letter. I don't know if -

actually a copy of the letter th

it that was from the municipal j

directed to the sanitation depar

and the chief detail specifying

not want us to have contact with

That's fine. The Court can read

you this document marked Defenda

Number 8. Is this the same kind

No. This is actually a little b

all of these.

22 Q. What's the date of that form?

23 A. This form here is dated March 29 of 2006.

24 Q. Okay. And what kind, of form is at?

25 A. This is actually a Notice of Dep tmental

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123

1: Hearing. When a recommendation made on an

2 employee to have some kind of di iplinary

3 action, they have to have a depa mental hearing.

4 And then depending on whether it something that

5; requires action from the City Ha , then --

6 Does that give the result, or wh is that form

7 printed?

8 A No. Actually, this form here is rinted up, and

9 it's actually read to whoever it' given to. In

10 this case it was Mr. Moorer lett him know that

11 he had a departmental hearing sc uled for April

12 the 3rd of 2006 in front of Ms. 1 Gibson.

13 It's a notice of departmental he ng.

14 And is that a regular business d ment of the

15 company -- I mean --

16 A. Yes.

17 Q. I'm sorry.

18 A. I understood what you meant.

19 Q. The City. And you use it routin

20 A. Yes.

21 Q. And the events described occurre bout the date

22 they were entered there?

23 A. Yes.

24 THE COURT: Mr. Jones, let ask you this.

25 When Mr. Moorer was with you on paint crew

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124

and, you know, you said you w

the recommendation that he be t

y'all talked about it and sai

transferred to the grass crew

hearing.

THE WITNESS: Yes, ma'am.

THE COURT: And did you

hey, you know, I'm going to r

termination, and while we're

we're going to put you on gra

him he was going to grass cre

waiting on the termination he

THE WITNESS: It would h

myself or Ms. Gail Gibson, my 1

THE COURT: Okay. Do yo

told him? I mean, I'm just t

what did he say. What did he

transferred?

THE WITNESS: I'm not qu

specifically told him or whet

THE COURT: Okay. So yo

he said anything or got mad o

care or -- I mean, what --

THE WITNESS: No, ma'am.

THE COURT: You don't re

oing to make

mated and

needed to be

ing that

Mr. Moorer,

end

ng for that,

ew? Who told

le we were

ither been

ember if you

to figure out

about getting

ure whether I

au did.

't remember if

u know, I don't

25 r?

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Q.

A.

Q.

A.

Q.

125

THE WITNESS: I don't r

THE COURT: Okay. And

hearing because he left?

THE WITNESS: Correct.

THE COURT: Before we e

hearing?

THE WITNESS: Correct.

THE COURT: Is that cor

THE WITNESS: Yes, ma'a

THE COURT: Okay. I've

MR. CHAFFIN: I have no

THE COURT: Mr. Bell, a

for Mr. Jones?

CROSS EXAMI

BY MR. BELL:

Mr. Jones, do you have any -

the conversations between Mr

Mr. Moorer on April the 18th.

No, sir.

Do you know if Mr. Provitt c

No, sir, I do not.

Would you have the authority

maintenance department?

'I

Yes, sir.

Would you have the authorit

er.

ver had that

ot to the

you. Okay.

her questions.

estions you have

e you privy to

vitt and

Mr. Moorer?

ou work at the

eli an employee

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HI 126

1

2 A.

3

4 Q.

5

6

7 A.

8 Q.

9

10 A.

11

12 Q.

13

14 A.

15 Q.

16 A.

17 Q.

18

19 A.

20

21

22 Q.

23

24

25 A.

to leave the maintenance are

If he's being disruptive or bly a threat to

the department, yes, sir.

I don't mean under what circ nces. I'm

saying do you have the autho ± to tell them to

leave?

Yes, sir.

If you told an employee to 1 what would you

expect?

I would expect him to come b nother day with

a different attitude.

Well, I think if you told hi leave, wouldn't

you expect him to leave? I

At that point in time, yes,

Well, that's the point in ti m talking about.

Yes, sir.

Okay. What authority -- if dn't leave, what

could you do?

If I deemed it a threat, I c actually call

the police department in and him escorted

away from the city lot.

I don't want you to qualify I'm just saying

what authority. I mean, cou u call the

police?

Yes.

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Q. In some circumstances?

A. Yes, sir.

THE COURT: Wait. Let

this. Mr. Jones, if -- okay

supervisor, and if two of yo

it or -- and you have to tel

they get into it with you an

them to leave, do you docume

do?

THE WITNESS: Normally,

will document if I've had an

THE COURT: And do we s

anything? Like if you tell I

was being disruptive and you

left, do I get a letter from

says, hey, you'd better come

three days or, else, it's

hey, we can have a hearing a:

I mean, I'm just asking what

THE WITNESS: No, ma'am

anything out like that.

THE COURT: You just do

THE WITNESS: I just do

force the employee to leave

whatever reason it may have

k Mr. Jones

u're my

ployees get into

eone to leave or

have to tell

at? What do you

cument it. I

rcation.

hat employee

-- like, say, I

leave now and I

or anything that

to work in

ndonment or,

what happened?

ou do.

-- I don't send

t it so --

t that I had to

ot because of

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128

1 THE COURT: And you ass He

the next day?

THE WITNESS: Correct. H

THE COURT: Okay. I've

I'm sorry, Mr. Bell.

MR. BELL: Oh, no. No, a

getting exactly what I was g

(BY MR. BELL:)

You said Mr. Moorer was agit

Yes, sir.

When you say agitating, I me

a conclusion. Tell me what

His foreman at the time who

after we had our first conve

Mr. Moorer about his problem ,1

get to work on time, he went

a verbal altercation in whic

paperwork here, so I don't k

a verbal talk at the time.

got into a little verbal thi

Harris, and then after that,

that he knew more about how

than Mr. Harris did and star

how the crew worked and beca

the work habits of the crew.

hey'll be back

you. All right.

m. You're

to get at.

the paint crew?

hat's -- that's

s doing.

ernard Harris,

on with

.ot being able to

and he got into

.on't see that

f that was just

.t that time he

.th Bernard

Moorer decided

Lfl a paint crew

:rying to dictate

ry disruptive to

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A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

mean Mr.

ace him?

we did. Yes, we

entlernan's name.

had filed a

inst the City?

± day.

led a lawsuit

a lawsuit

s that involved

don't know as

e painting job

129

Did y'all replace Mr. Harris

Moorer?

Have we replaced him?

No. When he left, did y'all :t

I don't know that we did --

did.

Who did you replace him with

Allen Conway, I believe, is

Are you familiar that Mr. Mo

racial discrimination lawsui

Not until I believe I was to

This coming Friday?

This past Friday.

So you didn't know that he h

against Mr. Johnston?

No.

Mr. Johnston never told you?

No, sir.

You didn't know that he had

against Mr. Provitt?

I knew there were some court C

Mr. Provitt and Mr. Moorer,

to what they involved.

Which is a more desirable jo

or the road crew job?

Vicki H. Cl

Official Court

(334) 832-7

er

Case 2:06-cv-00672-WKW-WC Document 30-7 Filed 12/27/2007 Page 21 of 31
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A.

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A.

Q.

A.

Q.

A.

Q.

A.

Q.

130

I really can't answer that q €

depends on the individual.

THE COURT: I would rat E

crew. I'm so tired of paint

scream. I'd rather be out c

just kidding.

(BY MR. BELL:)

When he was transferred - y

was transferred from the pal

Yes, sir.

Wasn't he transferred becaus

front office and talked to s L

Not that I'm aware of.

Okay. But in any event, eve

that you're talking about oc

the 18th of 2006?

Yes, sir.

So you know nothing about wh

cursed Mr. Moorer or not?

No, sir.

Are you allowed to curse you

say employees, I know they'r

Let's say your subordinates?

No, sir.

I mean, what -- if someone -

Vicki H. Cl

Official Court I

(334) 832-7

on. I guess it

ave the road

y house, I could

g grass. I'm

re there when he

ew?

had gone to the

dy?

ng that happened

d before April

Mr. Provitt

loyees? When I

your employees.

a supervisor

er

Case 2:06-cv-00672-WKW-WC Document 30-7 Filed 12/27/2007 Page 22 of 31
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A

['P

A.

Q.

A.

Q.

A.

Q.

A

131

1 cursed a subordinate, would

policy?

We have -- we have a departm

don't know if it's a city p0

departmental policy that sta

employees, it is our respons

courteous at all times.

Well, let me ask you, if som

Prov±tt told Mr. Moorer to g

lot, do you think that would

behalf?

I -- no, sir, I don't think

You don't think it would be

No, sir.

You wouldn't do that, would

No, sir.

If someone was failing to ob

what means do you have to di

At the time you can call the

formal hearing. If they con i

disruptive and you, as I've

a threat, if I ask them to 1

want to leave on their own,

that I have the right to con

department and have them esc

Vicki H. Cl

Official Court I

(334) 832-7

be against

policy. I

But we have a

hat as city

ty to be

-- if Mr.

s ass off the

ourteous on his

eous?

direct order,

me that person?

to the 1t for a

to be

deem them to be

and they don't

1 inform them

the police

I off of city

er

Case 2:06-cv-00672-WKW-WC Document 30-7 Filed 12/27/2007 Page 23 of 31
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Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

to obey a direct

subordination?

ubordination,

linary on them;

the things that

you?

ons.

2

since you

t.

gned to paint

a pole and who

132

property.

Well, but if someone has refi

order, do you consider that

Insubordination.

Insubordination.

Yes, sir.

And then if someone is reall:

you have a means to file a d

isn't that correct?

Correct.

And, indeed, that would be o

you would have to consider?

Yes, sir.

But you wouldn't curse him,

No, sir.

Not out loud, would you?

No, sir.

MR. BELL: No further q

THE COURT: Anything fu 1

MR. CHAFFIN: Just a ii 1

touched on the discriminatio

REDIRECT EXAMI

BY MR. CHAFFIN:

What do you know about who's

the higher parts of a buildi

Vicki H. Cl

Off icial Court R4

(334) 832_7p

Case 2:06-cv-00672-WKW-WC Document 30-7 Filed 12/27/2007 Page 24 of 31
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A.

Q.

A.

Q.

A.

A.

A.

o one job.

here's five

in time, any one

nt high areas or

ever assigned

hese crews?

w that Mr.

is black.

y had Curt Hayes

ithout being

re's either two

acks and three

t are black to

ignment?

ifically is

s on that crew

more than

that sort of

133

1 is assigned to lower?

No one specifically is assigi

There are - - on our paint crc

individuals. At any given p

of those five individuals cai

low areas. Not one individu

to either paint high or low.

What's the racial compositioi

The foreman - the crew -- t]

Moorer was on, Mr. Bernard H

That's the supervisor?

Yes, sir. He's the foreman.

on the crew who is white. I

able to draw names, I believi

whites and three blacks or t'

whites on the crew.

Is it customary for just tho

paint the upper portions of

No, sir. Like I said, no on

assigned for one thing. Cur

loves getting in the bucket

anybody else on the crew.

So he would volunteer for it

thing?

Yes, sir.

Vicki H. Cia

Official Court Rc r

(334) 832-77

Case 2:06-cv-00672-WKW-WC Document 30-7 Filed 12/27/2007 Page 25 of 31
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Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

q

s black?

cy, but let me

oreman was

was painting

would that --

ing wrong with

lamed to me. I

love certain

then if he had

134

MR. CHAFFIN: Thank Youf1

RECROSS EXAMI

BY MR. BELL:

What color is Curt Hayes?

Sir?

What color is Curt Hayes?

White.

What color is Tommy Kilgore?

White.

And what color is Chris Mile

He's white.

He's white. And so Mr. Prov:

Correct.

And Mr. Moorer is black?

Yes, sir.

Now, I know you say it's the

just ask you. If Mr. -- if

making sure that only Mr. Pr

high except in the bucket tr

would you find there to be S

that?

Not if the individual hasn't

mean, sometimes I have peopi

parts of the job.

Well, my question is like, w

\T±cki H. Cl

Official Court I

(334) 832-7

er

Case 2:06-cv-00672-WKW-WC Document 30-7 Filed 12/27/2007 Page 26 of 31
I

CERTIFICA

STATE OF ALABAMA

COUNTY OF MONTGOMERY

139

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I, VICKI H. CLARK, OFFICIAL

FOR THE FIFTEENTH JUDICIAL C

COUNTY, ALABAMA, DO HEREBY C

REPORTED IN MACHINE SHORTHAN

HEARING AS STATED IN THE CAP

SHORTHAND NOTES WERE LATER T

UNDER MY SUPERVISION, AND TH

PAGES NUMBERED 2 THROUGH 138,

REPRESENT A FULL, TRUE AND C

SAID PROCEEDINGS; THAT I AM

COUNSEL TO ANY PARTIES IN TH

ANY WAY INTERESTED IN THE RE

DATED THIS THE 16TH DAY OF

S/Vicki H.

VICKI H. C

OFFICIAL C

REPORTER IN AND

T, MONTGOMERY

Y THAT I

FOREGO 1MG

HEREOF; THAT MY

RIBED BY ME OR

E FOREGOING

H INCLUSIVE,

T TRANSCRIPT OF

ER KIN NOR OF

OCEEDING NOR IN

THEREOF.

ER, 2007.

EPORTER

25

Vicki H. Cia

Official Court R

(334) 832-77

Case 2:06-cv-00672-WKW-WC Document 30-7 Filed 12/27/2007 Page 27 of 31
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A

q

A

A.

q

A.

135

complained to Mr. Johnston -

complained or not, do you thH

to assign the black person t

assign the whites the high j

Not trying to be contrary, b

care whether somebody is bla

yellow as long as they get t

don't assign a specific cob

That's not my question, but

question is do you think it

It would not be fair if that

sir.

Do you go out on the -- did

crew?

I -- I have roughly 180 ernpb

me. Yes, sir, at any given

employees know that I'll be

they are.

But you're not -- I mean, on

were not there every time th

more -- you're the superviso

Correct. I'm the assistant

responsible for all of them.

So you really wouldn't know

what happened out there, wou

ther he

t would be fair

gh jobs and not

r. Bell, I don't

h±te, green, or

b done. So we

a specific job.

erstand. My

be fair?

happening, no,

o out with your

that work for

in time, my

e job site where

paint crew, you

inted; you're

tor. I'm

s you were there

U?

Vicki H. Cl

Official Court I

(334) 832-7

er

Case 2:06-cv-00672-WKW-WC Document 30-7 Filed 12/27/2007 Page 28 of 31
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questions.

Monor.

ones.

have.

this is what I

ur best witness

I say that is

ned between

that was, I

yen got to that

:r. Moorer, he

ause Mr. Jones

he was on the

'out there from

tion of doing

t right in.

ill put it this

ovitt said get

't come back,

a problem; they

ah, blah.

136

A. Correct.

MR. BELL: I have no fu

THE COURT: Anything fu

MR. CHAFFIN: Nothing,

THE COURT: Thank you,

appreciate it.

THE WITNESS: Thank you.

MR. CHAFFIN: That's al

THE COURT: All right.

think, guys. Actually, I th

was Mr. Stinson. And the re

it's obvious that something

Mr. Moorer and Mr. Provitt.

don't know. However, before

point, there's no question t

knew he was going to be fire

had told him. He knew that'

grass-cutting group, and he

the jump with absolutely no

anything and wanting to be b

Now, when he went -

way. If -- let's just say M H

your ass off and he left and

then I would say, yeah, we'v

never sent him anything, bla

Vicki H. Cl

Official Court er

(334) 832-7

Case 2:06-cv-00672-WKW-WC Document 30-7 Filed 12/27/2007 Page 29 of 31
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137

However, Mr. Moorer on his o

see Mr. Briddell because he' H

know, hey, I'm going to go s

Briddell calls him, and ther

Mr. Briddell told him if you

three days, it's job abandon

Now, like I said, I

to clean up their policy on

doesn't have anything to do

specifics about what happene

There's no question

if he didn't come back, he w

know, that's just the facts.

upholding the fact that Mr.

entitled to his unemployment

he -- you know, job abandonm H

that's based on the evidence

today. Okay.

MR. BELL: Okay.

THE COURT: Thank you,

I hope everyone has a nice a

someone wants to get me an o

to get me an order?

MR. CHAFFIN: Yes.

THE COURT: Okay. And

lition goes to

vy enough to

Briddell. Mr.

no question that

t come back in

k the City needs

but that

you know, the

Mr. Moorer knew

ne, and, you

you know, I'm

r is not

ensation because

which, you know,

the Court heard

s and gentlemen.

con. And if

- - do you want

sure Mr. Bell

Vicki H. Cl

Official Court I

(334) 832-7

er

25

Case 2:06-cv-00672-WKW-WC Document 30-7 Filed 12/27/2007 Page 30 of 31
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11 II 138

1 looks at it.

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Vicki H. Cl

Official Court R

(334) 832-7

Case 2:06-cv-00672-WKW-WC Document 30-7 Filed 12/27/2007 Page 31 of 31
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IGINAL

ELAT IONS

* *

S, taken

at The

ation, 1060

me r y,

er 25,

ately

r i d g e t t e

f Alabama

* *

MERRILL LEGAL SO1UTIOP

Court Reporting*Legal Videography*Trail

Pagel

STATE O ALAS1]

BOA.n3

*wAm&com -b I

DEPARTMENT OF •INDUSTRI

MONTGOMERY, ALA

IN RE: Anthony B. Mo•orei

City of Montgomei

* * * * *

TESTIMONY AND PROCEET

before The Board of Appe

Deparèrnent of Industrial I

East South Boulevard, Mo

Alabama, on Wednesday, 0

2006., commencing at appr

1:00 p.m., and reported

Mitchell, Court Reporter

Commissioner for the Sta

at Large.

* * * *

1933 Richard Arrington Jr. Blvd.S*Birmingham, Al ink.com

1-800-888-DEPO

Case 2:06-cv-00672-WKW-WC Document 30-8 Filed 12/27/2007 Page 1 of 21
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MERRILL LEGAL. SOUJTIOt'

Court Reporting*Legal Videography*TraiJ I

MS. WEBSTER: We

welcome you to the .10:00.

the board of appeals hear t

Wednesday, October 25, 20

Montgomery, Alabama. •Sea

today is the board of app H

immediate right is Board

Jones.

MR. JONES: Good

MS. WEBSTER: in

the chairman of the board.;

Mr. John Screws.

MR. SCREWS.: Goo

MS. WEBSTER: To ii

right is Board Member Mr

MR. BLEVINS: Goc

MS. WEBSTER: Ou

reporter this morning is 1

Mitchell. My name is Fr

and I serve as officer o

appeals.

In approximately fou

decision of the Board wi.1

Page 2

d like to

docket of

for

in

before you

To my

er Mr. Don

ing.

center is

appeals,

rning.

immedi ate

e Blevins.

orning.

urt

dgette

na Webster

.e board of

eks, the

e mailed to

1933 Richard Arrington Jr. BIvd .S*Birmlngham, Al legalink.com

I -800-888-DEPO

j 1111.

Case 2:06-cv-00672-WKW-WC Document 30-8 Filed 12/27/2007 Page 2 of 21
MERRILL LEGAL SOLUTIOk

Court Reporting*Legai Videographyrail

1 the address of record of

2 and the address of recordi

employer • . by certified mai

receipt requested. If yo

for the decision, it will

6 to our office. If you di

the decision of the Board,

8 appeal that decision to t

court of the county in wh

10 claimant lives. The appe

11 filed within thirty daysL

12 decision becomes final.

13 remind you that this is

14 administrative hearing a

15 for perjury is the same

16 law.

17 We are requesting th

18 loudly as you present yo ,

19 that you may be clearly

20 board members as well as

21 reporter. We are also

22 you turn off and/or disc

23 phones and/or pagers as

Page 3

claimant

the

eturn

not sign

returned

:ee with

)U may

i rcui t

the

nust be

r the

like to

he penalty

fly court of

ou speak

estimony so

d by the

our court

sting that

Ct all cell

as any

1933 Richard Avrington Jr. Blvd.S*Birmingharn Al kcom

1-800-888-DEPO

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Page 4

r appeal.

Moorer,

come

of

ase raise

to the

ret.

aed

Harris.

ey for

er

tt.

ployer

rd-year law

.Iegalink.com

MERRILL LEGALSOLUTIOI4

Court: Reporting*Legal Videography* .TraU rjI

taping devices. Thank yoi..

Case No. 10 is an emp.

Will the claimant, Anthon

and his attorney and witn

forward. And the e.mp.loye

representatives from the :

Montgomery?

As I call your names,

your hands for identifica

Board. Claimant, Anthony

(Claimant raises hanc1

MS. WEBSTER: Sub

witness for Mr. Moorer, T

(Mr. Harris raises h

MS. WEBSTER: At

Mr. Moorer, Fred Bell.

(Mr. Bell raises han

MS. WEBSTER: Em

representative, Thomas P

(Mr. Provitt raises

MS. WEBSTER: An

representative / at t o.rne 7,

student, John Craft.

1933 Richard Arrington Jr. Blvd .S*Blrmingham,AI 0

1-800-888-DEPO

Case 2:06-cv-00672-WKW-WC Document 30-8 Filed 12/27/2007 Page 4 of 21
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al, Micky

raise your

oned were

ig to go

t before we

rs. And I

attorneys

y e hearing

aw. All

me the

not apply.

nity to

• I'm just

S.

more

y e heard

id we're

reasons,

MERRILL LEGAL 'OLUtIOi ...-

Court Reporting*Legal Videographyirail Sfr

Page 5

(Mr. Craf.t raises hand.

MS. WEBSTER: Par 1

Hill.

(Ms. Hill raises hand)

MS. WEBSTER: Ple

right hand for the oath.

(Whereupon the aforem'

sworn in.)

MR. SCREWS: I'm

ahead and cite the case. L

get started, we've got la'

just wan.t to explain to E

that this is an administ H

only; it is not a court

we're trying to do is de

fact's. Rules of evidenc

You will be given an opp

cross-examine both witne,

tryin,g to determine the

Now, this case is ii

complicated than usual. H

this case one time befor

hearing it again, for sev

193 Richard .Arrington Jr. BIvd.S*Birmingham Al . ' .Iegalink.com

1-800-888-DEPO

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Page 6

questions

So what

Id and cite

fore and

have taken

cie hearing.

at, we can

ly.

let me just

get in the

he record

sure

we are.

ring the

have

s that.

w, I'm

everybody

in this

dy straight

d what

it's

MERRILL LEGAL SOLUTk.

Court Reporting*Legal Videography*TraiI. E

but I want the -- to ask

to properl.y establish tha

I'm going to do is to go

the case as it was decide

explain the occurrences t

place since the administri

If you'll be patient wit

go through that fairly q

The initial case --

go ahead and cite the ca

dates, s.o we can establi i

and get that clear and m k

everybody understands wh r

This is a second time ofh

same facts, unless the f c

changed; we'd have to ad

The administrative h

officer -- what I'm doin

going to let Mr. Blevins

what everybody's capacit

case. And let's get eve

about who the parties ar

their involvement is ancH

1933 RichardArrington Jr BIvd.S*Birmingtiarn, Al corn

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Let's

• The

was your

t is your

nt

nt

ance

ou the

involved

ked in your

other

2

MERRiLL LEGAL SO1...UTITS

Court Reporting*Legal Videography*Trail ri

Page 7

firsthand knowledge.

MR. BLEVINS: OkH

start with the employer f.

employer representative,

name, Provitt?

MR. PROVITT: Yes.

MR. BLEVINS: Andr

position with the employe H

MR. PROVITT: Ass

director.

MR. BLEVINS: Ass

director of what d•epartmE

MR. PROVITT: Ma

department.

MR. BLEVINS: We. €

supervisor of the claima. i

MR. PROVITT: I

with him.

MR. BLEVINS: He

department --

MR. PROVITT: Ri

MR. BLEVINS: --

words? Okay. And Mr. q

1933 Richard Arrington Jr. Blvd.S*Birrningham, Al

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Page 8

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're a city

clerk.

rk with

rently

ledge?

here to

rrect,

er here, of

ned by the

is it?

Thank you.

ust go

wiegalink.com

MERRILL LEGAL SOLUT5

Cout Reporting*Legal Videography*Trail

MR. CRAFT: Yes.

MR.. BLEVINS: And

employee?

MR. CRAFT: I'm a

MR. BLEVINS: Law

the city. Okay. So you

don't have any firsthand

MR. CRAFT: No, s

MR. BLEVINS: You

represent the city?

MR. CRAFT: That'

sir.

MR. BLEVINS: An

paralegal, the same situ

MS. HILL: Yes,

MR. BLEVINS: An

course you're the witnes?

MR. HARRIS: Rig: t

MR. BLEVINS: Su

claimant and the -- Mr.

MR. BELL: Yes.

MR. BLEVINS: Ok

MR. SCREWS: We'

1933 Richard Arrington Jr. BIvd.S*Blrmingharn, Al

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II

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Page 9

to it as

s has a

5, you

oyer

r who

on

at ive

r removing

ng the

ant to

ily leaving

as heard by

6, at which

decision of

fficer

rom

to the same

.legalink.com

MERRILL LEGAL SOLUTlO

Court Reportiflg*Legal Videography*Trail S

ahead. And I will refer b

I address the witnesses.

MR. BLEVINS: Mr.

copy of it.

MR. SCREWS: Mr. L)

have a copy?

MR. SCREWS: The

appealed the decision of

administrative hearing of

conducted a telephone hea

June 29, 2006. The admin

hearing officer reversed

determination of the exan1

the disqualification, gr t

claimant with benefits pi

section 25-4-78(2), volui

work without good cause.

This particular appe

this panel on August 25,

time the Board reversed

the administrative heari

disqualifying the claimaH

receiving benefits pursu

1933 Richard Arrington Jr. BlvdS*Birrningharn, Al

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Page 10

statute. We're hearing th1 , ase

again, so we'll basically t over

again as if it were not h , bringing

any pertinent facts that ave not

heard before, and try to a

resolution of the case.

We'll begin questioni f both

parties. Since this is a untary

leave of work, burden of f is on

the claimant. And we'll Mr. Moorer

whether he was fired, lai f, or

terminated.

MR. BELL: Let me : Is the

burden on him?

MR. SCREWS: The den of

proof in our (2) cases a e -- is on

the claimant.

MR. BELL: Claim

MR. SCREWS: On (2).

MR. BELL: They aled to

this -- with all due res . The

appeal --

MR. SCREWS: Yo got to

1933 Richard Arlington Jr. .BIvd .S*Bir.mingharn, Al :,ww.legaIink.com

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5 way.

the

he fact

If we can

ily quit,

ant can

nd if we

arily

n at that

prove

ed. Is

t I'm

ant first

g with

he

he

was he

ired.

e fired?

ou please

MERRILL LEGAL SOLUT(OI

Court Reporting*Legal Videography*irO

Page 11

prove -- let's just do it

We've always addressed the

claimant first to establi.

whether he voluntarily qu:

establish whether he volui:

then that can be -- the c

deny or affirm that point

decide that he did not vo

quit, the burden of proof

time falls on the employe

that he was actually term

that -- do you understand

saying? We address the c

on a (2) issue.

So let's begin quest:

a -- on a voluntary -- w:H:

claimant and ask him wheH

voluntarily quit this jo

fired or terminated?

MR. MOORER: I w

MR. SCREWS: You

MR. MOORER: Yes,

MR. SCREWS: Cou

1933 Richard Arrington Jr. BIvd.S*Blrmingham, Al

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ich

firing or

at was

or

April 17,

talked to

r -- and I

t her

ld it be

you know,

e, said

d she's

i.ness. If

g about

Coop. So I

on that day

in the

wn into the

they

room, and I

aid, Well,

MERRILL LEGAL SQLUTIQ.

Court Reporting*Legat Videography*Trail S r

describe the circumstance5h

immediately preceded to t1

termination and the reaso

given to you for being fi:E

t e r m i i at e d.

MR. MOORER: Yes.

'06, I ha.d went up front

Cathy -- she is the timek ,

had asked her, you know,

ex-husband Tim, you know,

okay if I can talk with h

after the job. So she tc

they was no longer marriE

not going to discuss his

I wanted to find out any

him, I'd have to ask him c

said, Okay, fine. So la

after lunch I was called

police department to com

office. So when I got t

asked me to sit in the b.

asked them for what. T

we'll let you know --

1933 Richard Arrington Jr. BIvd.S*BLrrnin:gham, Al 5

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Page 13

let's go

orking

all this

rking at

ey pulled

asked me

ere

ent --

Painting.

you made

zas

ed in, and

r office

signment up

nt.

ht.

to her

were

at that

MERRILL LEGAL SOLUTIO

Court Reporting*Legal Videography*TIl! .S

MR.. SCREWS: Let rn

back a little bit. Were

for the -- where were you h

took place?

MR. MOORER: I wa L

the police department whe

me off the job assinrnent'

to come and --

MR. SCREWS: So i

working at the police dep

MR. MOORER: Righ.

MR. SCREWS: -- w

this conversation?

MR. .MOORER: No.

working -- we just had p

I walked in, you know, t

before we went on our jo

ther.e to the police depaH

MR. SCREWS: All

MR. MOORER: I w

office that morning.

MR. SCREWS: An

doing -- what were you

1933 Richard Arrington Jr. BIvdS*Birmingharn, Al

I -8OO888-DEPO

II

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Page 14

h!KSII

painting?

sked the

en -- they

u, your

Harris,

ervisor.

sked them

aid he

back to the

Doug

sor, Roger

t. was the

asked

sit in the

he day. And

d, We'll let

vww.Iegahnk.com

MERJLL LEGAL SOLUTtO. I

Court Reporting*Legal Videography*Traii 

Shii

time? What kind of work

doing?

MR. MOORER: Pain!I

MR. SCREWS: You

MR. MOORER: Yes.

MR. SCREWS: So y

lady the question and the

came and got you. Who go

supervisor?

MR. MOORER: Berr

yes, my supervisor.

MR. SCREWS: You

And then what happened?

MR. MOORER: And -

what did they want, and

didn't know. So when I

office down there, there

Jones; my immediate supe

Johnson, Jr.; and I thin

director, Jimmy Wise.

them -- they told me to j

bull room for ihe rest

I asked them why. They

1933 Richard Arrington Jr. BIvd.S*.Birmingham, A

I -800-888-DEPO

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Page 15

said,

today?

e. They

ou know in

I went

e office

ent me to

to go

e come

nedi ate

and they

d code

nt and

at' S

after

going to

)Ut yOU Ofl

ey came --

think of

1. He's a

rew --- and

e onhis

MERRILL LEGAL SOLUTIOt

Court Reporting*Legal Videography*TIar1 S c

you know in the morning.

How come you can't let me

You pulled me off the job

said, Mr. Moorer, we'll U

the morning.

So when the morning c

down there to meet them a

like they told me. So th

Mr. Provitt's office, tol

have a seat in there. So

Jimmy Wise., you know, the

director. And they came

told me, they said I via:

section 6 and 7, saying

talked to an employee an

against the city policy.

that, they said, Well, w

take you off the truck

the grass crew. By then

they brought in -- I car

this guy's name, but --

supervisor over the gra

told me they were placi.

1933 Richard Arrington Jr. BIvd.S*Birmingham, Al

I -800-888-DEPO

Case 2:06-cv-00672-WKW-WC Document 30-8 Filed 12/27/2007 Page 15 of 21
MERRLL LEGAL SOLUTtOi,

Court Reporting*LegaI Vicleography*Traiv

Page 16

I truck. • So they asked me

2 boots I wear and I t . old tI E

got me some safety goggle

So after later on

minute. Okay. When they

6 they told me the next day

and punch in at their off

8 outside the door. So theL

over with and we went to

10 And he took me to the jo

11 asked the supervisor, Bi],

12 what time was break. He

13 take break on this truck

14 just get some water, sta]

15 minute and go back to wo

16 Well, what time is lunch

17 have lunch on this truck.

18 Well, let me -- take me

19 want to talk with Gill.

20 in and said, Ten to base

21 Mr. Moorer wants to come

22 told them to bring me ii

23 had him to drop me off 1 :

-

1933 Richard Arrington Jr. BIvd.S*Birmiflgharn, Al

1-800-888-DEPO

size

and they

ait a

d that,

come in

right

?ting was

truck.

te. And I

you know,

d, We don't

e. You

p for a

I said,

e don't

said,

in. I

they called

n to base,

So they

So when I

here to get

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Page 17

ie slot.

all my

me to

down

o I told

Ur resign

ng no

ur ass off

, I said,

inted,

and I left

.e. And

ht.

, you had

1 17, 2006;

right.

Ls happened

t. day of

MERRILL LEGAL SOLUTIONbCourt Reporting*Legal Videography*TraU S

my card, my card was out o

And I picked up the phone

lawyer, and by then here

Mr. Provitt, yelling, tèi

hang the phone up and com

there and sign the papers,

him, What paper? He said

paper. I said, I'm not s

paper. He said, Well, ge

the lot. And I walked to

Cuss me again. He said -

just like that (indicatin)

and went to the mayor's

that's what happened

MR. SCREWS: All

According to the record

worked since 2003 until

is that correct?

MR. MOORER; Tha

MR. SCREWS: An

on - wa.s April 17 yoiir

work?

MR. MOO.RER: Ap

1933 Richard Arrington Jr. Bvd$*Birrnin9ham,

i.8OO-B884EPO

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Page 18

This

e 18th?

tion took

e are you

m asking

ys, The

layer on

tion,

loyee or

you just

ck and --

s on the

issue for

gnat ion

hat was on

as on the

- - MER1fLL LEGAL SOLUTIQN

Court Reporting*Legal Videography*Trai! S

MR. SCREWS: April

conversation took place on

MR. MOORER: Conve

place -- which one? Whic

talking about?

MR. SCREWS: Well

what you just told me. I

claimant last worked with

April 17, 2006.

MR. MOORER: Cony

which one, talking to the €

with --

MR. SCREWS: TheJJoj

told me, you went to the

MR. MOORER: Tha

18th.

MR. SCREWS: --

you to sign a letter of

MR. MOORER: Ye

the 18th.

MR. SCREWS: Th

18th?

MR. NOORER: Ri

1933 Richard Arrington Jr. BivdS*BIrrningham, .4i 3*w\

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• MERRILL LEGAL SO1MVIONS

Court Reportng*Legat Videography*Trai$

Page 19

happened

you

and just

You went

MR. SCREWS: And W.

after that conversatiofl?

leave -- did you go away t

leave work and not call b

to see the mayor.

MR. MOORER: Yes,

mayor's office.

MR. CRAFT: Mr. S

• MR. SCREWS: Wait

please. Did they ever te

were being taken from the

to the grass crew?

MR. MOORER: Yes.

because I violated code L

7. I went up front and

Cathy, had a conversatio

MR. SCREWS: Did

weren't supposed to do t.

MR. MOORER: Tha

rule. All I did was jus

and asked her a questioH.

MR. SCREWS: We L

any -- we'll ask the em

1933 Richard Arrngton Jr. BIvd .S*Birmingham, A

1-800-888-DEPO

ent to the

s?

mute,

ou why you

nting crew

hey said

ion 6 and

ed to

th her.

know you

not in a

nt up there

is there.

er if there

www.tegalink.com

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The reason

t Michael

ney sent me,

oard saying

.Iegalink.com

MERRILL LEGAL SOLUTION

Court .Reporting*Legal Videography*Traii

Page 20

such a

that was

md of

n inmate

is such a rule or there's

rule. But you did not rea

any kind of violation of a

policy, to talk to -- is s

at the jail?

MR. MOORER: No,

the timekeeper down at th

MR. SCREWS: Were

your post when you were t

MR. MOORER: Just

in and came down there an

her, because Bernard, it'

like, ten minutes to corn

there and pick us up. H

from the paint shed.

MR. SCREWS: The

we conducted herd on Aug

were not present. Is th

for that?

MR. MOORER: Ye.

why, because the 1etter

Borden, what the city a

I thought it was from

1933 Richard Arrington Jr. Btvd.S*Birmingharn,

I -800-888-DEPO

no. She's

ty lot.

away from

ng to her?

3 punched

lked to

ke him,

front

cks us up

ring that

25, you

a reason

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MERRILL LEGAL 8OLUTIO

Court Reporting*Lega.I Videography*T

that Mr. Provitt was goi

town on the 25th and the

for a request for a cont

by my knowledge, I didn'

thought it was, like, sel

another hearing. That's

here.

MR. SCREWS: We

that particular letter.

I just wanted to make th ,I

record. It is your stat

were not present for the I

because of that letter?

MR. MOORER: Yes

knowledge, you all didn'

know anything about that

MR. SCREWS: The

statements in the -- we

and correspondence in th

that stated that you had

stated that you were j.us

this job because basical

had been doing to you; i

1933 Richard Arilngton Jr. BIvd.S*Birmlngham, AL

1-800-888-DEPO

Page 21

o be out of

5 actually

nce. And

ow--I

g up for

I wasn't

a copy of

have that.

art of the

t that you

ring

nd from my

didn't

ter.

re several

letters

le here

you had

ing to quit

r hat they

Lat correct?

m

Case 2:06-cv-00672-WKW-WC Document 30-8 Filed 12/27/2007 Page 21 of 21
MERRILL LEGAL SOLUTION —

Court Reportlng*LogaI Videography*Traft

Page 22

1 MR. MOORER: No.

2 MR. SCREWS: We wil ake

3 I'll go ahead and ask the hue

4 we're here, we'll ask ques I s of the

5 employer representative. will

6 speak for the employer, p1 e?

7 MR. CRAFT: I'll irst, if

8 you don't mind.

9 MR. SCREWS: You' he lawyer

10 for the department?

11 MR. CRAFT: Yes,

12 MR. SCREWS: Do ave any

13 firsthand knowledge of w appened?

14 MR. CRAFT: I ju ant to

15 introduce some affidavit at are -

16 MR. SCREWS: Thi not a

17 court of law. We're jus ying to

18 we're going to ask the q ions first

19 and then we'll take echi, s as we come

20 along if we need them. need to talk

21 to somebody who knew wh appened that

22 day, whether this claim voluntarily

left this job or was he minated.

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• MERRILL LEGAL SOLtJTtOt

Court Reporting*LegaI Vidoography*Traii Setvt

• Page 23

1 MR. CRAFT: That's 1 . Provitt.

2 MR. PROVITT: That' me.

3 MR. SCREWS: Yes, s: . Go

.4 ahead, please.

5 MR. PROVITT: Okay.. On that

6 day, I got Mr. Moorer. I pi him on

7 with Bill.Stinson. Bill St son

8 carrie.d him out on the job te. After

9 he got --

10 MR. SCREWS: This i as a

11 painter or as a --

12 MR. PROVITT: As a ass

13 cutter. He was --

14 MR. SCREWS: After had

15 already -* he'd gone to wor to paint

• 16 that day?

17 MR. PROV1TT: No, s :, not that

18 day. Not the day I got him I got him

19 the following day. I got h n on, like,

20 the 18th, the day. of the 18 h. That's

21 the morning I got him, on t e 18th. On

22 the 18th whe.n I got him --

23 MR.. SCREWS: All rf lit. Excuse

......

1933 Richard Arrington Jr. Blvd.S*Blrrnlflgharn, Al 35209* rwiegalinkcorn

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MERRILL LEGAt. SOLUTION

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Page 24

1 me. Your job at that. time s what?

2 You were the foreman of the rass crew?

3 MR. PROVITT: I'm t assistant

4 director of the maintenance .epartment.

5 MR. SCREWS: Mainte: nce.

6 Okay. Go ahead.. I'm sorry Go ahead.

7 MR. PROVITT: Okay. I got him

8 on the 18th. When I got hi I put him

9 with Bill Stinson. I told .m to go

10 out with Bill and cut grass They left

11 the lot that morning. When hey left

12 the lot, Bill called back o the radio

13 and said Mr. Moorer want • to ome back

14 in. I told him to bring An .iony Moorer

15 back in.

16 Before Anthony Moorer 1 ft out that

17 morning, I told him -- when they gave

18 him to me, I told him, Antt fly, you

19 report to me. You. do not c to the

120 carpente shop to hit the t me card or

21 nothing else. Your time c d will be

22 down h.ere at the maintenan shop from

23 now on. I told him that bE. ore he left

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MERRILL LEGAL SOLUTION

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Page 25

1

the lot that morning. Afte: he left

2

the lot, he went to the job ite.. He

3 got there on the j.ob site. y the. time

4 he got to the job sit-e, Bil Stinson

5 called me and told me Antho wanted to

6 come back in. I told him t bring him

7 back in, then. At that tim when

8 Anthony -- when Bill came d n there

9 where I was, where I was, h told me --

10 I a.sked him where Anthony w . He told

11 me Anthony was up to the ca enter

12 shop. At that time, I told ill, Did I

13 not tell you that he's not ipposed to

14 get off up there, he's. supp ;ed to come

15 down here and pun.ch out or inch in,

16 whatever? Bill said, Yeah, ou told me

17 that, but he told me he had juit. He

18 got better things to do. H quit. I

19 immediately walked out the or and

20 walked up.to the carpenter .op where

21 Mr. Moorer was. He was on he phone at

22 the time. I told him to ha g up the

23 phone and let's come back c wn here to

- -

1933 Richard Arrington Jr Blvd.S*Blrmingham,. Al 35209* w.legaUnkcom

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MEREiit.LEGA&. SOLUTO

Court Reporting*Legal Videography*TralI Serv

Page 26

1 the office where he was ass: ned. He

2 told me he had better thing to do. He

was fixing to quit. Attha time, I

said, If you're fixing to q t, come

down i.ere and sign your res nation.

6 He told me, I'm not signing othing.

That's when I told him to g off th,e

8 lot.

MR. SCREWS: This h pened on

10 the 18th?

11 MR. PROVITT: On th 18th.

12 MR. SCREWS: Why is us last

13 day working in his file on ie 17th?

MR. PROVITT: Well, ihatever

15 the last day -- I'm n.ot -- ie date --

16 MR. SCREWS: You ju don't

17 know. The last day -- your last day

18 that you -- this conversati n that you

19 had. with him was on the 18t ?

20 MR. PROVITT: I kno it was the

21 18th or the 17th. I know wa during

22 that period that I persona: y talked to

23 him.

1933 Richard Arrington Jr. jV•s*Bfrmingharn, Al 35209* w.legalink.com

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Page 27

nd what

art was a

nd part,

it should

ittle

was the

on the

rect?

s the day

a day

police

t in the

itn to me.

tme nt s

tment. He

ide, then

street

of the

back to

ken from

k.com

- MERRILL LEGAl.. SOLUTION$-

Court Reportirlg*Legal Videography*Trail Sen

MR. SCREWS: Okay.

time of day. was this?

MR. PR•QVI'rT: First

little after seven. The s.e

when he. came back to the lo

have been around eight o . r a

after.

MR. SCREWS: But th

day after he had already be

maintenance crew; i.s that c

MR. PROV1TT: That

after he had been -- th.is i

after they brung him from t

department and told him to

bull room and then assigned

See, it's two different dep

down in the maintenance dep

was on building maintnance

they transferred him to me

maintenance where I take ca

streets and the ditches.

MR. SCREWS: I'll g

Mr. Moorer. When you were

1933 Richard Arrirgton Jr. BIvd.S*Birmingharn, Al 32O9*

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Page 28

enance

ou to do

parently

was on

took

he same

in

down to

r than

ny people

were and go

hings?

Doug Jones,

supervisor

present

not

.Iegalink.com

MRRLL LEGAL SOLUIlO)

- Court Reporting'Legal Videography*Traif S

the painting crew to the m

crew, did they actually ta,;

ork that day on the 17th?

that was the 17th.

MR. MOORER: No.

the 18th.

MR. SCREWS: All

place on the 18th?

MR. MOORER: Yes.;H

MR. SCREWS: Was

so you were -- I guess th

supervisor who you said c

see you, is that someone

this gentleman here? Ho

told you to leave where

to the maintenance side

MR. MOORER: It

Jimmy Wise, and my immed

Robert Johnson, Jr.

MR. SCREWS: Wash

then?

MR. MOORER: No

MR. SCREWS: He

1933 Richard Arrington Jr. Blvd.S*Birmngham, Al

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nd

orrect?

at I

morning?

took

en you

as on the

e saying,

the day

17th.

been the

you

anybody to

17th or they

and then

ing?

egaIink.com

MERRILL LEGAL SOLUTIOt

Court Reporting*Legal Vldeography*Trail

Page 29

present. They just took y

assigned you to him; is th

MR. MOORER: That'

assumed the next morning,

MR. SCREWS: The

MR. MOORER: Yes.

MR. SCREWS: So t

place -- all -- when he -

went under his charge, th

18th, apparently. And wh

MR. MOORER: Righ

MR. SCREWS: --

when Mr. Jones came down

before, which must --

MR. MOORER: Was

MR. SCREWS: --

17th.

MR. MOORER: The

MR. SCREWS: And

actually go to -- repor

do maintenance work on

just told you to go on

report to him the next

1933 Richard Arrington Jr. Blvd S*Birrnin.gham,

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Page 30

th, I was

ter lunch

the

e to come

hat I

n the room

the bull

They

they' 11

d, Why

ou' re

e next

assigned

t it. I'm

aight,

d case. I'

tes and

ses here

owledge of

MERRILL.LESAL SOLUTO .

Court Reporting*Legal Vdeography*TraiI

MR. MOORER: On th

working already. They cam

and pulled me from up ther

police department and aske

down to the lot, and that'

done. And we had a meeti

and they told me to go si

room. And I asked them w

wouldn't tell me. They $

let me k.now the next day.

MR. SCREWS: Okay;

MR. MOORER: So I

don't you let me know now

taking me. off the job. S

morning, that's when the

me to --

MR. SCREWS: I'v

just getting my own mind

because this is a compli

want to make sure all th <

everything else is strai

Now, there's some wi

that would have firstha

1933 Richard Arrington Jr. BIvd.S*Birmingham, Al

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MERRILL LEGAL SOLUT1O

Court Reporthag*Logal VideographyTraiI S

anything that was said or

17th or the 18th. Do you

witness.es to account for

MR. MOORER: Yes.

on the 18th for a while o 

L

while we was riding out.

MR. SCREWS: You

me whether you overheard

has any bearing on whethe

gentleman either quit or

MR. HARRIS; I d

nothing about no quittin

on the truck and -- cloc

on the truck, because I

man on the truck. So we

the ditch. And then he L

man what -- do we take

that, when is lunch bre

really, we take breaks

all don't break at the

get hot, we have to tak

MR. SCREWS: We

he -- did you ever hear

Page 31

on the

C any

of that?

was there

e truck

-- tell

hing that

is

laid off.

t hear

I just got

in and got

the lead

t out to

d the boss

s and all

Well,

times. We

time. We

break.

I mean, did

--he

1933 Richard Arrngton Jr. Blvd.S'Birrnlngharn, AJ .Jegallnk.com

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MERRIt..L LEGAL SOLUT(OP

Court Reporting*Legal Videography*Tràlise

Page 32

1 didn't say he was going was going

2

to quit? Did somebody fir m that

3 day?

4 MR. HARRIS: I didh' hear

5 nothing about that.

6 MR. SCREWS: Did ear

7 anything at all about thi

8 dissatisfaction with the S and

9 breaks, anything like tha

10 MR. HARRIS: No.

11 MR. SCREWS: So y ust were

12 there? You heard --

13 MR. HARRIS: Just there.

14 MR. SCREWS: All ht. This

15 also -- this case, if I 11, had

16 some discrimination suit at had

17 alleged of prior. incideri Could you

in address that, please, si

19 MR. MOORER: Yes rack in

20 April 14, '05, we was wo g again,

21 also up there at the department,

22 painting the outside. the wind was

23 blowing that day and my ediate

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MERRIL.L LEGAL SOLUTIQK.

Court Rport4nq*LegaI Videography*Traii

supervisor, Bernard Harris,

got borrowed a budket t

engineering. And we was p

the flagpole. I was doin

work and Bernard was dam

work. And he was asking

slower because the wind w

it was blowing the paint

aluminum paint. And I to

couldn't roll any slower.

any slower, I'd just have

stop. Because, see, alu

the wind gets it, it's g

it. So, therefore, he's

between cars wiping pain

Then he yelled up there

I told you to roll slowe

can't -- Bernard, I can'

slower than what I'm air

said, Well, when we get

going to wash the truck.!

when I told 1 wasn't got.

truck because mother na

1933 Richard Arington Jr. BIvd.S*fiirmingham,

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Page 3

nt and

from

ing on

e high

e lower

o roll

lowing and

, that

irnl

I rolled

, you know,

paint, if

to carry

king around

f of cars.

said that,

I said, I

11 any

doing. He

k, you're

nd that's

to wash no

done this

nk.com

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MERRILL LEGAL SOLUTION

Court Reporting*Legal Videography*Tr.aH

Page 34

ess out

d they.

me five

here and we ain't got no.

here painting in the wind.

wrote me up for that and g

days off.

MR. SCREWS: And

discrimination suit over

MR. MOORER: No.

discrimination, see, over

whole year and a half aim

doing all the high work a

never let the white guys

work. Only time they doi

work is when they qo and 1JE

what they call the bucked

It's -- the name of it w±

something that I couldn'

the time. I was always

MR. SCREWS: Tha '

questions I have at this

ask the other panelists

their concerns. Mr. Jo:e

MR.. JONES: Bef

the questioning of the

1933 Richard Arrington Jr. BIvd.S*Birmihgham A

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filed a

incident.?

iled a

re for a

I was

7ouldn ' t

:he high

he high

the --

uck.

he outlaw,

erate at

:he ladder.

all the

me. I would

address

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Page 35

be 1 i eve

on

QU

Ut job

was the

ond.

is job on

ndoned his

er?

right,

St.inson

MERRILL LEGAL SOLUflONS

Court Reporting*LegaI Vldeography*TraiI Sefrii

to ask Ms. Hill a question.

there's a request for sepa

information in the file th

signed. Do you remember t

MS. HILL: Yes, si:

MR. JONES: nd yi

abandonment?

MS. HILL: Yes, s

MR. JONES: What

claimant out?

MS. HILL: Just a

We've got that he abandon

Z\pril 19. H

MR. JONES: So hE

job on l2bpril 19?

MS. HILL: Corre

MR. JONES: Mr.

MR. MOORER: Yes

MR. JONES: Is t

Mr. Moorer?

MR. MOORER: Yes

MR. JONES: Did I

take you out to ajob s:' :

1933 Rchard Arrington Jr. Btvd.S*Brrningharn, PI 5

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Case 2:06-cv-00672-WKW-WC Document 30-9 Filed 12/27/2007 Page 14 of 24
ou were

nt out to

r. Stinson

that you

n ymo r e?

old him to

1k to Gail

r told him

here no

tinson ask

to work

didn't ask

itt?

ir.

is that

ir.

iegaknk.com

MERRiLL LEGAL SOLUTIONS

CourtRepoi-tingiega Videography*Trail Seji

Page 36

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MR. MOORER: Yes.

MR. JONES: He did

in the truck with Mr. Stin

MR. MOORER: Yes.

MR. JONES: And yo

the job site. Did you tel

to take you back to the ic

weren't going to work the

MR. MOORER: No.

take me back to the lot t

Gibson, the director. I

that I wasn't going to wo

more.

MR. JONES: Did M

you if you were going to

the next day?

MR. MOORER: No, IE

me.

MR. JONES: Mr.

MR. PROVITT: Ye

MR. JONES: Prov

correct?

MR. PROVITT: Ye.,

1933 Richard Arrington Jr. Bivd.S*Birmingharn, Al

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MERRILL LEGAL SOLUTIOt

Court Reporting*Legal Videography*Trail Ser es

Page 37

1 MR.. JONES.: Mr. Pro it, you

2 saw Mr. Stinson and the cia nant leave

your area there in a truck, r vehicle,

to go to a job site?

MR. PROVITT: They ?ft the

6 lot --

MR. JONES: Did you ;e them

8

leave?

MR. PROVITT: No, s , I did

10 not see them leave the lot.

11 MR. JONES: You saw :hem what?

12 MR. PROVITT: I did xot see

13 them leave the city lot, no sir.

14 MR. JONES: And you old

15 Mr. Stinson what?

16 HR. PROVIT.T: I tol

17 Mr. Stinson to take him out here and

18 put him to work on the gras crew, to

19 cut grass and work just lik the rest

20 of the men.

21 MR. JONES: Did you eli

22 Mr. Moorer that -- what lie . s going to

23 be doing?

- - t________ -

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MERRILL LEGAL SOLUTtOK

Court Roporting*Legal Videography*Trail Servi

Page 3'

1 MR. PROVITT: Yes, r. I told

2 Mr. Moorer him he would be tting

grass.

MR. JONES: What di he say?

MR. :PROVITT He sa I okay.

6 MR. JONES: And the were gone

for a while. And I believe ou

8

testified..Mr. S€inson calle you?

MR. PROVITT: Yes, .r.

10 MR. JONES: Right?

11 MR. PROVITT: Yes,

12 MR. JONES: He call I you?

13 MR. PROVITT: On th radio,

14 two-way radio?

15 MR. JONES: On the adio?

16 MR. PROVITT: Yes, jr.

17 MR. JONES: And wha did he

18 tell you?

19 MR. PROVITT: He t d me, he

20 said, Mr. Moorer wants to ( me back in.

21 MR. JONES: Did he eli you he

22 wasn1t going to cut grass?

23 MR. PROVITT: No. e d.idntt

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MERRILL LEGAL SQLUTIOP

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Page 39

1 say nothing at the time abo --

2 MR. JONES: DidnTt iy

anything. Just said he wan ?d to come

back?

MR. PROVITT: Mr. N rer wants

6

to come back in.

MR. JONES: D±d you i.sk him

8 why?

MR. PROVITT.: No, s :. I told

10 him to bring him back in if ie wants to

come back in.

12 MR. JONES: So he b ought him

13 back in?

14 MR. PROVITT: Yes, ir.

15 MR. JONES: To you?

16 MR.. PROVITT: No, h did not

17 bring him back in He was ringing him

18 in to me, but Mr. Moorer gc off at the

19 carpenter shop.

20 MR. JONES: Oh, he idn't get

21 back to you?

22 MR. PROVITT: No, r. He got

23 off to --

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Page 40

MR. JONES: Before F got to

you?

MR.. PROVITT: BeforE he got to

me.

MR. JONES: Did you et out

of the truck before you got o

Mr. Provitt?

MR. MOORER: Yes. go get my

time card. Because they to: me to

punch in the next day at th r office

on the outside.

MR. JONES: Wait a flute.

Wait a minute. You got off .t the

carpenter shop?

MR. MOORER: Yes.

MR. JONES: To get ,ur time

card?

MR. MOORER: Right. Because

that's where I always --

MR. JONES: Why?

MR. MOORER: -- pun i in? Why?

MR. JONES: Why?

MR. MOORER: Becaus that's

-. - -

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Court Reporting*Legal VI.deography*Trail ServE

Page 41

1 where we --

2 MR. JONES: Well, yc: told

3 Mr. Stinson to take you bad to the --

4 MR. MOORER: The lo to talk to

5 Gail Gibson.

6 MR. JONES: Yeah. ] t in the

7 meantime, prior to your get ng there,

8 you got off at the carpente shop?

9 MR. MOORER: Becaus that's

10 where my time card -- I'd b n punching

11 in there for two years, rig there.

12 That's where I got off at.

13 MR. JONES: What di you need

14 your time card for?

15 MR. MOORER: Becaus they told

16 me the next day to punch ir down there.

17 MR. JONES: Wait a mute.

18 They told you the next day. What did

19 you need your time card fo that day

20 when you were on your way 1 ck to this

21 fellow's business?

22 MR. MOORER: Becau: they told

23 me not to punch in there a rmore, SO I

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MERRILL EL 5OLUQ

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was getting my --

MR. JONES: Who tol --

MR. MOORER: -- tim card.

• MR. JONES: -.- you iat?

MR. MOORER: Mr Pr r itt and --

MR. JONES: When?

MR. MOORER: -- Dou Jones.

MR. JONES: When?

MR. MOORER: The 18 1. Said,

Don't go back to --

MR. JONES: Wait. et's --

1et' go-- when you were ta en out by

Mr. Stinson, Mr Stinson ca led and

told Mr. Provitt. Mr. Pro\ tt talked

to him. He told you to bri g him back;

is that right?

MR. PROVITT: Righi

MR. JONES: Okay. ow, you

were on your way back, but ou got out

of the truck at the carpen r.shop to

get your time card?

MR. MOORER: Right

MR. JONES: Now, t 1 me again,

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MERRILL LEGAL SOLUTIO

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Page 43

why did you get out at the c rpenter

shop on that day when you we e asked to

be brought back to get your irne card?

MR. MOORER: I askec them to

bring me back so -- because hey told

m.e that they -- that morninc when we

had the meeting, do not go ck up

there and punch in anymore, ome down

to their office and punch i Thatts

why I wanted to get my time ard., to

take it down there.

M. JONES: Did you ret your

time card?

MR. MOORER: It was :emoved

before I got there.

MR. JONES: Did he et you out

of the truck and wait on y r? Were

you in a truck?

MR. MOORER: Yes.

MR. JONES: Did, he .et you out

of the truck and wait ot y ?

MR. MOORER: No. . Stinson

and Mr. Harris right here -

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S MERRILL. LEGAL :SOLUT(Of

'- Court Reporting*Legal Videography*TiaaII Servi

Page 44

1 MR. JONES: Mr. Stir on put you

2 out of the truck?

MR. MOORER: Yeah.

MR. JONES: You got ut of the

truck --

6 MR. MOORER: And wa •ed

MR. JONES: -- to g your time

8 card?

MR. MOORER: Right.

10 MR. JONES: It wasn there.

11 Mr. Stinson left you.

12 MR. MOORER: He was. Liready

13 gone. When he let me out, turned

14 around and went on back out

15 MR. JONES: And you jot there

16 and your time card was not n the rack?

17 MR. MOORER: Right. So I got

18 on the phone and called my awyer to

19 let her know that my time c rd was

20 gone. That's when Mr. Pro' tt came

21 around the corner telling i --

22 MR. JONES: Got on he phone to

23 call your lawyer? Were yo still on

S i- . .,

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MERRILL LEG AL SQLUtION

oui1 Re:portng*LegaI Videography*Tr.-erv

Page 45

1 company time?

2 MR. MOORER: Yes, I as still

3 on the company time. Becau , see, I

4 felt lik.e --

5 MR. JONES: You àskE to be

6 brought back to this entler n here?

7 MR. MOORER: Yes.

8 MR. JONES: And you ere on the

9 phone calling your lawyer?

10 MR. MOORER: Yes. I cause I

11 felt like I had been violat

12 MR. JONES: Pardon r ?

13 MR. NOORER: I felt ike that I

14 had been violated.

15 MR. BELL: Just ans r his

16 question.

17 MR. JONES: I appre ate that,

18 Mr. Bell. I know how he fe :. But I'm

19 trying to find out why he g out there

20 and t.hat particular time an then when

21 he didn't have his time car -- what

22 did you do when you didn't ive your

I 23 time card?

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Page 46

MR. MOORER: He came --

Mr. Provi•tt cam.e around the orner and

told me to hang the, phone u so I hung

it up. lnd he asked me to c me down

there and sign my resign pa rs and I

told him, I'm not signing n ' resign

papers. And that's when he old me to

get my ass off the lot and n't come

back and that's what I done

MR. JONES: That's 1 I have

at this time.

MR. SCREWS: Mr. Bi Tins'?

MR. BLEVINS: I was iot present

on this panel the last time •. heard

the case. There's a couple :hings I'd

like to clear up for my own )enef.lt as

to how we ever got to this.

Mr. Provitt, was the cl irnant a

city merit system employee?

MR. PROVITT: Yes, ir. He did

get paid every two weeks, s, sir, and

on the merit system.

MR. BLEVINS: Clas fled as a

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MERRILL LEGAL SOLUTIOW

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Page 47

painter?

MR. PROVITT: No, s . He was

certified as Service Mainte .nce One.

MR. BLEVINS: Does at include

glass cutting?

MR. PROVITT: That ,cludes

grass cutting. Sezvice Mai .enance

One, yes., sir, it includes ass

cutting and everything..

MR. BLEVINS: But h had been a

painter for three years?

MR. PROVITT: Yes, .r.

MR. BLEVINS: Was t .s a form

of punishment, transferring urn to a

grass cutting job?

MR. PROVITT: No, S :, it

wasn't a form of punishment It was a

form of -- it was a form of e couldn't

get along with his other fo eman on the

job, Mr. Harris. Him and M . Harris

had had several altercatiOr and so

they transferred him to me.

MR. BLEVINS: I hai'

to think

____

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there was more to this situ ion than

him speaking to a lady i.n t. area.

Did this have something to with his

trans fer?

MR. PROVITT: I can' say it

did. All I know is that th. gave him

to me and I --

MR. BLEVINS . : So yo re not

familiar with what happened nor to

that?

MR. PROVITT: Yes. heard.

MR. BLEVINS: But y don't

have any firsthand knowledg

MR. PROVITT: Right I heard

it.

MR.. BLEVINS: Did M . Moorer

have any right of grievance n

transferring him from a pai ing job to

the grass cutting job under the city

rules? Anybody can a.nswer or the

city.

MR. PROVITT: At t t time,

when I asked him that he w going on

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MRR1L1 LEGAL SOLUT1ON

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1 the grass crew . , he said okay

2 MR. BLEVINS: Okay. )o you

know, Mr. Moorer, if you had ny right

of protest over the transfer --

MR. MOORER: No, I d dn't

6 have --

MR. BLEVINS: -- unc r the city

8 rules?

9 MR. MOORER: I didn' have one.

10 •M.R. BLEVINS: Okay

11 MR. MOORER: Becaus if I T d of

12 had one, they would --

13 MR. BELL: Just ans r their

14 question. You just answer ieir

15 question.

16 MR. BLEVINS: Mr.'P vitt, why

was his card removed prior o him

18 returning that day?

19 MR. PROVITT: When e left, he

20 left the lot with Bill Stii on, 1 told

21 him don't worry about his me card no

22 more. His time card would e down on

23 the lot at our, end in my d )artment so

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Page 50

told him

here when

before he

ing.

I

found out

he started

11 an

the corner

r.

bring him

truck

He

arpent er

go -- not

ome down

at and I

out.

is your

LiS time

about a

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MERRILL LEGAL SOLUTION?

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he could punch out and in.

that the time card would be

he get in - I told them that

left out of the lot that moi

MR. BLEVINS: And a

understcy od his testimony, hE

his card was removed, eithei

to call an attorney •or did

attorney and you came aroun

along about that time?

MR. PROVITT: Yes,

Because I told Mr. Stinson I

to me, and he got out of th

before he got to come see m

stopped that crew up at the

shop where he was told not

to report back up there, to

to our lot, down to where I

will - where we punch in a

MR. BLEVINS: How f

office from.this area where

card was?

MR. PROVITT: I'd. s

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ently

:he re?

ison came

i down and

liere ' S

came into

off at the

-- I told

He said, I

let him

all I have

e any

r.

the

utting job?

r.

e in

MERRILL LEGAL SOLUTON

' Court Reporting*LegaI VideOgraphy*TraF .er I

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hundred yards.

MR. BLEVINS: So a

someone told you he was do

MR. PROVITT: Mr.

on down -- Mr. Stinson camj

told me that Mr. -- I said

Mr. Moorer, when Mr. Stinsi

the office. He said, He )

carpenter shop. I asked Iyou to bring him down her..

couldn't stop him. I hadt

out.

MR. BLEVINS: Tha

right now, Mr. Chairman.

MR. SCREWS: Let

ahead, Mr. Jones. I'm Sc

MR. JONES: Was t

change in pay --

MR. PROVITT: No

MR. JONES: --

painter's job to the gra

MR. PROVITT:

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in

The

g. Same

he--I

ponse to

ld him

kay?

r.

.1 I have.

t one

at

you say

t.

Stated

)rning that

in the same

ct? Do you

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MERRILL LEGAL SOLUTiON

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Page 52

1 benefits?

2 MR. PROVITT: No,

MR. JONES: Any ch

hours?

5 MR. PROVITT: No,

6 same h.ours.

MR. JONES:. Same tj

pay, same benefit. And w1

believe you testified, in

10 Mr. Blevins, that when yo

11 about cutting grass he sa'

12 MR. PROVITT: Yes

13 MR. JONES: That'L

14 MR. SCREWS: Let'

15 thing straight. As far aH

16 testimony that Mr. -- ho

17 your last name aga.in ?

18 MR. PROVITT: Pr

19 MR. SCREWS: Proj

20 that he had told you thai

21 your time card would not]

22 place it was; is that co

23 recall him telling you

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ell him

fferent

he first

talked to

Don't

the

rd will be

did you

make a

ur time

there to

it down

o talk to

asked to be

n't recall

me card

e didn't

MERRiLL LEGAL SOIUTLON

'Ôourt pØjfl9*LegaI VideographY*TraeIV.

Page 53

MP. MOORER: No.

MR. SCREWS: Did y

his time card would he in

place when you talked to h.

time that morning?

MR. PROVITT: Wher

him that morning, I told iji

worry about going bac.k upj

carpenter shop. Your tim1

down here. /

MR. SCREWS: I gu

go to the carpenter shop

telephone call or to pick

card?

MR. MOORER: I w

pick up my time card to

there bcause I was goin

Gail Gibson. That's wh

brought down there.

/

MR. SCREWS: Yoi

him telling you that th

wouldn't be there?

MR. MOORER: No/

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MERRILL LEGAL SOLUTION

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Page 55

1 him to leave?

2 MR. PROVITT: Leave :he lot?

Leave where?

MR. BELL: Mr. Prov t, my

question was, did you tell m to leave

6 the lot?

MR. PROVITT: I tol him if he

8 wasn't going to sign the re ,gnation

papers -- he told me he was. roing to

10 quit. I asked him to sign

11 resignation papers. And I dd him

12 that if he wasn't going to gn the

13 resignation papers, leave.

14 MR. BELL: Did you 11 him to

15 get his as , s off the lot?

16 MR. PROVITT: That' what I

17 said.

18 MR. BELL: And did )U point

19 and tell him to -- did you )iflt?

20 MR. PROVITT: I p0± :ed out the

21 lot.

22 MR. BELL: And my q stion

23 again., you expected him to eave, did

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MERRILL LEGAL SOLUTION

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Page 56

you not?

MR. PROVITT: Yes, I expected

him to leave the lot.

MR. SCREWS: The p0:' t has been

established. Go ahead.

MR. BELL: He left e lot?

MR. PROVITT: Yes.

MR. BELL: Did you er contact

him again?

MR. PROVITT: No, s , I did

not.

MR. BELL: Now, did iou ever

testify -- did you ever corn -- when

they had the hearing down h re before,

you didn't testify, did you

MR. PROVITT: No, E' r.

MR. BELL: Did you ake a

statement before?

MR. PROVITT: Yes, ir.

MR. BELL: Who did ou give

that statement to?

MR. PROVITT: Our .wyer.

MR. BELL: Do you iow if your

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MERRILL LEGAL SOLUTION.

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Page 57

1 statement is in the record?

2 MR. PROVITT: I don' know.

3 MR. BELL: Okay. N , did you

4 give him a hearing? Did yoi give him a

5 hearing?

6 MR. PROVITT: Did I ive him a

7 hearing?

8 MR. BELL: Yes.

9 MR. PROVITT: He di not show

10 back up.

11 MR. BELL: Okay. D you

12 notify the mayor's office?

13 MR. PROVITT: No, s. , I did

14 not notify the mayor's offi

15 MR. BELL: Okay. I he hadn't

16 left, what would you have d Le?

17 MR. PROVITT: If he iadn't

18 left, then I would have had hearing.

19 MR. BELL: All righ . I have

20 no further questions.

21 MR. SCREWS: I want :0

22 establish one thing in resp nse to that

23 testimony. According -- art I correct,

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MERRILL LEGAL SOLUTION? -

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Page 58

Mr. Prov.itt, he stated to yc that he

was corning in to quit and ir order to

properly, procedurally quit, he had to

sign something?

MR. PROVITT: He hac to sign

a resignation. I told him i come

down -- he told. me he was qi. tting, I

told him to come down and s: n a

resignation. He told me he asn't

signing nothing.

MR. SCREWS: You on: said that

after he said he was going quit?

MR. PROVITT: Right

MR. BELL: In lieu your

question, may I ask him ano i.er

question?

MR. SCREWS: You ma

MR. BELL: So did h resign?

MR. PROVITT: Did -

MR. BELL: Did he r sign?

MR. PROVITT: I ask d him to

leave the lot. But I do nc have the

authority to fire him. On] way I told

-

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MERRILL LEGAL

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Page 59

him to leave the lot, becau he did

not -- he said he was going o quit and

was not going to sign a res nation

paper.

MR. SCREWS: Let's phrase the

question. What was the purj se of yOu

asking him to sign somethin

MR. PROVITT: He to me he was

going to quit.

MR. SCREWS: Okay.

MR. BELL: But you dn't say

he resigned. You wrote -- u stated

that he abandoned the job?

MR. PROVITT: Right

MR. BELL: So which ..s it, did

he resign or did he abandon

MR. PROVITT: He ab idoned the

job because after --

MR. SCREWS: It's a Dlay on

words. He --

MR. BELL: I don't hink it is.

MR. SCREWS: He's t ying to

tell you voluntarily quit c -- he

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MERRILL LEGAL SOLUTION

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voluntarily -- or he didnt

According to the statutes WE

under, the two statutes, he

voluntarily quit or he didn

fired or did he voluntarily

MR. BELL: Well, I I

somebody tells you to leave

to leave.

MR. SCREWS: Let's

counsel for the city. Who

for the city, please?

MR. CRAFT: I would

to ask a couple questions a

happened after this inciden

'Mr. Provitt.

Mr. Moorer, where did y

this incident with Mr. Prov

MR. MOORER: To the

office.

MR. CRAFT: Okay.

speak with anybody there.?

MR. MOORER: I trie

Michael Briddell. He wasn'

Page 60

how up.

re working

ither

- Was he

uit?

ink if

you have

to the

11 speak

ust like

Ut what

with

go after

t?

ayor ' s

d did you

to talk to

in. And I

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Page 61

for him to

lied you

right?

Ut

reak.

did he

:h with

me what

he asked

I told

t my ass

t he fired

on't show

riddeli did

idn't go to

would be

t?

hen he told

meant that

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MERRILL LEGAL SOLUTION

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left word with the secretar

call me.

MR. CRAFT: And he

back at a later time; is th

MR. MOORER: Yes, a

one-thirty, after his lunch

MR. CRAFT; And wha

tell you after he got in to

you?

MR. MOORER: He ask

went on and I told him. An

me was I coming back in. \

him, No, because he fired rr

terminated me, told me to

off the lot. That meant ft

me. He said, Well, if you

up, you abandon your job.

MR. CRAFT: So Mr.

not advise you that if you

work for three days that y

considered in job abandonm

MR. MOORER: Well,

me to get off the lot, tha

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Page 62

me and

e already

r his

ions.

riddell

just want

i the

Briddell

ret to

im that if

days that

b

gnat ion

S this

to the

mayor.

)p, he went

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MERRILL LEGAL S0LUTIONr

'Court Reporting*Legal V.deographyTrervi

I was fired. When he cussec

told me to get off the lot,

had fired me.

MR. BELL: Just ans

question. Don't make co.ncli.

Just answer his question.

MR. CRAFT: Did Mr..

tell you to go back , to work

MR. MOORER: No.

MR. CRAFT: Okay.

to point out that there is

record and affidavit from M

stating that he toldMr. Mo

return to work and advised

he was absent for three moi

he would be considered in j

abandonment, which is a re

with the city.

MR. SCREWS: Whe.n

statement made and to whom

MR. CRAFT: This w

executive assistant for th

When Mr. Moorer left the s

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MERILL LEGAL SOLUTION .1 ng*LegaJ..vjdeography*Tri

Page 63

to the mayor's office to tn to speak

with Mr. Bniddell about thi. incident.

And Mr. Bniddell, according o his

testimony, wasn't there. HE spoke with

him on the phone later.

MR. SCREWS: Do you ave

anything that states that? don't

want to take your testimony.

MR. CRAFT: I've go copies of

this and it's also --

MS. HILL: That shoi d be in

the record.

MR. SCREWS: It's i the

record. All right. So the etter

that's in the file states t t

subsequently, at the mayor' office,

after all this had taken p1 e, that if

you don't go back to work, u're going

to be fired. If you don't back to

work for three days, you're oing to be

considered abandon the job. That's the

testimony that's in the rec d?

MR. CRAFT: That's rrect. He

i--

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fr

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MERRILL LEGAL SOLUTION

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Page 64

told him to go back to work.

MR. SCREWS: Mr. Mo er, do you

recall anybody ever telling ou that?

MR. MOORER: Mr. Bri deli told

me if I didnt show up in t ee days, I

abandon my job.

MR. SCREWS: Did you show up

for three days?

MR. MOORER: No. Be ause I

considered by him telling me to leave,

Mr. Provitt, that I was aire dy tired.

MR. SCREWS: Do you ecall

Mr. Provitt stating to you did you

ever state to him that you re

quitting? You never stated o him that

you were quitting on the te phone?

MR. MOORER: I neve had a

chance to • talk to Mr. Provi about me

quitting. When I was asked o be

brought back in to talk to ii Gibson

and Mr. Stinson called back n and told

them that Mr. Moorer wanted o come

back in and -- I didn't kno who he was

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MERRILL LEGAL SOLUTIOP

Vidography*T

Pge65

g him back

ugh the

drop me

there so

e time I

'S when

through

re and

asked

n papers.

ut of the

talking t.o -- they said, Br

in. So when we got back th

gate, I asked Mr. Stinson t

off at the cabinet shop the

I can get my card. And by

was 'looking for my card, th

he -- Mr. Provitt was comm

telling .me to get on down t

sign my resign papers. And

him, I'm not signing no res

He said, Well, get your ass

lot.

MR. SCREWS: I'm try ng to get

14 your testimony. Did you -- t any time

15 on the 18th, did you state t

16 Mr. Provitt that you were go n

17 your job?

18 MR. MOORER: No. I e

19 chance to.talk to Mr. P.rovit

g to quit

ver had a

20 MR. SCREWS: Mr. Pro itt, did

21 he ever state to you that he as going

22 to quit his job?

23 MR. PROVITT: He tol me when

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MER1lLL LEGAL SOLUTIQl(

:OUrt ReportingLegaI Videography*TrSe,

he came back in, I'm going

job. I'm quitting. I told

down -- come back down to t

resign. He said, I'm quitt

MR. SCREWS: Any ot

questions from the panel?

(No response)

MR. SCREWS: Any ma

examination from counsel?

(No response)

MR. SCREWS: This h

adjourned. Thank you very

Page 66

quit the

im to go

office to

g.

r

cros sring is

ch.

-

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* * * * * * * * *

REPORTER' S CERTIFIC

* * * * * * * * *

STATE OF ALABNA

COUNTY OF MONTGOMERY

I hereby certify that t

foregoing proceeding was taken d

stenographic means 1 and that the

herein was produced in transcrip

cornpute aid under my supervisio.

the foregoing represents, to the

ability, a true arid correct trans

the proceedings occurring on saic

said time.

I further certify that

o counsel nor of kin to the part

action; no rn I in anywise'inte:

the result of said case.

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dttee11

23 Reporter and Notary Pub

State of Alabama at Lar

1933 RIchard Amngtofl,Jr Boulevard South Bjrmhigham,AL 35209 4w

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* *

* *

above and

byrne by

ntent

orm by

and that

st of my

ipt of

tate at

neither

to the

ed in

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