EXHIBIT 3

TO

PLAINTIFF’S CONTROVERTING STATEMENT OF FACTS 

IN RESPONSE TO

DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 1 of 25
Miller Certified Reporting, LLC

1

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

CLEOPATRIA MARTINEZ, 

Plaintiffs, 

vs.

MARICOPA COUNTY COMMUNITY COLLEGE 

DISTRICT, a political subdivision of 

the State, and RUFUS GLASPER and 

DEBRA GLASPER, husband and wife,

 Defendants. 

____________________________________

)

)

)

)

)

)

)

)

)

)

)

)

)

No. CV 15-01759 NVW

DEPOSITION OF Rule 30(b)(6), TERESA TONEY

Phoenix, Arizona

November 10, 2016

10:04 a.m. 

Miller Certified Reporting, LLC

Post Office Box 513

Litchfield Park, Arizona 85340 

(P)623-975-7472 (F)623-975-7462

www.MillerCertifiedReporting.com 

(Copy)

Angela Furniss Miller, RPR

Certified Reporter (AZ 50125) 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 2 of 25
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

Miller Certified Reporting, LLC

2

I N D E X

WITNESS PAGE

 

Rule 30(b)(6), TERESA TONEY 

EXAMINATION BY MR. ROBAINA 4

EXAMINATION BY MS. BALCH 20

FURTHER EXAMINATION BY MR. ROBAINA 21

* * *

E X H I B I T S

NO. DESCRIPTION PAGE

No. 1 Maricopa County Community College 

District Revised Governing Board 

Agenda, March 25, 2014

8

No. 2 Maricopa County Community College 

District Governing Board Minutes, 

March 25, 2014

13

No. 3 Maricopa County Community College 

District revised Governing Board 

Agenda, May 27, 2014

17

No. 4 Maricopa County Community College 

District Governing Board Minutes, May 

27, 2014

18

No. 5 Maricopa County Community College 

District Revised Governing Board 

Agenda, October 28, 2014

18

No. 6 Maricopa County Community College 

District Governing Board Minutes, 

October 28, 2014

19

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 3 of 25
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

Miller Certified Reporting, LLC

3

DEPOSITION OF Rule 30(b)(6), TERESA TONEY, a 

witness herein, was taken upon oral examination by the 

parties through their respective attorneys before ANGELA 

FURNISS MILLER, a Certified Reporter in and for the County 

of Maricopa, State of Arizona, taken on November 10, 2016, 

commencing at 10:04 a.m., at the law offices of ROBAINA & 

KRESIN, PLLC, 5343 North 16th Street, Suite 200, Phoenix, 

Arizona.

COUNSEL APPEARING:

ROBAINA & KRESIN, PLLC

BY: Mr. Edmundo P. Robaina, Esq. 

BY: Ms. Ashley A. Marton, Esq. 

5343 North 16th Street, Suite 200

Phoenix, Arizona 85016

epr@robainalaw.com

aam@robainalaw.com 

Attorneys for Plaintiff

FISHER & PHILLIPS, LLP

BY: Ms. Shayna H. Balch, Esq.

201 East Washington Street, Suite 1450

Phoenix, Arizona 85004

sbalch@laborlawyers.com 

Attorneys for Defendant

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 4 of 25
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

Miller Certified Reporting, LLC

4

Phoenix, Arizona

November 15, 2016

10:04 a.m. 

TERESA TONEY,

called as a witness herein, having been first duly sworn, 

was examined and testified as follows: 

EXAMINATION 

BY MR. ROBAINA: 

Q. Could you state your name, please? 

A. Teresa Toney. 

Q. Ms. Toney, have you ever had your deposition 

taken before? 

A. Once. 

Q. Okay. What was the circumstance? 

A. It was about 15 or so years ago when I was the 

district EEO manager, and it was related to an employment 

grievance. 

Q. Okay. Let me just go through the deposition 

protocol. The court reporter is taking down everything 

that we say. So if you would, please make sure to answer 

audibly. If a question calls for a yes or no, please say 

"yes" or "no," rather than "uh-huh" or "huh-uh," because 

it won't translate well on the transcript. 

If you don't understand any question that I ask, 

I'll be happy to repeat it or rephrase it. If you need to 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 5 of 25
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

Miller Certified Reporting, LLC

5

take a break at any time, just let me know. The only 

thing I'd like is to finish the line of questioning. 

Sometimes Ms. Balch may make an objection. She's 

doing that for purposes of the record so that a judge can 

decide later on whether or not to -- that it's a good 

objection or not. So, go ahead and answer the question 

unless she specifically tells you not to. 

Do you have any questions for me before we start? 

A. No. 

Q. Let me just get a quick background. What is your 

current occupation? 

A. I serve as the manager for the Office of Public 

Stewardship for the Maricopa Community College District. 

Q. Okay. What are your duties? 

A. There are several functions. I serve as the 

manager of governance, and in that capacity I work with 

the Governing Board and the Chancellor on the adoption of 

Board policies and the Chancellor's administrative 

regulations, with the exception of employee group 

policies, I'm not involved in that process. 

I also serve as the District's ombudsman as well 

as the custodian of record, and I'm also responsible for 

the tuition waiver program. So, many things that relate 

to the stewardship as it involves the members of the 

public and our internal community. 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 6 of 25
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

Miller Certified Reporting, LLC

6

Q. How long have you been with MCCD [sic]? 

A. Twenty-six years.

Q. Okay. Can you give me just a brief rundown of 

your -- of your jobs? 

A. I initially was hired as an institutional 

researcher. All of my positions have been in the Office 

of General Counsel. And in the capacity of institutional 

researcher, I was responsible for the air quality 

compliance program at the time when Maricopa County had 

adopted regulations related to reduction of pollution. 

Q. What year was this? 

A. That was in 1990. 

Q. Okay. 

A. And from there I began to work with the attorneys 

on different cases doing research and was trained in the 

area of EEO/affirmative action and served as the 

District's equal employment officer. 

Q. When was this? 

A. That would have been from about 1995 to about 

'97, '98. Some positions I also served simultaneously. 

At the same time, I was working on my master's in public 

administration and received an MPA in public 

administration with an emphasis in public policy. And in 

1996, our Governing Board adopted a governance structure 

called Policy Governance, and that's where I began to work 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 7 of 25
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

Miller Certified Reporting, LLC

7

with the Governing Board on the administration of policies 

and regulations. 

Then in 2008, we established the Office of Public 

Stewardship and I became the ombudsman to serve both 

internal and external communities on matters that were -- 

that citizens or the internal community had regarding 

Maricopa, and I would serve as a liaison to help identify 

what solutions individuals might have in resolving an 

issue. 

Q. Have you been in that position ever since? 

A. I've -- I've served as the manager for the Office 

of Public Stewardship since 2008; and the functions that I 

described in terms of governance, custodian of records, 

ombudsman, and tuition reimbursement program have all been 

those that function from that point in time. 

Q. You mention you have an MBA? 

A. MPA. 

Q. Yeah, MPA. What's your under grad? 

A. Marketing, business -- well, bachelor of science. 

Both degrees are from ASU. 

Q. Okay. You understand that you're here today as 

the MCCCD's representative for a Rule 30(b)(6) deposition 

regarding MCCCD's Governing Board process? 

A. For public meetings? 

Q. Yes, ma'am. 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 8 of 25
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

Miller Certified Reporting, LLC

8

A. Yes. 

Q. Okay. And so you're familiar with the way that 

MCCCD carries on its public meetings? 

A. Correct. 

Q. All right. The meetings that MCCCD has with -- 

the Governing Board meetings, we're going to call them 

Governing Board meetings, okay, those are to your 

knowledge subject to Arizona's public meeting laws? 

A. All meetings are subject to the public meeting 

law. There are executive sessions that are not open to 

the public, but all other meetings that the Governing 

Board has are considered public meetings. 

Q. And to your knowledge -- I'm going to show you 

what I'd like to have marked as Exhibit 1. 

(Exhibit 1 was marked for identification.)

BY MR. ROBAINA:

Q. Can you take a look at that and let me know when 

you've had time? 

A. Yes. I'm familiar with this structure, this 

notice. 

Q. Okay. What is this? 

A. This is -- well, it appears to be a Web -- 

someone has gone onto the Web page and copied a posting of 

the Board protocol for addressing -- the protocol 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 9 of 25
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

Miller Certified Reporting, LLC

9

addressing the Governing Board. So, this is taken from 

the Governing Board's Website and it would have been a 

posting of the agenda for the March 25th, 2014, Governing 

Board meeting. 

Q. Does MCCD typically post notices of agendas on -- 

on the Web? 

A. The MCCCD -- 

MS. BALCH: Objection. Form. Go ahead. 

Q. BY MR. ROBAINA: Go ahead. 

A. The MCCCD posts -- this meeting here that is 

posted is a business meeting, and business meetings are 

posted outside of the Governing Board office. 

Q. Okay. 

A. I mean, the -- the meeting office, as well as 

online. 

Q. And this appears to be the notice from 

March 25th, 2014, correct? 

A. Yes. 

Q. All right. And can you just -- you've seen -- 

you're familiar with these, right? 

A. Yes. 

Q. Okay. Can you just kind of take me through this 

on -- you have to post notice of all the agenda items, 

correct? 

A. The items that the Governing Board has identified 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 10 of 25
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

Miller Certified Reporting, LLC

10

in advance as being items to be discussed are posted on 

the agenda. 

Q. Okay. Because if they're not posted on the 

agenda, they can't discuss them and they can't take legal 

action, correct? 

A. Correct.

MR. ROBAINA: So, is it -- you know what, can you 

give me one second. I have two pairs of glasses, one to 

see and one to read, and I need my reading glasses. 

(Whereupon a brief recess was taken.)

BY MR. ROBAINA:

Q. All right. So, can you tell from this -- from 

this document what was on the agenda for -- on March 25, 

2014? 

A. It is a standard agenda that outlines, you know, 

what would take place that evening and, you know, it 

follows the order of business, meaning that there's a call 

to order, there's a general section, there's an approval 

of the order of the agenda; there's a consent agenda; 

action items; consideration of non-consent action items; 

monitoring reports; and community linkage; establishment 

of meeting time and date. All of those are standard 

topics that follow the Board's normal agenda. 

Q. What were the items that the Board could discuss 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 11 of 25
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

Miller Certified Reporting, LLC

11

and take legal action on for that night -- or, for that 

day? 

A. The items that were posted on the agenda under 

"action." The Governing Board could also determine to 

take action -- well, the distinction between consent 

agenda and non-consent agenda -- 

Q. Where are you looking? 

A. On page 2. 

Q. Oh. There we go.

A. Item 4 is action items, Item 5 are non-consent. 

Q. Okay. You see the citizen's interim? 

A. Yes. 

Q. What is the citizen's interim? 

A. The citizen's interim is an opportunity for 

members to come before the Board to talk about either 

items that are on the agenda or items that are not on the 

agenda. 

Q. If the items are not on the agenda, the Board 

can't -- can't take legal action? 

A. Not at that meeting. 

MS. BALCH: Objection. Form. 

Q. BY MR. ROBAINA: Go ahead. 

A. The Board can determine if they -- if a citizen, 

internal or external, comes before the Board during 

consent agenda, the Board can decide to take an item under 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 12 of 25
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

Miller Certified Reporting, LLC

12

consideration at a later meeting. 

Q. Okay. And where would that be -- where would 

that be noted if they decide to do that? 

MS. BALCH: Objection. Form. 

MR. ROBAINA: What's the objection? 

MS. BALCH: Objection. Form. Calls for 

speculation. 

Q. BY MR. ROBAINA: Do you know where -- how the 

Board would -- 

MS. BALCH: And vague and ambiguous. 

Q. BY MR. ROBAINA: How would the Board go about 

noting that they were going to take an item and put it on 

a -- under consideration at a later meeting? 

A. We have a citizen's guide that is also publicly 

posted that describes how citizens can interact with the 

Governing Board and there's language that is posted there; 

and also if you look at the Governing Board's policy and 

manner of governing, it's discretionary as to whether or 

not the Board will or not. So, it depends on what the 

issue is. The Board is not required to put items on an 

additional agenda, but it is at its discretion if it 

decides to do that. 

Q. But if the Board decides to do that, will it note 

that it's deciding to do that somewhere? 

A. The Board President would -- who runs the meeting 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 13 of 25
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

Miller Certified Reporting, LLC

13

and the order of the meeting could say this is a matter 

that the Board would like additional information on and 

would advise the Chancellor at that point in time to bring 

additional information forward. 

Q. Okay. So, let me show you what I'm going to have 

marked as Exhibit 2. 

(Exhibit 2 was marked for identification.)

Q. BY MR. ROBAINA: Take your time to take a look at 

that. 

Do you recognize this document?

A. These are the corresponding meeting minutes to 

the March 25th meeting. 

Q. And you're familiar with the meeting minutes? 

A. Yes. 

Q. Okay. Is there a place in the meeting minutes 

where it would be noted that the Board has decided to -- 

to take a further look at an item that is raised in the 

citizen's interim? 

A. Are you talking specifically about the March 25th 

minutes, or are you talking about any meeting of the Board 

during citizen's interim would have done that? 

Q. Let's talk first in general. Is it normally 

noted in this -- what do you call this document again? 

The -- the -- I'm sorry, the Governing Board minutes.

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 14 of 25
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

Miller Certified Reporting, LLC

14

Would it normally be noted in the Governing Board 

minutes? 

A. If in what you have presented before me -- 

MS. BALCH: Objection. Form. Go ahead. 

THE WITNESS: Okay. -- are the items that are 

specific to the particular meeting. The question that you 

are presenting is a question that seems to speculate what 

may happen at another meeting. 

Q. BY MR. ROBAINA: I'm not asking you to speculate. 

I'm asking if you know if there's a process that's in 

place with regard to what happens if the Governing Board 

wants to take a further look at something that somebody 

has raised in the citizen's interim. Is there a normal -- 

A. It would be noted in the meeting minutes during 

citizen's interim if that occurred. 

Q. All right. Can we look at, then, on page 4 of 17 

in Exhibit 2. These are the items that were discussed in 

the citizen's interim, correct, on March 25, 2014? 

A. Correct. 

Q. All right. And the one that I'm interested in -- 

or, the two that I'm interested in are numbers 3 and 4 

where it says Mr. Stephen Montoya, citizen, and Dr. 

Cleopatria Martinez, citizen and employee. Do you see 

those? 

A. Yes, I do. 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 15 of 25
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

Miller Certified Reporting, LLC

15

Q. All right. Can you tell me if there is anything 

in this -- in these Governing Board minutes that indicate 

that the Board sought or was going to seek any further 

information on anything that was presented in these two 

citizen's interim presentations? 

A. I do not see it. 

Q. Okay. Typically it would be there if there was 

going to be any other consideration, correct? 

A. If you see the first exhibit that you had 

presented to me, on page 2, Consideration of Consent 

Agenda Items -- not consent agenda may not. Citizen's 

interim, I'm sorry. Under Item General E, citizen's 

interim. The Governing Board President addresses that 

prior to citizen's interim, you know, what will take 

place. So, you know, the President typically makes a 

statement about what would occur. So, individuals know in 

advance if -- you know, what that process would be because 

it's noted during the meeting. 

Q. But if I'm understanding you correctly, then, 

individuals understand what the process is going to be 

then individuals speak, right? 

A. (No oral response.) 

Q. And if the Board is going to -- they can't -- 

they can't speak on these items in citizen's interim, 

correct, at that meeting, right? 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 16 of 25
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

Miller Certified Reporting, LLC

16

MS. BALCH: Objection. Form. 

Q. BY MR. ROBAINA: Go ahead. 

A. Could you repeat the question?

MR. ROBAINA: Can you read it back, please? 

(Whereupon the record was read.)

BY MR. ROBAINA:

Q. Let me ask a better question. In the citizen's 

interim a citizen raises an issue that's not on the Board 

agenda, the Board cannot discuss or take action on that 

issue that the citizen raises at that meeting, correct? 

MS. BALCH: Objection. Form. Answer if you can. 

THE WITNESS: Can I point back to the language 

here that says: "When necessary, issues will be taken 

under advisement and placed on a subsequent 

agenda." 

Q. BY MR. ROBAINA: Okay. So that's the answer? 

A. That's the answer. 

Q. And in the Governing Board minutes on March 25, 

2014, just to be clear, you don't -- if they were going to 

place it on any later agenda, that would be reflected in 

the Governing Board minutes, correct? 

A. Yes. 

Q. All right. How long are citizens -- is there a 

time limit for citizens to speak in citizen's interims? 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 17 of 25
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

Miller Certified Reporting, LLC

17

A. About five minutes. 

Q. Is there a rule for that? 

A. It's outlined in the Governing Board's policy for 

meetings. 

Q. I may have asked you this before, but if the 

Governing Board discusses an item and takes legal action 

on that item, that's going to be reflected in the 

Governing Board minutes, right? 

A. Your -- 

MS. BALCH: Objection. Form. Answer if you can. 

Q. BY MR. ROBAINA: Go ahead. 

A. If an item has been placed on the agenda for 

action, that would appear on the agenda that's been posted 

for public notice. So, if the Governing Board is going to 

make a vote on an item, it would need to appear on the 

agenda. 

Q. Let me show you what I'd like to have marked as 

Exhibit 3. 

(Exhibit 3 was marked for identification.)

BY MR. ROBAINA:

Q. Can you identify what this is? 

A. This is another sample of Board meeting minutes 

that have been retrieved from the Governing Board's online 

Web page, and they are reflective of the agenda for the 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 18 of 25
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

Miller Certified Reporting, LLC

18

May 27, 2014 agenda. 

Q. Okay. Let me show you what I'd like to have 

marked as Exhibit 4. 

(Exhibit 4 was marked for identification.)

BY MR. ROBAINA:

Q. Can you identify this document? 

A. This is a copy of the Governing Board meeting 

minutes that have been retrieved from the Governing 

Board's online Web page, and they are reflective of the 

minutes from May 27th, 2014. 

Q. All right. Can you take a look at page 7? 

One of the persons that spoke during this 

citizen's interim according to this Governing Board's 

minutes is Dr. Charles Townsel. Do you see that? 

A. Yes. 

Q. Is there anything in this document that indicates 

that any of Dr. Townsel's statements were later set up for 

a subsequent Board discussion? 

A. No. 

Q. Okay. Let me show you what I'd like to have 

marked as Exhibit 5. 

(Exhibit 5 was marked for identification.)

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 19 of 25
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

Miller Certified Reporting, LLC

19

BY MR. ROBAINA:

Q. Can you identify that document? 

A. An online version of the Governing Board's agenda 

for October 28th, 2014. 

Q. And let me show you Exhibit 6. 

(Exhibit 6 was marked for identification.)

BY MR. ROBAINA:

Q. Can you identify that document? 

A. Governing Board meeting minutes; October 28th, 

2014. 

Q. And can you look at page 2? 

And two of the people that spoke at the 

citizen's interim according to this was Cleopatria 

Martinez and Dr. Charles Townsel, correct? 

A. Correct. 

Q. Do you see anything in this document that 

indicates that anything that they said was set for 

consideration at a later meeting? 

A. Well, in the 30 seconds that I have had this, I 

have not had a chance to review it fully. 

Q. Well, please, review it. 

A. Okay.

Repeat your question. 

Q. Do you see anything in that document, Exhibit 6, 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 20 of 25
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

Miller Certified Reporting, LLC

20

that indicates that anything that was said by Dr. Martinez 

or Dr. Townsel was set for consideration at a later 

Governing Board meeting? 

A. No.

MR. ROBAINA: Take a quick break. I'll be right 

back. 

(Recess taken from 10:31 a.m. to 10:34 a.m.) 

MR. ROBAINA: All right. That's all I have. 

MS. BALCH: I do have one quick follow-up 

question. It will take, like, less than two minutes. 

EXAMINATION 

BY MS. BALCH:

Q. Earlier Mr. Robaina asked you a question about 

the time limitation for citizen's interim and you 

indicated that it was a five-minute limitation. Is that a 

hard, fast rule? 

MR. ROBAINA: Object to form.

Q. BY MS. BALCH: Go ahead. 

A. Depending on the number of people who have come 

forward and what's going on, the Governing Board President 

can afford additional time for a citizen to speak. 

MS. BALCH: All right. 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 21 of 25
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

Miller Certified Reporting, LLC

21

FURTHER EXAMINATION 

BY MR. ROBAINA: 

Q. I'll ask -- let me ask you a question, then, to 

follow up. 

Can you take a look at -- and take your time, 

obviously -- at Exhibits 2, 4, and 6. Is there anything 

in those documents that would indicate that additional 

time was granted to any of the speakers?

A. Well, in the meeting minutes of October 28th, 

2014, I see that Dr. Martinez's statement in its entirety 

was included as an appendix to the meeting. So, that 

becoming part of the official meeting, you know, indicates 

that that was an opportunity to submit additional 

information. 

The Governing Board Assistant when taking the 

notes doesn't chronicle the amount of time. So, it could 

have happened, it's just not reflective here. 

Q. I asked you earlier if there was a policy -- I 

asked you earlier how long citizens are allowed to speak 

during citizen's interim and you said it was about five 

minutes and I asked you if there was a rule for that and 

you said it was outlined in the Board's policy for 

meetings. 

A. Mm-hm. 

Q. What policy is that? 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 22 of 25
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

Miller Certified Reporting, LLC

22

A. Can I look? 

MS. BALCH: If you don't know it, we can 

supplement and provide that to opposing counsel. If you 

don't know it, you can say you don't know it. 

THE WITNESS: Well, there is language that's 

posted on the Governing Board's Web page that talks about 

the agenda and citizen's interim is discussed there and 

the meeting time. 

But, again, the Board President who runs the 

meeting, who does the rule of order, based upon what has 

taken place, can afford a citizen additional time.

MR. ROBAINA: Okay. Thank you.

Read and sign? 

MS. BALCH: Yeah, we'll read and sign. 

(The deposition concluded at 10:38 a.m.)

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 23 of 25
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

Miller Certified Reporting, LLC

23

---oOo--- 

 I, the undersigned, say that I have read the 

foregoing transcript of testimony taken November 10, 2016, 

and I declare, under penalty of perjury, that the 

foregoing is a true and correct transcript of my testimony 

contained therein.

 EXECUTED this ________ day of

________________________, 2016.

 

TERESA TONEY

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 24 of 25
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

Miller Certified Reporting, LLC

24

C E R T I F I C A T E

STATE OF ARIZONA )

 ) ss.

COUNTY OF MARICOPA )

BE IT KNOWN that the foregoing proceedings were 

taken before me, Angela Furniss Miller, Certified Reporter 

No. 50127, that the witness before testifying was duly 

sworn by me to testify to the whole truth; that the 

foregoing 23 pages are a full, true, and accurate record 

of the proceedings, all done to the best of my skill and 

ability; that the proceedings were taken down by me in 

shorthand and thereafter reduced to print under my 

direction. 

[X] Review and signature was requested.

[ ] Review and signature was waived.

 [ ] Review and signature not required.

I CERTIFY that I am in no way related to any of 

the parties hereto nor am I in any way interested in the 

outcome thereof.

I FURTHER CERTIFY that I have complied with the 

requirements set forth in ACJA 7-206. Dated at LITCHFIELD 

PARK, Arizona, this 21st day of November, 2016.

__________________________________ 

Angela Furniss Miller, RPR, CR

CERTIFIED REPORTER (AZ50127) 

 * * *

I CERTIFY that Miller Certified Reporting, LLC, 

has complied with the requirements set forth in ACJA 

7-206. Dated at LITCHFIELD PARK, Arizona, this 21st day 

of November, 2016.

 __________________________________ 

 Miller Certified Reporting, LLC

 Arizona RRF No. R1058 

Case 2:15-cv-01759-NVW Document 80-3 Filed 04/17/17 Page 25 of 25