Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:01-cv-00799-PSF-MEH

Document 66-2

Filed 07/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-WY-799-CB RITA BASTIEN, Plaintiff,

THE OFFICE OF SENATOR BEN NIGHTHORSE CAMPBELL, Defendant.

SECOND DECLARATION OF DAVE DEVENDORF I, Dave Devendorf, have personal knowledge of the following facts. If called as a witness, I could and would testify competently thereto. 1. I was employed by the Office of Senator Ben Nighthorse Campbell ("the Campbell

Office") from 1993 until January 2,2005. From February 20,2004, until January 2,2005, I served as the Chief of Staff for the Campbell Office. My responsibilities as Chief of Staff included, among others, supervising and directing all the employees of the Campbell Office and officially closing the Campbell Office by the end of Senator Campbell's term of office, January 3,2005. 2. Closing the Campbell Office involved many steps that were completed either by me or

under my supervision on or before January 2,2005. Those steps included, but were not limited to, the following: a. giving 30 days of notice to the Senate Sergeant and Arms ("SAA") and the

Case 1:01-cv-00799-PSF-MEH

Document 66-2

Filed 07/22/2005

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Secretary of the Senate of the Senator's intent to close the Campbell Office; b. archived; c. the SAA; d. returning all telecommunications equipment and office equipment used by the inventorying and returning all computer hardware used by the Campbell Office to identifymg, boxing and inventorying all contents of the Senator's collection to be

Campbell Office to the IT Support Services department of the SAA; e. f. cancelling all telephone calling cards used by the Campbell Office; returning all unused franked envelopes and stationery of the Campbell Office to

the Printing, Graphics and Direct Mail department of the SAA for destruction; g. settling and cancelling all accounts and leases with utilities, vendors, and

commercial landlords; h.
1.

cancelling all subscriptions for magazines, newspapers and other periodicals; settling all accounts for Senate services, e.g., the Stationery Room and Senate

Restaurant;

j.
k.

returning classified documents to the Office of Senate Security; directing the Senate Disbursing Office to remove all Campbell Office staff from

the Campbell Office payroll; 1.
m.

returning Capitol office keys to the Capitol Facilities department of the SAA; and arranging with the U.S. General Services Administration for the takeover of

federal office space used by the Campbell Office in Colorado.

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3.

All office space used by the Campbell Office in Colorado and in Washington ,D.C., was

vacated by the Campbell Office on or before January 2,2005.
4.

The Campbell Office ceased to exist on January 3,2005, Senator Campbell's last official

day as U.S. Senator from the State of Colorado. 5. When a Senator's office closes, the employees of that office have no right to employment

by the office of the newly-elected Senator or any other Senate office. Rather, the employees are terminated.

FURTHERDECLARANTSAYETHNOT
I declare under penalty of pejury under the laws of the United States of America that the
foregoing is true and correct. Executed on July 1