10 qa 12 13 14 15 16 17 18 1g 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 1 IN THE IOWA DISTRICT COURT FOR POLK COUNTY CHRISTOPHER J. GODFREY, Plaintiff, vs. STATE OF IOWA; TERRY BRANSTAD, Governor of the State of Iowa, individually and in his official capacity; KIMBERLY REYNOLDS, Lieutenant Governor of the State of Iowa, individually and in her official capacity; JEFFREY BOEYINK, Chief of Staff to the Governor of the State of Iowa, individually and in his official capacity; BRENNA FINDLEY, Legal Counsel to the Governor of the State of Iowa, individually and in her official capacity: TIMOTHY ALBRECHT, Communications Director to the Governor of the State of Iowa, individually and in his official capacity; and TERESA WAHLERT, Director, Iowa Workforce Development, individually and in her official capacity, Defendants. Law No. LACL124195 VIDBOTAPED DEPOSITION oF TIMOTHY JOHN ALBRECHT THE VIDEOTAPED DEPOSITION OF TIMOTHY JOHN ALBRECAT, Quinlin, 1:39 p.m., December 5, 118th Street, Suite 200, taken before Chris A. Certified Shorthand Public of the State of Iowa, 2014, Des Reporter and Notary commencing at at 1820 NW Moines, Towa. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 12 12 13 14 15 16 aq 18 19 20 21 22 23 24 25 eq Plaintiffé by: Also present: (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) APPEARANCES Attorney at Law ROKANNE CONLIN & ASSOCIATES 319 Seventh Street Suite 600 : Des Moines, IA 50309 (515) 283-1111 Defendants by: GEORGE A. LaMARCA Attorney at Law LaMARCA LAW GROUP 1820 NW 118th Street Suite 200 Des Moines, IA 50325 (515) 225-2600 State of Towa by: JEFFREY C. PETERZALEK Assistant Attorney General 1305 East Walnut Street Second Floor Des Moines, IA $0319 (515) 281-4213 Videographer: AMY COOPER (via telephone} HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-4910 ROKANNE BARTON CONLIN CHRISTOPHER J. GODFREYa4 15 16 17 18 19 20 22 23 24 25 _€q (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) pselee ee eS Examination by: Page Ms. Conlin Mr. LaMarca 116 Exhibit ked 103 47 104 80 HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-4910210 a 12 13 14 15 16 17 18 is 20 2L 22 23 24 25 eq (VIDEO DEPO O¥ TIMOTHY JOHN ALBRECHT) 7 PROCEEDINGS THE VIDEOGRAPHER: On the record beginning the videotaped deposition of Tim Albrecht requested by the plaintiff in the matter of Christopher J. Godfrey, Plaintiff, versus State of Iowa, Terry Branstad, et al., Defendants, in the Iowa District Court for Polk County, Case Number LACL124195. Today's date is December Sth, 2014, and the approximate time is 1339. This deposition is being held in the offices of the LaMarca Law Group, 1820 Northwest 118th Street, Suite 200, Clive, Iowa. My name is Amy Cooper, certified legal videographer, of Fidelity Video Services, Incorporated, West Des Moines, Towa. Counsel will please identity themselves for the record. MS. CONLIN: Roxanne Conlin on behalf of the plaintiff. MR. LaMARCA: George LaMarca on behalf of all of the defendants. MS. CONLIN: Jefe. MR. PETERZALEK: Jeff Peterzalek, assistant attorney general, on behalf of the HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 an 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) s state of Iowa. THE VIDEOGRAPHER: The oath will now be administered by Chris Quinlin, certified shorthand reporter, of Huney-Vaughn Court Reporters, Des Moines, Towa. TIMOTHY JOHN ALBRECHT called as a witness, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. CONLI @. Tell us your name, please. A. Timothy John Albrecht. @. Mr. Albrecht, where do you live? AL I live in Towa. @. Your date of birth? aA. @. What is your current position? A. I am the director at @. What is that? A. That's an online marketing firm that assists candidates and causes with websites, web videos, and web advertisements. Q Is it A. Yes. One word. Q. Okay. All right. Did you work for a HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1. 12 13 14 15 16 17 18 19 20 21 22 23 24 cq (VIDEO DERO OF TIMOTHY JOHN ALBRECHT) 6 period of t ime for Terry Branstad? A. Yes. @. Can you tell me the dates of your employment? A. I started on November 2nd, 2009, with Terry Branstad's campaign, and I finished in December of 2013 in the administration. Q. Okay. A. So I joined the administration when he was inaugurated in January of 2011. Q. What was your position during the campaign? A. I was communications director. @. And what was your position during the administration? a I was communications director Q. All right. Have you had a chance to visit with your attorney? N 1 have. @. Are there any factors which would make it difficult for you to focus and to provide clear and complete answers? A. No. Q. Are you taking any kind of medication? AL No. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 qs 16 v7 18 19 20 2a 22 23 24 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) a @. Given the fact that you've had an opportunity to talk to Mr. LaMarca, I'm sure that he has told you about the rules that we follow in depositions, but let me remind you that the rules are, number one, please let me complete my question before you begin your answer, and I will try to do the same. Also, please answer questions orally rather than nodding or saying “uh-huh” or uh-uh," because that looks quite the same on the record. And finally, if I ask you a question that you don't understand, rather than answering it, ask me for clarification. Will you do those things? AL Yes. @. And if you answer my questions, is it fair that I assume that you've understood them? AL Yes Q. Have you ever had your deposition taken before? AL No. Q. Have you reviewed any documents in connection with this deposition? A. I have reviewed Yes. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491013 14 15 16 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 8 Q. What have you reviewed? A, The documents that I submitted for the case, the interrogatory. 2. he most recent answer to Interrogatory 42 AL Yes. Yes. Q. All right. A. I reviewed those documents Q. Anything else? A. I've reviewed some documents provided by my attorney. Q. What documents? A. Documents that would pertain to the case. Specifically documents that you had put together with some of my quotes and some releases or news stories. Q. All right. Have you had a chance to review any of the depositions that we've already taken? ACeHINe! @. Have you talked to anyone aside from your attorney? A. No. 2 Do you use e-mail? A, I do HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 a 12 13 14 15 16 7 18 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 7 @. And when you were with the governor's administration, did you use e-mail? moetenadids @. What was -- I know your formal address. Did you have any other e-mail addresses when you were with the governor's office? A. Thad -- Yes. Q. What were they? A. Thad Thad and I had Q. And did you use any of those e-mail addresses for anything having to do with Chris Godfrey? A. No. @. Do you use or did you use social media? AL Yes. Q. What social media do you ~~ Let's talk about during the administration. What social media did you use during the -~ during the administration? A. Facebook and Twitter. @. Okay. And what was the Twitter handle? aA. ©. Okay. Any other Twitter accounts that HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1. 12 14 15 a7 18 1s cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) ao you posted with? A. I posted on behalf of the governor's Twitter account, which would be Q. Okay. A. And maybe on behalf o the lieutenant governor as well. Q. And that would be A. I believe. Q. A. ited posting for her. Q. address was used on Facebook? A. My personal address, which I believe is and then the governor's, which would be And again, maybe limited use of lieutenant governor's, which would be Q How often would you use -- Let me ask you this. Instagram? LinkedIn? Any of those accounts? A. I don't -- I don't believe I used Instagram at that time. Certainly not as a part of the office. It would have been a personal account. And I don't know the address to that HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1 12 13 14 15 16 wz 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) um offhand. And then I was on LinkedIn, yes. Q on == A. Linkedin. Q. And I don't do Linkedin, so I'm not too clear on -- on how -- Do you open an account there and other people -- A. Yeah. You can connect with other people. [t's a professional connecting service. I didn't use it very often either, so -- @. I have an account. And periodically 1 get e-mails from people who want to connect with me, which I just ignore, because I don't know how to do it. Were you in that category, or did you know how to do it? A. Yeah, I knew how to do it. And basically if anyone -- most times I would connect on LinkedIn just because I viewed it as a professional opportunity. Q. The -- The Facebook pages that you have described for me, were those fan pages or friend pages? A. Mine -- My personal page is a friend page. The governor and lieutenant governor's HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 1s 16 a7 18 19 20 au 22 23 24 25 ©q (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 32 would be fan pages. Q. Did you post anything on social media that had anything to do with Chris Godfrey, workers' compensation, or this case? A. Not that I'm aware of, no. @. Okay. Have you given me all the e-mail addresses which you can receive e-mails from or send e-mails from? A. One other would be which is an LLC I started prior to the administration. But I don't use that very often. @. All right. On your personal e-mail accounts did you e-mail anything about Chris Godfrey, workers’ compensation, or this lawsuit? A. No. @. Did -- Do -- Do all of the e-mails and postings that you do go through the state servers? A. Can you rephrase that question, please? Q. I want to know whether or not there are other servers, not state servers, that your e-mail goes through. A. Not -- To my knowledge, not my state e-mail, no. The gmail e-mail would obviously go HUNEY-VAUGHN COURT REPORTERS, LTD (515) 288-491010 aa 12 13 14 15 16 ay 18 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 13 through a Google server, I would presume. @. Okay. Do you own or use any other servers or communications systems on which you may have mentioned Chris Godfrey, workers’ compensation, or this lawsuit? AL No. Q. What kind of a phone do you use? A. I have -- For the ~~ The state provided me a BlackBerry for the first couple of years and then an Apple iPhone the final year. @. Okay. When you were working for the campaign, what kind of a cell phone did you have? A. I don't remember. Q. Okay. A. Tt was my personal cell phone. @. Was it -- Was it a smartphone? A. Yes, it would have been. Yes. @. All right. Do you -- Did you use while you were with the administration your BlackBerry and your iPhone to send and receive e-mail messages? ACH ase @. Do all of your electronic communication devices comply with state document retention HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-4910w 16 V7 18 20 21 22 23 24 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) u policies? A. Can -- I -- T don't know. Q@- All right, Let me -~ Let me ask you this. The cell -~ The two cell phones, the BlackBerry and the iPhone, those were state provided? A. That's correct. @. Okay. Did you have any other electronic communication devices? A. I would have had a laptop computer, and the final year I had an iPad. Q. Also provided by the state? A. That's correct. Q. And in terms of those electronic devices, did they all go through the state servers? A. To my knowledge, yes. @. Do you know, did you -- Do you -- Do you text? Alanna? Q. How are text messages saved? A. Well, they'd be saved to the device. @. Are they backed up in some fashion? A. I don't know. | Do they go through the state servers? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1. 12 13 14 16 17 18 1g 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 15 A. I don't know. @. Well, the governor said that you were his -- you knew a lot about IT, but that may be relatively speaking. Do you consider yourself someone who knows a lot about IT? AL Define "rT." Q. Well, IT, intellectual property Electronic communication, electronic communication devices, and the like. AL Yes. Q. Okay, Let me ask -- see if I can ask sort of a generalized question. To your knowledge, are all the communications that you have had, including text messages, backed up and saved if they had anything to do with Chris Godfrey, workers’ compensation, or this lawsuit? AL Yes. Q. All right. But I'm still concerned about the text messages. Do they go through the state servers? A. I don't know. 1 just ~- That's something that's never been asked of me before. @. Okay. Aside from saving them on the HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-49101 12 14 15 16 17 18 19 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 7 device, is there any other way that they are saved? A I don't know. 2 Are you aware that there is and has been a litigation hold on all messages having to do with this = this case? A. Yes. Q. Okay. The Do you consider your BlackBerry that you had, was that a smartphone? A Yes. @. what kind of a BlackBerry was it? A. I don't know. @. Okay. Was it a relatively recent model, or do you -- do you know? A. Yes, it would have been a recent model, I believe. Q. Did you use that to communicate with the governor? A. Via the phone function, yes. Q. Okay. Did you ever send any e-mail to the governor or to someone to give te the governor? I would have sent e-mails to staffers on the road with him, yes. Q. Okay. Do ~~ Okay. I'ma little HUNEY-VAUGHN COURT REPORTERS, LTD (515) 288-491010 a 12 13 14 15 16 a7 18 1g 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) aad confused by how the governor would see the e-mail. Would the e-mail come to his smartphone and some ~-- he'd hand it to somebody else and they would show it to him, or do you have any idea how that would work? A It would be if a staffer -- I knew a staffer was with him, then I would have gotten the. e-mail to that staffer, who would have then showed it to the governor. Q. All right. And what if you did not know the staffer who was with the governor? A. I would look on the schedule to find out. Or most often I would call the governor and read any release to him over the phone. Q. All right. With every release that you sent, would you check with the governor before you produced that press release? AL I would check with the governor if he was quoted in the press release. If they were other press releases, I would likely check with Jef£ Boeyink. Q. Okay. If -- Let me be sure I understand what you're telling me Any press release for which you were responsible you would check with the HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qi 12 13 14 15 16 a7 18 19 20 21 22 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 18 governor if the -- if you quoted the governor. A. Correct. @. If you did not quote the governor, you ££? would run it by the chief of s ther the governor or the chief of staff. Q. All right. A. Depending on the issue in the release. All right. What organizations do you belong to or have you belonged to for the last ten years? A. I belong to my church. I'ma registered though I don't believe I've been involved in the party for ten years in any sort of capacity. I'm not aware of other groups that I currently belong to. Q. Or that you have belonged to in the last ten years? A. Or that I have -- I have belonged to. I don't -- @. No socially conservative groups like Values Voter or The Family Leader or any groups like that? A. No. = -~ I would never say that I HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 qL 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 1s belonged to any of those groups, no. @. All right. Do you communicate with those groups? A, I-- 1 -+ I have. Q. Okay. That's not -- Let me see if T can do this better. Do you -- Are you on their mailing list? Do you receive materials from them? a materials from the I got on their newsletter somewhere-along the way. I'm on a number of political e-mail newsletters. Q. Okay. When you say you're not a member of like The Family Leader, I'ma little unclear what it means to be a member. Do you know, by chance, or not? A. I don't. Q. All right. A. I just know I'm not one, Q. Is that a group that you have spoken to or that you have interacted with while you were the communications director for the governor? A. On a =~ I have not spoken to that group. And any interaction would have been very HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 11 12 13 18 16 18 19 20 21 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 20 limited, like a hello in the hallway. @. Do you believe that being gay is a choice? A. No. @. Do you believe that a person who is homosexual can be changed inte a heterosexual by medication? AL No. Q. Do you believe that a person who is homosexual can be changed into heterosexual by psychological or psychiatric counseling? A. No. Q. Do you believe that a person who is homosexual can be changed into a heterosexual by prayer? AL No. Q. Do you believe that being -- that one's sexual orientation is immutable? A. Define “immutable,” please. Q. Unchangeable. A. Yes. Q. During your work for the governor during his campaign -- Let me see if I can separate you from the governor. The governor's position, as I HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 15 16 aq 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 21 understand it, was that he wanted the people of Towa to vote on a constitutional amendment defining marriage. Is that a correct understanding of the governor's position? AL Yes. @. All right. What was your position? A, I did not share that position. @. What position did you have? A, I believe that the Varnum case had settled this issue. Q@. All right. During the campaign or at any time before the campaign have you opposed amending the Towa Civil Rights Act to include a prohibition against discrimination on the basis of sexual orientation? A. Can you repeat that question, please? It wasn't clear to me. Q. She can read it back to you. (Requested portion of the record was read.) A. I do not believe people should be discriminated against based on sexual orientation. 2 Okay. Do you Do you know the act that I'm talking about? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 16 V7 18 1g eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 22 A. I don't. Q. It was in 2007. The towa Civil Rights Act was amended in 2007 -- A. Okay. Q. =~ to include as a prohibited factor sexual orientation. I'm just wondering whether or‘not you ever took a position on that. A. No. I don't believe that people should be discriminated against based on their sexual orientation. Q@. Have you ever used the word "fag" or "faggot"? AL No. @. Have you ever used the word "queer"? A. No. Q. "Homo"? A. Wo Q. Only in my son's storybooks. Q. Okay. Tinkerbell. A. Again -- Q. No. No. No. No. I'm asking you if Tinkerbell is a kind of fairy that you may have referred to. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qn 12 13 14 15 16 7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 23 A. Oh. Oh. Possibly: @. Okay. Do -- Have you ever said ~~ A. I mean, let me amend that. @. All right. A. If you're referring to it in the storybook sense, then yes. But otherwise I do not use that term, no. @. All right. What -- What I'm -- What T was asking you was whether or not you had used the word "fairy" to refer to a person who is male and homosexual. ASaceiNor @. All right. Have you ever used the exclamation “That is so gay"? AL No. Q. Have you used any other pejorative word to refer to people who are homosexual? A. No. @. Is it derogatory for someone to say "That's so gay"? A. I believe it is, yes. @. Do you believe all of the words that T have given to you are, in fact, derogatory terms? A. I believe they are, yes. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 ql 12 13 14 16 17 18 1g 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) bi Do De you agree or disagree with the varnum case? I do not have a position on the case itself. I believe it is -- has settled the issue, but I don't know enough to take a position on how it was handled or decided. Q. Have you read the opinion? AL No. @. Did you take a position on whether or not to retain the judges who decided varnum case? A, I took a private position in the voting booth. Q@. I don't want to ask you about that, but did you -- did you take any public position or make any comments with respect to it? A. I did not. Q. Besides Chris Godfrey, do you know o. ether people holding gubernatorial appointments who are homosexual? AL Yes. 2. aA @. Aside from who lives in do you know of anyone else HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 1s 16 a7 18 1g 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 25 appointed by the governor who is gay? AL No. @. Any department heads who are gay? A. Not that I'm aware of. @. Okay. Any people appointed to boards and commissions who are members of the LGBT community? And let me go back and say that's what I meant and should have said in connection with the other questions. A. Okay. Q. Both -- who are lesbian, A. I'm not Q. To your Both people who are gay, people bisexual, or transgender. aware of any. knowledge, has Governor Branstad appointed any members of the LGBT community to any job? AL Yes. Q. Besides A, Not that I'm aware of. Now, if I were given a list of names, could I identify some? Possibly. But this is not something that's ever come up as a topic of conversation. @. Do you know individuals who are HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 a4 15 16 17 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 26 gubernatorial appointments, members of board or commissions or department heads who are gay? Possibly. I don't have a list of all the people who have been appointed to boards and commissions, but I may know some people who are on there if given a list. But it's never been pointed out to me specifically or that I can recall. Q@. All right. Did come from and go to when appointed by the governor, or was he already in A. He was already in Q. What was he doing there? Do you know? A. He went there with the administration, In terms of what specific job he had there, I don't know. Q. Do you. know whether or not the governor retained anyone in -- as head of a department or a division or on a board ox commission who is a member of the LGBT community? Not specifically, no. When the governor ran for office and you were his communications director, did were there position papers or white papers or HONEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 an 42 13 14 1s 16 17 18 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) ad anything like that that you know of? A, There were -- We put together a booklet of issues for the editorial boards that we visited. Q. Okay. What did you call that? A. I don't remember. I think we labeled it maybe "Jobs for Iowa," some -- something like that. Something similar. Or "A Plan for Towa. I don't recall specifically. @. Do you know where one of those might be? A, I don't. I might have one in my files. @. All right. And this was a document put together for editorial boards? A. Yes. And what it was is it was all the governor's policy proposals that he had released throughout the course of the campaign packaged into one document that could be easily shared with editorial boards. @. All right. These are the exhibits that we're going to be referring to. AL Okay. @. Tf you would look -- They're -- They're, I think, in numerical order. And the first one T want to discuss with you is 77. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qa 12 13 14 1s 16 aq 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 28 A. Okay. Q. This is an article quoting Senator Guth. Did you -- Did you see this at about the time that it -- that Senator Guth made these remarks? A. I would have seen this at the time, yes. Q. All right. He said that "There are ‘numerous' health.and mental problems associated with homosexuality that ‘ultimately' shorten the lives of gays and lesbians.” Do you agree ox disagree with that? A. I disagree with Senator Guth's statements. Q. "There are" He also says "There are health risks that my family incurs because the -~ because of the increase of sexually transmitted infections that this lifestyle invites. For example, there are. more and more medical tests required before giving blood or giving birth." Do you agree or disagree with that? A: I disagree with Senator Guth's HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 29 characterization. Q. He also goes on to say that "'Many civilizations have fallen' because the traditional family was not protected and he argued that the homosexual lifestyle ‘is a liew™ I can separate those if you want, but tell me whether you -- if you can, whether you agree or disagree with that. A. I disagree with Senator Guth's statements. Q. He goes on to say "Simply put, it saves lives to have honest communication not only about the sexually transmitted diseases that shorten lifespans but also about the deep loneliness that accompanies a life based on youth, beauty, and sex." Do you agree or disagree with that? A. I disagree. @. And he also argued that homosexuality, like secondhand smoke, is @ danger to heterosexuals. Do you agree or disagree with that? RA. I disagree with that HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-4910cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 30 Is the position that you're taking in this deposition with respect to the immutability of homosexuality and the attitude -- the attitudes that you've expressed, is that new, or have you always had that position? A. I've held these positions for a very long time. All right, Turn, if you would, to 78, which is the Republican platform. AL Yes. @. Did you have anything to do with the drafting of - this is the current Republican platform? AL No 2. Te It says on the second page "We support an amendment to both the U.S. and the Towa Constitutions defining and supporting the honored institution of marriage as the legal union between one natural man and one natural woman. Do you agree or disagree with that? A. I disagree with that. Q. Do you -~ Do you -- Do you agree that there are stereotypes that exist in society of HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 a. 12 13 14 15 16 17 18 1g 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 3a people whe are gay? A. Can you explain what you mean by that question, please? @. Well, do you know what a stereotype is? A. Explain what a stereotype is. Q. You don't know what a stereotype is? A. I think I know what a stereotype is, but I want to make sure -~ Q. Give me your definition. A, It would be a commonly held belief based on assumptions that aren't necessarily true. @. All right. Accepting that definition, do you think that there are such stereotypes with respect to the LGBT community? A. I believe certain people do hold stereotypes, yes. @. Can you tell me what some of them are? A. I would think that the items that Senator Guth posed would be some, yes. But in terms of other stereotypes, I -~ I can't characterize what those might be. Q. All right. Look, if you would, at Exhibit 72. A. Okay. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1 12 13 44 15 16 a7 18 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 32 Q. Okay. That is a recording -- not a recording, but this sets out some of the things that the governor said during the course of the campaign. Do you -- Do you remember this interview that he gave to the - to Mr. Dorman? A. I recall this interview, yes. @. Is your position with respect to issues affecting the rights of gay people different from the governor's? Let me - Let me -- Let me ask that question again, because I think we have established that you have a different position on Varnum. Aside from your different position from the governor on Varnum, are there any other issues that you and he disagree with with respect to the rights. of the LGBT community? MR. LaMARCA: I'm going to object to that question as compound, argumentative. And the governor has testified fully and answered all of your questions on his position with respect to Varnum. It's a very complex issue with many legal technicalities. and for you to HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491019 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) Seed suggest that there is any difference or any substantive difference in a meaningful evidentiary form is -~ is wrong, and I object to the characterization and the form of that question. Q. Mr. Albrecht, I don't mean to misrepresent what you've told me. MR. LaMARCA: Why don't you just ask him what his views are in Varnum just like you asked the governor. MS. CONLIN: I have. MR. LaMARCA: That would be the fair way to do it. MS. CONLIN: I have done that. Now I want to ask him a different question. @. And the different question is, do you have a different position than the governor does on Varnum? A, With -- Well -- Q. I'm sorry to shout at you. AL No. Q. Tk is George that I'm actually shouting at. A. And as I understand this, the governor believes that the decision handed down by HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 a 12 13 14 15 16 17 18 1g 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 34 Varnum -- he is -- abides by that decision and believes that he as governor needs to abide by that decision. In that regard, I do agree with the governor, yes. Q@. Okay. In regard to whether or not the matter should be submitted to a vote of the people, do you agree or disagree with him? A. I disagree with the governor. MS. CONLIN: Okay. See that? I wasn't wrong. @. Now, let's talk about other issues affecting the rights of the LGBT community. Are there any other such issues that you disagree with the governor about? A. Not that I'm aware of. Q. Okay. A, But. I don't -- I don't know what specifically you'd be referring to. Q. All right. Well, let's look at this exhibit, which is Exhibit 72. AL Yes. Q. After this radio program aired, the Tuesday after that you are said to have issued a statement. And I'm on page 4 of 5. Okay. HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 ey 12 13 44 15 16 17 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 35 Q. Okay? And the statement is "Governor Branstad supports marriage as only between one man and one woman and believes the people of Towa should have the opportunity to vote on an issue of such importance, as -- as they have in 31 other states.” Now, would that be something that you checked with him about before you issued it, or were you already familiar with his position on this issue? A. ‘That could have -- Either of those scenarios are entirely possible. Either way I would have ensured that I had the governor's proper position before I issued that on his behalf. @. All right. It goes on to say “Any adoption should be in the interest of the family and child and we have provisions within the law that provide for this. It is vital that every child has only the very best, safe, reliable, and nurturing environment that society can provide. The governor believes that only in very rare circumstances could this standard be met by same-sex adoption." Did you check that statement with HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491014 15 16 17 18 19 a1 22 23 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 36 the governor? A. I would have made sure that this was the governor's position before issuing this statement, yes. Q. Does that agree or disagree wi h your personal position? That disagrees with my personal position. Q. "The governor believes that the professionals within the adoption agencies are best equipped to determine which homes offer the care and support for the child." Oh, let me start over again The - The press relea se goes on to say, and I quote, "The governor does not believe in state-sanctioned civil unions, but if an entity wishes to do so on their own accord, they have that right." Did you check and make sure that that was, in fact, the governor's position? A. I would have, yes. Q. All right. Is that also the. lieutenant governor's position, to your knowledge? A. I believe that mirrored her position, but specifically I was not speaking on her HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 aL 12 13 14 15 16 17 18 1g 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 37 behalf, so I do not know. @. Did the governor explain why it would be rare for two men or two women to provide a safe, reliable, and nurturing environment to a child? A. Not that I recall. @. Did you ever ask him why he held such a belief? A. No. My responsibility as communications director was to convey the governor's position on issues, And that's what I did. Q. Did the governor provide you with any material or research on his position om gay adoption? AL No. Q. Did you exchange any e-mails with the governor or text messages or phone calls ~ AL No. Q. on this issue? Were there any position papers that dealt with this issue? A. Not that I'm aware of, no. Q. Were there -- Was there anything in this booklet called Jobs or Plans For Towa that HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-4910210 1 12 13 14 15 16 17 18 19 20 a1 22 23 24 25 ca (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 38 dealt with any issues having to do with the rights of gay people? . Not that I'm aware of, no. Actually, no, there was not. Q. All right. How would you know his exact position if it wasn't written down anywhere? By speaking with him and writing it down myself. All right. Did you take notes when you spoke with him? I would have. And it would have either been speaking with him or speaking with Jeff Boeyink or both. Because when conveying the governor's position on issues, if the governor was unavailable, I would have checked with Jeff Boeyink or it could have been both of them. And I would have offered this as the governor's position after he told me. @. All right. Do you believe that permitting people of the same sex to marry has in any way hurt Towa? No. Q Do you believe that it has in any way interfered with the rights of heterosexuals? HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 11 12 13 14 15 16 a7 18 19 20 a1 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) ae AL Wo. @. According to the answer to Interrogatory Number 4, page 105 -- And that is not your answer. I have copies of your answer. And I might have copies of this, but let me just share it with you. “At some point Brenna Findley would have briefed Timothy Albrecht, communications director to the governor, on the governor's assessment of Mr. Godfrey's performance." Do you recall if that happened? A. That -- I don't recall a specific briefing, but Brenna Findley would have -- 1 don't recall a specific briefing on -- on the issue. I'd need to have more information before I answered that question. Q. Okay. Well, I'm trying to get information from you -~ A. Okay. @. =~ about what -- what conversations you had with Brenna Findley about Chris Godfrey. A. Brenna would have been a part of the conversation I had with Jeff Boeyink ahead of an interview in July of 2011. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 11 12 13 14 15 16 17 18 1g 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 40 Q. Okay. Was that before or after Chris Godfrey's salary was lowered? A. After. Q@. All right. And so before July 11th, and that is the date on which that happened -- before July llth of 2011 would you have had any conversations with Brenna Findley, Jeff Boeyink, the governor, or anyone else about Chris Godfrey? AL No. Q. Did you have any information about his performance as workers' compensation commissioner? A. No. Q. Did you know he was gay? AL No. Q. After the salary was lowered, what were you told about why it was lowered? A. I learned of the salary being lowered by Sonya Heitshusen of WHO TV, who called to say that Mr. Godfrey was accusing the governor of extortion, among possibly other things, but to just characterize the phone conversation, because his salary had been lowered. That was the first I had learned that his salary had been HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 aL 12 13 14 15 16 17 18 19 20 21 22 23 24 2s cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) aL lowered. So I immediately went to Jeff Boeyink. I agreed to the interview because I always like to talk to the press on behalf of the governor's office. He's made openness and transparency a cornerstone, and so I wanted to, you know, get what had actually occurred in order to set the record straight for the interview. And I went to Jeff Boeyink's office and I said "Sonya Heitshusen has called. She said this occurred. What am I to tell her as ty response?" Q. Okay. What did he say? A. Jeff Boeyink told -- We walked over to Brenna's doorway, as the governor's legal counsel. 1 think Jeff wanted to make sure that what he said and ~~ was accurate and that she would concur. And he said that the salary of Chris Godfrey was lowered because of his performance in his job. Q. All right. Did -- Do you remember anything else about the conversation that you had with Brenna Findley after his salary was HUNEY-VAUGHN COURT REPORTERS, LTD (515) 288-491010 a1 12 13 14 15 16 a7 18 1g 20 21 22 23 24 28 @q (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) a2 lowered? A. Not specifically with Brenna Findley. But if you're talking -- Are you talking about the conversation with Jeff Boeyink and Brenna Findley? Q@. Fine. A. Jeff also said that Senator Dotzler had contacted him and, in essence, had said this occurred because Mr. Godfrey was gay. Jeff then told me that that was not the case, that and he the governor didn't even know and Ms. Findley didn't even know that he was gay, but this was a result of his performance and that the governor had the constitutional authority to determine Chris Godfrey's salary in that position as granted to him by the legislature and that this was within his legal authority to do so. So that is -~ at that point, then, I had the information I needed, and I waited a few minutes for Sonya Heitshusen to arrive, and I addressed her press inquiries, possibly others, if there were any that day. Jeff Boeyink mentioned Senator Dotzler's comments because I was going to do an on-camera interview and he did not -- he wanted HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 lL 12 13 14 15 16 17 18 19 20 21 22 23 24a 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) <7 to ensure that I had all the information at his disposal prior to going on camera in case I was asked that question. Because obviously if that charge had been made, there was a possibility. And it wouldn't be uncommon for Jeff to that. Had Senator Dotzler not said that, had I not been contacted by the media, I never would have ~~ 1 would not have known about the salary decrease and I wouldn't have talked to the media about it. @. Okay. When you had your conversation with Mr. Boeyink and Ms. Findley, this was on the llth of July, the very same day that his salary was reduced, or was it the next day, or do you know? A. 1 -- I don't know for sure. Whatever day I talked to WHO TV, If that lines up to the day ~~ It's certainly the day that 1 learned of it. And that's when I had the conversation with Jefe and Brenna. Q All right. In your conversation with Jeff and Brenna, as I understand it, Jeff told you that he did not know that Chris Godfrey was gay: is that correct? A. That's correct. He told me that. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a1 12 14 15 16 17 18 ig cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) aa 2 Did Brenna tell you that she did not know that Chris Godfrey was gay? I don't recall specifically if Brenna said that. Okay. Did Brenna mention a blog post that she had seen on or about July 8th? A. Not that I recall, no. Oh, I'm sorry. 1 need -~ I got this out of order Who, if you know, ordered the destruction of all e-mails sent during the campaign? A, 1 don't know that. @. Okay. A. And would -- I don't know that they were destroyed. I should also point that out. That's just not something I'm aware of. @. Would there be any reason that you can think of to destroy them? A. I would not have any reason. Q. Okay. Were you aware at the time that this came up that Chris Godfrey was serving a six-year term as workers’ compensation commissioner? A. No, I was not. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1 12 13 14 15 16 a7 18 1s 20 al 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 45 @. Okay. And you had no communication with anyone about Chris Godfrey prior to July llth or 12th, 20117 A. Not that I'm aware of. I don't believe Q. And that would - Did you ever hear his name? Did you know his name? A I believe I had heard his name as the management exercise where the governor asks everyone to resign, as part of, you know, everyone who is asked to step down. But in terms of the context or anything like that, no. He would have just been a name in the names that resigned. @. Were you - You were -- Well, let me start again. Were you aware that he refused to resign? A. I may have been. I believe that there were a couple of names that decided not to step down, But awareness would be -- I would only be aware. I wasn’t involved in the discussions or conversations @. Do you know who Greg Egbers, E-G-B-E-R-S, is? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-4910aL 12 13 14 18 19 20 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 46 I do not. Q. And Michael Bousselot, B-0-U-S~S-E-L-0-T? A, Michael Bousselot. I do know Michael Bousselot, yes. Q. And what's his position? A. He's a policy director in the governor's office: He was a volunteer on the campaign All right. Did you ever see Chris Godfrey's CV or resume? No. @. I mean, up until today. AL No. Q. | Did you ever ask to see it? No. @. Did you ever ask to see his personnel file? No. @. His performance appraisals? A. No. That's not part of my job responsibility. @. Do you know John Gilliland? AL I do. @. We're going to talk about him a little HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 aw 12 13 a4 15 16 WwW 18 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) a7 bit more, but prior to July lith, 2011, did you have any discussion -- did Mr. Gilliland make a remark to you or were you aware of Mr. Gilliland's position with respect to Chris Godfrey? A. Not that I recall. Q. ° I'm going to show you a document that I will mark 103. (Exhibit 103 was marked for identification.) Q. Take a moment, if you would, to familiarize yourself with that document. I don't think you appear until the second page. Maybe it's the third page. Yeah. It's the last page, Mr. Albrecht. A. Of the Radio Iowa story? @. bet me know ~~ A. I read my portion of it. @. All right. This is an exchange between Teresa Wahlert, Chuck Isenhart, and also someplace in here it begins to include Mr. Boeyink, A. Okay. Q It's about Chris, and it refers to ~ the place where you appear is after Kay HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 a 12 13 14 18 16 18 19 20 2a 22 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 48 Henderson's article about "Lawyer for state accuses Branstad staff of ‘extortion.’ I'm assuming that you were aware of this at the time it was printed A. Of this article? Q. Yes. AL Yes. @. All right. On the last page, I think this is an update to the original article. It says "A spokesman for Governor Branstad says the governor asked Godfrey to resign last November, and since he refuses to do so, the governor's only recourse to express his displeasure is to cut Godfrey's salary." Who was a spokesman for Governor Branstad aside from you, if there was anyone? A. That would be me Q. Okay. You said that? A. I -- I believe, yeah. I don't know anyone else who was authorized to speak on the governor's behalf —- Q. Okay. -- than me. Q. It -- It wouldn't be Mr. Boeyink? A. No. Mr. Boeyink would not have talked HUNEY-VAUGHN COURT REPORTERS, LTD (515) 288-491010 a 12 13 14 15 16 a 18 19 20 2a 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) ag to Kay Henderson for this story. Q@. All right. Is there some reason that you were not identified or that you asked not to be identified in connection with this quote? A. No. I think this is just commonly written for news stories. They introduce "a spokesman say: and then they would say the name. So it was ~~ Q@. All right. It does say next -- A. Yeah. Q. =~ "Tim Albrecht, the governor's communications director, says Branstad believes Godfrey's job performance is adding to the costs of doing business in Towa, as in the last four years Iowa has gone from having the 45th least expensive work -- workers' comp claims in the country to the 36th. 'We believe that's. unacceptable and the governor is seeking to put in a place a different leader who would better manage Towa workers’ comp system.'" Is that an accurate quote? A. I believe so. @. All right. And it is your understanding that the workers’ compensation premiums had gone up as of July 12th, 2011; HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) au correct? A. I would not have had that information. Q@. Well, it says "from -- from having the 45th least expensive workers’ comp claims in the country to 36th." How else should I read that? A. ‘That would be the governor or Jeff Boeyink's information that was provided to me. @. All right. Was it in writing, what was provided to you? A. I believe it would have been verbalized. It could have been in writing. @. All right. Do you remember Kho gave you this information? A. I do not. Q. © Was it your understanding that the pay cut was meant to remove the commissioner? A. It was my understanding that the decrease in salary was related to the commissioner's work performance. Q. All right. Let's look at Exhibit 67, which comes directly to you from Mr. Gilliland. A. Okay. Okay. Q@. Okay. That is dated July 18th and attaches the minutes of the Workers’ HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1 12 13 14 15 16 uy 1g 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) $2 Compensation Advisory Commission. Did you ask for those minutes, or do you remember? A. 1 don't believe so. @. All right. ‘Then the one behind that -~ AL Yes. @. = dated Monday, July 11th, at 8:49 a.m, goes to Jeff Boeyink. A. Okay. Q. Did that ever come to you? A. Not that I'm -- Not that 1 recall. @. All right. Then the page that's marked CONFIDENTIAL104 ~~ AL Yeah. Q. == is from you to Kay Henderson ~~ AL Yes. Q. = attaching two files that show the 2006, 2008, and 2010 rankings for work comp premiums. A. Yes. Q@. All right. Those were attached to what you sent Kay Henderson; correct? A I don't know. Q. oh. aA. It appears -- Yes, it appears that it was. Yes. I'm sorry. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 15 16 aq 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 52 @. Okay. I'm wondering if what you sent was what appears on 102. A. don't know. @. All right. -And then on page 105 there is an e-mail from you on July 12th ~~ aA Yes. Q. == to Sonya Heitshusen. And did you have a conversation with her prior to sending her this e-mail? A. I believe the conversation would have been the interview, which I think was on the llth or 12th. This would have been just additional information to demonstrate that the governor ~~ to demonstrate why the governor chose to take this action with regard to Commissioner Godfrey's work performance. Q. All right. The -- The e-mail says "The simple fact is this cost of doing business in Towa is increasing at the very time the governor is trying to reduce the competitive barriers to new business investment and job growth." That's what you said; right? AL Yes. Q. All right. Where did you get that information? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 aL 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 53 A. Well, that would have come from Jeff Boeyink, I believe. @. All right. Do you know whether or not this cost of doing business in Iowa was increasing? A, Do I know that? igvitiivest AL No @. Do you know whether or not -- if the cost of doing business in Iowa was increasing as to workers' compensation, whether that was the responsibility or fault of the workers! compensation commissioner? A. ‘That would not be within my job responsibility to know all of the particulars. My job is to convey the governor's position on the issues and offer corroborating evidence if it exists. In this case it would have been why I shared the documents and broke them -- had them broken down into a couple of facts for the reporters in conveying the governor's position. Q@. Okay. Is it correct to understand that you convey information but you do not check the accuracy of it? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491014 15 16 18 1g 20 21 22 23 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 54 A. I convey the information. I convey the governor's position on issues. Q@. You also convey factual information sometimes as a part of that; correct? A. ‘That would be correct. Q. And is it correct also that you do not check whether or not the information that you convey is accurate information? A. My responsibility is to convey the governor's position to the media. My job responsibility is not to research every issue, as you are asserting. It is simply to share governor's sition. Because there are so many issues, so many pieces of legislation, we have a team of policy advisors who digs into that, and we have the governor who makes the ultimate decision. Once all of that occurs, I share the information with the media who. asks. Q@. Okay. In this e-mail -- A. Yes. 2 -- that is on page 105 of Exhibit 67 you say "The simple fact is this cost of doing business in Iowa is increasing." Is that a fact? HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 1 12 13 14 15 16 7 18 19 20 a1 22 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) ae A That is the governor's position. Q. Well, it says it's a fact. Do you see where it says "The simple fact"? A. I do see that. @. All right. So is it not a fact? A. If that is what the governor says is occurring, that is what I'm going to share with the reporters. @. Did the governor say "The simple fact is this cost of doing business in Iowa is increasing"? A. That is the governor's position. Q. Okay. A. Now, the governor researched this, Jeff Boeyink researched this, his policy advisors may have researched this. That's not my responsibility. My responsibility is to convey the governor's position and what the governor -- where the governor stands on issues such as this. Q. All right. The next bunch of documents is pretty confusing, so -~ A. Sure. Q@. == let's -~ because it goes back and forth in terms of dates. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qn 12 13 14 4s 16 a7 18 19 20 a1 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 56 - Okay. Q. That's what I'm referring to. AL Okay. @. Unlike most such documents, it is not true that it starts at the back and moves forward. A. Okay. Q@.. It -- It goes back and forth. And so this next page has a - Let's see where it might start. I think it might start at the bottom of page 107. A. Okay. Q. And this is a press release sent to you or to the governor's office, apparently, or to someone -- maybe sent -~ I see. I think it's sent by Jason Clayworth to you. A. Jason Clayworth received it from the Iowa Democratic party. He forwarded it to Jeff Boeyink. As the spokesperson, Jeff would have then shared it with me. Okay. I got it. So let's start with Jason -- . Yes. Q. == Clayworth's e-mail to you of July 13th at 11:01 a.m. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) ae AL Okay. MR. LaMARCA: ¥or the record, can we just identify him as a Des Moines Register reporter? MS. CONLIN: Yes. Q. And he quotes Mike Ralston. Do you know who Mike Ralston is? ALT do. Q And Mr. Ralston, what position did he have at the time? A, I believe he was -~ he was a high-ranking official at the Iowa Association of Business and Industry. Q. Okay. And let me tell you that the -- that what is at issue here is the comments on a radio talk show on July 12th where Mr. -- Governor Branstad told the caller -- when asked about decreasing Chris Godfrey's salary, he said "'Talk to the Iowa Association of Business and Industry. They are the ones that encouraged me to make a change there.' Godfrey was asked to resign from the" -- oh, I'm sorry -~ "change there." AL Okay. Q. That's what is at issue. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 aa 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 58 So he -- Clayworth says to you "Mike Ralston," the ~~ the head of the ABI, "says he is not aware of any specific ABI staff talking about this issue and that his group has not voted to take a stand for or against Mr. Godfrey remaining in that position.” Were you aware of that before you got this e-mail? A. Aware of what? Q. That Mike Ralston says the ABI staff was not talking about the issue and the group has not voted to take a stand for or against Mr. Godfrey. A. I believe this is a part of the e-mail that I received. Q. Okay. Well =- A. But staff and ABI members are completely different things. @ Okay. This, I think -- MR. LaMARCi : Were you finished? I'm sorry, were you finished? A. Well, what I was going to say is it says here that Mike Ralston is not aware of any specific ABI staff, but ABI has many, many members that are small businesses in Iowa. HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 at 12 13 14 15 16 17 18 19 20 21 22 23 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 59 @. And large businesses. A, And large businesses in Towa. so they're not mutually exclusive. @. okay. He also says his group has not voted to take a stand for or against Mr. Godfrey. Do you see that, that section of the article? A. I do see that. Q@. All right. Then I think this is what happened. Mr. -~ It was sent -- Clayworth's statement is sent to Jeff Boeyink. A. Um-hum. @. And Mz. Boeyink sends it to you. Would that be a correct understanding? A. That's my understanding. Q. Okay. And then you respond to Mr. Clayworth; correct? AL Yes Q@. All right. A. As the governor's spokesperson. MS. CONLIN: Let's go off the record for a moment so the tape can be changed and then we'll come back to this issue in Exhibit 67. THE VIDEOGRAPHER: Off the record HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 at 12 13 14 1s 16 17 18 1g 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 60 ending Tape 1 at 1440. (A recess was taken.) THE VIDEOGRAPHER: On the record beginning Tape 2 at 1451. Q. Okay. Back to Exhibit 67, page 106. This is from you to Mr. Clayworth. And it says, “Jason ~ Please use my following answer to your below query to Jeff. ‘The governor has heard from a number of business owners, many of whom belong to the Iowa Association of Business and Industry, who were extremely concerned with Mr. Godfrey's job performance, particularly with regard to rising costs associated with workers' compensation premiums. '" Where does that information come from? A. Well, that would be from talking with both Jeff Boeyink and Governor Branstad, that he heard from a number of business owners that belong to the Association of Business and Industry. Our office heard from John Gilliland, which you had pointed out before, who is a staffer with the Association of Business and Industry. And many of whom had expressed that Mr. Godfrey's job performance was directly HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 al 12 13 14 15 16 17 18 19 20 a1 22 23 24 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) hoe resulting in the higher costs for the job creators that Governor Branstad was trying to assist in creating jobs for those out of work. Remember, the governor campaigned on creating 200,000 new jobs for Towans. And it -- it is more difficult to do so if those businesses, many of whom belonged to the Association of Business and Industry, have higher costs and are unable to then hire their fellow Iowans. Q. Okay. Did you check to see whether or not there were, in fact, rising costs associated with workers’ compensation premiums? A. That is not a part of my job responsibility. Q. Did you check with respect to whether or not any such rising costs were the fault of Chris Godfrey? A. That is not a part of my job responsibility. I checked with the governor or -- and/or with Jeff Boeyink prior to making this statement on the governor's behalf. @. You go on to say “The Towa Association of Business and Industry and its leadership never specifically made a statement or request HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qi 12 13 14 16 ay 18 1g cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 62 seeking the resignation of Mr. Godfrey. Did that inform ion also come rom the governor and Mr. Boeyink? It would have. @. Going on to say "There were discussions between the governor's office and ABI leadership that involved the increasing costs of workers’ compensation premiums and the adverse effect this was having on Iowa's employers." That came from the governor and Mr. Boeyink? A. And/or Mr. Boeyink, yes. @. And do you know whether or not -- do you know what percentage of the cost of doing business is workers' compensation premiums? A. I do not, but that would not be a par of my job responsibility to know that information. Q. You go on to say "Because he does not have the full faith and confidence of the governor, his pay was lowered to reflect his performance." That came from the governor and/or Mr. Boeyink; is that correct? A. That would be correct. That would ~ HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1. 12 13 14 13 16 a7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) A That would be a reflection of their position on this issue, yes. Q. All right. And do you know whether or not his performance had anything whatsoever to do with what you say are increasing costs? A. That was the governor's position. And therefore, that is what I conveyed to the media on his behalf. Q. De you know whether or not that's a fact? A. The governor's position is a result of information he had heard from the Towa Association of Business and Industry, and he made his decision based on those items that he was told by staff and members. Q@. Okay. Well, you just told Mr. Clayworth and we just went over the fact that the Iowa Association of Business and Industry and its leadership never specifically made a statement or request seeking the resignation of Mr. Godfrey; correct? A, I did make that statement, correct. @. Okay. I think we may have covered this. AL Okay. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 11 12 13 14 1s 16 7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 64 Q It goes back and forth, back and forth. It might not -- Let me see. Maybe not. Because I think it goes further. Yes, it, does. Okay. Let's go to 110. This is later in the day on July Page 110 of Exhibit 67? Q Yes. A. Sorry. Okay. @. Okay. This is -- This has to do with the Towa Senate news release, which is below that. And I -- Mr. -- Mr. Clayworth sends that to you also -- Yes. Q. ~~ and asks if you wanted to comment. And you send back to him at 4:44 p.m. "Mr. Godfrey's record is unmistakable, as Iowa has leapfrogged nine states in the cost of workers’ comp. With this ranking on the rise, potential jobs are being lost. Do you know whether that's true or false? A, That was the governor's position that was conveyed to me. Q. Well, one can count up the jobs being lost; right? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qa 12 13 14 15 16 17 18 19 20 21 22 23 24 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 65 A. Would you -- Can you rephrase that question, please? I'm not sure what you're asking. Q@. Potential jobs are being lost. A. Okay. Q. Would that be something you could research? A. That would not be something I would research, but that would be the information given to me that reflects what the governor is hearing from the Association of Business and Industry and its members. @. Do you understand that there's a difference between a position of ABI and remarks made by individual businesses? A. I understand that the business leaders at ABI conveyed to the governor that as a result of Mr, Godfrey's work performance, their costs were going up, and therefore they were not going to be able to hire as many Iowans to fill these jobs. I also understand that when they tell the governor that this is an issue or a problem, they then would not necessarily make a recommendation on what the governor should or HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1d 12 13 14 15 16 7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) i even can do. The governor then would look for ways to improve the business climate for those wishing to hire individuals here. Q. All right. Then this whole statement that is on page 110 from you -- aA. Yes. 2 - at 4:44, this all comes from something that either Mr. Branstad or Mr. Boeyink said to you; correct? A. That would be correct. Q. All right. And do you know -- You ~ You took no action to check to see whether or not what you are telling the press is true or false; correct? A. This statement was made on the governor's behalf as a result of what he was hearing from business owners across Iowa. Q. Okay. Well, do you know whether or not he was, in.fact, hearing it from business owners across Iowa? A. That is what the governor conveyed to me, and that is what I conveyed to the press. @. And do you know whether or not the governor checked to see whether or not what he was being told by the business owners was true HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 15 16 a7 1g 19 20 a1 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 67 ox false? A. The governor heard from Iowa business owners, and that was the proof that he needed to know there should be a change so that more jobs could be created in Iowa and fulfill his goal. 2. “With this ranking on the rise," you go -- you say, “potential jobs are being lost. Iowa business owners have expressed their frustration with Mr. Godfrey's actions that drive up their costs." Do you know whether or not Mr. Godfrey's actions did, in fact, drive up their costs? A. I do know that the governor was told by business leaders across Iowa that that was the case. @. Do you know whether or not that was true? A I know that that is what the governor was hearing from business owners across Iowa. @. Do you care whether or not that's true? A. My responsibility is to convey the governor's position, which was formulated as a result of what he heard from business owners and business leaders across Towa. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 4 15 16 17 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 68 Q. Tt goes on to say "Governor Branstad's goal is to create jobs in Iowa, and that effort is impeded when the actions of individuals such as Mr. Godfrey drive up the cost of doing business in Towa." That's what the governor told you or Mr. Boeyink told yous correct? A. That would be correct. Q. And whether or not Mr. Godfrey's actions drove up the cost of doing business in Towa is something you don't know as a fact; correct? A. ‘That would be the governor's position based on business owners that he's talked to and any research that he or Mr. Boeyink or his staff would have conducted. @. Do you - A. My responsibility -- My responsibility is to convey the governor's position on this and any other issue. @. ALl right. So you don't know whether it's a fact and you don't know whether -- you don't care whether or not it's a fact? MR. LaMARCA Wait a minute. That's compound. It's also argumentative. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 15 16 ay 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) oa Object to the form. Q. You don't Okay. I'm just trying to shorten it up. MR. LaMARCA: He's already explained several times the roles and -~ and his functions, but it's very repetitive. Asked and answered. MS. CONLIN: Are you done? Q@. All right. Can you answer the question? I can split it up if you want me to. A. I would like you to split it up, please. @. All right. You go on to say -- okay, I'm trying to find the end of the sentence -- "Governor Branstad's goal is to create jobs in Iowa, and that effort is impeded when the actions and individuals -- the actions of individuals such as Mr. Godfrey drive up the cost of doing business in Iowa. Do you know whether or not the actions of Mr. Godfrey did, in fact, drive up the cost of doing business in Towa? A. I do know that the governor was elected on the basis of creating jobs. And he does so by listening to his constituents and listening HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 ql 12 14 18 16 47 18 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 70 to job creators across the state. And I do know that he was told that the actions of Mr. Godfrey were driving up the cost of doing business, thereby making it harder to hire Iowans to 1 jobs. Q Okay. It's going to take an awfully long time if you repeat those talking points every time T ask you a question. MS. CONLIN: Would you read the question back to him, please? (Requested portion of the record was read A. I know that the governor was told by business owners across Towa that those actions were driving up the cost of doing business. Q. Not my question. My question is do you know whether that's true? A. I know that the governor was told it's true by business owners and business leaders across Iowa. Q. Every single business owner in Iowa told him that? A, Not every single business owner in Iowa ~~ HUNEY-VAUGHN COURT REPORTERS, LTD, (515) 288-491010 aL 12 13 14 1s 16 a7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) a2 Did a majority of the business owners -- -- told him that, but business owners that he heard from did tell him that and told him that was a concern. And that is something that he takes very seriously when he's speaking with Iowans traveling across the state. Q. Did he -- My responsibility is to convey the governor's position based on what he hears from these job creators in trying to reach his goal. My responsibility is not a policy researcher, @ policy analyst. That is not my responsibility. My responsibility is to convey the governor's position, which I did with this comment. Okay. MS. CONLIN: Would you read him the question back, please? (Requested portion of the record was read.) I believe you answered that question. Let me -- Let me just ask -- Let me quote it again. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 an 12 13 14 15 16 a7 18 19 20 a1 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) aot Do you know whether or not, in fact, the actions of Mr. Godfrey drove up the cost of doing business in Iowa? A. I know that the governor was told that information by the actual job creators in Iowa. @. But you don't know whether or not that was true, do you? A. Beyond that, my responsibility is only to convey the governor's position on this issue. My responsibility is not as a policy researcher, a policy analyst. That's not my function in the governor's office. Q. Well, is it of concern to you whether or not what you are transmitting on behalf of the governor is a fact or is not a fact? A. I conveyed the fact that business owners and business leaders were contacting the governor with this concern. And that is the fact that I had, and that is the governor's position, and my responsibility is to convey that to the media so that they understand where the governor stands on these issues, be it this particular issue or any issue. @. You, however, do not convey this as what business is saying to Mr. Branstad. You HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 an 12 13 14 1s 16 aw 18 19 20 a. 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) as convey as a fact that the actions of individuals such as Mr. Godfrey drive up the cost of doing business in Iowa; correct? A. That is the governor's position. That's correct. Q. Well, that is a fact. Either the cost of doing business is driven up by actions of Mr. Godfrey or ~~ or it's not. Do you know whether the cost of doing business was driven up by the actions of Mr. Godfrey? A. I know that this is what the governor believes, and I conveyed that on his behalf. Q. Did the governor conduct any surveys of businesses in Iowa to determine whether or not they all thought that or some of them or the majority? A. The governor ~~ Sure. The governor visits every county every year. He visits all 99, He meets with Towans, and he meets with business owners, and certainly they would approach him at those forums and let him know or they could contact him via our website or the phone. So the governor does get out, he does meet with Iowans, and he listens to their HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 al 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) id concerns. MS. CONLIN: Would you read it back, please? (Requested portion of the record was read.) A The governor goes out and meets with Iowans almost every day, and he visits every county every year. So if you would like to call that a survey, the governor does meet with Iowans, listen to their questions. and if there's a serious concern, he will formulate policy that addresses those concerns so that jobs can be created in Towa. @. Do you know what a survey is? A. You may define one. ‘There are a number of different ways you're able to survey people. 2 How would you go about conducting a survey? Isn't that part of your expertise? A. You could do ~~ You could do a phone survey, where you call a number of individuals. Q@ on -- A. Given -- Given the state's budget condition, that was going to be tough and that would be very expensive. You can send out mailers to survey people. That would also be HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qa 12 13 14 15 16 uy 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 18 very expensive, and you'd need to hire a firm to do it. The governor conducts his surveys essentially in person when he visits every county every year and meets with Iowans who come out to share their questions or concerns. @. Okay. The -~ No mail survey was conducted; correct? A, Not to my knowledge. 1 don't believe 80. @. No phone survey was conducted? A. Not to my knowledge. I don't believe so. @. Let's look at July 19th. Who is jowapolitics? Do you know? A. Are you still referring to the document? Q. I'm on page 115. A. Okay. MR. LaMARCA: Of which exhibit, please, for the record? MS. CONLIN: 67. A. Page 115? Q. Yes. @iowapolitics.com would be Lynn HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-49101s 16 17 18 19 20 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 76 Campbell, the reporter for iowapolitics.com. @. And is iowapolitics. -- what exactly is that? A. It was a website that was a news aggregator, shared stories and news releases, but also had original content. I don't believe it still exists. . Oh, really? A, To the best of my knowledge, 1 don't know that iowapolitics.com exists. I -- Q. All right. After - You're writing to Lynn Campbell -~ A. Yes. 2 ~ on July 19th at 9:43 a.m. And you say ~ one, two, three, four, five - in the €ifth paragraph you say "It's actually gotten more expensive to do business at a time when we need to be more competitive. Workers' comp claims have become too expensive for our job creators Do you know whether or not that's true? A. I know that reflects the position of the governor. 2 "Mr. Godfrey is exercising his right, HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 qn 12 13 14 15 16 17 18 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 7 and the governor is exercising his ability to set the pay, which was the last means we had to show our disapproval of the work being done by Godfrey.” Is that you speaking, the governor speaking, or ~~ ‘A. ‘That would be me speaking on the governor's behalf. Q. all right. A. And the governor's administration's behal£. And I'd note that this was as a result of State Representative Chuck Isenhart. And I would note that when he discusses the governor's action regarding Mr. Godfrey's pay, that is actually set by the legislature and is the authority given to the governor by the legislature. So State Representative Isenhart, while he is sending these items, he may disagree with the governor's decision, he therefore then could take action within the legislature to change that part of the Towa Code. I would just point that out since he is the one that is bringing these questions. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 11 12 13 14 15 16 qT 1g 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 78 @. Would it be easier to create jobs in Towa if workers’ compensation insurance premiums were going déwn? A. The governor heard from business owners who said it would be easier for them to create jobs in Iowa if their costs were not going up. Q. Okay. So if costs were going down, it would be easier to create jobs; correct? A. Businesses have conveyed to the governor that if they have to spend more conducting business, that they then would not have the resources to hire more individuals @. Okay. A. So I think that would be accurate to say that if businesses had more resources, they then would hire more individuals and create more products. @. So if workers’ compensation premiums were going down, let's say, by 7 percent, it would be easier for job creators to create jobs; correct? A I don't know. Q. Isn't that what you were being told? A. I was expressing the governor's position. And that is if business costs go up, HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qt 12 13 14 15 16 17 18 19 20 21 22 23 2a 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) ae then it's harder to create jobs. @. And if they go down, it's easier to create jobs? A. IE business costs go down, then businesses theoretically would have more resources. Q. It's kind of all theoretical, isn't it? A. Well, the governor was told this by business owners, so I would call it factual based on what they told him. Do you know whether or not the governor made promises about workers’ comp to the business leaders that he was talking to? I don't. Q. Or that were talking to him about Chris Godfrey? AL I don't. Q. Do you know whether or not the business leaders that were talking to him about Chris Godfrey were also donors to his campaign? I don't. Q. Do you know the names of any of the business owners that the governor was quoting to you as you wrote your press releases? I do not. HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 a 12 14 15 16 20 21 22 23 24 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 80 Q. Do you know anybody at all that he was talking with who told him that workers’ compensation premiums were going up? A. I don't know of anybody, but that's not in my job description. That isn't something that I would know. @. Okay. I want to go now to Mr. Gilliland. AL Yes. @. And -- And there's an e-mail that is Exhibit 104. (Exhibit 104 was marked for identification.) Q. Here is Exhibit 104 A. Thank you. Q. Tt is an e-mail from Mr. Gilliland to you dated July 19th at 9:34 a.m. Do you recall getting this e-mail? A. | I don't recall specifically getting this e-mail. Q. Okay. And Mr. Gilliland, what was his position with ABI at the time? A. Senior vice president. Q. Okay. Did he have some position with respect to lobbying with -- as part of his job HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 15 16 7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 82 duties? A I don't know the answer to that. Possibly. @. All right. This information came to you after the governor lowered Chris Godfrey's -- A. Correct. @. All right. Was -- Do you know whether or not this was an attempt to come up with some justification for slashing Chris Godfrey's pay? I don't know. Q. Ts Mr. Gilliland's position one in which he's paid for trying to help businesses maximize their business profits? A. I would not characterize it that way solely. Q. Well, the business of business is business; right? AL Tf that's your characterization, then okay. I'm not sure what that means. @. Is business -- Is there -~ As T understand the law of corporations understand you're not a lawyer, but do you understand that corporations are in business to make money? HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 qa 12 13 14 45 16 aq 18 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 82 I do understand that a number of laws that the legislature passes, rules that these committees put forward affect the cost of doing business and in some cases affect whether or not businesses are going to hire additional employees. And I imagine that as the senior vice president John Gilliland is in tune with what businesses go through on a daily basis and attempts to help them to ensure that their doors remain open and that they are good corporate stewards in the state of Towa. So I would not characterize Mr. Gilliland as working on behalf of ABI solely to produce more business profits, no. Q. Isn't his -- Isn't ABI as an organization of businesses an organization whose sole job is to maximize business profits? AL I'm not aware that that is their sole job, no. Q@. All right. He states, Mr. Gilliland, that "Godfrey has been a controversial and political appointment from the beginning." What is the basis for that assertion as explained to you by Mr. Gilliland? HUNEY-VAUGHN COURT REPORTERS, LTD. (S15) 288-491010 a 12 13 14 15 16 17 18 1g 20 ar 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 83 A, He did not explain that assertion. a. Do you know with whom he was controversial? Meaning Mr. Godfrey. A. I don't. Q. Are you aware that, in fact, the ABI did not oppose his appointment in 2007 and 2009? A. No, I'm not aware of that. Q Did you ever talk with Mr. Gilliland about the content of Exhibit 104? A. Not that I recall. 2 Were you aware or did you become aware at any time after July 11th, 2011, about Mr. Godfrey's background? A. Did I become aware ~~ @. Do you know -~ A. Can you define "background," please? @. Yes. His employment history. AL No. @. Do you know how many years he worked as a defense lawyer for a company known as IBP? A. No. @. Do you know that Mx. Godfrey had previously been an active member of ABI? A. No. @. Would that have made any difference to HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 15 16 7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) Ld you? MR. LaMARCA: Regarding what? MS. CONLI Regarding the positions that the governor took. A. The governor makes his positions based on his research and what he hears from business owners. It -- That would not have affected my role Q. Do you ever discuss with the governor the merits of positions that he is considering? A. Define "merits." Q@. Is this a good idea or a bad idea. A. Oh, I'll discuss with the governor how he conveys those positions, but I don't tell the governor what positions to take on issues. Q@. (I didn't say that you told him. 1 wondered if you-ever talked to him about the merits of the positions that he was considering. A. Not that I recall. But that's, again, not my job responsibility. @. Did you -~ Do you know what Mr. Gilliland was attempting to convey to you when he said that Mr. Godfrey had been a political appointment? BA. No. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1. 12 13 14 15 16 a7 18 1g 20 a1 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) to @. Did Mr. Gilliland ever convey to you any feelings that he may have had about Mike Trier, who is a person who retired? A, Other than what would be contained in this e-mail, no. Q. Did you -- De you know Mike Trier? A. 1 do not, Q Did Mr. Gilliland ever suggest to you that Mr. Trier was antibusiness? A. Not that I'm aware of. @. Do you know whether or not there was ever a concerted effort to force Commissioner Trier from office? A. Not that I'm aware of. Q. He goes on to say that Mr. -~ Governor Vilsack appointed Mr. Godfrey at the behest of the trial lawyers. Do you know whether or not that's true? A. I independently would not know whether or not that's true, no. @. Did you take everything that Mr. Gilliland told you as true? A. I have no reason to doubt Mr. Gilliland. Q. All right. $0 you would believe that HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491022 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 86 Mr. Godfrey was, in fact, appointed by Governor Vilsack at the behest of trial lawyers? A. I don't have any reason to believe or net believe. John Gilliland sent me this e-mail, and I don't have a belief structure attached to it. @. Do you know Cynthia Eisenhauer? A. No. I've seen her in the capitol, and know who she is, but I don't know her. Q. Were you aware that in prior administrations of Governor Branstad that she was the head of the Iowa Workforce Development Department? AL No. Q. You didn't know that? A. No, not that £ recall. 2. Gilliland goes on to tell you that Mr. Godfrey was an activist claimants’ attorney. Do you know whether or not that was true? A I would not know if that was true. Q. Would you consider someone to be an activist claimants’ attorney who had more defense verdicts than claimants verdicts? A I don't know what an activist claimants' attorney means. HUNEY-VAUGEN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 15 16 17 18 1g 20 a1 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 87 @. Would you consider someone to be an activist claimants’ attorney -- Claimants are the people bringing the lawsuits, the injured workers. A. Okay. Q. Okay. Would you consider someone to be an activist claimants’ attorney if he had spent more time representing respondents or employers than he had representing injured workers? A. I don't know, @. Does ABI make political endorsements? A. I believe they do. Q. Is ABI a special interest group? A. Define "special interest group." @. A group that advocates for the interest of its members, to the exclusion of all else. A, I believe they are an organization that advocates on behalf of their members. Q. And is there, to your knowledge, @ process by which ABI takes a position on any particular issue? A. I don't have any knowledge of how they take positions on issues. @. Did you ever speak to a conference or convention of ABI? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491013 14 15 16 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) =, A. Not that I recall, no. Q. Does ABI -- Is ABI a lobbying group? A. I believe they are a group that does have lobbyists. Q@. Do they have -- Do they have a PAC? aA I think they do. Q. Do they have a political purpose? A. Define "political." Q. They -- Do they have a purpose to influence the outcome of policy discussions and political races? A. You'd have to ask them. Tf don't know their priorities are. @. What is the reason that a -- that a group like ABI is providing talking points to you as the governor's spokesman? A. I don't know what reason they have. You'd have to ask them. Q. Well, you say here that "This is extremely helpful. Thanks a ton. AL Yes Q. And I presume that you meant that; correct A. Yeah, if I -- sure. Q@. Did you use these things to remember at HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 4 12 13 14 15 16 uy 1s 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 89 any time subsequent to your receipt of them? A. TI don't recall ever using this information. In fact, it came eight days after that initial interview. $o by that time I hadn't been receiving inquiries. $0 I don't recall ever using this information, @. It goes on to say that "His mother,” meaning Chris Godfrey's mother, “had also been the plaintiff in a lawsuit challenging the appointment law passed in conjunction with the Values Fund legislation. Godfrey's firm represented her." What is the Values Fund legislation? A. That was a -- a business incentives piece - It -- It was legislation that provided business incentives that Governor Vilsack had been promoting and the House and Senate eventually passed. Q@. All right. Do you know why Mr. Gilliland thought that would be material for you to know? AL No. Q. It goes on to say someplace in here that he was an opponent of -~ oh, wait a HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491015 16 a7 18 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 80 minute -- an opponent of apportionment legislation. [I can't put my hands on it right this moment. A. Number 2. Do you see it? A. Yeah. 3. @. 0k oh, "Rabid -~ Rapid opponent of the work comp apportionment legislation." Do you know what that is? AL No. Q. Okay. I take it that this document, Exhibit 104, is -- Let me ask it a different way. Did you receive anything from Mr. Gilliland to back up what he says in Exhibit 1042 A. I would have provided any e-mails tha I would have received from Mr. Gilliland. And I don't recall having any conversations with about this information Q. All right. So aside from Exhibit 104, there's no proof of any of the things that he says in here; is that correct? A. I don't know. I couldn't verify whether there's any proof or not. I -~ I have HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 uw 12 13 14 15 16 17 18 1s 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 91 the same information that you do. Q. How often would you see Mr. Gilliland? A. In the -- In the capitol? @. Yes. Yes. Or -- Or let me ask you a better question. A. Sure. Q. How often would you have contact with him? A. Not very often. Q. During the legislative session would you see him in the capitol? A. I would see him occasionally, as I would anyone who spends their days up there. @. Have you had contact with Mr. Gilliland on subjects other than Chris Godfrey and the Workers' Compensation Division? AL Yes. @. Okay. Have you had -- What kind of other subjects have you had contact with Mr. Gilliland on? A. We had -- We've had coffee once, and we would have talked when I worked in the Iowa House, but I don't know what subjects we discussed. I just know him through my work in the capitol. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 92 Q. Okay. A. But I don't have -- But I -~ I didn't -- don't have regular and did not have regular contact. I would call him an acquaintance. Q@. All right. When you heard this -- When you got 104, did you assume that Mr. Gilliland was speaking on behalf of ABI? A. I would -- I would think that would be a reasonable expectation, yes. Q. He was supposed to carry out the policies of ABI? A. That Mr. Gilliland was supposed to carry out the policies of ABI? Qa Yes. A. I think that's a reasonable expectation, yes. @. And you assumed when he spoke to you or sent you a document or something like Exhibit 104 that he was speaking for ABI; correct? A. I think that would be a reasonable expectation. @. Look at Exhibit 69, if you would. AL Sure. Q. That is a document that I do not show HUNEY-VAUGEN COURT REPORTERS, LTD. (515) 288-491010 11 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 93 you got, but I'm wondering if you ~~ you know about it. It's a lengthy -- AL Oh. Q@. The attachment is quite lengthy. A. I have not seen this. @. You have not seen it? A. Not -- No, not to my knowledge. Q@. All right. Do you know Greg Egbers, E-G-B-E-R-S? A. I do not. . Do you know whether or not the governor has proposed any legislation or supported any legislation to change workers’ compensation law substantively in any way? A. 1 do not. Q. Do you know -~ A. But again, I'm not a policy advisor, so unless I was asked about it by @ reporter, I would not have that information at my disposal. Q. Were you ever asked by anyone about any legislation the governor proposed or supported that changed workers’ compensation laws substantively? A. Not to my knowledge. Q. Do you know Todd Beresford? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 94 AL No. Q. Let's look at Exhibit 61. It's -- I do not see that it went to you, but I'm wondering if you know about it. A. I don't. @. All right. I'm going to turn this a bit. MS. CONLIN: Let me ~~ Did I mark Brenda's -- Brenna's as an exhibit? Do you remember? The The - THE COURT REPORTER: Did you mark that? MS, CONLIN: Yeah. Do you think I dia? THE COURT REPORTER: I don't know. I think you marked it. I think you marked that. MS. CONLIN: I think so too. Q. Let -- I'm just going to hand you your answer to Interrogatory 4. MS. CONLIN: Do you need a copy? MR. LaMARc: : If you have a copy I'll take it, yes. Do you have it marked as an exhibit? MS. CONLIN: I don't. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 a4 1s 16 a7 18 19 20 a 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 95 MR. LaMARCA: Okay. Are you going to? MS. CONLIN: No Q. 9 Mr. Albrecht -- Yes. Q Bxhibit 4 -- or not exhibit, but what I just handed you is what purports to be your sworn answer to our Interrogatory 4; correct? AL Yes. All right. In paragraph 1 you say "I was not involved in any way with the governor's decision to ask Mr. Godfrey to resign in December of 2010." Do you -~ MR. LaMARCA: Excuse me. That's paragraph 3 1 think you just quoted from, if that makes a difference to you. MS. CONLIN: No. I ~~ I believe that it was paragraph 1. Look at paragraph 1. Q. Am T =~ Did 1 read you correctly from paragraph 1? A. Would you please read it again? @. "I was not involved in any way with the governor's decision to ask Mr. Godfrey to resign HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 18 16 a7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 96 in December of 2010." Is that your paragraph 1? AL Yes. Q@. All right. Are you aware of what Mr. Godfrey's current position is? A. No. Q. And when did you leave the governor's office? I left a year ago this week. Q@. All right. So all during that time Chris Godfrey was the workers' compensation commissioner; correct? A. Correct. @. Are you -- MR. LaMARCA: Excuse me. I think we have a confusion here. All during the time he was with the governor's office Christopher Godfrey was workers! compensation commissioner; correct? MS. CONLIN: Yes. MR. LaMARCA: Okay. MS. CONLIN: What did I ask? MR. LaMARCA: Well, the reference would be all during the time he's no longer been with the governor's office. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qa 12 13 14 15 16 47 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 97 MS. CONLIN: Oh, sorry. A. Okay. During the time I was in the governor's office, yes. MR. LaMARCA: And then also if we could just have the date that you actually left for the record. THE WITNESS: December -- I believe my last day would have been December 6th, 2013. MR. LaMARCA: Thank you. THE WITNESS: 1 can verify that, but that's -~ MR. LaMARCA: That's close enough. THE WITNESS: ~~ within days. Q. With respect to 104, which was the e-mail from John Gilliland -- A. Yes. Q. =~ did you ever have any phone conversations with him that you recall? A. No. Q@. Any conversations in person with him? A. No. @. Any meetings with him or -- or with him and others? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-49107 18 19 20 a. 22 23 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 98 AL No. @. You are not a workers' comp attorney; correct? A. ‘That's correct. @. And you are not an attorney? A. Correct. @. And you performed no investigation prior to submitting a statement to the press or social media or anyone else; correct? A. Well, if I need to gather information on the governor's position, I will talk to the governor, Jeff Boeyink, or, if not speaking directly on the governor's behalf but conveying the governor's position, I will speak to a policy analyst. @. All right. You don't Google anything, though? A. Right. That is not my practice. @. Do you Google anything -- 1 mean, do you -- I'm assuming you know how to Google things. A. I do know how to Google things, yes. Q@. All right. But of the matters that we've discussed, none of these are things that you did any kind of independent research on? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1 12 13 14 1s 16 17 18 19 20 2L 22 23 2a 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 99 Right. Correct. Q. All right. Paragraph 3, "I was not involved in any way with the governor's decision to ask Mr. Godfrey to resign in July of 2011." Do you think that we are accusing you of being involved in the governor's decision to ask the commissioner to resign in July of 2011? A. Are you? Q. I don't think so, but I'm asking you. I'm asking you -- A. I'm not -- If you're telling me that you're not, then I will accept you at your word. Q. Well, I'm just wondering whether or not you think we have accused you in some fashion of being involved in the decision to ask him to resign in December of 2010, the decision to ask him to resign in July of 2011, or the decision to lower his salary in duly of 2011. A, You've informed me that you do not believe I was involved with the decision for him to resign, so I would ask are you accusing me of being involved with the governor's decision to lower Mr. Godfrey's salary? @ Do you have any reason to believe that HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 4. 12 13 14 15 16 17 18 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 100 we are? A. Are you? Q. That's what I'm asking you. No. I'm asking -- A. I'm asking if you are. Q. Well, T get to ask, you get to answer. A. Sure. Q. And so my question to you is do you have any reason to believe that we are asking -~ Let me start again. Do you have any reason to believe that we are accusing you of any involvement in the governor's decision to ask Chris Godfrey to resign in July of 2011? A. You ~~ MR. LaMARCA: Separate and apart from what you've alleged in the petition? You've alleged that he has discriminated against Mr. Godfrey based on-his sexual orientation. You've alleged that he -- MS. CONLIN: No, George, I didn't. MR. LaMARC: -- along with five other people, engaged in a conspiracy to discriminate against Mr. Godfrey. 1 think you HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 an 12 13 14 1s 16 47 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 101 should read what you filed, because that's what it says. MS. CONLIN: I think you should read what I filed. MR. LaMARCA: Well, I read a lot. MS. CONLIN: In fact, Mr. Godfrey -- In fact, Mr. Albrecht is not accused of discrimination on the basis of sexual orientation, Q. Did you know that? A. I do know that. Q. Okay. Good. Mr. -- Mr. ~~ Your lawyer does not. Well, you just informed me of that fact. @. Okay. Did you know that before? A. If you just told me that I'm not, then I'll take you at your word. Q@. All right. MS. CONLIN: Well, you don't remember the big brouhaha we had over dismissing Mr. Albrecht? MR. LaMARCA: Mr.’ Albrecht has not been dismissed. I remember what I read and the allegations that you made about him. Okay? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qa 12 13 14 1s 16 aq 18 19 20 21 22 23 24 25 ¢q (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 102 And what I said on the record-are correct, to my recognition -- to my recollection. Okay? MS. CONLIN: You think that he is -- MR. LaMARCA: You've sued Mr. Albrecht for actual and punitive damages. You've alleged that he engaged in a conspiracy with the other defendants. MS. CONLIN: Is that an objection? MR. LaMARCA: The entire premise of this -- Well, no. You're challenging me as to, you know, whether or not I know what you've alleged. MS. CONLIN: Well -- MR. LaMARCA: And I think I do. MS. CONLIN: I think you do not, if you think that I've accused him of violating Chapter 216. Q. Do you -- Do you-have any reason to believe that we have accused you of -- in the lawsuit of being involved in any way in the -- in the determination to lower the commissioner's salary? A. What exactly are you accusing me of HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qn 12 13 14 1s 16 7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 103 doing in the lawsuit? Q. Okay. I'm asking you is there some basis that you have to believe that we accuse you of some involvement in the decision to lower Godfrey's salary? A. As you noted, I’m not a lawyer. The fact that I am here answering your questions I think indicates to me that you're accusing me of something. So that's why i'm here to answer your questions. Q. Okay. Did you receive a copy of the petition and the amended petition and the second amended petition? A. I believe I received a number of items. @. Did you -- Did you review them? A. I reviewed them with Counsel. Q. All right. And based on your review, do you believe that we are accusing you of involvement in the July 2011 decision to lower Mr. Godfrey's pay? A. I believe you're accusing me of being involved with those who made that decision. @. All right. You talked about -- Let's skip to the tenth numbered paragraph. AL Okay. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 ay 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 104 You say "I have never heard Governor Terry Branstad make any type of private or public derogatory statements, off-the-cuff remarks about race, religion, gender, sexual orientation, disability, or age. He respects all people and treats them fairly and with dignity." MR. LaMARCA: If you're going to read that, please read it accurately. You left out an entire phrase. MS. CONLT I will ask the questions that I want. He's got it in front of him, He can read it. 1 don't think that's a valid objection. MR. LaMARCA: Well, what's the purpose of misquoting his statement under oath for purposes of a question? @. Do you have any doubt that T have fairly summarized paragraph 10? A. Would you please repeat the question? Q. Why don't you read it to yourself. A. Number 107 @ Yes. A. To myself or out loud? Q. Either way. 1 don't care. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 oe 12 13 14 15 16 17 1g 1g 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 105 A. a. A. "I have never heard" -- Read it to George. “I have never heard Governor Terry Branstad make any type of private or public derogatory statement, or even off-the-cuff remark, gender, about any person's race, religion, sexual orientation, disability, or age. In my experience with him, he respects all people and treats them fairly and with dignity.” Q. Have you ever heard Governor Branstad -- Branstad speak about the passage of the Defense of Marriage Act? A A. Q. The state or the federal? The state. Yes. Okay. What did you hear him say? That he signed it into law. Okay. Did he ever tell you why? No. Did you ever ask him why? No. In what context did he say that he signed the Defense of Marriage law? A. I heard him say it in response to questions concerning the Varnum court case. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qn 12 13 14 18 16 a7 18 19 20 au 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 106 I'm not sure I Q@. All right. Was it - understand what -- The Defense of Marriage law was set aside in the Varnum case; correct? A. Yes. That's my understanding. But I'm not a lawyer Q. All right. Have you ever heard Mr. Branstad talk about exclusion of sexual orientation from the Iowa Civil Rights Act? A. I have not heard him talk about that, no. Q. Have you ever heard Governor Branstad talk about excluding transgendered Towans from the Towa Civil Rights Act protections? A. No, I have not Q. Have you ever heard him state that gays cannot be proper parents or that it is very rare that gays can be proper parents? A I have not heard him -~ Can you -- I've not heard him state -- No, I've not heard him state either of those things. Q. Have you heard him say that gay people are not suitable parents to children needing adoption? A.. No, I've not heard him say that. @. Have you ever heard him condemn Senator HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 al 12 13 a4 16 17 18 19 20 a1 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 107 Guth for his comments about gays being diseased and a public health concern? A. I don't believe I've heard him comment on those comments, no. @. Did you -- Was that comment -- The comment we looked at, Senator Guth's comments. A. Yeah. Senator Guth's comments, I don't recall what he said, if anything, on the comments, but I -- so -- @. Was that comment -- What Senator Guth said that we have looked at before, were any of those comments ever brought up to you in your capacity es spokesperson for the governor? A. It's certainly possible, but I don't recall. Q. Have you ever heard Governor Branstad discuss a homosexual agenda? A. No. @. Have you heard him discuss having a team? A. In what context, please? Q. "I want my team." A. . No. No. No. @. Have you ever blogged about Commissioner Godfrey? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 34 15 16 17 18 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 108 AL No. Q. Have you ever blogged -- Do you have a blog? A. I had a site where I put -- I linked news articles and headlines that I would manually copy and paste, but I did not use that as an opportunity to opine any thoughts. 1 merely was a news aggregator on that blog Q@. That's The Bean Walker? A. Thebeanwalker.com. Q. What happened to that? A. I stopped running it. I didn't have time anymore Q. All right. How long did it exist? A, It existed from March of 2009 until December. of last year. And I ran it for a lot of that time, but I had some others who would post for me. Q. At no time -- Let me be sure I understand what you're telling me. You did not ever post anything that was your original writing, Is that a correct understanding? A. On one or two possible occasions. 1 interviewed Tom Latham once, and I wrote that into a news story back when it started. But HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 aL 12 13 aa 1s 16 Ww 1g 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TINOTAY JOHN ALBRECHT) Se that wasn't the function of this blog. @. Do you remember anything else that you might have written yourself on the blog? A. I don't ~ @. Or on -~ T'm sorry. on thebeanwalker.com A. I don't recall, no. Other than headlines: to stories. @. Do you know who is? AL Wo. Q. Tell me how press releases were created and issued in this administration -- in Governor Branstad's administration. AL Pirst a need was determined. So if we had a Monday morning news conference, for instance, we always liked to have a topic or an issue or news that we would announce. You know, in the case of flag lowering or, you know, announcements about department heads or @irectors, I would -- most of the time I would draft those releases and then I would get approval from the governor or Jeff Boeyink prior to sending them out. If it was the governor's weekly public schedule, which If call an advisory, then HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 15 16 a7 18 1g 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) a0 I would just make sure that I had a couple other eyes look at it, not the governor or Jeff Boeyink, and I would send that out. So with regard to policy positions, I would make sure that it was in line with the governor mostly through Jeff Boeyink. If it had the governor's comment on there, I always wanted to get his approval unless we were - you know, the ~~ the rare occasion we'd that it be pressed for time but we knew that — was the governor's position. And then I would send those. Q. When there is a significant accomplishment within state government, what is the process? Do you follow that same process to issue a press release about it? A. Yes. If the governor's office had a role in the significant accomplishment, for instance, if it's a new data center or a new wind farm and the governor worked extensively on that with somebody like Debi Durham, that announcement would come out of the governor's office. But oftentimes the communications directors, also known as PIOs or public HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 11 12 13 14 15 16 a7 18 ag 20 a 22 23 24 25 ca (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) qi. information officers, for departments and agencies would send press releases touting their own accomplishments. And for the most part if -- if that didn't directly involve the governor's office, they were free to do so on their own. @. Do you remember ever issuing a press release from the governor's office about accomplishments of -~ of IWD or the Department of Human Services or anything like that? A. It's probable. I issued hundreds and hundreds of news releases. But certainly if it was a governor-led initiative, that would be something that we would like to tout from the governor's office, sure But there was no standard operating procedure. It just kind of ebbed and flowed based on the issue at hand. Q. Did you have any role to play in the Re-Open Iowa for Business Rules & Regulations Tour Report prepared by the Office of the Senate Republican Leader in April of 20117 AL Wo MS. CONLIN: Okay. Let's go off the record. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 qt 12 13 14 18 16 47 18 19 20 21 22 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 112 THE VIDEOGRAPHER: Off the record ending Tape 2 at 1548. (A recess was taken.) THE VIDEOGRAPHER: On the record beginning Tape 3 at 1600. Q. Mr. Albrecht, have you ever heard of a case called Rizvic, R-I-Z-V-I-C, versus Beef Products, Inc.? A. No. Q. All right. Have you ever discussed any particular case with the governor or with Mr. Boeyink or with Ms, Findley? Any -- A. As in a court case? Q. Yes. Yes. A. Other than the decision following Varnum and the U.S. Supreme Court decision on healthcare, where we were going to be asked questions from the media, I'm not aware of any other cases that we've discussed. Q. Count 13 of the petition in paragraph 146 says "Defendant Albrecht stated that the governor had heard directly from small business owners in Towa who were extremely concerned with Mr. Godfrey's job performance." Did you say that? HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 aL 12 13 14 15 16 17 18 19 20 2a 22 23 24a 25 ca (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 413 A. Oh, 13 on -- Excuse me. I'm sorry Q. You don't have it. You don't have it. A, Oh, I don't? Q@ No. A. Can you repeat that, please? MS. CONLIN: Would you mind? (Requested portion of the record was read.) A. That would -- would be in line with statements I've made, yes. @. All right. “Albrecht blamed Plaintiff for rising expenses for employers in Iowa." Did you say that? A. That would be in line with statements that I made to the media, yes. Q. Okay. “Additionally, Albrecht stated that the governor cut Plaintiff's pay as a means of showing disapproval of his job performance." Did you say that? A, That is in line with statements I've made to the media, yes. @. Okay. "On or around Tuesday, duly 12th, 2011, Albrecht made false defamatory statements to news organizations, including WHO -~ WHO TV, concerning Plaintiff's HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491016 17 18 19 20 21 23 24 25 eq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 114 performance as workers' compensation commissioner.” Do you recall -- First of all, do you recall making statements to WHO TV? A. I spoke with WHO TV, yes. @. And you indicated that the -- that the workers! compensation commissioner's performance was the cause of having his pay cut; right? I conveyed the position of the governor, yes. Q. Did you indicate that the plaintiff's pay had been cut due to his poor performance? asaavese MS. CONLIN: That's it. Let me just check with Chris just to be sure. Do you have any questions? MR. LaMARCA: I probably will have a few, so why don't we just take a few minutes. MS. CONLIN: All right. THE VIDEOGRAPHER: Off the record at 1603. (A recess was taken.) THE VIDEOGRAPKER: On the record at 1609. HUNEY-VAUGHN COURT REPORTERS, LID. (515) 288-491010 un 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ¢q (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 215 Q@. I do have just a couple more questions, Mr. Albrecht. The Bean Walker site, is it backed up anyplace? A. I'd have to look into that. I don't know. Q. Why was it scrubbed? A. I don't know that it was scrubbed. 1 just -- I didn't have time to update it anymore, so I had my developer put up a splash page for it. @. Oh, all right. A, Yeah. So, I mean, I -- it wasn't scrubbed. It was just -- It was stopped in time and wasn't being updated. So I didn't, you know, want this time capsule out there, so I just had him put up a splash page with -- with the logo, I believe. @. Okay. ho -- Who was your developer? A. His name is Ken Schulz, S-C-H-U-L-z. Q@. Oh, I know him, A. Abundance Media in Florida, actually. Q@. oh, it's a different one A. Yeah. Yeah. So -- Q. Okay. Abundance Media in Florida? HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 a4 18 16 17 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 116 Yep. Yep. Q. Okay. All right. A. And, you know -- MS. CONLIN: That's all I have. THE WITNESS: Okay. CROSS-EXAMINATION BY MR. LavARCA: Q- Mr. Albrecht, this is George LaMarca on behalf of the individual defendants and the state of Iowa. I have a few questions for you. At the time you were a spokesperson for Governor Branstad, was Governor Branstad's position on gay marriage different from what President Obama's was at that time? No. Q. What was President Obama's position? A. President Obama was against gay marriage until approximately May of 2012. Q. At the time you were a spokesperson for Governor Branstad, was his position on gay marriage any different from what Hillary Clinton's was at that time? AL No. Q. What was her position? A. She was against gay marriage. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 4. 12 13 14 15 16 aq 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 117 Q. Where are you currently employed? A. I'm employed at @. Okay. And what does that company do? A. We do online marketing for political candidates and causes. @. Who is the president of that company? aA. @. And before you applied for that job were you aware of position on gay marriage? A. Yes. Q. What is his position on gay marriage? A. has been an outspoken advocate for gay marriage. He has been on the record many times in the media and is one of the most, if not the most, outspoken proponents on gay marriage in this state. @. 80 he’s in favor of gay marriage in all respects? A. He is. Q. Okay. Is he a Democrat or a Republican? AL He isa Q. Now, Ms. Conlin asked you some questions about your understanding of the HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1 12 13 14 15 16 a7 18 19 20 ai 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 118 lawsuit and -- and in particular the claims that she and Mr. Godfrey have made against you. Do you recall that? AL Yes. Q@. Okay. On November 13th, 2014, just a couple of weeks ago, Christopher J. Godfrey on behalf -- filed a third amended petition which was filed by Ms. Conlin on his behalf. And were you aware that you were named a defendant in that lawsuit? T am now. @. Okay. And ~~ Well, are you aware that this is the third amendment to the original lawsuit where you were named as a defendant? AL Tam, @. Okay. And did I show you where you were named not only in your official capacity as communications director but that Mr. Godfrey also sued you individually? I did see that, yes. @. Okay. And did T also point out to you, contrary to what Ms. Conlin said on the record, that in Count 1 you are, along with the other defendants, accused of ~~ I'd refer to paragraph 59, "Defendants harassed and discriminated HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 1 12 13 14 15 16 a7 18 ag 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) aan against Plaintiff in the -- in employment on the basis of his sexual orientation.” So from that did you -- would you take that you are being accused of sexual discrimination and harassment against Mr. Godfrey? A. Yes. Q. Have you ever discriminated against Mr. Godfrey in any way? A. Absolutely not. 1 have never even met him. @. And have you ever harassed Mr. Godfrey? AL No. ©. Okay. And are you also aware that -- and did I point out to you that -- that among other damages, among -- in addition to compensatory damages, that Mr. Godfrey is also seeking from you punitive damages? AL Yes. @. And he's also seeking that Ms. Conlin be awarded attorney fees for this lawsuit against you? AL Yes. Q. Among other things. MR. LaMARCA: ‘That's all I have. HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 a 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) 120 MS. CONLIN: Nothing further. THE VIDEOGRAPHER: Off the record ending the deposition on Tape 3 at 1614. (Deposition concluded at 4:14 p.m.) The videotaped deposition of TIMOTHY JOHN ALBRECHT is now complete. When transcribed, the original of the deposition shall remain in the offices of Huney-Vaughn Court Reporters, The original exhibits shall remain in the offices of Huney-Vaughn Court Reporters. (UNLESS OTHERWISE DIRECTED BY COUNSEL OR THE PARTIES HERETO, THE STENOGRAPHIC NOTES FOR THE FOREGOING DEPOSITION SHALL BE DESTROYED AFTER A PERIOD OF 3 YEARS FROM THE DATE OF TAKING OF SAID DEPOSITION.) HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-491010 an 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 cq (VIDEO DEPO OF TIMOTHY JOHN ALBRECHT) ner CERTIFICATE I, the undersigned, a Certified Shorthand Reporter and Notary Public of the State of Iowa, do hereby certify that I acted as the Certified Shorthand Reporter in the foregoing matter at the time and place indicated herein; that I took in shorthand the proceedings had at said time and place; that said shorthand notes were reduced to typewriting under my supervision and direction, and that the foregoing pages are a full and correct transcript of the shorthand notes so taken; that said deposition was not submitted for review. I further certify that I am neither attorney nor counsel for, or related to ox employed by any of the parties in the foregoing matter, and further that I am not a relative or employee of any attorney or counsel employed by the parties hereto, or financially interested in the action. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 17th day of December, 2014 CERTIFIED 31 AND NOTARY PUBLIC HUNEY-VAUGHN COURT REPORTERS, LTD. (515) 288-4910