u 2 4 Is 16 ” 18 19 20 21 2 2B 4 25 26 SUPERIOR COURT OF WASHINGTON FOR THE COUNTY OF SNOHOMISH LORI K. BATIOT, NO, 09 2 018225 Plaintiff, DECLARATION OF ELIZABETH A. v. MCINTYRE IN SUPPORT OF DEFENDANT'S MOTION FOR, CITY OF BRIER, a Washington City, SUMMARY JUDGMENT Defendant. Date: February 9, 2010 0 a.m. Place: Civil Law & Motion Pursuant to RCW 9A.72.085, Elizabeth A. McIntyre declares as follows: 1. Lamattorney of record for defendant City of Brier. I make this declaration based on my own personal knowledge and could testify competently to the facts stated herein if called upon to do so. 2. Attached hereto as Exhibit A is a true and correct copy of plaintiff's complaint for damages. 3 On April 16, 2009, I took the deposition of plaintiff Lori Batiot. Attached hereto as Exhibit B are true and correct copies of pages 38-42, 57-62, 71-73, 84-85, 88-90, 95, 97, 100-103, 111-115 120 136-141, 148, 152, 155, 157-158, 162-163, 166-170, 172-175, 190, and 195-196 of her deposition along with exhibits 6, 7, 8, 10, 11, 12, and 13 to her deposition. Lay tea pone, DECLARATION OF ELIZABETH A. MCINTYRE aaah BOC aAp iC Ps IN SUPPORT OF DEFENDANT'S MOTION FOR, gp ord SUMMARY JUDGMENT -1 ‘dt esto Pak 008 38111B “4 Is 16 " 18 19 20 21 2 2B 24 25 26 4. OnDecember 2, 2009, I attended the deposition of Patrick Murphy. Attached hereto as Exhibit C are true and correct copies of pages 10, 50-51, 74-75, 88, and 90 of the transcript of Patrick Murphy's deposition. 5. OnDecember 11, 2009, I attended the deposition of Robert Colinas. Attached hereto as Exhibit D are true and correct copies of pages 22-24, 26-27, 30, 34-35, 38-39, 47, 50-52, 65-70, 93-94, and 104-105 of the transcript of Robert Colinas. 6. OnDecember 16, 2009, I attended the deposition of Donald Lane. Attached hereto as Exhibit E are true and correct copies of pages 27-29, 42-44, 66-70, and 109-110 of the deposition of Donald Lane. 7. Attached hereto as Exhibit F are true and correct unsigned copies of plaintiff's responses to defendant's second set of interrogatories that I received from plaintiff's counsel on or about December 18, 2009. Plaintiff's counsel has not yet provided original responses or a signed copy of these responses, but she has not notified me of any changes to the unsigned responses that have been provided. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Executed this 7” day of January, 2010 in Tumwater, Washington. 2 Cn Elizabeth A. McIntyre, WSBA #25671 ‘Attorney for Defendant City of Brier Se Fueiwntor, Waving Danan pe DECLARATION OF ELIZARETH A. MCINTYRE aut SoC ANONTCH ns IN SUPPORT OF DEFENDANT'S MOTION FOR 264 ORDO RD, MANATEN A SIE SUMMARY JUDGMENT - 2 "Nak ed at aun Satte Reta 6 SHOROW. Sh 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR SNOHOMISH COUNTY LORI K, BATIOT, xo. 09 2 01822 5 10 Plaintiff, COMPLAINT FOR DAMAGES ir} ~¥s 12 || CITY OF BRIER, a Washington city, 3 Defendant. ! 14 | “15 | LORI BATIOT complains and alleges as follows against Defendant as follows: i 16 JURISDICTION AND VENUE | 7 1.1 This action arises out of an employment relationship between Plaintiff and | 18 | her former employer, City of Brier, Washington. | ‘TEL: (206) 622.2200 FAX: (206) 622-9671 19) 1.2 Defendant is 2 Washington city located in Snohomish County, Washington, | 20 1.3. This court has jurisdiction over this matter and venue is appropriate. : 21 i L4 Plaintiff has served Defendant with a Notice of Claim for. Damages i 2 Pursuant to RCW 4.96,020, and more than sixty days has passed, B 24 25 SCOTT, COMPLAINT - KINNEY & FIELSTAD 1 ‘0 UNIVERSITY. SUITE 1928 PAGE | OF3 SEATTLE, WA S61014198 | j10 11} 12 1B 4 15 16 7 18 19 20 a 22 23 24 25 ILEACTS 2.1 Plaintiff Lori K. Batiot was employed by Defendant from September 2001 through October 2007. She started working for the City of Brier as a police officer in ‘September 2001, and eventually became a police detective in approximately 2003, She remained a police detective with the City of Brier until her employment ended in October 2007. 2.2 In approximately 2005, Ms, Batiot began to experience discrimination and hostile work environment based on sex. When she complained about the discrimination and hostile work environment, she experienced retaliation. The discrimination and hostile | work environment continued through-October 2007, wher Ms; Batiot was forced To Tesign from her employment with the City of Brier as a result of the harassment and retaliation, This conduct by coworkers and supervisors was unwelcome and offensive to Ms. Batiot. 2.3. Ms. Batiot repeatedly complained to her sispervisors at the City of Brier about the discrimination, harassment and retaliation: However, the City never adequately addressed her complaints, IIL SEX DISCRIMINATION AND RETALIATION IN VIOLATION OF RCW 49.60.180, 3.1 The defendant unlawfully discriminated against plaintiff in the terms and conditions of her employment, including subjecting her to a hostile work environment and retaliating against her, based on sex, all in violation of RCW 49.60.180, ‘SCOTT, KINNEY & FIELSTAD ‘COMPLAINT (600 UNIVERSITY, SUITE 1928 PAGE 2 OF 3 SEATTLE, WA 98101-4178 ‘TEL: (206) 622-2200 AX: (206) 22-96713.2 Asa proximate result ofthe defendant's wrongful acts alleged above, the TEL: (206) 622.2200, PAX: (206) 622.9601 2 | plaintiff has suffered emotional distress and loss of wages, and is entitled to all remedies 3 | provided for in RCW 49.60.030. 4 5 i 6 IV. PRAYER FOR DAMAGES 7 Plaintiff prays that judgment be entered against Defendants and that she be awarded 8 | the following: 9 1, Damages for emotional distress; | 10 ‘ | 2. Damages for pain and suffering; - 1 2 3. Lost wages and benefits, both past and future; t 3 4, Reasonable attorney's fees and costs pursuant to RCW 49.60.030; and, | 4 5. Such other relief as may be appropriate | 1S sth DATED this (oY day of January, 2009, | 16 | SCOTT, KINNEY & FIELSTAD i 17 1 i 18 | | 19 By: Donna L. Mack, WSBA #30875 | 20 Attomeys for Plaintiff | 21 | 22 B | 4 25 ‘SCOTT, KINNEY & FELSTAD COMPLAINT ‘600 UNIVERSITY. SUITE 1928 PAGE 3 OF3 SEATTLE, WA 98101-4178 iBatiot v. City of Brier Deposition of Lori K. Batiot IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SNOHOMISH LORI K. BATIOT, Plaintiff, vs. NO. 09-2-01822-5 CITY OF BRIER, a Washington city, Defendant . DEPOSITION OF LORI K. BATIOT April 16, 2009 Seattle, Washington Taken Before: Mary Jo Fratella, RPR, CCR #2083 of CAPITOL PACIFIC REPORTING, INC. 901 South "I" Street, Suite 201, Tacoma, WA 98405 Tel (253) 564-8494 Fax (253) 564-8483 Olympia, WA Seattle, WA Aberdeen, WA (360) 352-2054 (206) 622-9919 (360) 532-7445 Chehalis, WA Bremerton, WA (360) 330-0262 (360) 373-9032 www. capitolpacificreporting.com admin@capitolpacificreporting.com CAPITOL PACIFIC REPORTING, INC. (800) 407-0148 April 16, 2009 B Capitol Pacific Reporting, Inc. (800) 407-0148 EXHIBIT,Batiot v. City of Brier Deposition of Lori K. Batiot Page 38 Page 40 | 1A Tdon't recall what his answer was. 1 _master and I ended up disclosing to him that Iwas 2 Q Okay. So, lt could have been consistent wth Murphy | 2 pregnant that day. So, t would have been shortly 3 orit could have been inconsistent and you just don't | 3 after Mother's Day of 05. 4 know one way or another? 4 Q Okay, like within weeks or so? 5 A. Idontt recall. IFT had a chance to look back at 5 A. Ubshum, and that's definitely when it went downhill. 6 his old investigative - his pre-hire investigation & Q_ How did he respond to you telling him you were | 7 file, I would likely have more recollection than Ido | 7 pregnant? | 8 today. 8 A Do you mean his response that day? |, 9 Q Okay. Tcould have brought it. Ijust didn't think | 9 Q_ Yeah. } 10 it was terribly that important, but iet me move on. |10 A Thad Well, he had guessed it. Thad expressed — {1 So, Patrick Murphy was hired in the summer, ether 11 concern about shooting firearms because of the lead 12 summer or maybe 2003, you thought? 12 exposure, and he said, "What, are you pregnant?" And! 13 A Maybe. 13. Thad wanted to keep it to myself for awhile, and | 14 Q. Howdid you and he get along when he was hired? 14 became tearful, and I don't recall him having any 15. A. When we When he was hired, we got along fine. 15 other reaction except that I didn’t need to shoot 16 Q Was he married? 16 anymore that day or something. / 17 A No. You mean ever? 17 Q Okay. 18 Q_ Was he married when he was hired? 18 A And asked him specifically not to tell anybody. 19 A No. 19. Q_ Okay. So, if 'm understanding correctly, you were | 20 Q. You were married, correct, or when did you get 20 out at the firing range with Murphy and you expressed | 21 married? 21 torhim concerns about using a firearm because of the} 22 A Was married in October of 2004, 22 lead? | 23 Q_ Did you ever socialize with Patrick Murphy? 23. A Un-hum, ! 24 A Not outside of work. 24 Q Asa police officer obviously you may haveto use | 25 Q Never? 25 gunat any time, right? | Pave 39 rove 4s | 1A. Tdon't recall ever doing anything outside of work, 1A It’sefferent than using a gun on a range. ! 2 other than maybe meetings or talking before the end | 2 Q Right, right. 3 of shiftor after the end of shift. We never went 3. A When you're ina range, you're in an enclosed 4 anywhere or did anything together socially. 4 environment and you're breathing in a lot of lead 5 Q_ Okay. But you got along with him okay when he was | 5 dust, yeah. 6 fist hired? & Q_ Right, and I understand that, but what 'm getting at |, 7 & Sure, yeah 7 Is you hadn't previously expressed concems about 8 Q Allright. 8 lead to Murphy or anybody else prior to this range 9 A. He Would go and have ~ like all the officers would 9 date? ) 10 get together and have - you know, we called it 10 A. Nomore then you normally would as far as making sue | 11 Starbucks at our precinct, so, yeah, everybody had 41 you wash your hands after you've been shooting ! 12 coffee together and lunches together frequently 12 because lead is not really good for any living ! 13 during the hours of work. 13 things, but especially obviously not when you're | 14 Q_ Atsome point I take it that you began not getting 14 pregnant. | 15 along well with him, correct? 15. Q Okay, And so this was the frst time you ever ! 16 A. That'strue. 16 expressed to Patrick Murphy that you had had some J 17 Q_ When did that occur? 17 concerns about the lead exposure at the range, | 18 A That happened when 1 became pregnant. 18 correct? 49. Andso can you narrow itdown to, say, a month that |19 A think so. Like T said, you would always have some} 20 things started to change? 20 concer about making sure youve washed after youve | 21 A- Tlearned that I was pregnant Mother's Day of 2005. |21_been shooting, but, you know. 22 Shortly after that, and I always forget what month 22 Q_ So, when you expressed your concern about the lead, 23 Mother's Day isin, just recall it was Mother's 23 he guessed that you might be pregnant? 24 Day, shorty after that there was a time when the 24 A That I was pregnant. 25 department had a range date and Murphy was our range |25 Q_ And you became tearful? f 11 (Pages 38 to 41) April 16, 2009 : Capitol Pacific Reporting, Inc. (800) 407-0148Batiot v. City of Brier Deposition of Lori K. Batiot ml Page 42 age 4 | 1 A Yes. 1 of your response to Interrogatory No, 11, and I know || 2 Q__ But did you also say, "Yes, Iam"? 2 your response goes on for several pages, but it ! 3A Yes,Idid. 3 states that, "Plaintiff suffered ongoing and repeated | 4 Q_ Okay. And asked him not to tell anybody, correct? | 4 harassment during the last several years of her ! 5 A. Right. 5 employment with the cty of Brier. Tks not ) & Q And then he said, "You don't have to shoot anymore | § possible to recall every single incident that } 7 ~ today’, is that right? 7 occurred during this time frame. The following is. | & A think it was something like that. 8 plaintiff's best attempt to recall some ofthe | 9 Q. Okay. Do you remember anything else about that | 9 events. She will supplement this answer as | 10 particular interaction? 10 necessary." Did I read that correctly? | AL A Tdontt 11 A Yes. 2 MS, MCINTYRE: Allright. I'm going to ask 12 Q_ Allright. And, then, in the following pages there's 13 you~ I'm going to mark this a5 Exhibit 2 and have |13 a description of a number of events that occurred. 14 you take a look at this after she marks ft. 14 Was this description that is provided in this writen 15 (Deposition Exhibit No. 2 15 discovery response your best recollection ofthe acts 16 marked for identification.) 16 of discrimination that occurred wiile you were with 17 Q Tiigive youa minute to thumb through that. All [17 Brier? 18 right, have you had a chance to look at Exhibit 2? 18 A Yes. Well, like it says, though, there were so many | 19 A Yes. 9 and it went on for so long, but this is my best. | 20 Q Allright. And am T correct that this Is your 20 Q_ Thisis your best recollection as of February 9, } 21 wiritten response to our discovery request, minus the |21 2008, correct? 22 documents that were attached? 2A Yes. | 23 A Yes. 23 Q_ Have you since February ~- I'm sorry, February 11, | 24 Q. Okay. And is that your signature on the last page of |24 2009. Since February 11, 2008, have you recalled any | 25 this exhibit? 25 other acts of discrimination that occurred to you | poe 43 age 45 | 1 A Its 1 while you were employed with the city of Brier, other | 2. Q Anddid you sign this on February 11th of 2009? 2 than a general description of events set forth in | 3 A Idid. 3 your discovery response? } 4 Q_ Okay, Before signing this did you review these 4A. There are more details than this. Te’ pretty ) 5 discovery responses? 5 general ! 6 A Yes. 6 Q Sure. And understand that this is genera, but Tm | 7 Q Okay, And you belioved then that they were true, and] 7 wondering if there are specific things that happened | 8 complete, and accurate? 8 that you can recall beyond these events that are set | 9A Yes. 9 forth here? 10 Q Do you continue to believe that? 10 A I don't recall anymore right now. | 41 A Yes. 41. Q_ Okay. Well, during the course of your deposition if | 12 Q Okay. Interrogatory No. 10 asked you to identify |12 something might trigger your memory just let me know 13. persons whom you believe have knowledge of the facts| 13 because this is really my one and only opportunity to 14 supporting your contention that the city 44 find out what is going on. Did you use anything 15 discriminated against you on the basis of your sex, |15 other than your own memory in coming up with this} 16 and you listed a number of people, correct? 16 description of events while you were with Brier? | 17 A Yes. 17 Yes. ! 18 Q Allright. And then Interrogatory No. 11 asked you [18 Q_ What did you use? 19 to set forth in detal the facts that you contend the 19 AT reviewed letters of complaint that I had made to 20 persons identified in response to Interrogatory No. |20 the chief. Ihave reviewed ~- I reviewed a journal 21 10 know or might know that support your contention 21 that I had put together kind of after-the-fact once I 32 that the city discriminated against you on the basis |22 decided to start journaling it I reviewed some 23 of gender, do you see that? It’s on page 6 of 19. |23_e-mall from between myself and Murphy regarding 24 A Thankyou. Okay. 24 assodation activities. That's all can think of 25 Q Allright. So, your response ~ the first paragraph [25 right now. ! 12 (Pages 42 to 45) April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148Batiotv. Cy of Brier Deposition of Lori K. Batiot Page 54 Page 55 1 this notation in here because I was aware that male | 1 A I dont recal | 2 officers who had been hired since me when they were | 2. Q Okay. Was it within a couple months? | 3° laterals didn't stat atthe rock bottom of the pay 3A. Idont recall ata | 4 scale, 4 Q_ Ttcould have been within @ couple months, you just | 5 Q_ Were there any other officers hired atthe sometime | 5 dont recall? | 6 asyou? & A Ton think it was. I dont think it was that 7A Notat the same time, 7 soon, but Ijust-~ dont remember. Itsbeen too |, 8 Q_ Okay. When you applied for the job with Brier wasit | 8 long. } 9 a job opening for an entry level or a lateral evel? 9 Q Okay, Did you complain to anybody about your rate of |, 10. A Wel, would have had to have been open to entry |10. pay when you were hired with Brier? | i level for them to take me. I don't recall 11 A No. ! 12 Q Well, you were a lateral because you had experience. |12 Q Okay. Did you ever complain ~~ l 13 A_ Iwasa lateral and they hired me, 50 ~ 43. A. Atthe time that the mayor informed me what I would |, 14 Q. What Im asking is that when you~ when Brier, you [14 be making I seem to recall saying ~ you know, I 15 know, posted its ob opening, do you remember whether |15 pointing out that I was a lateral oficer with | 16 the Job opening was an entry level job opening ora |16 experience, and hs response was, "Well, you'e not 17 _Iateral job opening? 47 going to be here longer than a year.” I 18 A Tdont recall what the posting in 2001 read exact. |18 Q The mayor told you that or the chef? I 19 Q_ Timnot asking you if you remember reading words or |19 A The mayor. 20.” what they said, but do you have a general 20 Q Okay. And that's something the mayor told you or the 21 recollection of whether the position that you applied 2 ‘chief told you that the mayor had said to him? |) 22 for was for an entry level position or a lateral 22 A. No, the mayor told me. | 23. position, what they had available to them? 23. Q_ Okay. Directly that he didnt think you'd be there | 24 A. Tdon't quite understand the question. If they were [24 longer than a year? 25 nothing laterals, I wouldn't have applied fort 25 A Yes. ! Page 55 Page 57 | 1 9 1 Q Did he say why he thought that? | 2 Q Well, I guess but my question is maybe, and I don't 2 A No. 3° know this, but I'm asking if you might know ifthe 3° Q_ How did you respond? 4 city had only budgeted a sot for an entry level 4 A. Tdont think Tdi | 5 officer for purposes of what it ws able and wiling 5 Q_ Doyou believe that you received a pay increase i 6 toafford at that time, do you have ~ & within your fst year of employment? } 7 A_Tdon’ know how their budgeting worked. 7 A Tdontt remember. ) 8 Q_ Okay. And so when you were hired wit Brier ist 8 Q_ Allright. Going on inthis frst page, there's @ ! 9 your understanding that you were paid the rock bottom | 9 reference to Starks considering ring you for being | 10 ofthe pay scale, I think you said? 10 pregnant. What do you recall ofthat? ! 11 A Yes. 11 A Twas already concemed when I frst had a } 12 Q Oy. And youre sue ofthat? 12 conversion withthe ce about my beng pregnant | 13. A. Timreasonably sure given that fs been about 10 13 and because Starks was, to say the least, erratic, ! 14 years. Tmas sure as T can be. 14 and didatt know how he was going to respond. And | 15 Q Okay. And do they use a step and grade system to pay |15 when my pregnancy was far enough along thatthe chet 18 there? 16 _felt-- This is what he told me: When the pregnancy 17-8 Yes. 17 was far enough long that he finally decided it was 18 __Doyou remember what the step and grade was when you] 18 time to have a conversation with Starks and lt him 19 were hired? 19 know that Iwas pregnant he came back from that 20 A No. 20 meeting and told me that he wanted togiveme a 21 Q Okay. At some point obviously your salary went up 21 ‘heads-up that Starks was considering firing me ) 22” while you were with Brier, correct? 22 because I was pregnant. 23 A Yes. 23. Q_ And Sparks never di fire you, corect? 24 Q_ How fong after you had begun work there did you 24 A No, he dé not. 25. receive your fst pay increase? 25 Q_ Did anything futher come ofthat beyond that one 15 (Pages 54 to 57) April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148Batiot v. City of Brier Deposition of Lori K. Batiot >o> Page 58 ‘conversation with the chief? Yeah, it id. What else happened? ‘The chief told me that he was going to ~ I think he vas going to check with AWC, the Association of Washington Cities, to see what their standing on pregnant police officers was and what the laws were, ‘and that I might check into what the law was for me, ‘and I went - I think I wrote in here T recall sitting In Mickey Halverson's office and told her ‘what I had been told about being pregnant. 1 remember being very tearful and telling her that T had to have this job because I needed the health benefits. And, then, later the chief had another conversation with me where he told me that he had met with Starks and that Starks had told him that as long as ~ that Starks said that he knew what a police officer did and that ifT wasnt fulfiling my job description that the city would have grounds to fire ‘me and that Starks’ perception of my job description ‘meant that I should be in uniform, and driving a patrol car, and responding to all calls, and that if got to a point where I could no longer do that that he had grounds to terminate me. And then there was discussion about what my job description was, and the por age 60 | with Murphy? No. Were there any witnesses to it? don't recall who may have been present. It was in the report running room. I think there was somebody }, clse present, but I can't remember who it was. ‘And when you sald it was after the conversation with the chief, do you mean after the conversation where he told you that Starks said that as long as you ‘couldn't fulfil your job duties he thought they'd have grounds to fire you? it was after that conversation, ‘Okay, And, then, ultimately what happened with this situation about Starks teling you that he thought there would be grounds to fire you? ‘Well, there was discussion ~ I had discussions with Mickey Halverson about like ~ I think something like temporary disability or ight duty, and she had brought up to me that there had been an officer in that department in the past who had been injured in a skiing accident, obviously not related to work in any way, and that they had had him on light duty for, you know, number of months, like something in excess of| six months, and she sald she didn't see why that would be any different than my situation, and I went >o >o> Page 59 chief asked me to put together a job description for ‘myself of what I did and what my duties entailed so that he could bring that to Starks and talk with him about it. Okay. And did you do that? I don't recall specifically what I came up with, but I= yeah, I don't recall for sure. I think I put together 2 job description, but I don't have a lear recollection of it ‘Okay. Ultimately it looks lke if you go on in this journal that you were allowed to wear plain clothes for the remainder of your pregnancy and were primarily in the office on law enforcement investigatory work; is that correct? Well, yeah. ‘There was more, though. Okay. After the conversation with the chief that I had, 1 contacted Patrick Murphy and told him what the chief had relayed to me and asked him if our association ~~ I don't recall if we were an association or a guild at that point, but if they were going to protect me, ‘and he told me no, immediately told me that I should just get my own attorney because it wasn't a guild or association issue, Do you have any documentation of that conversation Page 61 back to Patrick Murphy and discussed that conversation, the conversation I'd had with Mickey Halverson regarding the skier, the skiing officer, and said, "Well, its been done before for somebody, so, you know, why wouldn't Ibe able to do that, too?" And he said that being pregnant was a lifestyle choice as opposed to something that happens ‘accidentally and that my hope to be on light duty during the last months of pregnancy that that was ~ he asked ~ I think he asked how long I was hoping to do that, and I said something like, "Well, four or five months." And he said, "That's an awful long time to sit around doing nothing." And then I was offended and said, "Well, I wouldn't be just sitting around doing nothing. 1 would have a lot to do; it Just wouldn't be out on the street." And I don't recall how the conversation ended. It was a very negative conversation. And, then, ultimately, though, then Mayor Starks had some conversation with ‘an attorney who apparently told him I couldn't be treated differently than any other employee that had ‘a temporary disablement, and I stayed in clothes Unt I was well pregnant to avoid getting terminated because it took some time before Starks finally came ‘around and decided that I wasn’t going to be fired if April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148 16 (Pages 58 to 61)Batiot v. City of Brier Deposition of Lori K. Batiot Page 62 age 64 | 1 went out of uniform. So, sometime around my fifth | 1 Q Allright, You've heard of the FMLA, correct? 2 or sith month of pregnancy I was finally alowed to | 2 A Yes, Ihave. } 3 goto plain clothes because I physically was not able | 3 Q_ Allright, Atthe time you became pregnant in Brier 4 tofit into!a uniform, 4 had you ever taken a look at the city's policies to 5 Q Okay. 5 see what their FMLA polcy was, If any? ! 6 A. However, it wasn't what's typically considered light | 6 A You mean prior to getting pregnant? | 7 duty. Twas stil doing things like serving search 7 Q Yeah, prior to getting pregnant? | 8 warrants, getting called out in the middle of the BA No. ! 9 night to do investigative activity, interviewing 9 Q. Olay. After getting pregnant, did you then do some | 10 felony suspects. So, it was more than what would |10 research to find out ~ | 11 normally be considered light duty, but I was no 1 A Yes. ! 12 longer in a patrol car. 12 Q_ ~what the city's polices were on family leave? 43. Q__ Did you actually have a doctor, your doctor, write up }13. A Yes. | 14” any kind of physical restrictions for your job for 14 Q_ Okay. And am I correct that you just don't remember |) 15 you? 15 now as you sit here what they were? 46 A Yes,Idid 16 A Idontt remember what they were. Ido remember 47 Q_ Okay. During your pregnancy? 17 reading in the FMLA and meeting wit the chief after 18 A Yes. 18 held met withthe mayor that somehow Brier was exempt | 39 Q_ Do you remember what those restrictions were? |19_because of the sizeof the city 20 A Idont. 20. Q Allright. And did you - What was your 21 Q Okay. Allright. So, in about ive to six months of |21 understanding of what that meant in terms of being 22. ~ your pregnancy you switched from being a uniformed |22 exempt? 23 officer toa plain dothes, correct? 23 A. Well, remember thinking that ust simply needed | 24 A. Correct. 24 to save up as much sick and vacation and comp time as_| 25 Q_ Allright. And just to be dear that you never were |25 possible so that when I had my daughter Id beable | Page 63 age 65 | 1 fired because of your pregnancy, correct? 1 tostay home and care for her. | 2 A Comect. 2 Q And so that you would then use your accrued leave? 3 You werent given a pay cut because of your 3A Correct. 4” pregnancy, were you? 4 Q_ As opposed to taking a leave without pay? | 5 A No. 5A Right. | 6 Q Youweren't demoted because of your pregnancy, | 6 MS. MCINTYRE: Okay. Welve been going for 7” connect? 7 some time, so why don't we take a five minute break | 8 A Not No, not for the pregnancy. 8 justin case you need to use the restroom, | 9 Q. Okay. And were you transferred to an undesirable | 9 (Arecess was taken.) I 10 position in the city because of your pregnancy? 10 Q (ByMs. McIntyre) Before I99 on, other than this | 11 A. Not while T actually had my daughter in my stomach |11 written journal, do you have any other journals or 12 did these things happen. 42 aries or notes, including in an electronic format 13 Q Okay. So, we'll get nto that after. 1'm trying to. 13 that document acts of harassment or discrimination or | 44 move chronologically through this because that's the | 14 hostile work environment, other than these pages? 15 way my brain works best and it may not be the most |15 A Yeah. There's a ~ it's basically a journal, but 16 logical always. Okay, and you worked right up until | 16 typed, maybe with a few adeitional detalls added as 1 17 youhad your baby, correct, on January 3rd? 47 typeditthat I remembered. That's it. } 18 A Correct. 18 MS. MACK: And that she prepared in | 19 Q Allright. Do you remember what policy, if any, the |19 anticipation of meeting with me the intial time. t 20” city of Brier had for family leave for employees that _|20 So, of course, that’s work product, and the | 21 have babies or adopt babies when they're employed? |21 _attorney/client privilege with regard tothe written | 22 A Idontt recall the policy right now. 22 othe typewritten, 23 Q_ Did you know It in 2005 when you were pregnant? |23 A (Continuing) And my attorney just reminded me of 24 A msure I would have. Given the circumstances, I'm 24 something that I had thought of since this. Back 25 sure T would have reviewed it at that time. 25 when Murphy had — I don't know if twas when he 17 (Pages 62 to 65) April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148Batiot v. City of Brier Deposition of Lori K. Batiot Page 72 age 70 1 supportive. He advises that will allow me to use 1 Q_ Okay. So, it sounds ike, and correct me if I'm | 2 vacation/holiday, ec., to work a reduced schedule if /| 2 wrong, Lane didn't do anything wrong with respect to 3 Iwant to come back early, I agree." Did I read 3 his communications with you about your return from 4 that correctly? 4 matemity leave, correct? ! 5 A Yes. 5A. Tdon't know. I'm mean I'm not the judge of that. | & Q Do you have any objection about how Lane handled | 6 Q Well, are you complaining about it? | 7 — this? 7 A. No, Imean I believe that the flexbilty that he | 8 A Yes. 8 was offering and his willingness to work with me to 9 Q_ And what is your objection? 9 make it work for both the cty and me was very | 40 A When you say this, do you mean this specfic~ 10 appropriate. | 41 Q About him contacting you and saying that you can use |11/ Q Okay. The next page mentions that Officer Kilpatrick |) 42. vacation and holidays to work a reduced schedule if |12 told you that when he was hired he was approached by) 33 you want to come back early, and then it says you [13 Murphy and Murphy told him of a negative past event. |) 14 agree. 14 A Yes. 15. A No, no. If that’s your ~ Ift's that specific, 15 Q_ Okay. And you said you felt upset and concerned that | 16 then, no, I dont. I think what he was ~ My 16 Murphy tells all new employees, and then it oes on | 17 perception of what he was doing was that he was 17 to the next page, and you also checked with Javorsky 18 tying to give me options and let me know that he |18 and learned that Murphy had also approached him with 19 wanted me back and that he was wing to be flexible |19 this information within his first days of employment; | 20 with how I burned through my hours in order to make |20 is that correct? 21 __ it beneficial for both my family and the city 21 A. That's correct. I 22 Q Okay. And so you agreed to do that, to come back on 22. Q_ And. That was an old D.U.? | 23 a reduced schedule? 2B A Yes. 34 A. He told me that — No, I didnt agree to come back 24 Q_ How did Murphy know about that, f you know? 25 then ata reduced schedule. He said that in the 25 A Thad told ~-I think told Murphy at some point. I Page 74 Page 73 | 1 future after I'd had some time home and Iwas ready | 1 Q Okay. Other than Javorsky and Kilpatrick, are you | | 2 to come back to a reduced schedule that I could do | 2 aware of any other person that Patrick Murphy might 3 that, and I agreed that that would be good in the 3 have disclosed that to? 4 future, T didn't agree at that time to come back at | 4A Tm sorry, going back to your prior question, Murphy 5 areduced schedule. 5 had I believe Murphy had approached me and told me | & Q Allright. And he wasn't talling you you had to come | 6 that he had that information from somebody else, and |) 7 back then at @ reduced schedule, right? 7 then I told him what had happened, so ~ But, anyway, | & A No. But that's what the distinction I want to make | 8 let me think through the past employees. Javorsky, || 9 is that he wasn't saying, "Can you come back now ata | 9 well, Kilpatrick, Eddie Thomas. I 10 reduced schedule.” 10 Q_ Eddie Thomas? } 11 Q Right. 11 A. Yeah, I'm tying to think of officers who have } 42 A Ttwas that, you know, when you're ready to come |12 mentioned it to me. Brian Osbome. That'sall Tcan || 13 back, if you want to come back and do half days and 13 think of right now. ! 14 that way you can kind of gradually come back and you |14 Q_ Allright, How do you know that Patrick Murphy told | 45 won't be away from home as much, and that way our |15 Eddie Thomas about your D.U.L.? | 46 caseloads arent falling through the cracks, that 46 A He brought it up one day in a conversation a lunch. 17 would be great. And he indicated that some things 17 Q__By he, do you mean Eddie Thomas brought it up? 48 that were on my desk, reports that needed 18 A Yes, | 19 investigation, were just sitting there, that other 19° Q_ Okay. Did he tell you that Patrick Murphy had sald 20 officers weren't taking them, and he expressed my [20 that? 21 value tothe city and that he missed having me there [21 A. Yes. ! 22 todo my work, and I agreed that at some point 122. Q_And how do you know that Patrick Murphy told Brian 23 would lke to come back and start doing half days and |23 Osborne about your D.U.L.? 24 that would be great because then I wouldn't have to |24 A Osborne had mentioned D.U.L. Tcantt remember when} 25 burn through that bank of time as quickly. 25 twas. Something he'd said atthe time, Iremember 19 (Pages 70 to 73) April 16, 2008 Capitol Pacific Reporting, Inc. (800) 407-0148Batiot v. City of Brier Deposition of Lori K. Batiot Page 82 age 84 1 come back, correct? 1 refresh my memory fT could maybe look a actual 2A. wasnt ordered to. 2 payroll or some other record that would show that 3 Olay, Were you Breatened with an adverse job action | 3. Q Okay. T actualy do think Thave those, but letme | 4 ifyou dd not come back eater than you wanted to? | 4 ask your ‘Do you remember how much diferent wes 5 A. Not special 5 between when you had been hoping to return and when & Q Were you imply threatened with an adverse job | 6 you actually did return? 7” action ityou did not come back from maternity eave | 7 A Tdonitrecal, no. | 8 earlier than you wanted to? 3 Q Olay, Could ithave been one week eater, two | 9 A. Notatthat time, butt dd happen. 9 weeks earlier? Did you have any idea? | 10 Q Olay. Tm just taking about the tings that were [10 A Tdon' recall. 11 going through your head and happening that caused you |11 Q_ Going on on page eght onthe et hand side, andit | 2 to make the decision to come back when you did? 2 actually follows the sentence that begins on page 13 A When- No. Idecded to simply quash the rumors and |13 seven It says that, "Lane advises that] wil be | 14 come back 14 assigned offcaly to work as detective and that) 15 Q Okay. Did you ever consider quashing the rumors by 15 will have an actual office. Lane continues to be | 16 {just calling the six or seven officers and saying, 16 very supportive"; is that correct? } 17 “Hey, whatever Patrick Murphy's teling you isnot «7A. Yes. | 18 tue? 18 Q_ Okay. And, s0, when you dé return from your 19. A_ It wouldn't have just been those six or seven 19. maternity leave intially ona reduced schedule, you | 20 officers. Tt would have been probably allover Mt. 20 were assigned to work asa detective and you were 21 Lake Terrace, aswell, and no. 21 given an office, correct? } 22 Q Okay. But it. Lake Terrace doesn't have any affect [22 A Yes. 23 on your promational or traning opportunities in 23. Q_ And, again, Chief Lane continued tobe supportive, | 24 Brier, do they? 24 correct? So, you dont have any objection about ow 25 A They had a direct impact on my working environment [25 that was handled, corect? Pope 83 Poe 85 1 because we worked closely with Mt. Lake Terrace. If 1 A No. 2 Twas discredited with Mt. Lake Terrace, could and | 2 Q__ Okay. You worked in pain othes orginally? 3 did eventually affect me. 3° A Originally when I came back from maternity leave, ) 4 Q Okay. Just to be clear, Mt. Lake Terrace officers 4 yes, I did. 5 ddn'thave any authoty to 5 Q Okay. What would be an example of plain clothes 6 A No. 6 attire when you returned from leave? JQ ~sffect your taining or promational opportunites, | 7 A_Professional dress, I mean what I'm weering now, oF, 8 comet? 8 yeah, something professional looking. ! 9 A No, 9 Q Did you carry firearm? ) 10 Q_ Thatscorec, right? 10 & No. } 11 A. Sorry. No, they dont. Yes, that's corec. 11 Q_ Andyou didnt wear a vest? } 12. Q_ Itsy faut asking a negative question; Itknd of 12 A No. } 13. makes. vague record. When were you hoping to return |13 Q_ Okay. What f you had to go out and do patce work, | 14 towork ona reduced schedule? And just tobe clear, |14 how would you handle that? At work were you | 15 that was your plan right, to come back to work ona [15 normaly required to wear like a holster and cus 16 reduced schedule? 16 and that sort of thing? } 17 A Yes 17 A Tdid have a holster that I could wear if [needed to | 18 Q_ Okay. When were you hoping to come back on a reduced 18 carry a firearm, | 19 schedule? 19° Q Did your job when you retuned from maternity leave | 20 A Ton recall specially when 1 had hoped thet 20 wasit such that you didn’t have to engage inthe 21 that would happen. 21 actives that would require the use ofthe things 22 Alinight. Doyou recall when you actually did come «(22 that a police officer would normally cary on 2 belt 23. back ona reduced schedule? 23. suchas a gun, and cuffs, and maybe a taser or baton? 24 A. Tonk, actualy. think twas about maybe four 24 Did you just not engage in that kind of police work 25 tok weeks after my daughter was born, but twould —|25 anymore? 22 (Pages 82 to 85) April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148Batiot v. City of Brier Deposition of Lori K. Batiot Page 86 rage 68 | 1A. Noy if I aid engage init, for example I served 2 1 was the only officer on, Idont think that would =f 2” warrant, an arrest warrant shorty after Lcame back, | 2 have been likely. | 3. _I-simply went with other uniformed officers. 3 Q Okay. Were any male officers that youre aware of | 4 Q Ok. 4 permitted to wear plain clothes? I 5 A. So, you know, there were adequate handcuffs and that} 5 A Not during regular patrol, no. | 6 __sortof thing available. 6 Q_ Were any other male oficers assigned to work as 7 Q Okay. And would you be able to wear ke a bullet- | 7 detective during your employment with Brier? 8 proof vest or did you just stay strity in pain 8 A No. } 9 dothes? 9 Q Were any male officers given an office, other than | 10 A_ Twas strictly plain clothes. 10 Chief Lane, while you were employed with Brier? 11 Q_ How long did you stay in plain dothes? 11 A. They all had assigned cubicals. | 12 A. Tan try to refer to this and see when 1 32 Q Okay, But when you were made detective, you were 13 specifically went back in, Idon'tknow ifithasa 33. given an actual office? | 14 date, Yeah, Idontt know what that date was. 44 A. Ttactually had a door. Nobody else had a door, | 15 Q Okay. Itlooks lke if we're looking at page nine on 15 yeah. | 16 the left hand page, it says later in month Murphy {16 Q__Okay. Going on to page 40, on the let side It says | 17 complains to the mayor that youve allowed to wear |17 that you belleve you were being subjected to scrutiny 18 plain dothes, and then it goes on to soy that the -|18 that the other officers, all male, were not being | 19 chief offers to purchase a larger uniform to 19 exposed to. 20 accommodate your post baby sie. Does the “later in ]20 A Yeah. 21 month’ reference there refresh your recollection as |21 Q_ What scrutiny were you getting that the male officers 22 teroughly when it was? 22” were not geting? } 33 A. See, I dont know because this says ApriMay. 1 |23 A The chief had begun to pass on complaints that the 24 don't know which month that's referring to. 24 mayor had apparently received from Murphy, and I™m_] 35 Okay. But within a few months of you returning from ]25 referring to my journal type thing here, but fist he rae 67 | 1 your leave, the chet, did he, infact, get larger 1 passed on the comment that Murphy was angry that I 2 Tegular police uniferms for you to wear, or were you | 2-—_was geting to wear plain clothes and that we had the 3 alowed to remain in plain clothes? 3 discussion about kind of reiterating why T was | 4 A_Atsome point I went back into, obviousy, uniform. | 4 wearing plain clothes. And when the chief had 5 Tdont recall what that — when that date was, andT | 5__offered to purchase larger uniforms, it had been & dont remember if the chief ended up buying bigger | 6 not ~ it dd not seem like it was something that he 7 uniforms or not 7 had come up with for his own reasons. Ttwes to} 8 Q You just don't remember? 3 soothe Murphy and the mayor. And, then, lice I noted SA Yeah Tinow atsome pont Thad gone onthscrsh | 9 here, the chief began to tell me, and Conas also 10 let trying to fit into the uniforms. Yeah, I don't 10 told me repeatedly, that Murphy was angry that he had] 11 remember. 11 not been assigned that office, and I also do remember 12 @ “Ghav Aad at some pint ring your employment with |12 porto my being assigned that office wen Murphy | 13. Brier you did go back to becoming a unformed 13 would point to the door of the ofice that 1 | 14 officer? 14 eventually got, he used to refer to tas the future | 15 A Yes,1did. 15 sergeant's office, and the - it was at that time 16 Q And you stayed in uniform up until the time of your | 16 that was starting to be told by both the chief and |) 17 resignation? 17 the mayor that I needed to watch my back. And, then, 18 A Yes. 18 Colinas came to me, I don't know the exact date, but 49 Q_ Okay. When you were pain clothes were there times 19 he came to me and told me that I needed to start 20 when you worked alone or was there alays ancther 120 being very specific about documenting everything that 21 Brier police officer working at the same time as you? [21 did and asking permission for everthing. 1 don't 2A Tdon't remember if that ever happened. 22 know what date it was, but I recall it was inside my 33 Q Youdont remember Ifyou were alone or you don't [23 office when he came in and told me that and said tJ 24” remember if there was ever another 24 needed to be very careful about giving ammunition. | 25 A ‘No, Tdontt remember if there was ever atime that |25 And, then, as I apparently wrote here, there were at 23 (Pages 86 to 89) April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148Batiot v. City of Brier Deposition of Lori K. Batiot >o Page 90 Teast two times when I told ~ I told both the chief ‘and the mayor that I fet I was being subjected to scrutiny that the male officers weren't getting because I never heard of the male officers, any of them, being told that they specifically had to document everything they did and watch their back and rot to anger Murphy. I was the only one that was ‘ever happening to. ‘Allright. But let me see if! understand. The scrutiny was from Murphy? Murphy was glving you more scrutiny than other male officers? Murphy was complaining because apparently he was ‘unhappy with my getting an office or getting to be in plain clothes or being able to work 2 reduced schedule, and then he would complain to the mayor who ‘would, in turn, go to the chief, who would then come to me, and then the mayor started even bypassing the chief and coming to me directly. Okay. ‘There were also complaints about my schedule and I ‘was repeatedly forced to justify things that had already been discussed, things that had already been - in terms of my conditions of my employment, of my work environment that had already been worked cout, I would then have to restart the discussion and was not. Well, did he ever, like, do your yearly performance reviews on you? He did not do yearly performance reviews; however, he did do things that normally a supervisor would do such as conducting investigatory activity on me. ‘What kind of investigatory activity? Examining my time cards was one. I learned that one ‘of the complaints he had made to the mayor, atleast ‘one, maybe actually more than that, that he had made about my accounting for my hours and what I was doing |) during my shift, he could have oniy known that Information, there was no other way for him to know ‘that information, without both at times even accessing records that only the city lerk would have. There were time cards that went from me, got ‘approved by the chief, and then went over to the city hall side that somehow he was accessing and comparing to my report of what I had actually worked. So, he was conducting investigatory activity as to what hours I worked, what I was logging in on my CAD on my ‘computer, what I was doing, what activities 1 was ‘engaging in during my shift, what communications 1 might or might not be having with officers from other ‘agencies. So, no, he was not my supervisor, but he Page 92 | | Page 91 have it again because of complaints by Murphy which the mayor would make me answer for, even though they had already been settled, For example, the four hour or reduced shifts where I was using sick pay, or holiday pay, or comp pay, I would, you know, come in ‘and work for however many hours and then for the rest (of the shift use those hours that I had banked, and then T was told that the mayor wanted to know because (of the complaint by Murphy why I was being allowed to work parttime while all the guys had to work full time. Okay. ‘And, then, I had to answer for that. And so everything I did I was having to revisit and revisit and justify, even though it had intially been settled, and I didn't see that happening to anybody else in the department. (Okay. Just to make sure I'm clear for the record, Patrick Murphy was not your supervisor, correct? Weil, that's what I thought, but he seemed to be somehow actualy acting in that capacity because whatever he complained about then went through the ‘mayor, then went through the chief, and then my work environment was altered. So, he actually almost was acting as my supervisor, even though technicelly he >Oor 0 oro> Page 93 |, selP.ntiated activities that normally would be those of a supervisor. ‘Allright, But he didn’, tke, give you orders or discipline you? Not directly. Oley. But he did it by going and complaining to the mayor who then passed it down to the chief. So, Murphy basically ended up dictating what hours I was going to be working because I had to stop working my reduced days because It was making Murphy unhappy. 1 returned to uniform sooner than I might have because itwas making Murphy unhappy. Eventually 1 had my authorization to use the unmarked city vehicle taken away from me because that made Murphy unhappy. So, yeah, he definitely did have direct impact aver how I worked. ‘Okay. And if 'm understanding correctly, what you were perceiving was happening was that Patrick Murphy ‘would see things that you were getting that others weren't getting? Yeah. ‘And would go and complain? Wel, or that he wasn't getting, right (Okay. Well, we'll go through each one because 1 want April 16, 2009 Capitol Pacific Reporting, Inc, (600) 407-0148 ~~ 24 (Pages 90 to 93)Batiot v. City of Brier Deposition of Lori K. Batiot Page 94 Page 96 | 1 tofind out if anybody else was getting any of these | 1 A The chief had told me that Murphy was complaining 2. things. So, Patrick Murphy would complain about 2 about 3 things that he might have seen as privileges for you | 3 Q And how do you know it was Patrick Murphy that 4 that he himself was not getting and he complained to | 4 complained about your use ofthe city car? 5 the mayor, and then the mayor would go either 5 A_ Because the mayor told me directly that Murphy had 6 directly to you and say Murphy is complaining, or 6 complained about it to him, to the mayor. 7 he'd go to the chief and the chief would come to you | 7 Q Mayor Colinas? 8 and say Murphy is complaining, correct? 8 A Yes, 9 A Correct. 9° Q And how isit that you know that it was Patrick: 10 Q_ And then would result in either you having to explain ]10 Murphy that complained about your being assigned an 11 yourself or maybe a change in circumstances, okay, is }11 office? 12 that right? 12 A_ Because both the mayor and the chief had told me, and. 13 A Yeah. 13 itwas both the chief and the mayor that had told me 14 Q. Olay. So, the things that Murphy complained about | 14 about the complaint about the car. 15 that would result in them coming to you that I 15 Q_ Okay. And how do you know it was Patrick Murphy that 46 understand so far, and there are several mentioned, 16 had complained about you being able to work @ reduced 17 and T want to make sure I get them, are plain 17 schedule? 18 clothes? 18 A Because both the mayor and the chief told me that 19 A Um-hum. 19 Murphy was angry about it. 20 Q And that's a yes, right? 20 Q And with respect to the plain dothes, how do you 21 A Yes. 21 know it was Patrick Murphy that had complained about 22 Q Okay. You being assigned an office? 22 your being able to wear plain clothes? 23-A Yes. 23. A_ Again, the chief and mayor told me. 24 Q_ Okay. And you working a reduced schedule? 24 Q Okay. Did you ever talk with Patrick Murphy about 25 A Yes. 25 any of these issues that we've mentioned, the plain Page 95 Page 97 1 Q_ Okay. And you also mentioned the use of a city 1 dlothes, the schedule, the office, the car, or going 2 vehicle ~ 2 home at the lunch hour? 3A Yes. 3 A. Idon't think there was really anything specifically 4 Q —onoccasion? Okay, 4 tobe gained by talking to him about it. There was a 5 A Yes, 5 day when he pulled up next to me after call and he 6 Q_ Andare there other specific things that you recall 6 had kind of flagged me down to stop and so I did, and 7 Murphy going and complaining to the mayor about that | 7 he said something to the effect, "I miss our 8 them resulted in either the mayor or the chief coming | 8 friendship,” which, okay, and at that point I told 9 toyou? 9 him, "Look, I know what you're trying to do. I know 10 A Yes. 10 you thought that was going to be your office and I 11 Q_ Okay. What other things were they? 11 know you're gunning for me and you need to lay off.” 12 A Thad been going home during my allotted lunch and | 12 ‘And he sald, “I don't know what you're talking 13 break periods to breast feed my daughter, and 13 about" 14 regardless of what activity Iwas doing at home, that | 14 ‘And I said something lke, “Give me a break", 15 was something I had always done that was norm for the |15 or, "Yes, you do." And I said ~ And I told him, "It 16 department, normal for the department, and once |16 —_needs to stop, leave me alone." 17 returned from having my daughter, Murphy complained | 17 ‘And, then, there was another time when 1 was 18 about that even though that was something that other |18 walking across the -- He started doing this thing to 19. people did, as well. I actualy lived closer to the 19 me where he would wait --1'm sorry, I'm getting a 20 cy than most of the restaurants that all the guys 20 ite upset ~ whenever there would be other 21 ate at, but because of Murphy I was no longer allowed |21 employees around he would go out of his way to be 22 tego home which impeded my ability to nurse my 22 overly friendly to me, which placed me in the 23 daughter. 23 position of either ignoring him and tooking like 1 24 Q And how is it you know that it was Murphy that 24 was anti-social to the other employees who are 25 complained about your going home on the lunch hour? |25 observing this interaction, this forced interaction, April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148 25 (Pages 94 to 97)Batiot v. City of Brier Deposition of Lori K. Batlot Page 98 Page 100) 1 er T would have to engage wth him and actas though | 1 how he was when other people werent around; is that | 2 everything were fine between us. So, he would do | 2 correct? | 5 this especelly in front ofthe ty hall employees, | 3A Wel he wasnt being friendly. 1t ashe was 4 “Hey, ood moming, Lori how are you doing today" | 4 pretending tobe friendly. } 5 inthis very sort of ~ I cant even describe it~ 5 Q Okay. Pretending to be? | 6 this oie, and so If id say anything to him & A Yeah. 7 andignored him, then he could Iookike a victim, | 7 Q_ Okay. And the one instance that she mentioned, 8 but if sald what I wanted to say, which, you 8 akhough I understand ft happened more than once, was | 9 know, "Dont talk to me, leave me alone” well, now, | 9 inthe presence of Katy Geesen? | 10 what impression does that give tothe other 10 A. Karen, thinks Karen Geesen. | 11 employees, that 'm unfriendly, that Tm not socal. |11 Q_ Karen Geesen. And you thought tat that might have 12 Ando this happened again, Tt kept happening and |12 been around the fll of 2007? } 13 told himto stop. ‘Then one day behind the department] 13. A No. Tthink R was around sping. 14 —Tthinkitwas-~ think it wes Karen Geesen from [14 Q_ Im sory, the sprig. 15. ctyhall was walking by and dont recall f there |15 A. Yeah. | 18 was also another officer out there or not but he id” |16 Q Okay, spring of 2007, and afer that instance you 17 the same thing again despite knowing full wel that 1 |17 went upto him and said, "I know wha youre doing 18 did not want to interact with him except when 18 and stop and whatnot that cored? 19 necessary to do work. And he said the same thing, 19 A. That's corect. 20 “Hey, Lon, hows It going? How are you doing 20. Q_ Did Rhappen again after that? 21 today? And t walted untl we were alone, and I [21 A. I donttremember it happening again ater that. 22 sid Again, Tremember being very upset and T said. |22 Q Andis my understanding, and you can corec me if 23 isten, “see what you are doing,” and aid t out |23 Tm wrong, but this was bothersome to you because he | 24 fortim, "you only greet me or speak to me with this |24 was pretending tobe rend inthe presence of 25 tone or atall when there's other people around to. [25 other people, but that's not how he was when was | Page 99 Page 103 | 1 observe it, and Ihave told you I dont want to speak | 1 just you two alone? | 2 with you unless its work related, so stop." Andhe | 2 A Correct. Tt seemed manipuative to me. | 3 went, “Well fine, Well, good day to you too" and | 3 Q_ Okay. Sowhat washis behavior when you two were | 4 kind of walked off, and (twas just infuriating, and | 4 alone; say, n 2006? 5 twas things lke that that just made itto where | 5A We didn speak. | & was sostressed out all the time. Tewes undermining | 6 Q Okay. So, he just ignored you is that comet? | 7 __yabilty to function at work. 7A. Welt wasnt that he was ignoring me because 1 & Q Olay. So do you remember when that indent with | 8 wasnt speaking to him elther; we just did our own | 9 Kathy Geesen was? 9 thing and didn't communicate. 10 A. don't recall the exact day. 1 know it was ~1 10. There was at least one occasion that thnk you 11 think it wasn the spring. It probably would have |11 mentioned earlier in which he came up to you nis | 12 been the spring before I aut, s0'07. To remember |12 patrol car and said something about missing te | 13 itbeing warm out when it happened. 13 iendship? 14 MS. MCINTYRE: Okay. Do you guys want to [14 A Ub-hum, 15 take lunch break? Do you want to go ona break |15 Q_ Okay. So, would you charactarize that asa 16 or~ 16 manipulative, pretend friendliness? 7 MS. MACK: Well it depends on how kong |17 A ‘The way that perceived itt the time was fet 18 were going to be here, Ifyou want to be here unti |18 that he was ishing to find out wat 1 knew 19 }0, yeah, let's do take a lunch break. 19 Q_ Why did you foe that at the time? | 20 IMS: MCINTYRE: We can go of the record. |20. A Because that was not long after I knew that he had 21 (Lunch recess taken.) 21 made complaints to the mayor about the office, pain | 22 Q (By Ms.Meintyre) Right before we went on break you|22 thes, my hours, all those other things that we | 23 were talking about situations when Patrick Murphy, in }23 discussed, and that’s why I fet that he was checking 3e He erasartaof other pecne, would be maybe tendy [24 toe where we stood, knew what he had been | 25 to you and that this bothered you because that'snot|25 doing. | 25 (Pages 98 to 101) April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148,Batiot v. City of Brier Deposition of Lori K. Batiot age 102 age 104 1 Q Okay. 1 A Tdonitknow. 2 A. But uimately you'd have to ask him. Idon't really | 2 Q_ Okay. 3 know why he stopped me and said that to me. 3 A And, let's see, and then there was another instance 4 Q Okay. But the way you perceived it, it wasn't 4 where — and I think that these were both before the 5 genuine and sincere and = 5 Incident in the parking fot with Karen Geesen, but | 6 A Notatall, 6 ‘there was another incident where I was at work, on 7 Q Okay. 7 duty this time in a patrol car, you know, full 8 A. Yeah, it was definitely not. Sony to cut you of. 8 uniform, and I recalled that I had left a phone } 9 I didn't feel it was genuine or sincere at all. 9 charger inside the realty office, so, and I needed it | 10 Q Okay. And, sof T'm correct in understanding that | 10 because my phone was going to die, so I drove over at let's say from the time that you returned from iL and ran in, grabbed my charger, and when I came out | 12 maternity leave until the time that you resigned, 12 Murphy was sitting in the parking lot just above 13 your communications with Patrick Murphy were limited;|13 there watching me, and I got in my car, and he | 14 _Isthat correct? 14 continued to apparently watch me, and then I don't. 15. A. Twould say once I made written complaint and it |15 recall for how long, and then he slowiy kind of ! 18 looked like there was actually oing to be some kind 16 rolled away, and I dont think he was even on duty | 17 of an investigation it cooled down. 7 yet. He had started coming in earlier and earlier | 18 Q Okay. And, then, again, I think we covered the only |18 for his shift, and felt he was doing it for the 19 ‘time he was nice to you or pretending to be nice was | 19 purpose of his investigatory activities on me. And 20 inthe presence of other people, and, other than |20._when that happened I elt scared and I called the 21 that, he didnt tak to you tall is that correct? 21 chief immediately and I told him about the whole 22. A No. There was something else that I - No, there 22 incident. 23 ‘were other times where he did stuff that was also 23 Q Okay. i" 24 Unwanted contact that Ijust thought of, There was |24 A And there was another - Sorry, there's another. 25 another time when I was off duty. I was walking from |25 Q Okay. | Page 103 Page 105 1 Brier Realty, which I had like a part-time job at at | 1A Then there was anather incident where the chef 2 the time, I was walking from Brier Realty over to 2 contacted me and said that Murphy had made a 3 this lite coffee shop and Murphy pulled up 3 complaint to the mayor and in his complaint he was 4 alongside me in his patrol car, and this was during | 4 aiming that I had gone to a ball game with my 5 the time that I was certainly going out of my way to | 5 husband during atime that I was actually logged in & avoid any contact with him, and he said something | 6 as being on duty, and at first I did't even know 7 about, "What are you doing?” 1 think I said, 7 what he was talking about, and so Thad to then go 8 "Getting coffee." Then he kind of stared at me andI | 8 back and justify myself, and which bothered me that I |) 9 remember feeling scared because I was totaly in 9 was even having ~ baslcally I was being forced to. | 10 plain clothes, [had no weapon on me, and he was ina |10 answer to Murphy. I went and looked back at my 11 patolear, adhe said-- He Knd of stared atme | 11 calendar and saw what Iwas doing that day and what 12 fora few seconds, and then he said something about, |12 had been doing the previous days, and Irealized | 13 "Does our medical plan cover braces?™ And [said |13 that it was actually atime where I had worked more 14 think sald, lke, "Tdon't know” and then turned | 14 hours than normal earlier in the week and sothe = | 15 and walked away, and he just sat there staring at me. | 15 chief had agreed to let me go home earlier in the day | 16 Q Ifyou were walking away, how do you know he was |16 during a subsequent day so that we didnt go into 17 staring at you? 17 overtime, and, so, although my pay card would have 18 A. Because I looked back. 18 showed me working, you know, whatever it was, eights} 19 Q Okay. 19 or tens, you know, as regular on the schedule, that 20 A And he was stil sitting there staring at me and then 20 actually had left work early because I had worked a finally he left. 21 more hours, you know, like flex time on a previous: I 22 Q Okay. How long after you started walking away did | 22 day. But what upset me and scared me was that for |) 23 you look back? 23 Murphy to know that he would have had to have | 24 A Idonttknow. 24 compared the city time card with my actual CAD, 25 Q Acouple seconds? 25 which, again, showed that he was investigating me and 27 (Pages 102 to 105) April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148Batiot v. City of Brier Deposition of Lori K. Batiot Page 110 page 112) 1 Q Okay, Did you ever ask anybody? 1 who I'm looking at my notes refreshing my memory 2 A No, 2 onthis~ who said that he had been called in by the | 3 Q_ And obviously you never saw Patrick Murphy actualy | 3. mayor and that the mayor said ~the mayor toldthe | 4 looking at your payroll records? 4 chief that a sergeant from Mt. Lake Terrace had 5 A Idibnot 5 complained to the mayor that I had lft the cty } & Q_ With respect to the baseball game, is there any & unmanned, unpolced while T went over to some other | 7 chance that you mentioned to any Brier city employee | 7 city to conduct real estate business, and that I had | 8 that you had gone toa ball game? 3 supposedly remained clocked in with the city wnle 1 | 9A. There’sa chance. I dont think I did. 9 had allegedly done this, and the mayor wantedthe | 10 Q Okay. 50, when you asked Chief Lane ifyou could | 10 chef to investigate. | uw leave early that day because you had worked more u ‘When the chief told me that, obviously I knew it I, 12 hours earlier in the week, did you say," like to 12 wasn't true. Tknew that Thad had through my CAD 13 leave early this day because welve got tickets to a 13 machine, my computer, knew that Ihad had this | 14 ballgame’? 14 conversation with the sergeant, and, therefore, there 15 A Tmayhave. 15 was no motivation at al for that sergeant to goto 16 Q Okay. So Chief Lane may have known about your plans |16 the mayor, which would alo be highly unusual fora | 17 forthe ball ame? 47 sergeant from one department to go the mayor ofthe | 18 A Hemay have 48 city instead ofthe chief and make a complaint about 19 Q _Doyou think you may have told Mike Javorsky that you |19 me, and I told that to the chie. 20 were going to a ball game? 20 ‘also knew thet the person who was the sergeant |) 21 A No. 21 at Mt. Lake Terrace that I communicated with was an || 22 Q Orany other officer there? 22-- officer that I was familiar with and that that seemed | aay 2 aa te ee euie. fl 24 Q Even after you returned do you think you may have [24 remembered that I had made ths through CAD and that. 25 said, “Hey, Twas at that game lastnight"? 25 could access those records, so had to contact | Page 111 Page 113) 1 A No. 1 dispatch, request that particular CAD transmission 2 Q Okgy. 2 which proved ~ you know, it was actualy there on 3. A. Oh, there was another incident like that. 3 paper proving that I had not done what I was being | 4 Q Okgy. 4 accused of, and I presented that CAD transmission to 5 A Yeah. There was a day when I had a meeting over in | 5 my chief and said, "There" you know, "thank God that | 6 — Woodinvile at that police department, and it was 6 this time I can verify with a record, with an 7 toward the end of my shift that the meeting was going | 7 impartial record that that didn't happen. So, then, L 8 toccccur, and I decided to go to the meeting in 8B the chief sald okay. Now that I provided him with 9 Woodinville and then clock out from there and that | 9 this proof, he went back tothe mayor and said, “That 10 would be the end of my day because Ineeded to be in| 10 didn't happen.” And at that point the mayor, i Woodinville for something else later in the day on AL according to the chief, confessed that, "Okay, it 12 personal time, so I used my CAD and I communicated |12 wasn't actually @ sergeant from Mt, Lake Terrace, it | 13 witha sergeant over in Mt. Lake Terrace who was on | 13. was Murphy and I was just ving to cover for." 1 | 14 duty and I asked her if she could cover the city 14 don't know if those were his words, but that | 15 during the brief amount of time that I would be in 1S basically admitted that he had lied and claimed it 16 Woodinville until the next shift in Brier came on, 16 was sergeant from Mt, Lake Terrace to keep Murphy’ 17 and she sald something back lke, "Yeah, no problem* |17 name out ofthis particular incident with me. And, | 18 and CAD it, sot wasin the CAD transmission, and |18 then, T wasn't in trouble that time, but Iwas very | 19 ‘so that's what I did, I left work, got into a 19 upset, and, you know, I don't want to go off topic } 20 personal car since I was going to be going on to 20 toomuch, but, yeah. 21 personal business after completed the work for the |21 Q_ Let me ask you about this thing up in Woodinville, 22 police department, and I went over to Woodinville and |22 and just to make sure that we're looking at the 23 had the meeting with whoever I met with in 2 that we have the date right, do your notes provide 24 Woodinvile, logged out, and then went on with my |24 you some recollection of when that occurred? | 35 day. Then, after that, [got called in by the chief [25 A No, they really don't that I can see; however, I know | 29 (Pages 110 to 113) April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148Batiot v. City of Brier Deposition of Lori K. Batiot Page 136 Page 114 | 1 that Ido reference it in a formal letter of 1 probably would have because I would have been inf 2 complaint that I made to the chief later, I don't 2 uniform, and, so, yeah. And Iived less than a five 3 know if I put the date in there. Iwanted to make a | 3 minute drive from work, so ~ 4 written complaint that day. I was scared, 1 was 4 Q Do you know if Patrick Murphy was the officer that 5 angry, and I wanted to make a written complaint about] 5 was relieving you on that day? 6 that incident, especially since it wasn't just his 6 A He wasmnot. He was not. I 7 word against mine this time. It was actually a~it | 7 Q Okay. 8 was. document that I could provide and the chief | 8 A That I remember because that was the thing, kind of | 9 asked me not to, so I don't 9 the crux of it was that he wasn't even working that | 10 Q This thing where you were up in Woodinville, and 1 |10 day and yet he still investigated my activites that | 11” understand correctly you had a meeting scheduled 11. day. 12 there towards the end of your shift and so your plan |12 Q_ And I'm just going to make sure that I've got 13 wasto go attend this work related meeting and then |13 everything on the list. T'™m not going to ask you | 14 lock out from Woodinville because you also had 14 more questions about these, but I want to make sure |, 15 _non-work related things to do there, so as opposed to |15 that I captured everything. Iknow there were a | 16 drive back and then back again; is that right? number of things that Patrick Murphy complained about 17 A It was an informal meeting. T was basically ust to Mayor Colinas and maybe to Chief Lane about you 18 going to pass on some information from a case I was, that was having some negative impacts in your work, 19 working on and pick up ~ I don’t remember what it and so I want to make sure that Im capturing the | 20 was I was picking up exactly, like some disks or things that he complained about that we've already |, 21 something, and It wasn't ike a meeting tke tis gone over: The plain dothes, the reduced schedule, | 22. Tt was just going in, meeting-with somebody, picking the assignment ofthe office, the assignment ofthe 23 up these documents and then going on about my day. |23- work car, being able to go home at lunch hour, and |, 24 Twas lke very informal. I think T actually 24 then you mentioned that ! 25 brought my daughter with me so I wouldn't have to go |25 A Lunch or breaks. | Page 115, Page 117) 1 __onback home afterward, 1 Q Lunch or breaks. Now, with respect to the car, were 2 Q Okay. Were you in plain clothes? 2” male oficers allowed to use a car for ~ 3A. Yes. Yes, 1 was. 3A. My understanding was that it wasn't about males 4 Q_ And you were in your privately owned vehicle? 4 versus females being allowed to use that car; itwes |, 5 A Yes. 5 that in my capacity as detective and I was senior 6 Q_ And you had your daughter with you? 6 officer there that that was a privilege that 1 | 7 A Uh-hum. 7 enjoyed because of the kind of work that I was doing. | 8 Q_ Andhow long -- Let me strike that. Do you remember] 8 It wasn't whether or not they were male. | 9” what time your shift with Brier was supposed to 9° Q Allright. But your complaint is that you were 10 finish that day? 10 treated poorly because of your gender? ! 11 A_ This many years later, I don't, yeah. tt A Yes. 42 Q_ Generally, what shifts were you working in this time ]12 Q Okay. Why do you think, if you do, that it was your 13 frame? 13 gender that was the reason Patrick Murphy was } 14 A_I-don't know if 1 was working unt! 2:00 or until 14 complaining about you getting a car? } 15 400 or until 5:00. T just don't remember. 15. A Several things. One was the use of the word 16 Q_ If we just pick, like, say your shift was done at 16 princess. Murphy frequently referred to me asthe |, 17 4:00, how much before 4:00 would it have been that 17 princess. The mayor, when he came into my ofice, | 18 you would have left Brier and gone to Woodinvile? 18 which was frequently, actually used that word | 19. A. Whatever the appropriate amount of time would have |19 himself. That quote that the mayor made to me was, 20 been that would have allowed for, you know, travel |20 "Murphy is angry that the princess is getting special 21 time and time to meet with them before shift ended. |21 treatment while the rest ofthe guys are getting shit 22 Q Olay. And, then, before you did that, though, you |22 on." So, I personally heard Murphy use the word | 23.” wenthome and you changed clothes, and you got your| 23 princess, Theard the mayor use the word princess in_ || 24 daughter, and you got your own vehicle? 24 reference to me and how I was doing my job. 25 ‘Additionally, there was a time that Murphy 25. A. Idon't remember if I changed clothes or not. I April 16, 2009 Capito! Pacific Reporting, Inc. (800) 407-0148 +30 (Pages 114 to 117)Batiot v. City of Brier Deposition of Lori K. Batiot Poe 118 rage 120 | 1 had ~ this s before my pregnancy had become an 1 or get anymore information. And als just simpy the | 2 issue with Murphy. Prior to that there was a ~ or 2 fact that this started really when I discosed that 1 | 3 isa female who works inthe offce named Kathy 3 was pregnant. | 4 Hazel, and Kathy, I don't know what she dé that 4 Q Okay. With respectto the use ofthe word princess, | 5 bothered Murphy, but there was a period of ime where | 5 you said you personaly heard the word princess come | & he seemed to be on some campaign to get rid of her | § __outof Patrick Murphy's mouth, correct? | 7 and ft certainly dd not seem justified. Buthe 7 Yes | 8 would, on several occasions in my presence, I 8 Q_ How many tines? 9 directly observed her walk by him and once she seemed | 9 A I'don't know exactly how many times, more than one, | 10 tobecut of earshot Murphy would whisper, “sith” [10 lessthan 40. | 11 obviously in reference to her. And another time when | Q Okay. And you heard the mayor referto youas 12 she walked by, which was common for her to walk back |12 princess? | 13. and forth between the report writng room and down |13. A. Yes. Well, he was quoting Murphy, but, yes. {4 trenaltownereher dest was anater me she” [14 Q._bid any other employe inthe department reer o you) 15 walked by and he whispered, "T hate her." 15 as princess to your knowledge? | 16 And, then, there was another incident with Kathy 16 A No. ! 17 where he bought lattes for the people, the staff that [17 Q_ Are you sure ofthat? } 18 workckind of in the font of the ty hal, and 1 18 A Yes 19 donttknow ithe bought one ~ I think he aso bought [19 Q_ Okay. And so you never heard any other ~ | 20 one for Mickey Halverson, but obviously excluding [20 Well, Ttake that back. If they did, it was never in | 21 Kathy, and then made a pont of standing infront of |21. my presence, Tm not aware of any. 22. — her desk and saying to Mala, who is.agal that works |} 22--Q—With.respectto Kathy Hazel --I'™m tying to : 23. at the front deskin the city hall, "Hey, Maia, how [23 determine wi you think it wes gender that wes 34 —dovyou tke that late 1 bought you?" to further ind 24 motivating this treatment as opposed to some other 25 of rub Kathy's nose inthe fact that hehad excuded —|25_non-gender related cause? Pope 119 Page 121 1 her 1 A_ The way I saw him treating her? | 2 So, the way he treated Kathy for awhile unti he | 2 Q__ Right. | 3 stopped was one reason. Then the princess. There | 3. A Well he called her a bitch ! 4 were times where both the chief and the mayorhad | 4 Q_ Okay, But the lattes, he got a latte for Mickey 5 told me tat the mayor hada big problem witn women | 5 Halverson and he gota latte for Malia, They're both 6 and that! should try not to ~ wel, and the chief & females, right? 7 told me not to complain to the mayor because Twas | 7 A For the purpose of singling out Kathy, though 8 going to upset him. 8 Q How do you know that? 9 Q Before you go on, I didn't hear that answer, Didyou | 9 A Iguess I don't. 10 say both the chef and the mayor told you that the [10 Q__Okay. So, he may have just hated kathy, righ, for | 11 mayor ad probiems with women? 11 reasons that had nothing to do with her gender, is | 12 A. No, Thope I dia say that, no. Both the chief 12 that possible? | 13. and Jvorsky had tld me that the mayor hed problems |13 A Tdontt know. Inever saw him do that to a male | 14 with women and that I should try to avoid complaining |14 employee. T know that he and Javorsky certainty | 415 about things tothe mayor because t would upset him |15 don't get along, and yet I never saw him do those 16 —ormakehim angry. Another time a reserve officer--|16 kinds of thing to Javorsky. The only time T ever saw 17 gosh, can picture him in my head and Ican'tthink [17 __ that kind of behavior was to females: Me, Kathy. 18 of hisname, Ttstarts with a °K". May refer to 18 Q Okay. And how did you know about Steven Kyle's 19 _ my lstof employees again? 19 commenttto the chief? 20 Q Sure 20. A The chief told me. 21 A Kylie, Steven Kyle had — According to the chi, 21 Q_ Okay. And what was the context ofthe chief 22 kylie had come tothe chief and said that Murphy had |22 disclosing that to you? 23. had some issues wth women and it was more than what |23. AT don't remember. 24 maybe the chief knew about. Tdon't know anything —|24 Q_ Allright. And with reference to going home on the | 25 mote about that, [never did speakto Kyle aboutit —|25 lunch hour or on breaks, did other officers go home | 31 (Pages 118 to 121) April 16, 2009 Capito! Pacific Reporting, Inc. (800) 407-0148Batiot v. City of Brier Deposition of Lori K. Batiot Page 134 Page 136 ‘And I never abused that privilege. 1 __ and I don't remember who else was on ~ 1A 2 Whowasit that was not in the core group but was | 2 Q Okay. Soyou never took it toa ral estate open 3. ~ given a copy of the proposals? 3” house or anything ike that? | 4A Tdon't remember who the officers were at that time. | 4 A No, Tdont think! did. 1f1 ever aid, it would | 5 Tknow I think Seth Kinney was one, Daniel McKenzie, | 5 have been because I was going on to city business | 6 me. & immediately ater, but I dont think I ever did ! 7 Q Tmtalking about the ones that did not get did | 7 anyway. | 8 — notgetit or ~ 8 Q Letme-Let's spend a couple minutes because? | 9A. No, everybody got it but me, 9” don't want to belabor things too much, but going 10 Q Okay. So, Seth Kinney you're sure was given a copy |10 through the things that you detailed in your ! 11> ofthe proposal? Daniel MeKenzie you were sure wes [11 dlscovery responses and T know we've gone over alot | 12. givena copy of the proposal? 32 ofthese in some length already, and Tm not going to | 13 A Yes. 13 rehash ~ try not to rehash these, but I want to make || 14 Q_ Okay. But you're not sure about Mike Javorshy? «(14 sure that we get all ofthe events captured. And ! 15 A mean Idont see why he wouldn't have been, 1 [15 starting on page 7 of 19 ofthe discovery responses | 16 remember that I had The reason T'm not sure that | 16 you mention that Murphy would change passwords in car 17 hedidis because, you know, we were on good terms |17 computers inthe patrol car and not ive you the ! 18 _andit seems lke fT had just wanted to see It 18 password? } 19 could have probably gotten a copy from him. Imean [19 A Yes. ! 20 that would be a logical leap to make, So, I don't’ [20 Q_ Was itonly ou that was not given the password? | 21 know if he gott or not orf I just wanted to be 21 A Asfaras I recall it was just me. } | 22 —aiven a copy; you-know; on prineiple-because I should-}22~Q— Okay. a 23 have access to it 23A_ Tothe point where there were days when Td go out | 24 Q Okay. 24 and there wouldn't be a single patrol car that ! 25 A And! do remember specifically talking to Ithinkit 25 could use. i age 135 age 137) 1 was Seth McKenzie ~ or not Seth McKenzie, Daniel | 1 Q_ Okay. Were the passwords inthe car computers ! 2 MeKenzie and asking him if he had a copy and ithe | 2 diferent than the passwords inthe station | 3 could just e-mail it to me, and being told, "Well, 3° computers? | 4 you should just go to Murphy for i." So, I realy 48 Yes. 5 felt ke I was being shut out. 5 Q_ How would he have the ability to change those or do |, 6 Q During the time that you did take the city car home | 6 you know? 7 did you ever use that for anything other than diving | 7 A At some point he had been ~ Somebody had tobe In 8 from the police department to your home? 8 charge of maintaining the passwords for cars and at | 9 A Oh, yeah. 9 some point he had been given that task by a chef, 10 Q_ For personal? 10 and then later that task was taken away once he | 11 A No. 11 stated usin it as a weapon. 42 Q_ Soit was only to drive from the police department to. | 12 MS, MACK: Just to cay this whole last 13 your home and then back to the police department? |13 exchange about "he", were referring to Patrick I 14 A Yes, 14 Murphy. | 15. Q_ Youdidn't use —~ 15 MS, MCINTYRE: Allright. ‘Tat wes my 16 A Well, no, no. Yeah, that's not the only business |16 understanding. I 17 that you would use it for, though. There were other | 37 Q_ (By Ms. McIntyre) In November of 2005 you were the | 18 times when maybe I would use it to go up to a 18 lead Ina shooting investigation. What was that? D0 | 19 meeting, or I would use it to respond to an 19 youremember the case? Do you remember the nent? | 20 investigation, or I would use it~ you know, Iwas 20 A Tdonttremember every detail of i, but I remember 21 allowed to drive it. It didn't have to be just from [21 substantial things about it. Twas the lead, lead | 22 Point A to Point B. 22 investigator in a shooting where it was a meriuana 23 Q_ Right. 2 row inthe basement ofa home and the homeowner hod 24 A But it was city business. 24 gone to the back door in response to somebody being 25 Q_ Cty busines? 3S etheback door When eapened the door,he sow” 35 (Pages 134 to 137) April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148Batiot v. City of Brier | 22 — attempted homicide. But Murphy: took the evidence-out—} 23 of my trunk, gave it to officers from the other 24 agency without telling me, and, wien I found out that 25 held done that, I had to go back to the other agency, Deposition of Lori K. Batiot ! Page 138, Page 140 |} 1 somebody there that he knew andthe guy shot him in| 1 Q_ This says, looking at page 8 of 19, in May of 2006 2 the gu, and then the suspect fed, an the vein 2 was when Murphy had flagged you down in his patrol 3 had mode his way across the stret to somebod/s | 3. carand sald he misses your friendship, that the 4 house, and the medics contacted him there and cutis | 4 thing you were talking about ~ | 5 dothes off s they administered treatment, And 5A Yen 6 ater once I had arrived, I took custody ofthe & Q. —eatler? Sothis refreshes your recllecton that | 7 body clothing and secured kn the back of my 7 this was round May of 6? 3 palrolcar. Murphy went, without speaking tome, | 8 A Yes. } Situ aking for any authorization, tok the bloody | 9 Q_ Okay. And you tld him on that occasion to not speak 10 thing out ofthe trunk of my car without my 10 toyou Unless wes business? 11 knowing and gave it to officers frm Mt. Lake 1A. Right. } 12. Ternce, And what had been agreed on was that Mt, 12 _Q_ Okay. You menton an ncdentn September 2006 and 13 Lake Terrace or It was either the Mt. Lake Terrace 13. yourran into Leslie Lavoy and she said that Patrick } 14 Police Department or the taskforce, [dont recall [14 Murphy had made negative comments about you to her; | 15 now, was going to be in charge ofthe VUCSA part of | [15 fs that corect? } 16 the violation. 16 A Yes. l ? THE COURT REPORTER: T'm sory the what? |17 Q_ Did she say what kind of negative comments they were? | 18 A. (Continuing) VUCSA, VU-CSA, VUCSA, which means, 18 A No, ! 19. violaton ~ you know the marijuana portion of 19 Q_ Allright. There area numberof incidents looks | 20 basialy the drug grow, they would handle sticly (20 ‘ke in December that you have specie dates fr. 21 that Our agency was strcty going tohandle the --|21._—_December 6th was when, according to this, Chief Lane |-22—told.you that: Colinas-had-a talkwith Murphy about — 23 your complaints of harassment towards Murphy and that |, 24 Murphy had brought a laundry Iistof complaints about | 25 you, including the complaint that you were ata ball Page 138 1 sign the evidence back out, bring it back to the 2 station, It totaly muddled up the chain of custody 3 forthe evidence, which could potentially harm the 4 case down the road If we had a cooperative victim, 5 and! felt very much undermined to the other agency 6 that this officer would do that. Tt was not in his 7 authority to do it, Nobody had asked him to do it. 8 And met with him later and tried to discuss it with 9 him, and told him that he shouldn't have done that, 10 and that he wasn't operating within his capacity, and 11 that he had no reason to go into my trunk and take 12 evidence without speaking to me about it, and that he 13. had jeopardized the case by doing so, and Murphy then 14 went to other people in the department and complained 15 that I had, quote, the word he used was "screamed at 16 him" about moving evidence, which was completely not 17 true, and, yeah, 18 Q Okay. You mention in here also, just going on and 19 filing in some of the holes that may have been left 20 when we talked about these things earlier, the 21 reference that Murphy had made about pregnancy being 22 allifestyle choice unlike sking, were there 23 witnesses to that and, if so, who were they? 24 A I don't remember right now. Let's see ifI wrote it 25 inhere. Page 141 | game with your husband when you were supposed to be ‘on duty. So, that's when you learned that he had complained about the ball game? Yes. ‘Okay. Allright. And, then, the next day it was the reference to being at the house ~ A Yes. Q. ~ that morning, and so was that the time that you went there on a break and Mayor Colinas saw you and 10 reported that to Lane? it A. Correct, the day after his meeting with Murphy. 12 Q. Olay. But Mp himself wasnt involved in that 13 partcuar complaint tothe chief was he, asferas | 14 Youknow? ! 15. A Tnvolved in? | 16 Q_ Well he wasnt the one that made the complain about | 7 you being at home? | 18 A. Téontknow. Imean that pertcua doy, Tdonit 19. know what the so-called laundry ist was on December 20th Soyif he had complained about me taking breaks | 21 at myhome, which then prompted the mayor to surveil 22 my house ~~ i 23 Q ‘Okay. You never saw the laundry Ist ~ ! 2 ® Cone. 25. Q. ~i'there was anything in vrting? Okay, 0n "36 (Pages 138 to 141) April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148Batiot v. City of Brier Deposition of Lori K. Batiot Page 146 Page 148 } 1A. Then finally nothing happened. And when the 1 A. {didnot fe! that it was totaly inadequate, but I 2. investigation simply stopped and the money was | 2 do think it should have ~ It should have been | 3 apparently refunded I asked the chief ifthe mayor | 3 handled by the state patrol because t's thelr data | 4 was going ~ the mayor or the chief would star the | 4 base. } 5 inilaton or the start the investigation over again | 5 Q Allright. | 6 this time with somebody competent to doit, or & A. And the sanction imposed against Murphy for what he) 7 perhaps now they might even actually use an outside | 7 did were not adequate forthe offense that he ! 8 agency lke Edmonds, and T was told no. 8 committed. He actually committed a criminal offense. 9 Q Allright. Do you fault the citys intial deision 9 Q_ But they were apparently adequate to prevent it from 10 to retain Janice Corbin of Sound Investigations to do |10 happening again because 2s far as you know he never J 11 the investigation? 11 did that again, correct? 12 A Yes. 42 A Atthe time I didn't know that, that in the pasthe | 13 Q Why? 13 had used state maintained data bases before to | 13 Ov ney chose an incompetent entty to conduct |14 humiliate employes, but I id have thet krowedge | 15 the investigation, ‘There was no reason to go outside |15 at the time that that investigation was completed, | 16 to a private company to do it when they certainly 16 So, now, if you asked me today looking back, I would |) 17 could have had ~ I don't know any reason why they |17 say, no, it's not adequate. I 18 couldn't have the state patrol, or Edmonds do, or |18 But in terms ofits impact on you personaly after he 19 some other neutral law enforcement investigator do |19 was investigated and disciplined for this he didnot 2 it 20 dotthis to you again? 31 Q Doyyou know anything about Janice Corbin or Sound |21 A He didn't, He didn't harass me in that particular 22 —Investigaions? a 22—method,-He-stl-eontinued t-harass me.— 23 A What know is how this investigation unfolded. |23 Q_ Okay. 24 Q Did you know anything about that agency prior to |24 A So, Idont feel it wes adequate. 25 this? 25 Q_ And the continuing harassment after this event again | Page 147 age 143 1A No, not prior. 1 was him making complaints tothe mayor about you that |} 2 Q Doyou believe that the city knew or reasonably 2 would then somehow get back to you and require some 3 should have known that Janice Corbin would not follow | 3 response on your part right? | 4 through with a competent investigation? 4A That was how he continued to harass me, yeah. 5 A Idon't know. 5 Q Okay. | & Q_ Okay. So, am I correct that you're fauting the cty | 6 A And also by his surveilance of me, by showing up, 7 > for retaining her based on what ultimately happened | 7 you know, the instances that we talked about. } 8 with this, which is that it just ether fell through BQ Where he was watching? | 9 the cracks or 9 A. Correct. And by the times that we were the two 10 A. What I'm faulting the city for is that on my frst 10 officers on duty, it undermined my abilty to-do my 11 complaint I believed that should have been 11 job, when, if he was the only back-up officer inthe 12 investigated by the state patrol. That data base was |12 city, it compromised my safety. 13 maintained by the state patrol. They had 43 Q_ Well did you ever try to cal him as back-up when he 14 jurisdiction over misuse ofthat data base and they 14 would not show up? | 15 should have been made aware ofthe Violation of the |15 A _Iidn't want him as back up because I was scared of 16 use ofthat data base, and they also should have been |16 him. 17 given an opportunity to impose sanctions for misuse |17 Q But I think you already testified he's never 18 ofthat data base, but the city chose to handle it on |18 threatened you? | 39 their own and keep the state patrol out of the loop. |19 A Correct. 20 Then they went on to my second complaint 20 Q And just so we're dear becouse there are diferent | 21 Q Okay. Let’ stick frst with your frst complaint 21 forms of sexual harassment and, you know, altot | 22> and then we ean go on. I:don't mean to cut you of, }22 people tink of sexual harassment as something sexual 23 but want to make sure we don't get too far afield,” |23 in nature, like provocative or fitatious, he was | 24 The fist complaint, is it your contention that that |24 never sexvally provocative with you, was he? 25 investigation that was done on that was inadequate? 25 A Sexually provocative in what way? Like he never came April 16, 2009 38 (Pages 146 to 149) Capitol Pacific Reporting, Inc. (800) 407-0148Batiot v. Cty of Brier Deposition of Lori K. Batiot v Page 150 Page 152 1 ontome, if that’s what you mean. 1 Q_ Okay. But the harassment seems to have not continued 2 Q That'skind of what I mean, yeah. Did he ever come | 2 Into 2007, correct? ! 3” onto you? 3. A Aslong as there was an active and open investigation |, 4 A No. 4 he seemed to stop. | 5 Q_ Did he ever touch you in an offensive way? 5 Q Okay. Sothen it would have been to your benefit, | 6 A The massaging. 6 then, to have that investigation remain open? 7 Q And that was early on? 7 A Tewould have been to my benefit to have the 8A Yes. 8 investigation reach a successful ora thorough | 9. And when Javorsky mentioned it to him he stopped? | 9 conclusion and for that conclusion to have been acted | 10 A Yes, 10 on, | 11 Q_ Okay, Other than that, did he ever touch you inan |11 Q Okay. So, from the time that you submitted your =| 12 inappropriate manner? 12 written complaint in December of 2006 unt the time 1B A No. 13 you resigned in October 2007, the investigation or 14 Q_ Okay. And he never propositioned you? 14 the harassment rather by Murphy had stopped? 15 A. No, When Tsay that I was scared of him, the fact |15 A Yes. 16 that he would show up, that I knew based on the | 16 Q_ And going into 2007, T understand that you suffered a 17 evidence it appeared to me that he was accessing 17 work related injury in a motor vehicle accident in 418 records that he had no business accessing, the fact 18 July of 2007, correct? } 19 thathe ~ the clear actual fact, documentable fact 19 A Yes,Idid. | 20 that he had run my personal information, things like |20 Q And you were off work for @ period of time? 21 that caused me alarm. Those were things that a 21 A Yes. normal person would-not and: should not-do:—F-idn't—}2 returned-to-worky-did-you ratum on a}. 23 know based on all the things that we've talked about |23 light duty schedule for a period of time? 24 today and probably some other things that Ican't 124A No. Y 25 recall, I didn't know what where his line was and 25 Q Okay. Tell me what happened between July 2007 and Page 151 age 153} 1 where he would stop. 1 until your resignation in terms of your work? 2 Q And going back on these investigations, I understand | 2 A Iwas There was obviously a great deal of tension 3. you think the first complaint should have been 3. about this investigation and whether or not it was 4 investigated by the state patrol and that harsher 4 ever going to wrap up, and the mayor seemed to have @ 5 sanctions should have been Imposed on Patrick Murphy; | 5 hostile attitude toward me whenever we had to see 6 — Isthat correct? 6 each other, and I was under a great deal of stress 7A. Whether or not they should have been harsher, Ithink | 7 when I was at work because of that. And one day I 8 that sanctions should have been imposed that would | 8 had gone up to ~ I was in ~ actually n the chiefs 9 _ have stopped him from continuing to harass me. 9 car again, the white car, he'd let me take his car 10 Q And with respect to the second complaint that you 10 that day to go to a detective meeting, and on the way 11 submitted in December of 2006 in which the city 11 back Ithink that was because I couldn't be in 12 retained Janice Corbin, and I may have asked this 12 uniform yet -- on the way back I got ~ no, that's | 13 and I apologize ifI did: Do you believe that the 13. notit. That was well after the pregnancy. Oh, 1 I 14 city knew of facts in December of (06 or whenever it | 14 think I'd worn plain clothes to the detective's | 15 retained Janice Corbin intially that should have 15 meeting is what it was. Iwas ina sult, soT wasn't | 16 advised the city that she was not competent to do 16 armed, and was in the patrol car or in the chiefs 17 this investigation? 17 car coming back and some gal rear-ended me in the car 18 A. [don't know what the city knew. 18 and caused some significant damage, and, so, yeah, 1 | 19 Q Okay. Allright, And it did become clear through 18 was off duty completely for I don't recall how many 20 2007 that Janice Corbin kind of dropped the ball on 20 weeks. And then toward the time when I was going 21 this investigation, would you agree with that? 21 to~I could foresee that 1 was going to be coming 22 A Lwould say so. 22 back into work, I had inquired again ifthe 23. Q_ Okay. And so is it your position that the city then 23 investigation was wrapped up, if they had reached 24 should have gotten a diferent investigator? 24 some kind of a conclusion and what they would be |e 4 Absolutely. 25 doing, and the chief told me that, no, they hadn't. ! '39 (Pages 150 to 153) April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148Batiot v. City of Brier Deposition of Lori K, Batiot Page 154 age 156 1 And L asked him if, of course, well, are they 1 alleave of absence while you were employed with the 2 going ~ if Janice Corbin is not going to complete 2 cl of Brier? 3 this, are they going to pass it on to another 3A No. | 4 investigator within that company and get it done. 1 | 4 Q Let me ask you, and I know we talked about this I 5 needed some kind of conclusion. And he said he 5 rly, butto see we can get sme dates on tis, | 6 thought the mayor was just going to just lt it go 6 Your husband was with the Seattle P.O., he oined the 3 And Thad talked to chief and very candidty said, you | 7 Seatti P.D. and was going through the five month | 8 know, Tam sick with stress when I'm at work now — | 8 _ training at the academy? } 9 waiting for tis thing to end, meaning the 9 A Ub-hum, } 410 investigation, and I fully believed that if he simply |10 Q__Do you have any idea when that training was scheduled | 11 got a pass on it because Janice Corbin couldn't do |11__toend? } 12 her job that he would absolutely start back with 12. A Well, Imean it depended. At some point, 'dontt | 13. harassment, and I fully believed that, and T asked [13 remember wien it was ~ I'm trying to think. 1 14 him to put me on a leave of absence, and I told him, |14 remember his graduation. Yeah, Tdontt remember the | 15 you know, that during that time hopefully something 15 dates. | 16 will work itself out, and the city would have had 16 Q_ Okay. And then what happened with him in the Seattle |) 17 more than enough time to initiate a new investigation |17 —P.D.? | 18 and get it wrapped up. I couldn't work under that 18 A He was in their training ~ field training officer ! 419 environment anymore with Murphy and the mayor, and] 19 program and he was just having a hard time going call | 20 the time that I was away from It it’s ikea fish 20 tocalland washed out. ! 21 under the deepest depths of the ocean that's been 21 Q How long did he ~- How long was he in the FTO period? || 22~——under-pressure-so-long it doesn't know it's under} 22—A-—I don't know, five or-six months, 23 pressure, and I don't know how else to explain it, |23 Q__Okay, Do you know roughly when it was that he lost 24 just [had been under so much pressure for so long, |24 his job with the Seattle P.D.? 25 and then when 1 was away from it I couldn't believe |25 A think it was ~ It was the fll of last year. Poge 155 age 157 1 how much better I felt, and then I was able to see 1 Q Fall of 20087 2 looking back how it was affecting my ife, how twas | 2. A Yeah, T think it was fall of 2008, 3. affecting my relationship with everybody, and 3 Q So, the FTO period with the Seattle P.D., is that 4 didn’t want to go back into that situation unt it 4” like'up toa year? 5 was resolved. And the chief sai, "That seems 5 A. No. The probation period is up to a year, yeah. | & reasonable. Youve been here over six years and 1 6 Q Okay. / 7 will make a recommendation that you be granted a 7 A You know, I'm not an employee with SPD. | 8 leave of absence.” 8 Q Right. | 9 ‘And during that time I thought since my husband | 9 A And I don't really know how everything works. But |) 10 had started the academy sometime around there that |10 typically an FTO period with any agency is usually |) 11 weld work something ou, you know, whatever twas 11 three months unless you're not really making it ne } 12 going to be with my daughter, get a nanny. Iwasnt |12 _if youre struggling sometimes they can choose to 13 thrilled about the idea of childcare, but we'd get 13 extend it out. | 14 something worked out, and during that time the city 14 Q_ Okay. But anyway he was released before his 15 could get their crap together and that I could go 15.” probationary period ended; is that correct? | 16 back to work. 16 A Yes. | 7 loved working in Brier. 1 liked the 17 Q__Andwith respect to your work related injury, what |) 48 community. I had been there over sixyears. Iwas |18 Tm trying to understand is you were off work | 19 senior officer. I did have a ot of perks with the 19 completely fora period of time. Did you then return}, 20 job that Ihad eared, and I really didn't want to 20 to work and then go back on L & I leave? | 21 startall ver, and a six month leave of absence 21 A Yeah, I think I did, T can't remember how it all 22 Seemed ike a really good solution to that, and the 22 played out. I think I came in in plain dlothes. The |, 23 chief was all for it, and he wrote up the letter and 23 chief said I could come back with light duty, and 24 gave'tto the mayor, and the mayor denied it. 24 then the mayor said, "No, we don't have light duty" 25 Q Areyou aware of any male employees that were granted|25 and sent me back home. April 16, 2009 Capitol Pacific Reporting, Inc. (800) 407-0148 40 (Pages 154 to 157)Batiot v. City of Brier Deposition of Lori K. Batiot age 158 Page 160 1 Q. Like — Just lke you worked just a day or something? | 1 doors, I don't remember how many were laterals. 2. A Tthink it was something tke that, yeah. 2 Q And how is it that you would come to know what they 3 Q Allright. So, from the July of 7 accident unti 3 were being paid? 4 you submitted your resignation in October of'07, you | 4 A With each of them I think in a couple of cases the 5 only worked maybe a day or so? 5 cheif told me what step they were starting out at and 6 A Think so. & because I was involved in the hiring process with 7 MS. MCINTYRE: Okay. All ight, 1d ike 7 some of them just coming up in conversation. And 8 —_to.go through some exhibits, just have you identify 8 also] knew because of the association negotiations 9 them so we can get some of these marked, What are we| 9 with the ity n some cases, I knew what different 10 on, four? 10 people made because of discussions that we had about uu THE COURT REPORTER: Yes, 4 will be the 11 who made what and where the pay grades should be. 32 nextone that I mark. 2 MS, MCINTYRE: Okay. Let me, to gett 3 (Deposition Exhibit No. 4-5 13. moving along here, mark this as Exhibit 6 4 marked for identification.) 4 (Deposition Exhibit No. 6 15. Q (ByMs. Meintxye) Have you had a chance tolook at |15 ‘marked for identification.) 16 "Exhibits 4 and 5? 46 Q (ByMs. Meintye) While you look at that, 1 17 A Um-hum, 17 identify for the record that this is two pages that 418 Q Have you seen ths before? 18 were recelved from you in discovery with Bates marks 19. A Thave a long time ago. 49000116 and 000117, and you mentioned that there we! 20 Q Allright. And am I correct that these are 20 an e-mail that Mayor Colinas sent to Chief Lane about 21 communications between Chief Gary Minor and Mayor |21 seeing you at your house, correct? 22——Wayne Kaske in December 2001-regardina your salary? 22—A—Un-hum ae 23 That's correct. 23. Q_Isthis the e-mail on page 000117 that you were 24 Q Okay. And itlooks tke according to the memo from 24 referring to? 25 Wayne Kaske to Gary Minor that you were hired asa [25 A Yes, itis. Page 159 Page 161 1 step one officer and went to step two the next month | 1 Q Okay. And, then the first page ofthis 000116 is 2 in October of 2001. Does that refresh your 2. > this— you called ta written reprimand that you 3 recollection as to how your pay was when you started? | 3 received for this incident? 4A Istil dont rally remember it, but I have no 4A Yes 5 reason to doubt ths is accurate. 5 Q_Itreferences a counseling session. Is written 6 Q_ Okay. And it looks like the chief is recommending | § documentation and a counseling session the same thing 7 ~ that you go to step three and the mayor has not 7 asawitten reprimand as you interpret i? 8 approved that step increase? 8 A Asfar as understand it, thisis stil something } 9 A Cored. 9 that goes into my fle and would be seen by whoever | 10 Q Do you contend that this was an exemple of gender |10 is reviewing the fie } 11 discrimination? 11 Q Okay. And the date ofthe written reprimand is | 12 A Idon't know for sure that it was. It may have been. |12 December 7, 2006? 13 Q Okay. Are you aware of any witnesses or facts that |13 A That's correct } 14 would suggest that Mayor Kaske's decision to deny |14 Q Allright. And Bob Colinas’ email to you is, | 15 your step increase was because of your gender as |15 December 8, 2006? } 16 opposed to any other reason? 16 A Itwasnttan e-mail tome. Twas a~ | 17 A Tsimply saw that other lateral male officers started [37 Q_ I'm sorry, an e-mail to the chief? ! 18 at higher pay steps than I did; other than that, no. 18 A Yes. 419. Q Okay. And the other male lateral officers that 19 Q Okay. Did he issue ~ } 20 started at higher pay steps, who was hired as @ 20. A. No, Tm sony, hisis dated the 7th—yeah, Tdont 21 lateral while you were there? 21 understand why this says sent the ath when Oh, | 22 A. Patrick Murphy, Michael Javorsky, Eddle Thomas, |22 okay, Ithinkthat there's atypo on this at the top| 23 although he came ~ I think he may have come from |23 of the letter of reprimand because this couldn't be 24 reservations, 501 don't know how that worked. Seth |24 given to me on the 7th, when he, according to this | 25 Kinney. Welve had a lot of offices through those [25 e-mail, sent this e-mall tothe chief on the Sth, ! te April 16, 2009 Capitol Pacific Reporting, Inc, (800) 407-0148 41 (Pages 158 to 161)