App. 151

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App. 152

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App. 153

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1

Margot Nikitas

From: Bill Osborne <b.osborne@osbornelaw.com>

Sent: Wednesday, April 6, 2022 11:26 AM

To: medillen3@hotmail.com; heidimorgan65@gmail.com; nenarott@aol.com

Cc: Julie Hedrick; Joshua Black; Larry Salas; Erik Harris; Margot Nikitas; Bill Osborne

Subject: Correspondence re: union record

Attachments: noreply@advantedgebc.com_20220405_122100.pdf

Follow Up Flag: Follow up

Flag Status: Flagged

All -- Please find enclosed correspondence re: missing union records. Bill Osborne 

Bill Osborne 

Osborne Law Offices P.C. 

5335 Wisconsin Avenue N.W. , Suite 440 

Washington, D.C. 20015 

Telephone (202) 243-3200 

Mobile (202) 251-7920 

App. 154

Please find enclosed correspondence re: missing union records. Bill Osborne

Bill Osborne <b.osborne@osbornelaw.com>

Sent: Wednesday, April 6, 2022 11:26 AM

To: medillen3@hotmail.com; heidimorgan65@gmail.com; nenarott@aol.com

Cc: Julie Hedrick; Joshua Black; Larry Salas; Erik Harris; Margot Nikitas; Bill Osborne

Subject: Correspondence re: union record

Attachments: noreply@advantedgebc.com_20220405_122100.pdf

Follow Up Flag: Follow up

Flag Status: Flagged

All -- 

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App. 155

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Page 251

1 IN THE MATTER OF THE ARBITRATION BETWEEN

2 MELISSA CHINERY, Member )BEFORE THE ARTICLE VII

And )

3 SANDRA LEE, Member )

 )ARBITRATOR

4 AND )

 )

5 EUGENIO VARGAS, Member )HON. RUBEN R. ARMENDARIZ

6

7

8

9 **************************************

10 SEPTEMBER 15, 2021

11 VOLUME 2

12 **************************************

13

14

15

16 BE IT REMEMBERED that on the 15th day of

17 September, 2021, the above cause came on for hearing

18 before HON. RUBEN R. ARMENDARIZ at the WESTIN IRVING

19 CONVENTION CENTER AT LAS COLINAS, 400 West Las Colinas

20 Boulevard, located in the City of Irving, County of

21 Dallas, State of Texas, whereupon the following

22 proceedings were had.

23

24

25

App. 156

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Page 252

1 A P P E A R A N C E S:

2 HON. RUBEN R. ARMENDARIZ

 LABOR MANAGEMENT ARBITRATOR

3 29010 Pfeiffers Gate

 Fair Oaks Ranch, Texas 78015

4 PHONE: 210.379.0860

 EMAIL: arbruben@gmail.com

5

6 APPEARING AS THE ARBITRATOR

7

 MS. MELISSA CHINERY

8 EMAIL: Melchinery@aol.com

 AND

9 MS. SANDRA LEE

 EMAIL: SEL27995@gmail.com

10

 APPEARING FOR THE CHARGING PARTIES

11

12 MS. HEIDI J. MORGAN

 EMAIL: heidimorgan65@gmail.com

13 AND

 MS. NENA MARTIN

14

 APPEARING FOR THE CHARGED PARTY, EUGENIO VARGAS

15

16

 * * * *

17

18

19

20

21

22

23

24

25

App. 157

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1 WITNESS INDEX

2

ERIK HARRIS PAGE

3 Direct Examination (Cont'd) by Ms. Lee........... 257

Cross-Examination by Ms. Martin.................. 276

4 Redirect Examination by Ms. Chinery.............. 351

Recross-Examination by Ms. Morgan................ 373

5 Further Redirect Examination by Ms. Lee.......... 378

6 SHANE STAPES

Direct Examination by Ms. Morgan................. 383

7 Cross-Examination by Ms. Chinery................. 392

8 CHUCK RANSDALE

Direct Examination by Ms. Morgan................. 394

9 Cross-Examination by Ms. Chinery................. 401

Redirect Examination by Ms. Morgan............... 403

10

CHRISTOPHER THEDFORD

11 Direct Examination by Ms. Chinery................ 404

Cross-Examination by Ms. Morgan.................. 413

12

DEBBIE HOOVER

13 Direct Examination by Ms. Chinery................ 415

Cross-Examination by Ms. Morgan.................. 422

14

JOSH BLACK

15 Direct Examination by Ms. Chinery................ 426

Cross-Examination by Ms. Martin.................. 430

16

SANDRA LEE

17 Direct Examination by Ms. Chinery................ 434

Cross-Examination by Ms. Morgan.................. 444

18

MELISSA CHINERY

19 Direct Examination by Ms. Lee.................... 455

Cross-Examination by Ms. Morgan.................. 485

20 Redirect Examination by Ms. Lee.................. 511

21

22

23

24

25

App. 158

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1 EXHIBIT INDEX

2

EXHIBIT ID'D ADMITTED

3

Chinery-Lee Exhibit No. 23............. 474 480

4

5 EXHIBIT ID'D ADMITTED

6 Vargas Exhibit No. 1................... 501

Vargas Exhibit No. 8................... 424

7 Vargas Exhibit No. 20.................. 374

Vargas Exhibit No. 21.................. 374

8 Vargas Exhibit No. 32.................. 388 389

Vargas Exhibit No. 35.................. 387 388

9 Vargas Exhibit No. 44.................. 309 350

Vargas Exhibit No. 45.................. 302

10 Vargas Exhibit No. 84.................. 488

Vargas Exhibit No. 85.................. 488

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

App. 159

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1 P R O C E E D I N G S

2 THE ARBITRATOR: Okay. The hearing will

3 be in order. This is a continuation of the hearing of

4 September 14th, 2021. We left off with Mr. Erik Harris

5 and understand, Mr. Harris, that you're still under

6 oath. Okay.

7 We have the same representatives for both

8 sides. Is there anything the parties wish to raise at

9 this time with the Arbitrator?

10 MS. MORGAN: I have a housekeeping

11 question.

12 THE ARBITRATOR: You have what?

13 MS. MORGAN: A housekeeping question.

14 THE ARBITRATOR: Okay.

15 MS. MORGAN: We have -- since our

16 hearing was supposed to be two days --

17 THE ARBITRATOR: Right.

18 MS. MORGAN: -- we have a witness that is

19 very pertinent to our case who is scheduled to fly

20 tomorrow and so has to go home tonight. So how do we

21 intend to deal with that issue?

22 THE ARBITRATOR: They have to go home

23 tonight?

24 MS. MORGAN: They have to because they

25 fly tomorrow.

App. 160

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1 THE ARBITRATOR: They fly tomorrow?

2 MS. MORGAN: Yes.

3 THE ARBITRATOR: Okay. And they're your

4 witnesses, right?

5 MS. MORGAN: Yes.

6 THE ARBITRATOR: I don't know, you know.

7 This case -- this case presents itself with a lot of

8 witnesses and -- and I don't know when they'll finish

9 your -- your -- when are you going to finish your case,

10 do you think, with the witnesses you have?

11 MS. CHINERY: We've got more -- we've

12 got several more witnesses.

13 THE ARBITRATOR: Okay. Does that mean

14 today?

15 MS. LEE: Six.

16 MS. CHINERY: Probably.

17 THE ARBITRATOR: Okay. Most of the day?

18 MS. CHINERY: Yes.

19 THE ARBITRATOR: Okay. Let's go off the

20 record.

21 (Break from 8:37 to 8:42.)

22 THE ARBITRATOR: Back on the record.

23 We're with Mr. Harris. Would you like to start

24 questioning?

25 MS. LEE: Yes.

App. 161

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1 DIRECT EXAMINATION (CONTINUED)

2 BY MS. LEE:

3 Q. So when we left off, Erik, we were talking

4 about -- you had explained to us about the payout

5 vacation, so I'll follow that up with did Mr. Vargas

6 pay that money back, the overpayment?

7 A. He's currently making payments.

8 Q. He's currently making payments?

9 A. Yes.

10 Q. How about Marcy Dunaway?

11 A. She's currently making payments.

12 Q. Nena Martin?

13 A. She paid in full.

14 Q. Okay. So Nena Martin paid in full. Mr.

15 Vargas is still making payments as well as Marcy

16 Dunaway?

17 A. Yes.

18 Q. Do you know -- do you know how much they each

19 paid back?

20 A. Well, I can tell you that each -- well, Marcy

21 and Eugenio owes a little under 600 left on the

22 balance.

23 Q. When the Board directed the Officers to pay

24 back that money, was profit sharing include -- the

25 overpayment on profit sharing included?

App. 162

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1 A. Not that I recall, but I wasn't here for when

2 they instructed them to.

3 Q. Okay. Thank you. Has Bob Ross paid back the

4 money?

5 A. No.

6 Q. How much does he still owe?

7 A. About $5400.

8 Q. Are we doing anything?

9 A. It is --

10 MS. MORGAN: Objection. They're

11 discussing Bob Ross.

12 THE ARBITRATOR: Yeah, we're -- we're

13 going to other areas.

14 MS. LEE: It still concerns the

15 overpayment.

16 MS. MORGAN: Object --

17 THE ARBITRATOR: Just limit it to Mr.

18 Vargas.

19 MS. LEE: Okay. So just for

20 clarification, I cannot talk about Bob Ross at all?

21 THE ARBITRATOR: Well, you can -- you can

22 raise some issues if --

23 MS. LEE: Okay.

24 THE ARBITRATOR: -- it's fit -- pertains

25 to this case, you know.

App. 163

Okay. Thank you. Has Bob Ross paid back the

4 money?

5 A. No.

6 Q. How much does he still owe?

7 A. About $5400.

8 Q. Are we doing anything?

9 A. It is --

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Page 515

1 STATE OF TEXAS )

2 COUNTY OF DALLAS )

3 THIS IS TO CERTIFY THAT I, MELISSA J. CARSON,

4 a Certified Shorthand Reporter in and for the State of

5 Texas, reported in shorthand the proceedings had at the

6 time and place set forth in the caption hereof, and

7 that the above and foregoing 265 pages contain a full,

8 true, and correct transcript of the said proceedings to

9 the best of my ability.

10 Certified to on this the 28th day of October,

11 2021.

12

13

14 ____________________________

 MELISSA J. CARSON, Certified

15 Shorthand Reporter in and for

 The State of Texas

16

17

18 Certification No. 1737

19 CRCB Firm Registration #489

20 Expires August 31, 2022

21 CARSON REPORTING & ASSOCIATES

22 Post Office Box 551628

23 Dallas, Texas 75355-1628

24 Telephone 214.346.3434

25

App. 164

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Page 24

1 IN THE MATTER OF THE HEARING

2 MELISSA CHINERY, Member )

 and )

3 SANDRA LEE, Member )

 )BEFORE ARTICLE VII

4 AND ) ARBITRATOR

 )HON. RUBEN B. ARMENDARIZ

5 )

ROBERT ROSS, Member )

6

7

8

 **************************************

9 NOVEMBER 17, 2021

10 VOLUME 2

 **************************************

11

12

13

14 BE IT REMEMBERED that on the 17th day of

15 November, 2021, the above cause came on for hearing

16 before HON. RUBEN R. ARMENDARIZ at the WESTIN IRVING

17 CONVENTION CENTER AT LAS COLINAS, 400 West Las Colinas

18 Boulevard, located in the City of Irving, County of

19 Dallas, State of Texas, whereupon the following

20 proceedings were had.

21

22

23

24

25

App. 165

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Page 25

1 A P P E A R A N C E S:

2 HON. RUBEN R. ARMENDARIZ

 LABOR MANAGEMENT ARBITRATOR

3 29010 Pfeiffers Gate

 Fair Oaks Ranch, Texas 78015

4 PHONE: 210.379.0860

 EMAIL: arbruben@gmailcom

5

 APPEARING AS THE ARBITRATOR

6

 MS. MELISSA CHINERY

7 EMAIL: Melchinery@aol.com

 AND

8 MS. SANDRA LEE

 EMAIL: SEL27995@gmail.com

9

 APPEARING FOR THE CHARGING PARTY

10

 MR. ROBERT ROSS

11 EMAIL: 1RROSS@COMCAST.NET

 AND

12 MS. GINA GUIDRY

13 APPEARING FOR THE CHARGED PARTY

14

15 * * * *

16

17

18

19

20

21

22

23

24

25

App. 166

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Page 26

1 WITNESS INDEX

2

CATHY LUKENSMEYER PAGE

3 Direct Examination by Ms. Chinery................ 54

Cross-Examination by Ms. Guidry.................. 74

4 Redirect Examination by Ms. Chinery.............. 84

Recross-Examination by Mr. Ross.................. 90

5

ERIK HARRIS

6 Direct Examination by Ms. Lee.................... 99

Cross-Examination by Mr. Ross.................... 132

7 Redirect Examination by Ms. Lee.................. 221

Recross-Examination by Mr. Ross.................. 231

8

MICHAEL TRAPP

9 Direct Examination by Ms. Chinery................ 249

Cross-Examination by Mr. Ross.................... 259

10

JOHN NIKIDES

11 Direct Examination by Ms. Chinery................ 272

Cross-Examination by Ms. Guidry.................. 297

12 Redirect Examination by Ms. Lee.................. 321

13

REPORTER'S NOTE:

14 Due to the horrible acoustics in the hearing room and

without the use of microphones, there will be noted

15 (unintelligible) several times throughout the

transcript. I apologize for this; however, if I cannot

16 hear it, I cannot write it.

17 Additionally there are several notations of

simultaneous speaking or simultaneous discussions

18 throughout the transcript. When several people talk at

the same time, there is no way to possibly discern who

19 is speaking.

20

21

22

23

24

25

App. 167

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Page 27

1 CHINERY LEE EXHIBIT INDEX

2 EXHIBIT ID'D ADMITTED

Exhibit 1............................. 64

3 Exhibit 2.............................

Exhibit 3............................. 107 108

4 Exhibit 4............................. 251 253

Exhibits 5-6..........................

5 Exhibit 7............................. 64

Exhibit 8............................. 101 107

6 Exhibits 9-14......................... 107

Exhibit 15............................ 109 107

7 Exhibit 16............................ 107

Exhibit 17............................ 243 107

8 Exhibits 18-19........................ 107

Exhibit 20............................ 219 107

9 Exhibits 21-24........................ 107

Exhibit 25............................ 246 107

10 Exhibits 26-46........................ 107

Exhibit 47............................ 228

11 Exhibit 48............................ 228 229

12 ROSS EXHIBITS

Exhibits 6............................ 142

13 Exhibit 13............................ 148

Exhibit 15............................ 237

14 Exhibit 16............................ 143

Exhibit 18............................ 194 194

15 Exhibit 19............................ 232

Exhibit 36............................ 243

16

17 JOINT EXHIBITS

18 Exhibit 4............................. 28 28

19

20

21

22

23

24

25

App. 168

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1 STATE OF TEXAS )

2 COUNTY OF DALLAS )

3 THIS IS TO CERTIFY THAT I, MELISSA J. CARSON,

4 a Certified Shorthand Reporter in and for the State of

5 Texas, reported in shorthand the proceedings had at the

6 time and place set forth in the caption hereof, and

7 that the above and foregoing 302 pages contain a full,

8 true, and correct transcript of the said proceedings.

9 Certified to on this the 13th day of December,

10 2021.

11

12

13 ____________________________

 MELISSA J. CARSON, Certified

14 Shorthand Reporter in and for

 The State of Texas

15

16

17 Certification No. 1737

18 CRCB Firm Registration #489

19 Expires August 31, 2022

20 CARSON REPORTING & ASSOCIATES

21 Post Office Box 551628

22 Dallas, Texas 75355-1628

23 Telephone 214.346.3434

24

25

App. 169

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Page 100

1 career.

2 Q. And in your role as National Treasurer, have

3 you been responsible for responding to requests to see

4 financial information?

5 A. Yes.

6 Q. Did you receive requests from Melissa and

7 myself to come down and see financial records?

8 A. Yes.

9 Q. And did you set up times for us to see the

10 information?

11 A. Yes.

12 Q. Approximately how many times have we come down

13 to review information?

14 A. About five to 10.

15 Q. So have you been present with myself and

16 Melissa when we came down?

17 A. Yes.

18 Q. If you were not present, who was present?

19 A. I believe there was only one time and my

20 assistant, Robert, was there and Margot has been there

21 and there were a couple occasions where all four

22 Officers were there.

23 Q. So we were never alone -- alone with these

24 financial documents?

25 A. That's right.

App. 170

2 Q. And in your role as National Treasurer, have

3 you been responsible for responding to requests to see

4 financial information?

5 A. Yes.

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1 Q. Who was the Treasurer before you took office?

2 A. Craig Gunter.

3 Q. And before him?

4 A. Eugenio Vargas.

5 Q. How would you describe the state of the Union

6 financial records when you took office?

7 A. They were -- it was pretty bad, in bad shape.

8 Q. Who has the responsibility under APFA

9 Constitution to maintain the financial records?

10 A. The National Treasurer does.

11 Q. Did you receive a subpoena from Melissa and

12 myself, the charging parties, for financial documents

13 related to this hearing?

14 A. Yes.

15 Q. And did you oversee the efforts to locate and

16 provide those documents?

17 A. Yes.

18 Q. Can you explain the steps taken to ensure

19 which documents you had? Oh, okay. I'll tell you

20 what, I want you to look at Exhibits 8 through 46 in

21 the big book.

22 A. Okay.

23 MS. LEE: Oh, we need -- that too.

24 THE ARBITRATOR: Which one, the blue

25 one?

App. 171

Q. How would you describe the state of the Union

6 financial records when you took office?

7 A. They were -- it was pretty bad, in bad shape.

8 Q. Who has the responsibility under APFA

9 Constitution to maintain the financial records?

10 A. The National Treasurer does.

15 Q. And did you oversee the efforts to locate and

16 provide those documents?

17 A. Yes.

18 Q. Can you explain the steps taken to ensure

19 which documents you had? Oh, okay. I'll tell you

20 what, I want you to look at Exhibits 8 through 46 in

21 the big book.

22 A. Okay.

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1 responsibility under the APFA Constitution to maintain

2 financial records?

3 A. The Treasurer.

4 Q. Does APFA have a policy on inventory of

5 property?

6 A. Yes.

7 Q. Can you explain what the policy is?

8 A. We are to -- anything above a hundred and

9 fifty dollars, are required to be inventoried.

10 Q. All right. Who has the responsibility for

11 maintaining the inventory list?

12 A. The Treasurer.

13 Q. And that would be one of your duties as

14 National Treasurer, to ensure that inventory list was

15 kept?

16 A. Yes.

17 Q. Were you able to locate the inventory lists

18 for the Vargas administration?

19 A. No.

20 Q. Or from the Vargas administration, Ross

21 administration?

22 A. No.

23 Q. I want you to take a look at Exhibit 15.

24 (Simultaneous discussions.)

25 THE ARBITRATOR: Okay. Go ahead.

App. 172

responsibility under the APFA Constitution to maintain

2 financial records?

3 A. The Treasurer.

4 Q. Does APFA have a policy on inventory of

5 property?

A. Yes.

7 Q. Can you explain what the policy is?

8 A. We are to -- anything above a hundred and

9 fifty dollars, are required to be inventoried.

10 Q. All right. Who has the responsibility for

11 maintaining the inventory list?

12 A. The Treasurer.

13 Q. And that would be one of your duties as

14 National Treasurer, to ensure that inventory list was

15 kept?

A. Yes.

17 Q. Were you able to locate the inventory lists

18 for the Vargas administration?

19 A. No.

20 Q. Or from the Vargas administration, Ross

21 administration?

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1 IN THE MATTER OF THE HEARING

2 MELISSA CHINERY, Member )

 and )

3 SANDRA LEE, Member )

 )BEFORE ARTICLE VII

4 AND ) ARBITRATOR

 )HON. RUBEN B. ARMENDARIZ

5 )

ROBERT ROSS, Member )

6

7

8

 **************************************

9 NOVEMBER 18, 2021

10 VOLUME 3

 **************************************

11

12

13

14 BE IT REMEMBERED that on the 18th day of

15 November, 2021, the above cause came on for hearing

16 before HON. RUBEN R. ARMENDARIZ at the WESTIN IRVING

17 CONVENTION CENTER AT LAS COLINAS, 400 West Las Colinas

18 Boulevard, located in the City of Irving, County of

19 Dallas, State of Texas, whereupon the following

20 proceedings were had.

21

22

23

24

25

App. 173

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1 A P P E A R A N C E S:

2 HON. RUBEN R. ARMENDARIZ

 LABOR MANAGEMENT ARBITRATOR

3 29010 Pfeiffers Gate

 Fair Oaks Ranch, Texas 78015

4 PHONE: 210.379.0860

 EMAIL: arbruben@gmailcom

5

6 APPEARING AS THE ARBITRATOR

7 MS. MELISSA CHINERY

 EMAIL: Melchinery@aol.com

8 AND

 MS. SANDRA LEE

9 EMAIL: SEL27995@gmail.com

10 APPEARING FOR THE CHARGING PARTY

11 MR. ROBERT ROSS

 EMAIL: 1RROSS@COMCAST.NET

12 AND

 MS. GINA GUIDRY

13

 APPEARING FOR THE CHARGED PARTY

14

15

 * * * *

16

17

18

19

20

21

22

23

24

25

App. 174

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1 WITNESS INDEX

2

MELISSA CHINERY PAGE

3 Direct Examination by Ms. Lee.................... 330

Cross-Examination by Ms. Guidry.................. 369

4 Redirect Examination by Ms. Lee.................. 401

5 CASEY VELOSO

Direct Examination by Ms. Guidry................. 407

6

ANTHONY THURIAULT

7 Direct Examination by Ms. Guidry................. 420

Cross-Examination by Ms. Lee..................... 443

8 Redirect Examination by Mr. Ross................. 463

9 ROBERT ROSS

Direct Examination by Ms. Guidry................. 465

10 Cross-Examination by Ms. Lee..................... 488

Redirect Examination by Ms. Guidry............... 500

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

App. 175

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1 CHINERY LEE EXHIBIT INDEX

2

EXHIBIT ID'D ADMITTED

3 Exhibit 1............................. 332

Exhibit 5............................. 342 344

4 Exhibit 6............................. 345 346

Exhibit 7............................. 358

5 Exhibit 45............................ 449

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

App. 176

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1 Q. (BY MS. LEE) Approximately how many times

2 did you go down to view these documents?

3 A. Probably like five to 10, but that's being --

4 I -- probably a little bit more, but like, I would say

5 10 times.

6 Q. How many hours each time?

7 A. We'd fly down, like, I would say, like,

8 sometimes 10 hours. Our longest was 14 hours in the

9 room.

10 Q. Did you go on your own time?

11 A. Yes.

12 Q. Did you drop trips from your flying schedule?

13 A. Yes.

14 Q. Did the Union provide hotels?

15 A. No.

16 Q. How would you characterize the state of the

17 financial records? Orderly? Chaotic?

18 A. Chaotic.

19 Q. Can you identify what you were able to see?

20 A. We were able to see the weeklies, the

21 monthlies, the credit cards, the statements, the

22 receipts.

23 Q. Were you able to see all the documents?

24 A. Yes. The ones that were there. There were

25 some miss -- there were some that were missing, but the

App. 177

Q. How would you characterize the state of the

17 financial records? Orderly? Chaotic?

18 A. Chaotic.

Q. Can you identify what you were able to see?

20 A. We were able to see the weeklies, the

21 monthlies, the credit cards, the statements, the

22 receipts.

23 Q. Were you able to see all the documents?

24 A. Yes. The ones that were there. There were

25 some miss -- there were some that were missing, but the

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1 ones that were there we were able to see.

2 Q. So if you could turn to Exhibit 3, please?

3 A. I'm there.

4 Q. Okay. This -- did you send this? What is

5 this?

6 A. This is a subpoena for financial records to

7 Erik Harris, the National Treasurer.

8 Q. And who sent this to Erik Harris?

9 A. You and I did, yes. You and -- me and Sandra

10 Lee did.

11 Q. At some point did you file charges against Bob

12 Ross?

13 A. Yes, I did -- we did.

14 MR. ROSS: Objection, we don't have 3.

15 THE ARBITRATOR: You don't have --

16 MS. GUIDRY: She started with 8.

17 MR. ROSS: (Unintelligible.)

18 MS. CHINERY: But we gave it to you

19 yesterday because we submitted it.

20 MS. GUIDRY: It's not in the binder.

21 It's hard --

22 MR. ROSS: It's hard when you didn't give

23 it --

24 MS. GUIDRY: -- we have stacks of piles,

25 not organized.

App. 178

ones that were there we were able to see.

2 Q. So if you could turn to Exhibit 3, please?

3 A. I'm there.

4 Q. Okay. This -- did you send this? What is

5 this?

6 A. This is a subpoena for financial records to

7 Erik Harris, the National Treasurer.

8 Q. And who sent this to Erik Harris?

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1 Cross-Examination.

2 CROSS-EXAMINATION

3 BY MS. GUIDRY:

4 Q. Melissa, have you ever run for office with

5 APFA?

6 A. Yes.

7 Q. When and what positions?

8 A. I ran for President in Philadelphia and

9 President in Phoenix. 2015 and 2018, I believe. I

10 could be wrong about the years. It's early, I'm sorry.

11 Q. When you went for documents and you said they

12 were in a disarray, that was after Mr. Ross'

13 administration, correct?

14 A. Well, no, because we went down with the --

15 when we went down to see Craig and Liz Geiss and

16 everything, we only got to see the monthlies, but there

17 was a lot of things missing, so I consider, you know --

18 Q. Craig was not in his administration.

19 A. Well no, but that was after the -- immediately

20 following the Ross administration.

21 Q. That was my question. So it was after Ross

22 had left office?

23 A. Oh, yes.

24 Q. So how was he responsible in any way for the

25 disarray of documents?

App. 179

Q. When you went for documents and you said they

12 were in a disarray, that was after Mr. Ross'

13 administration, correct?

14 A. Well, no, because we went down with the --

15 when we went down to see Craig and Liz Geiss and

16 everything, we only got to see the monthlies, but there

17 was a lot of things missing, so I consider, you know --

Q. Craig was not in his administration.

19 A. Well no, but that was after the -- immediately

20 following the Ross administration.

21 Q. That was my question. So it was after Ross

22 had left office?

23 A. Oh, yes.

24 Q. So how was he responsible in any way for the

25 disarray of documents?

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1 A. Because that's the way they left it.

2 Q. He -- him personally?

3 A. His administration.

4 Q. You know that for a fact?

5 A. I only know what I saw.

6 Q. Okay. So whoever's keeping the records,

7 obviously, did not, in your opinion, keep them

8 organized?

9 A. No.

10 Q. So when you went there, did you ask for any

11 other administration's records?

12 A. We asked for a -- when we first went down with

13 -- for the Bassani, we asked for three years, a

14 snapshot. So we looked at the Laura Glading, Ross and

15 -- well, they gave us three years, so it was of the

16 monthlies because we weren't seeing the underlying

17 documents at that time, but there was, like, a table

18 set up and -- because we asked for three years and all

19 the monthlies, the summaries were all spread out over

20 two big tables like this.

21 Q. So what --

22 THE ARBITRATOR: Now, hold on. Hold on.

23 Let me get this clear. So they're spread out on the

24 tables, so are you talking about different

25 administrations?

App. 180

Q. Okay. So whoever's keeping the records,

7 obviously, did not, in your opinion, keep them

8 organized?

9 A. No.

A. Because that's the way they left it.

2 Q. He -- him personally?

3 A. His administration.

4 Q. You know that for a fact?

5 A. I only know what I saw.

Q. So when you went there, did you ask for any

11 other administration's records?

12 A. We asked for a -- when we first went down with

13 -- for the Bassani, we asked for three years, a

14 snapshot. So we looked at the Laura Glading, Ross and

15 -- well, they gave us three years, so it was of the

16 monthlies because we weren't seeing the underlying

17 documents at that time, but there was, like, a table

18 set up and -- because we asked for three years and all

19 the monthlies, the summaries were all spread out over

20 two big tables like this.

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1 MS. GUIDRY: -- verification.

2 THE ARBITRATOR: Just --

3 MS. LEE: Well, asked and answered.

4 THE ARBITRATOR: Well, do you remember

5 what administrations?

6 THE WITNESS: Well, it was years ago.

7 So it was three years. So it would have been the Ross

8 administration, it was -- they were monthlies. So when

9 we went in to look --

10 THE ARBITRATOR: Okay.

11 THE WITNESS: -- we didn't even realize

12 what we were looking at.

13 THE ARBITRATOR: Let's --

14 MS. GUIDRY: Can I rephrase it, then?

15 Q. (BY MS. GUIDRY) Did you look at the Lori

16 Bassani administration?

17 A. What we -- what they had, because I remember

18 Craig walking me back to the back room where the

19 records were kept, because I was really upset with him

20 because he was giving us the runaround. We were flying

21 down in there and -- we were flying down there, it

22 was -- it was very frustrating. So he takes me in the

23 back room and it was a box of receipts, literally loose

24 receipts. I was like, what is this? So yeah, I

25 mean -- so, but yeah, that's it.

App. 181

because I remember

18 Craig walking me back to the back room where the

19 records were kept, because I was really upset with him

20 because he was giving us the runaround. We were flying

21 down in there and -- we were flying down there, it

22 was -- it was very frustrating. So he takes me in the

23 back room and it was a box of receipts, literally loose

24 receipts. 

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1 Q. So for clarification again, Craig was not in

2 this administration, you went down after his

3 administration left, you found it in disarray, you

4 looked for -- you had a three year snapshot of

5 administrations that you're not a hundred percent sure

6 who you looked at, did you look --

7 A. Actually -- excuse me. I answered that. It

8 was the three --

9 Q. I'm just recapping --

10 THE ARBITRATOR: Yeah.

11 MS. LEE: Uh --

12 Q. (BY MS. GUIDRY) -- to build my next question.

13 THE ARBITRATOR: Nope, hold on.

14 THE WITNESS: Okay. I'm sorry.

15 THE ARBITRATOR: So excuse me, what --

16 what did your investigation reveal for those three

17 years?

18 THE WITNESS: I -- so when we -- we had

19 no idea what we were doing when we went down there. It

20 was the first time. So I asked about -- it was Sandra

21 and I -- myself together. We walk in. We have three

22 tables full of monthlies. We had no idea -- I mean,

23 I -- I'm not an accountant. We're looking through, I

24 was trying to look up mileage, ask about the furniture.

25 She wanted to know about the exit package because it

App. 182

Q. So for clarification again, Craig was not in

2 this administration, you went down after his

3 administration left, you found it in disarray, you

4 looked for -- you had a three year snapshot of

5 administrations that you're not a hundred percent sure

6 who you looked at, did you look --

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1 your attention to the Ross administration; is that

2 correct, even though you didn't have all the

3 documentation. But something wasn't right.

4 A. I don't understand what you're trying to ask.

5 Q. I'm trying to ask how you came upon only

6 investigating this administration when, in fact, the --

7 the subsequent administration under Bassani --

8 MS. LEE: Object --

9 A. We --

10 MS. LEE: -- speculation. We don't know

11 anything --

12 (Simultaneous speaking.)

13 MS. LEE: -- about the --

14 THE ARBITRATOR: No, she's --

15 MS. LEE: We don't know anything about

16 the Bassani administration.

17 THE ARBITRATOR: Let's go on to

18 something else.

19 MS. GUIDRY: Okay.

20 Q. (BY MS. GUIDRY) Well, the importance here is

21 why would you not request, if you're looking, Bob Ross'

22 administration had a balanced budget and in the green.

23 The subsequent administration, Lori Bassani, which all

24 records were in disarray back when you arrived, within

25 18 months of him leaving office, she put us almost into

App. 183

Q. (BY MS. GUIDRY) Well, the importance here is

21 why would you not request, if you're looking, Bob Ross'

22 administration had a balanced budget and in the green.

23 The subsequent administration, Lori Bassani, which all

24 records were in disarray back when you arrived, within

25 18 months of him leaving office, she put us almost into

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1 STATE OF TEXAS )

2 COUNTY OF DALLAS )

3 THIS IS TO CERTIFY THAT I, MELISSA J. CARSON,

4 a Certified Shorthand Reporter in and for the State of

5 Texas, reported in shorthand the proceedings had at the

6 time and place set forth in the caption hereof, and

7 that the above and foregoing 183 pages contain a full,

8 true, and correct transcript of the said proceedings.

9 Certified to on this the 17th day of December,

10 2021.

11

12

13 ____________________________

 MELISSA J. CARSON, Certified

14 Shorthand Reporter in and for

 The State of Texas

15

16

17 Certification No. 1737

18 CRCB Firm Registration #489

19 Expires August 31, 2022

20 CARSON REPORTING & ASSOCIATES

21 Post Office Box 551628

22 Dallas, Texas 75355-1628

23 Telephone 214.346.3434

24

25

App. 184

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1 IN THE MATTER OF THE ARBITRATION BETWEEN

2 MELISSA CHINERY, Member )BEFORE THE ARTICLE VII

And )

3 SANDRA LEE, Member )

 )ARBITRATOR

4 AND )

 )

5 EUGENIO VARGAS, Member )HON. RUBEN R. ARMENDARIZ

6

7

8 **************************************

9 SEPTEMBER 14, 2021

10 VOLUME 1

11 **************************************

12

13

14

15 BE IT REMEMBERED that on the 14th day of

16 September, 2021, the above cause came on for hearing

17 before HON. RUBEN R. ARMENDARIZ at the WESTIN IRVING

18 CONVENTION CENTER AT LAS COLINAS, 400 West Las Colinas

19 Boulevard, located in the City of Irving, County of

20 Dallas, State of Texas, whereupon the following

21 proceedings were had.

22

23

24

25

App. 185

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1 A P P E A R A N C E S:

2 HON. RUBEN R. ARMENDARIZ

 LABOR MANAGEMENT ARBITRATOR

3 29010 Pfeiffers Gate

 Fair Oaks Ranch, Texas 78015

4 PHONE: 210.379.0860

 EMAIL: arbruben@gmail.com

5

6 APPEARING AS THE ARBITRATOR

7

 MS. MELISSA CHINERY

8 EMAIL: Melchinery@aol.com

 AND

9 MS. SANDRA LEE

 EMAIL: SEL27995@gmail.com

10 AND

 MS. HEATHER OLENJACK

11

 APPEARING FOR THE CHARGING PARTIES

12

13 MS. HEIDI J. MORGAN

 EMAIL: heidimorgan65@gmail.com

14 AND

 MS. NENA MARTIN

15

 APPEARING FOR THE CHARGED PARTY, EUGENIO VARGAS

16

17

 * * * *

18

19

20

21

22

23

24

25

App. 186

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1 WITNESS INDEX

2

CATHY LUKENSMEYER PAGE

3 Direct Examination by Ms. Chinery................ 25

Cross-Examination by Ms. Morgan.................. 51

4 Redirect Examination by Ms. Chinery.............. 75

5 MICHAEL TRAPP

Direct Examination by Ms. Chinery................ 79

6 Cross-Examination by Ms. Morgan.................. 91

Redirect Examination by Ms. Chinery.............. 100

7

JENNIFER McCAULEY

8 Direct Examination by Ms. Chinery................ 102

9 MICHAEL TRUAN

Direct Examination by Ms. Lee.................... 116

10 Cross-Examination by Ms. Morgan.................. 121

Redirect Examination by Ms. Lee.................. 134

11 Recross-Examination by Ms. Morgan................ 139

Further Redirect Examination by Ms. Lee.......... 143

12 Further Recross-Examination by Ms. Morgan........ 146

13 HEATHER OLENJACK

Direct Examination by Ms. Chinery................ 148

14 Cross-Examination by Ms. Morgan.................. 155

Redirect Examination by Ms. Chinery.............. 169

15

JOHN NIKIDES

16 Direct Examination by Ms. Chinery................ 171

Cross-Examination by Ms. Martin.................. 185

17 Redirect Examination by Ms. Chinery.............. 212

Recross-Examination by Ms. Martin................ 214

18 Further Redirect Examination by Ms. Chinery...... 216

Further Recross-Examination by Ms. Martin........ 218

19 Further Redirect Examination by Ms. Chinery...... 220

20 ERIK HARRIS

Direct Examination by Ms. Lee.................... 221

21

22

23

24

25

App. 187

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1 EXHIBIT INDEX

2

EXHIBIT ID'D ADMITTED

3

Joint Exhibit No. 1................... 24

4 Joint Exhibit No. 2................... 30

5 EXHIBIT ID'D ADMITTED

6 Chinery-Lee Exhibit No. 1............. 36 242

Chinery-Lee Exhibit No. 2............. 38 242

7 Chinery-Lee Exhibit No. 3............. 229 242

Chinery-Lee Exhibit No. 5............. 234 242

8 Chinery-Lee Exhibit No. 6............. 235 242

Chinery-Lee Exhibit No. 7............. 236 242

9 Chinery-Lee Exhibit No. 8............. 236 242

Chinery-Lee Exhibit No. 9............. 238 242

10 Chinery-Lee Exhibit No. 10............ 240 242

Chinery-Lee Exhibit No. 11............ 241 242

11 Chinery-Lee Exhibit No. 12............ 50 50

Chinery-Lee Exhibit No. 13............ 81 84

12 Chinery-Lee Exhibit No. 14............ 108 114

Chinery-Lee Exhibit No. 15............ 105 114

13 Chinery-Lee Exhibit No. 16............ 105 114

Chinery-Lee Exhibit No. 17............ 119 121

14 Chinery-Lee Exhibit No. 18............ 120 121

Chinery-Lee Exhibit No. 24............ 50 51

15

EXHIBIT ID'D ADMITTED

16

Vargas Exhibit No. 10................. 159 173

17 Vargas Exhibit No. 12................. 132 134

Vargas Exhibit No. 14................. 53

18 Vargas Exhibit No. 26................. 62 64

Vargas Exhibit No. 27................. 66

19 Vargas Exhibit No. 29................. 162 173

Vargas Exhibit No. 30................. 162 173

20 Vargas Exhibit No. 33................. 161

Vargas Exhibit No. 36................. 160 173

21 Vargas Exhibit No. 98................. 205

Vargas Exhibit No. 99................. 127 134

22

23

24

25

App. 188

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1 Q. What sort of financial documents did you look

2 at? Can you go through that?

3 A. We looked at the exit package first. Then we

4 looked at Laura Glading's exit package. And then we

5 looked at credit cards. We looked at mileage. We

6 looked at monthlies, weeklies, monthlies, weeklies,

7 receipts. I mean, mostly credit cards. It was mostly

8 credit cards. So I mean, because that's what -- I

9 mean, credit cards, monthlies, weeklies, yeah, we --

10 Q. Okay. How would you --

11 (Simultaneous speaking.)

12 Q. -- characterize the state of the financial

13 records?

14 A. A mess. That's -- I mean, I'm no accountant

15 and I'm no Treasurer, but it looked like a mess to me.

16 They were all -- yeah, so...

17 Q. How -- how were they presented to you?

18 A. Which ones?

19 Q. Okay. I'm going to withdraw that. Were you

20 able to see all the -- all the documents you needed to

21 see?

22 A. No. Some of them were missing.

23 Q. Just to be clear, what information have you

24 requested and are not able to see or not -- have not

25 been able to see?

App. 189

A. We looked at the exit package first. Then we

4 looked at Laura Glading's exit package. And then we

5 looked at credit cards. We looked at mileage. We

6 looked at monthlies, weeklies, monthlies, weeklies,

7 receipts. I mean, mostly credit cards. It was mostly

8 credit cards. So I mean, because that's what -- I

9 mean, credit cards, monthlies, weeklies, yeah, we --

10 Q. Okay. How would you --

11 (Simultaneous speaking.)

12 Q. -- characterize the state of the financial

13 records?

14 A. A mess. That's -- I mean, I'm no accountant

15 and I'm no Treasurer, but it looked like a mess to me.

16 They were all -- yeah, so...

17 Q. How -- how were they presented to you?

18 A. Which ones?

19 Q. Okay. I'm going to withdraw that. Were you

20 able to see all the -- all the documents you needed to

21 see?

22 A. No. Some of them were missing.

23 Q. Just to be clear, what information have you

24 requested and are not able to see or not -- have not

25 been able to see?

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1 A. Well, without having my list in front of me,

2 there was petty cash we couldn't get and if it was

3 given to us, it was way after -- I mean, these books, I

4 mean, this is all new to me. So the petty cash came a

5 couple days ago and it was not uploading and all that

6 stuff, so -- and we didn't even know if it was the

7 whole thing. And then we didn't get to see the

8 receipts.

9 Q. The receipts?

10 A. For Mr. Vargas' monthlies that Erik said he

11 couldn't find.

12 Q. Did we see any receipts?

13 A. Well, at first I thought we saw receipts, but

14 I -- I -- come to find out, we didn't. So we saw

15 receipts for the credit card, but we didn't see

16 receipts for the monthlies, so -- but that's...

17 Q. So you saw all the receipts for the credit

18 cards?

19 A. Well, the ones that were there. There were

20 some missing. The pages, pages -- some pages were

21 gone, like, we had to --

22 Q. What are the -- what are the receipts for the

23 monthly?

24 A. If I'm -- the receipts for the --

25 Q. If you don't --

App. 190

For Mr. Vargas' monthlies that Erik said he

11 couldn't find.

12 Q. Did we see any receipts?

13 A. Well, at first I thought we saw receipts, but

14 I -- I -- come to find out, we didn't. So we saw

15 receipts for the credit card, but we didn't see

16 receipts for the monthlies, so -- but that's...

17 Q. So you saw all the receipts for the credit

18 cards?

19 A. Well, the ones that were there. There were

20 some missing. The pages, pages -- some pages were

21 gone, like, we had to --

22 Q. What are the -- what are the receipts for the

23 monthly?

24 A. If I'm -- the receipts for the --

25 Q. If you don't --

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1 A. -- monthly --

2 Q. -- know, that's okay. If you know, tell me.

3 A. I know. There was -- well, to my

4 understanding, the receipts for the monthlies are

5 whatever the expense, the expenses, but I could be

6 wrong.

7 Q. In your visits to your -- your many visits to

8 APFA headquarters, were you informed of missing boxes

9 of financial documents?

10 A. Yes.

11 Q. What did they tell you?

12 A. Well, it was Erik and --

13 Q. Well, what did he tell you?

14 A. He said the box from S to Z was missing for

15 the fiscal year for 2 -- 2017.

16 Q. S through Z? V.

17 A. Was it V? Okay. So it was that box because

18 it was -- trying to think.

19 Q. Prior to that were the boxes missing? Prior

20 to this box from S through V, were there other boxes

21 that were lost?

22 A. Well, we were told -- I can't really -- I

23 can't remember. I mean, it was such a -- it was so --

24 I mean, things -- things would go missing and then Erik

25 would find them. And -- and then this one, you know,

App. 191

-- monthly --

2 Q. -- know, that's okay. If you know, tell me.

3 A. I know. There was -- well, to my

4 understanding, the receipts for the monthlies are

5 whatever the expense, the expenses, but I could be

6 wrong.

7 Q. In your visits to your -- your many visits to

8 APFA headquarters, were you informed of missing boxes

9 of financial documents?

10 A. Yes.

11 Q. What did they tell you?

12 A. Well, it was Erik and --

13 Q. Well, what did he tell you?

14 A. He said the box from S to Z was missing for

15 the fiscal year for 2 -- 2017.

16 Q. S through Z? V.

17 A. Was it V? Okay. So it was that box because

18 it was -- trying to think.

19 Q. Prior to that were the boxes missing? Prior

20 to this box from S through V, were there other boxes

21 that were lost?

22 A. Well, we were told -- I can't really -- I

23 can't remember. I mean, it was such a -- it was so --

24 I mean, things -- things would go missing and then Erik

25 would find them. And -- and then this one, you know,

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1 obviously because it's Vargas, you know, I mean,

2 trapped, I mean, so this box was critical and so, I

3 mean, this is the only one --

4 Q. Did -- did Mr. Harris, the National Treasurer

5 current, explain to you where the missing boxes were?

6 A. He said he didn't know.

7 Q. Did he ask -- did you -- how many storage

8 units were the box -- were the financial documents

9 stored in?

10 A. If I'm remembering it correctly, he said one

11 or two and -- but I didn't really get into that --

12 Q. Okay.

13 A. -- when he couldn't find the boxes, I was

14 like --

15 Q. We're moving on. What's your -- what is your

16 understanding under -- under the APFA Constitution and

17 federal law for requiring us to keep documents?

18 A. Well, I just know that you're supposed to.

19 That's the LMRDA. I mean, for -- I think it's -- I do

20 believe it's at least five years, but it might be

21 seven. But I know that, you know, financial records

22 should be kept.

23 Q. Okay. What are the weeklies?

24 A. The weeklies are what the National Officers --

25 or actually, I mean, no, because we've only seen the

App. 192

obviously because it's Vargas, you know, I mean,

2 trapped, I mean, so this box was critical and so, I

3 mean, this is the only one --

4 Q. Did -- did Mr. Harris, the National Treasurer

5 current, explain to you where the missing boxes were?

6 A. He said he didn't know.

7 Q. Did he ask -- did you -- how many storage

8 units were the box -- were the financial documents

9 stored in?

10 A. If I'm remembering it correctly, he said one

11 or two and -- but I didn't really get into that --

12 Q. Okay.

13 A. -- when he couldn't find the boxes, I was

14 like --

15 Q. We're moving on. What's your -- what is your

16 understanding under -- under the APFA Constitution and

17 federal law for requiring us to keep documents?

18 A. Well, I just know that you're supposed to.

19 That's the LMRDA. I mean, for -- I think it's -- I do

20 believe it's at least five years, but it might be

21 seven. But I know that, you know, financial records

22 should be kept.

23 Q. Okay. What are the weeklies?

24 A. The weeklies are what the National Officers --

25 or actually, I mean, no, because we've only seen the

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1 A. There are still -- well, there are some

2 missing credit card receipts for Craig Gunter and Liz

3 Geiss that we are unable to locate.

4 Q. So isn't it true you said that months of

5 those, quote, Chris, he just doesn't have?

6 A. Yes.

7 Q. Okay. So in previous testimony and

8 questioning, Ms. Chinery and Lee with missing

9 documents, they have missing box and such they have

10 questioned as to whether there was tampering or things

11 stolen. Do you have any reason to believe these were

12 stolen, deleted, anything like that?

13 MS. CHINERY: Calls for speculation.

14 MS. MORGAN: I'm asking the Treasurer

15 and his department.

16 THE ARBITRATOR: Just asking whether he

17 has knowledge of it. Are you aware of it?

18 A. I don't know.

19 MS. MORGAN: Okay. So regarding their

20 Exhibit 8, we'd like to enter it as our Exhibit 44. Go

21 back to the white one.

22 Q. (BY MS. MORGAN) Okay. So Mr. Harris, they

23 had you read this email you sent yesterday into the

24 record. That being said, they had you stop prior to

25 finishing the email. So now we're going to ask you to

App. 193

MS. MORGAN: Okay. So regarding their

20 Exhibit 8, we'd like to enter it as our Exhibit 44. Go

21 back to the white one.

22 Q. (BY MS. MORGAN) Okay. So Mr. Harris, they

23 had you read this email you sent yesterday into the

24 record. That being said, they had you stop prior to

25 finishing the email. So now we're going to ask you to

There are still -- well, there are some

2 missing credit card receipts for Craig Gunter and Liz

3 Geiss that we are unable to locate.

4 Q. So isn't it true you said that months of

5 those, quote, Chris, he just doesn't have?

6 A. Yes.

7 Q. Okay. So in previous testimony and

8 questioning, Ms. Chinery and Lee with missing

9 documents, they have missing box and such they have

10 questioned as to whether there was tampering or things

11 stolen. Do you have any reason to believe these were

12 stolen, deleted, anything like that?

13 MS. CHINERY: Calls for speculation.

14 MS. MORGAN: I'm asking the Treasurer

15 and his department.

16 THE ARBITRATOR: Just asking whether he

17 has knowledge of it. Are you aware of it?

18 A. I don't know.

19

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1 read it into the record in its entirety.

2 A. Sure. The entire email?

3 Q. Yeah, start from the text that you wrote.

4 A. Oh, okay. Hi, Melissa -- okay. Hi, Melissa

5 and Sandra. You should have everything requested,

6 however, I understand you're still going through

7 everything. If you encounter any missing or additional

8 items needed, please send them over to me. The

9 following documents are missing:

10 Number one, the box containing all

11 accounts payable invoices, reports, and documents for

12 fiscal year ending 2017, beginning with letter S

13 through V. This would contain all backup and support

14 documents or receipts for Eugenio Vargas' monthly

15 reports during this time frame.

16 Number two, receipts for Eugenio Vargas'

17 purchase of Greg Gunter's APFA owned furniture.

18 Number three, all petty cash logs,

19 records, and receipts for fiscal year ending 2017.

20 We continue to search every day for these

21 records. There are individuals who have seen these

22 documents in the recent past; however, they have

23 been -- they have inexplicably disappeared from my

24 custody.

25 I will keep you posted on any information

App. 194

Number one, the box containing all

11 accounts payable invoices, reports, and documents for

12 fiscal year ending 2017, beginning with letter S

13 through V. This would contain all backup and support

14 documents or receipts for Eugenio Vargas' monthly

15 reports during this time frame.

16 Number two, receipts for Eugenio Vargas'

17 purchase of Greg Gunter's APFA owned furniture.

18 Number three, all petty cash logs,

19 records, and receipts for fiscal year ending 2017.

20 We continue to search every day for these

21 records. There are individuals who have seen these

22 documents in the recent past; however, they have

23 been -- they have inexplicably disappeared from my

24 custody.

25 I will keep you posted on any information

read it into the record in its entirety.

2 A. Sure. The entire email?

3 Q. Yeah, start from the text that you wrote.

4 A. Oh, okay. Hi, Melissa -- okay. Hi, Melissa

5 and Sandra. You should have everything requested,

6 however, I understand you're still going through

7 everything. If you encounter any missing or additional

8 items needed, please send them over to me. The

9 following documents are missing:

10

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1 that I receive, should there be any updates.

2 Thank you again for your patience and

3 understanding. Thanks, Erik.

4 Q. Okay. So isn't it true that this email

5 confirms in a direct quote from you that there are

6 individuals, quote, there are individuals, who have

7 seen these documents in the recent past; however, they

8 have inexplicably disappeared from my custody, end

9 quote?

10 A. Yes.

11 Q. Okay. So you personally have taken ownership

12 for this issue because you as the Treasurer take

13 responsibility?

14 A. Yes.

15 Q. Isn't it also true yesterday that you

16 testified some of these items were found?

17 A. Yes.

18 Q. And we have every confidence in your ability

19 to locate them and we know the stress that this

20 arbitration has placed on your department.

21 A. Yes. Thank you.

22 Q. So let's go to August 4th, 2020, the date Ms.

23 Chinery and Ms. Lee were, by their own claim, given the

24 Ross Transition Agreement.

25 A. Yes, or shown it.

App. 195

that I receive, should there be any updates.

2 Thank you again for your patience and

3 understanding. Thanks, Erik.

4 Q. Okay. So isn't it true that this email

5 confirms in a direct quote from you that there are

6 individuals, quote, there are individuals, who have

7 seen these documents in the recent past; however, they

8 have inexplicably disappeared from my custody, end

9 quote?

10 A. Yes.

11 Q. Okay. So you personally have taken ownership

12 for this issue because you as the Treasurer take

13 responsibility?

14 A. Yes.

15 Q. Isn't it also true yesterday that you

16 testified some of these items were found?

17 A. Yes.

18 Q. And we have every confidence in your ability

19 to locate them and we know the stress that this

20 arbitration has placed on your department.

21 A. Yes. Thank you.

22 Q. So let's go to August 4th, 2020, the date Ms.

23 Chinery and Ms. Lee were, by their own claim, given the

24 Ross Transition Agreement.

25 A. Yes, or shown it.

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1 Q. Shown it. Well, given to review --

2 A. Oh, I didn't give it.

3 Q. -- shown, given to review. Who was in the

4 room with them?

5 A. At the time it was Julie, myself, Margot. I

6 believe the other two Officers that were there, from

7 what I recall.

8 Q. Who gave them the document?

9 A. I did, yeah.

10 Q. Okay. Did you see the document?

11 A. Yes.

12 Q. Where did you get the document?

13 A. I received it from our attorney.

14 Q. Which attorney?

15 A. Bill Osborne.

16 Q. He handed it to you?

17 A. No, he emailed it to me.

18 Q. Would you recognize it if you saw the

19 document?

20 A. Yes.

21 Q. Okay. Would you turn to Exhibit 98?

22 MS. CHINERY: Do we have 98?

23 MS. MORGAN: It's been admitted 98.

24 MS. LEE: Do we have 98?

25 MS. MORGAN: Yes, we gave it to you

App. 196

Shown it. Well, given to review --

2 A. Oh, I didn't give it.

3 Q. -- shown, given to review. Who was in the

4 room with them?

5 A. At the time it was Julie, myself, Margot. I

6 believe the other two Officers that were there, from

7 what I recall.

8 Q. Who gave them the document?

9 A. I did, yeah.

10 Q. Okay. Did you see the document?

11 A. Yes.

12 Q. Where did you get the document?

13 A. I received it from our attorney.

14 Q. Which attorney?

15 A. Bill Osborne.

16 Q. He handed it to you?

17 A. No, he emailed it to me.

18 Q. Would you recognize it if you saw the

19 document?

20 A. Yes.

21 Q. Okay. Would you turn to Exhibit 98?

22

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1 STATE OF TEXAS )

2 COUNTY OF DALLAS )

3 THIS IS TO CERTIFY THAT I, MELISSA J. CARSON,

4 a Certified Shorthand Reporter in and for the State of

5 Texas, reported in shorthand the proceedings had at the

6 time and place set forth in the caption hereof, and

7 that the above and foregoing 265 pages contain a full,

8 true, and correct transcript of the said proceedings to

9 the best of my ability.

10 Certified to on this the 28th day of October,

11 2021.

12

13

14 ____________________________

 MELISSA J. CARSON, Certified

15 Shorthand Reporter in and for

 The State of Texas

16

17

18 Certification No. 1737

19 CRCB Firm Registration #489

20 Expires August 31, 2022

21 CARSON REPORTING & ASSOCIATES

22 Post Office Box 551628

23 Dallas, Texas 75355-1628

24 Telephone 214.346.3434

25

App. 197

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