Free Statement - District Court of Arizona - Arizona

EXHIBIT 5

Case 2:04-cv-00320-PGR

Document 88-6

Filed 08/05/2005

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

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BOBBIE M. GOLDEN, et al. , Plaintiffs, )
vs.
ARIZONA DEPARTMENT OF ADMINISTRATION, et al.,

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CIV 04-0320-PHX-PGR

Defendants.

DEPOSITION OF ANDREW D. STAUBITZ

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Scottsdale, Arizona June 20, 2005

1:00 p.m.

Rebecca L. Beck, #50317 Certified Court Reporter C.A. T. REPORTER & TRANSCRIPT SERVICES 1325 E. Townley Phoenix, AZ 85020

(602) 943-3035

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C.A.T.Reporter & Transcript Services (602) 943-3035

Case 2:04-cv-00320-PGR

Document 88-6

Filed 08/05/2005

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A

Yes, sir.

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Q

This Exhibit 1 had with it those other memos

that other employees had written complaining about specific conduct by Sergeant Corcoran? A Q Exactly. Was there a reason that you specifically

ordered Sergeant Corcoran not to measure female officers for a ballistic vest? A I thought they would be more comfortable with

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a female measuring. Q Was there a specific female that you had

instructed to do this?
A
No.

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Q

When did you find out that Sergeant Corcoran

had, in fact, measured female officers? A Shortly before this memorandum was written on

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September 16th. Q A How did you find out? I was advised by Jay Swart. And I should say That

I was told he measured Bobbie Golden specifically. was the o-nly one I was aware of at the time.

(Deposition Exhibit Number 2 was marked for identification by the Reporter.) Q BY MR. MARTIN: I have handed you what's been This is a memo

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marked as Exhibit 2 to your deposition.

C.A.T.Reporter & Transcript Services (602) 943-3035

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dated September 12, 2002, from Sergeant Brian Neus to yourself. Are you familiar with the content of this document? A Q I've read it before, yes. And prior to receiving this document did you

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have knowledge regarding the allegations made by Officer Golden and Hebets regarding being measured for the vest? MR. BIDDLE: MS. HERBST: MR. WALKER: THE WITNESS: Brian Neus. Q A BY MR. MARTIN: How did you get -- Object to the form. Join. Join. I never received a memo from

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I received it through the lawsuit documents. well, whenever it was, January or

I think it was -- February of -- Q

a year ago or so.

So back at the time frame September 2002 did

you have any knowledge that this memo existed?

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A

No.
MR. BIDDLE: MS. HERBST: MR. WALKER: MR. MARTIN: Object to the form. Join. Join. I asked him if he had knowledge

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that it existed.

C.A.T.Reporter & Transcript Services (602) 943-3035

Case 2:04-cv-00320-PGR

Document 88-6

Filed 08/05/2005

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MR. BIDDLE:

And he said he didn't know about

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it until he got the complaint. MR. MARTIN: know -- MR. BIDDLE:
did not say see.

He hadn't seen it.

He didn't

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You said did you receive it, you

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Q A complaint. Q

BY MR. MARTIN:

Did you know it existed?

I never knew it existed until I got it in the

So now you are familiar with the document

though; correct? A Q Very much so. So you had a conversation where Jay Swart had

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told you that Sergeant Corcoran had measured these two females; is that accurate?
A
No.

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Q A

Just the one, Bobbie Golden? He mentioned that Bobbie Golden had been

measured and that he mentioned the comments about the cups from the cafeteria. Q And it was your understanding through Captain

Swart that Bobbie Golden was complaining that Sergeant Corcoran had made those comments regarding the cup size from the cafeteria? A He really didn't say she was complaining. He

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C.A.T.Reporter & Transcript Services (602) 943-3035

Case 2:04-cv-00320-PGR

Document 88-6

Filed 08/05/2005

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Wayne. Q A Did you do anything further about it? I told her that I would still have to look

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into it and I think that's about all I said. Q Was there any type of internal investigation

A compile a -- Q A

I assigned Captain Swart that morning to to begin an investigation on Wayne Corcoran. Was that ever done? Well, basically what was done was that the

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memorandums were -- the memorandums of misconduct or misconduct on Wayne were compiled and shortly thereafter within a day or two I was brought -- to Brian Neus' office by Jay Swart. seemed very happy. I was asked to come We sat down. They

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They told me that due to the nature of

the complaint that Capitol Police would not have to do the investigation, that it should be turned over to ADOA human resources. And then they showed me some guidelines within I wasn't actually

the ADOA manual stating that very fact. aware that was the case at the time. Q Let me interrupt.

And so --

That was because the

complaints specifically made by the two female officers were for sexual harassment? A Yes. And so I said, that's fine. Give me --

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I asked them to put together what they said.

That's when

CA.T.Reporter & Transcript Services (602) 943-3035

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Document 88-6

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I created the cover memo.

I personally contacted Ron Loyd

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and myself and Ron Loyd and Jay Swart met, discussed the issue. I indicated I think for ease of investigation that

we're going to need to put Wayne on administrative leave until the -- until it's investigated. I felt just based

on the fact that he was around that it might cause problems so he was put on administrative leave with Ron Loyd present. Q And was Sergeant Corcoran told why he was put

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on the administrative leave? A No, I believe I think something to the effect

that Ron Loyd would provide notice of charges as soon as possible was what was told to Wayne. Q Do you know why Sergeant Corcoran was not

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told the reasons for the leave? A Well, it's not uncommon to put someone on

administrative leave without them knowing why they were going on administrative leave. Q My question though in this instance -- first

of all, let me back up.

Was there a specific discussion

between you and Mr. Loyd that Mr. Sergeant Corcoran should not be told the reasons? A Q I don't remember any such thing. Was there any specific decision made that he

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should not be told?

C.A.T.Reporter & Transcript Services (602) 943-3035

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Document 88-6

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Q

If, in fact, Officer Golden was asked to --

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asked if she wanted them to go to the cafeteria and get different size cups to measure her breasts do you feel that was inappropriate?

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A
Q

Yes.
Would that fall under what you would define

as sexual harassment? MR. BIDDLE: MS. HERBST: MR. WALKER: THE WITNESS: Q BY MR. MARTIN: Object to the form. Join. Join. I'm not sure. Do you know if it's illegal an employee who has

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to retaliate against someone --

complained about sexual harassment?
A
Yes.

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Q

So your first knowledge of a complaint by

either of the plaintiffs was verbally provided to you by Jay Swart and that only dealt with Officer Golden; correct?

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Q

Yes.
At some point did you become aware of the

fact that Officer Hebets had a complaint regarding Sergeant Corcoran? A Well, a memo was -- I believe I became aware I don't know that they

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through a memo that she wrote.

C.A.T.Reporter & Transcript Services (602) 943-3035

Case 2:04-cv-00320-PGR

Document 88-6

Filed 08/05/2005

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mentioned she was complaining about anything. Q You became aware of her being measured due to

a memo that she wrote? A During the time that they were compiling the

memos during that time just before it was turned over to human resources. I don't recall being verbally apprised

of that, but I do remember reading a memo, I think. Q Back in 2002 were there certain criteria that

would have indicated that DPS would investigate an internal matter as opposed to just having it done by Capitol Police? A
Q

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In 2002?
Yes.

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A Q

Could you say that again? Back in 2002 was there any specific criteria

that would determine that DPS would investigate an internal complaint of Capitol Police rather than Capitol Police doing it themselves? A Major Coleman's expectation was that DPS

would take over internal investigations and that they would be conducted there and in an attempt to show Capitol Police employees what he termed the DPS way. Q A Was that true in August of 2002? August -- I think I might be getting my dates

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messed up here.

C.A.T.Reporter & Transcript Services (602) 943-3035

Case 2:04-cv-00320-PGR

Document 88-6

Filed 08/05/2005

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Q

Let's go back to the time when Sergeant That was September 2002.

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Corcoran had retired. A Q Okay.

So just prior to that what procedure was in

place at that time? A No, it was all internal. I mean, it was all really until 2003.. I

ADOA and Capitol Police until the --

mean, the understanding was that we were still responsible for following the ADOA personnel rules but that the investigations -- I think it would probably have been January or February of '03 when.Major Coleman wanted them to start cycling through DPS and that they would be involved in, you know, making those decisions. Q Do you recall a female officer, Officer Judd,

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at Arizona Capitol Police?
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Yes.

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Q

And do you recall her making a complaint of

sexual harassment?
A
Yes.

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Q A Q

Do you recall when that was? It was December of '03, I think. So this would be like a year and a half after

Sergeant Corcoran had left, or year and three months?
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Yes.

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Q

And was that investigated?

C.A.T.Reporter & Transcript Services (602)943-3035

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Document 88-6

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Yes.

Q A Q

Do you know who investigated it? ADOA human resources. Going back to the complaint made by -- or the

complaints made against Sergeant Corcoran in September of 2002, or just prior to that, you mentioned that Ron Loyd was going to investigate those; is that correct?

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Q

Yes.
Was that ever done? MR. BIDDLE: Object to the form. Do you know if he ever

Q investigated? A

BY MR. MARTIN:

I don't believe he finished it.

I don't even

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know if he started it. Can I add to that? Q Well, I was going to ask do you know why he

did not finish it or didn't start it?
A I believe that it was because of Sergeant

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Corcoran leaving state service. Q Did you want human resources to investigate

even if Sergeant Corcoran had left? A Q A Q I didn't give my opinion one way or another. I'm asking it now. It probably would be a good idea. Did you tell -- you did not tell that to

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Case 2:04-cv-00320-PGR

CA.T.Reporter & Transcript Services (602) 943-3035

Document 88-6

Filed 08/05/2005

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