Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00973-DJS
Exhibit 1 continued

Document 33-5

Filed 06/10/2004

Page 1 of 6

36. Any documents prepared or submitted for the purpose of seeking promotion or reclassification of the following employees: a. Ken Fargnoli b. Lev Laber c. Dennis Murphy d. Alan Mancini e. Fred Chojnicki f. Robert Pettinicchi g. Jay Mather h. Ray Godcher i. Robert Scotti j. Stanley Hodyl k. Charles Roman I. Lisa Tilum

22

Case 3:03-cv-00973-DJS

Document 33-5

Filed 06/10/2004

Page 2 of 6

37. Any douments concerning promotions, reclassifications or transfers in the Bureau of Public Transportation from 1989 through the present date. RESPONSE: See response to production request no. 32. DEFENDANT STATE OF CONNECTICUT, DEPARTMENT OF TRANSPORTATION RICHARD BLUMENTHAL TIORNEY GENERAL A

Tilum\ 1srD&P.pld

23

Case 3:03-cv-00973-DJS

Document 33-5

Filed 06/10/2004

Page 3 of 6

STATE OF CONNECTICUT) COUNTY OF ) ss. )

The Undersigned, Margos. Kilbon , an authorized Affirmative Action Program Manager of the State of Connecticut Department of Transportation, being duly sworn, deposes and
says: That I have read the preceding Request for Disclosure and Production, and state that said responses are true and accurate to the best of my ability, knowledge and study. State of Connecticut Department of Transportation

';ff;f!Ao

Its Authorized Affirmative Action Program Manager

e~

;Jp

~, Subscribed and sworn to before me on this :2.j day of August, 2003.
erior Court

23

Case 3:03-cv-00973-DJS

Document 33-5

Filed 06/10/2004

Page 4 of 6

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT LISA TILUM Plaintiff v THE STATE OF CONNECTICUT DEPARTMENT OF TRANSPORTATION Defendant Civil Action No: 3:03CV973(DJS)

August 12, 2003

AFFIDAVIT OF MARGO S. KILBON

Margo S. Kilbon, having been duly sworn, dispose and says as follows: 1. I am over eighteen (18) years of age and understand the nature and

obligations of an oath. 2. I am a 120-day retiree in the job title Affirmative Action Program

Coordinator for the State of Connecticut, Department of Transportation, and have been in this position since April 1, 2003. Prior to that I was the Director of Equal Opportunity Assurance for the DOT and was in that position since June 1992.

3.

My job responsibilities include providing case management for pending

DOT discrimination lawsuits and CHRO complaints. 4. For responses to Plaintiff's First Request for Disclosure and Production

dated June 23, 2003, the following is offered:

1

Case 3:03-cv-00973-DJS

Document 33-5

Filed 06/10/2004

Page 5 of 6

a)

Interrogatory request number 1. Identify the name, gender and starting salary of every employee hired as Engineering Intern, Associate Engineer or other position in the Engineering Series by DOT from 1987-1992 is overbroad and burdensome. The DOT computerized employee history system does not go back that far. There are approximately 37 current job titles in the series and many other titles have been changed or discontinued from that time period. i.e.: Associate Engineer is not a current job title and has been changed to Transportation Supervising Engineer. The DOT has also been seriously impacted by the layoffs and Early Retirement program in the past year, losing over 600 employees out of about 3400 employees and does not have the resources to go through thousands of records by hand.

b)

Production request number 6. Documents concerning any request by DOT made to DAS to reclassify positions in the Engineering Series from 1989 through the present date is overly broad and burdensome. There are currently approximately 794 employees in the Department in the Engineering Series. There have been hundreds of employees who have been employed and left the Department during this time frame in this series who may have had requests made to reclassify their position. See also response to a.

c)

Production request number 12. Documents concerning any justifications for hiring, reclassifying or promoting people who are not goal candidates to any position from 1989 through the present is overly broad, burdensome and unavailable. Some of this information is provided in the Department's Affirmative Action Plans, which are available. Interview reports are retained per CHRO regulations and record retention for 2 years in the Affirmative Action Office. These include all transactions and would have to be reviewed individually for those dealing with goal candidates. Even for the 2 years there are over 300-400 records to review. See response to a re:staffing.

Signed under the penalties of perjury this 21st day of August, 2003

I' .(1 d, /2

'~

------------------------------------------------------------------------------------------------------- /

O

J

Margo S. Kilbon

2

Case 3:03-cv-00973-DJS

Document 33-5

Filed 06/10/2004

Page 6 of 6

State of Connecticut Department of Transportation

Commissioner of the Superior Court

Notary rublic

M\I Commission Gxoireg:

3