Exhibit 11

Case 1:22-cv-23196-PCH Document 46-11 Entered on FLSD Docket 08/16/2023 Page 1 of 18
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 1 UNITED STATES DISTRICT COURT

 SOUTHERN DISTRICT OF FLORIDA

 2 CASE NO. 1:22 CV-23196-HUCK-Becerra

 3

 4 JOHN F. LABRIOLA,

 5 Plaintiff,

 6 vs.

 7 MIAMI-DADE COUNTY,

 8 Defendant.

____________________________/

 9

10

11 - - -

 VIDEOTAPED VIDEO CONFERENCE

12 DEPOSITION OF ERIN NEW

 - - -

13

14

 Monday, June 26th, 2023

15 12:05 o'clock p.m. - 4:00 o'clock p.m.

16

17 ZOOM Video Conference

18

19

20

21

22

23 Susan D. Fox, Florida Professional Reporter

 Notary Public, State of Florida

24

25

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 1 APPEARANCES VIA VIDEO CONFERENCE:

 2 ON BEHALF OF THE PLAINTIFF:

 PACIFIC JUSTICE INSTITUTE

 3 ALEXANDER BUMBU, ESQUIRE

 1021 Ives Dairy Road

 4 Suite 115, Building Three

 Miami, Florida 33179

 5

 ON BEHALF OF THE DEFENDANT:

 6 MIAMI-DADE COUNTY ATTORNEY'S OFFICE

 WILLIAM X. CANDELA, ESQUIRE

 7 STEPHEN B. CLARK CENTER

 111 Northwest First Street

 8 Suite 2810

 Miami, Florida 33128

 9

ALSO PRESENT:

10

 JOE VICARI (Videographer)

11 JOHN LABRIOLA

 - - -

12 I N D E X

 - - -

13 Videotaped Deposition of Erin New Page No.

Direct Examination by Mr. Bumbu 8

14 - - -

 INDEX OF PLAINTIFF'S EXHIBITS

15 - - -

No. Description Page No.

16 A Composite; Documents 31

17 B Composite; Correspondence 56

18 C Transgender_Sensitivity.PDF 56

19 D County_Wide_Training_2020.PDF 57

20 E Error Page 57

21 E-1 Document 83

22 F Memorandum 85

23 G E-Mails 104

24 H E-Mail 106

25

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 1 Videotaped video conference

 2 deposition taken before Susan D. Fox, Florida

 3 Professional Reporter and Notary Public for

 4 the State of Florida at Large, in the above

 5 cause.

 6 - - -

 7 THE VIDEOGRAPHER: Okay. We are now

 8 on the record and the time is 12:03 p.m.

 9 This is this video deposition of Erin

10 New in the matter of John F. Labriola vs.

11 Miami-Dade County.

12 This deposition is being held

13 remotely via Zoom meeting on Monday, June

14 26th, 2023.

15 The videographer is Joe Vicari. The

16 court reporter is Susan Fox.

17 Now at this time will Counsel

18 appearing remotely please identify

19 yourselves for the record and who you

20 represent beginning with the noticing

21 attorney.

22 MR. BUMBU: Good afternoon. My name

23 is Alexander Bumbu. I represent the

24 Plaintiff, John Labriola, and I am the

25 noticing attorney.

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 1 MR. CANDELA: Good afternoon. Bill

 2 Candela, Assistant County Attorney on

 3 behalf of Defendant, Miami-Dade County.

 4 THE VIDEOGRAPHER: Okay. Thank you,

 5 Counsel.

 6 Court Reporter, please.

 7 THE COURT REPORTER: Okay.

 8 The attorneys participating in this

 9 deposition acknowledge that I, the court

10 reporter, am not present with the Witness

11 and that I will be reporting the

12 proceedings and administering the oath

13 remotely. This arrangement is pursuant to

14 the Florida Supreme Court Administrative

15 Order No. AOSC-20-16 (and extended by

16 AOSC-20-17). The parties and their

17 counsel consent to this arrangement and

18 waive any objections to this manner of

19 reporting.

20 Please indicate your agreement by

21 stating your name and your agreement on

22 the record, Counsel.

23 MR. BUMBU: Alexander Bumbu, Counsel

24 for the Plaintiff, and I agree with the

25 stipulation.

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 1 MR. CANDELA: Bill Candela. I agree.

 2 THE COURT REPORTER: Okay.

 3 Ma'am, would you raise your right

 4 hand, please?

 5 - - -

 6 Thereupon,

 7 ERIN NEW

 8 having been first duly sworn or affirmed

 9 pursuant to the Florida Constitution and

10 Florida Rules of Judicial Administration

11 2.20(a)(2)(B)(iv) and 2.205(a)(2)(B)(v), was

12 examined and testified as follows:

13 THE WITNESS: I do.

14 THE COURT REPORTER: Okay. Great.

15 Your Witness, Counsel.

16 All right. Your Witness, Counsel.

17 - - -

18 DIRECT EXAMINATION

19 BY MR. BUMBU:

20 Q. All right. Good afternoon, Ms. New.

21 Before I ask any questions I want to

22 remind you that you are under oath and that

23 you have an obligation to tell the truth and

24 that any false statement you say could subject

25 you to a perjury charge. Am I clear on that?

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 1 in Camden.

 2 Q. What year was that?

 3 A. 2008.

 4 Q. Did you get a J.D.?

 5 A. Yes.

 6 Q. Did you get an L.M.?

 7 A. No.

 8 Q. Have you ever been arrested for a

 9 crime?

10 A. No.

11 Q. Have you ever been convicted of a

12 crime?

13 A. No.

14 Q. Apart from your J.D., do you have any

15 occupation licenses?

16 A. I am a member of the Florida and New

17 Jersey Bars.

18 Q. Okay. Do you have any

19 certifications?

20 A. No.

21 Q. Now, where did you work during March

22 and April of 2021?

23 A. For Miami-Dade County.

24 Q. And what was your job title?

25 A. Division Director of Human Rights and

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 1 Fair Employment Practices.

 2 Q. And as the Division Director of HR

 3 FEP, what were your duties?

 4 A. I'm responsible for managing an area

 5 of the Human Resources Department which

 6 handles the enforcement of the county's human

 7 rights ordinance, and also we also handle the

 8 implementation of the county's policies

 9 related to EEO and preventing unlawful

10 harassment.

11 Q. And how long had you -- let me

12 rephrase that, actually.

13 Are you still working in that

14 position?

15 A. Yes.

16 Q. And how long have you worked in that

17 position?

18 A. Approximately seven years.

19 Q. So did you start in 2016?

20 A. No. Well, that's when I -- I -- I've

21 been working for the county since 2009. I was

22 promoted, started this position, my current

23 job in seven years ago, approximately,

24 October -- let's see -- of 2015.

25 Q. October of 2015?

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 1 A. Um-hmm.

 2 Q. Okay. Now, who are your supervisors?

 3 A. My supervisor is Arleene Cuellar.

 4 Q. And above her is the County CFO,

 5 correct?

 6 A. Correct.

 7 Q. And above the County CFO is the

 8 Mayor, correct?

 9 A. Correct.

10 Q. All right. What was your work

11 relationship with John Labriola?

12 A. I did not have any relationship with

13 him.

14 Q. Now, do you recall that Mr. Labriola

15 was fired for refusing to undergo training,

16 correct?

17 MR. CANDELA: Object to the form.

18 MR. BUMBU: You may answer.

19 THE WITNESS: Yes.

20 BY MR. BUMBU:

21 Q. Were you responsible for determining

22 which training Mr. Labriola would under go?

23 A. No.

24 Q. Then who was responsible for making

25 that determination?

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 1 A. It would be the chair's office where

 2 he was employed.

 3 Q. And did you discuss the training he

 4 would undergo with anyone?

 5 A. I discussed the fact that the chair's

 6 office wanted him to take training on IO 7-45.

 7 Q. And who did you discuss that with?

 8 A. Elda Green and Izzy, Isidoro.

 9 Q. Right. Izzy -- I apologize.

10 Go ahead.

11 A. Isidoro, and I'm sorry I can't recall

12 his last name. He was the Chief of Staff.

13 Q. Was that Isidoro Lopez?

14 A. Yes.

15 Q. Was the training that Mr. Labriola

16 would undergo approved by Arleene Cuellar?

17 A. No.

18 Q. Well, was the training that

19 Mr. Labriola would undergo approved by anybody

20 in the office of the Chair?

21 A. We -- no.

22 Q. Then who would approve the specific

23 type of training that Mr. Labriola would

24 undergo?

25 A. The Office of the Chair requested

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 1 that she participate in one of our standard

 2 trainings related to IO 7-45, but we never got

 3 to the specifics in terms of what type of

 4 training. We offered various types including

 5 in-person, classroom-lead, instructor-lead

 6 training as well as remote virtual training

 7 online, so in terms of the content that is

 8 already established. That is standard. But

 9 in terms of the type of training format, we

10 never got to that.

11 Q. So you never got to which specific

12 training module or training course at

13 Mr. Labriola's --

14 A. No. The courses already exist based

15 on the training on IO 7-45. The content was

16 already in place, but we offer various formats

17 and I guess forums to deliver that training

18 where we tailor it to the unique work

19 environments and the needs of the operation of

20 that particular department or workplace,

21 because everyone has different needs so, but

22 we never got to that point.

23 Q. Now, what you said was very

24 interesting, because Isidoro Lopez told me

25 that you're responsible for determining the

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 1 type of training, so what do you say about

 2 that?

 3 MR. CANDELA: Object to the form.

 4 THE WITNESS: Yeah. I'm -- I don't

 5 really understand the question.

 6 MR. BUMBU: Well, when I deposed

 7 Isidoro Lopez and I asked him for the

 8 specific type of training, he deferred to

 9 you, so what do you have to say about

10 that?

11 MR. CANDELA: Object to the form.

12 You can answer.

13 THE WITNESS: Okay.

14 So, like I mentioned previously, the

15 training exists, right? The standard

16 course that we mandate all over our

17 employees take.

18 We can make recommendations to the

19 various departments, but ultimately it's

20 the discretion of the Chair in this case,

21 or the Department Director whether to

22 adopt those recommendations.

23 I don't have any authority to mandate

24 someone who works for the Chair's Office

25 to participate in the training.

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 1 We can obviously recommend, consult

 2 and work with even the Chair's Office or

 3 the Department to make recommendations,

 4 and in this case it was determined by the

 5 Chair's Office that the training on the IO

 6 7-45 would be, you know, something that

 7 would be very beneficial in light of this

 8 particular case but, I mean, that's --

 9 that's all I have to say, because I can't

10 mandate that any employee participate in

11 any particular type of training other than

12 the fact that per our policy, all of our

13 employees are required to take this

14 generally every three years.

15 BY MR. BUMBU:

16 Q. By every three years, are you

17 referring to the Diversity Matters program?

18 A. Yes. Diversity Matters is the kind

19 of grant which serves as the umbrella for the

20 training on our policy IO 7-45.

21 Q. But -- okay. So is the IO 7-45

22 training module part of the Diversity Matters

23 program umbrella?

24 A. Yes.

25 Q. Well, okay.

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 1 THE WITNESS: Like I said, it's a

 2 brand. It's not a specific training

 3 course. The mandatory training related to

 4 the IO falls under the umbrella of the

 5 brand, and that's the only mandatory

 6 training course that would fall under that

 7 umbrella as related to IO 7-45.

 8 BY MR. BUMBU:

 9 Q. All right. I'll take you back to the

10 screen share.

11 Okay. Now, so isn't it true that on

12 April 12th, 2021, Elda Green sent an e-mail to

13 Andrew Mullings asking: Can you provide me

14 with a list of all of the employees in the BCC

15 Department who have completed this training?

16 A. Is that a question?

17 I'm sorry.

18 Q. Yes.

19 A. Can you repeat the question?

20 Q. Is it -- is it -- is it true that

21 Elda Green sent an e-mail to Andrew Mullings

22 asking, can you provide me with a list of all

23 of the employees in the BCC Department who

24 have completed this training?

25 MR. CANDELA: Object to the form.

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 1 point.

 2 There is mandatory training for all

 3 county employees.

 4 MR. BUMBU: Yes.

 5 THE WITNESS: And we have other

 6 workshops that are not mandatory. They

 7 all fall under this umbrella, if that

 8 makes sense to you.

 9 MR. BUMBU: Okay. I'm going to stop

10 the screen share and -- hmm.

11 What specific -- hang on.

12 What specific programs under the

13 Diversity Matters umbrella would

14 Mr. Labriola have had to take?

15 MR. CANDELA: Object to the form.

16 THE WITNESS: The mandatory training

17 related to IO 7-45, our anti18 discrimination policy.

19 BY MR. BUMBU:

20 Q. Okay. All right. So would

21 Mr. Labriola have been -- would Mr. Labriola

22 have been required to undergo a program called

23 Transgender Sensitivity and Inclusion?

24 A. No.

25 Q. Would Mr. Labriola have been required

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 1 THE WITNESS: Can you clarify? The

 2 question was, which part of the IO points

 3 to -- like -- or were you talking about

 4 the article itself?

 5 MR. BUMBU: My question was, which

 6 specific provision of IO 7-45 do you

 7 believe that the opinion piece violated?

 8 THE WITNESS: Okay.

 9 Can you scroll down?

10 Keep going. Keep going.

11 Keep going. Hold on.

12 MR. BUMBU: All right. Well, tell me

13 when to stop then.

14 THE WITNESS: Keep going.

15 There is a full paragraph about

16 inappropriate conduct and social media,

17 personal use of social media.

18 You can stop there.

19 So it's that section, personal use of

20 social media.

21 BY MR. BUMBU:

22 Q. Okay. So I'm going to stop the

23 screen share.

24 All right. So, Ms. New, did you

25 discuss John Labriola's case with Orlando

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 1

 2 CERTIFICATE OF OATH

 3

 4 STATE OF FLORIDA )

 5 COUNTY OF BROWARD )

 6 I, the undersigned authority, certify

 7 that the Witness appeared before me remotely

 8 via videotaped Zoom Video Conference, and was

 9 duly sworn or affirmed pursuant to Florida

10 Supreme Court Administrative Order AOSC-20-16.

11 WITNESS my hand and official seal

12 this 26th day of June, 2023.

13

14

 _____________________________

15 Susan D. Fox, FPR

 Notary Public - State of Florida

16 My Commission HH384998

 My Commission expires 5/15/2027

17

18

19

20

21

22

23

24

25

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 1

 2 C E R T I F I C A T E

 3 THE STATE OF FLORIDA )

 4 COUNTY OF BROWARD )

 5

 I, Susan D. Fox, Florida Professional

 6 Reporter and Notary Public in and for the

State of Florida at Large, do hereby certify

 7 that the aforementioned witness was by me

first duly sworn to testify the whole truth;

 8 that I was authorized to and did report said

video conference deposition in Stenotype; and

 9 that the foregoing pages are a true and

correct transcription of my shorthand notes of

10 said deposition.

11 I further certify that said

deposition was taken at the time and place

12 hereinabove set forth and that the taking of

said deposition was commenced and completed as

13 set forth.

14 I further certify that I am not an

attorney or counsel of any of the parties, nor

15 am I a relative or employee of any attorney

interested in the action.

16

 The foregoing certification of this

17 transcript does not apply to any reproduction

of the same by any means unless under the

18 direct control and/or direction of the

certifying reporter.

19

 IN WITNESS WHEREOF, I have hereunto

20 set my hand this 1st day of July, 2023.

21 ____________________________

 Susan D. Fox, FPR

22 Notary Public - State of Florida

 My Commission HH384998

23 My Commission expires 5/15/2027

24

25

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