Free Statement - District Court of Arizona - Arizona

i Exhibit 6
.2
3 AFFIDAVIT OF PATRICIA ROCHE-FUKUSHIMA
4 State of California
5 County of Orange i
6 E, Patricia Roche·~Fukusliirna, first being duly sworn, upon my oath, depose and
7 state:
8 l. I have personal knowledge of the facts stated herein and am competent to
9 testify to those facts.
10 2. Since at least l998, I have been u Senior Vice President and Personnel
ll (Human Resources) Executive variously, for the Business (Small Business) Banking
12, group and the Premier Banking group, of Bank of America, NA. For the ten years
13 before that I was a Manager Commercial Banking Operations in the Commercial
14 Banking group.
15 3. Attachment A, PD00070, is a typicaijob description for a Small Business
16 Banking Client Manager. It reflects a job whose primary duty is to manage the Bank’s
I7 relationship with a portfolio of small business clients, building a financial relationship
IS of trust and confidence, the result of which is intended to be the selection of the Bank’s
19 products and services over those of its competition.
20 rl. When the Premier and Small Business Banking Client Manager Positions
2} were implemented, initial staffing predominantly was from the Personal Banker ranks
22 and recruiters focused on Personal Bankers who were excellent sellers. Training
23 focused on management.
24 5, After a few years, it became very clear that the more successful Client
25 Managers were those whose clients perceived them to be relationship focused, rather
26 than product focused. They engendered trust and confidence in their clients and as a
27 result, the clients turned to them and, therefore, to the Bank for the financial products
.28 and services they wanted or needed,
iillllt
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1 6. Therefore, our recruiters gradually evolved to looking for behaviors that
2 would lead to success as a relationship manager- An example of this evolution is the
3 Success Profile of a Client Manager which I understand another afiiant has brought to
4 the attention ofthe Court.
5 7. Similarly, our training efforts were much more successful in developing
6 relationship management skills. An example is the Client Manager University- I
7 understand a tape from the University has been brought to the Court’s attention by
S another affiant.
9 8. The primary duty of a Client Manager always has been relationship
10 management. I understand it is exempt under the wage and hour laws, even after we
ll convened Client Managers to overtime eligible.
12 9. The conversion back to exempt status in April and June, 2005, was a
13 welcome reconfirmation of the key role Client Managers play for the Bank. They are
14 the Bank for their clients.
15 Further, affiant sayeth not. A
is (,0/ fj//vt*l##;·i~·*~»r¤~;»»e...
E7 Patricia R.cche-·Fulcushima
18
19
20 Subscribed and sworn to before me this day of June, 2006.
‘“
zi ~<;?§;§§*§E;iE§?;é;; Notary Public
‘ ¤¢¤n¤¤ county —
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ATTACHMENT A
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_ Small Business Client Manager Job Description:
_ ·‘ The Small Buslness client Manager develops and maintains important revenue-generating client
• reletlonshlps, Manages a ollenl portfolio crop to 275 hlglwalue business clients to ensure sales.
revenue, and retention goals are rnet. Analyzes the ctlent's financial and operating strategies and
recommends allemellve or addttlonal flnenolal services to best meet clients immediate and longanterm
personal and business needs. Partners with Premier and Consumer Banking associates to meet the
personal banking needs of their clients Ensures clients sustain a favorable perception of Benlc of America
and creates e top of rnlnd awareness when product needs arlser The Small Business Cllent Manager ls
accountable for acnlevlng and exceeding the following stx key oblectlves: sales, relentlon, new client
devetoprnenvprospectlng, revenue growth, client sallsfactlon, and demonstrating product knowledge
expertise by exceeding sales goals- Takes a Ieedershlp role ln cornmunlly organizations and actlvltles
I
l
O l
saucers
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