Transcript of Investigator's Interview With Debbie Buckley

In The Matter Of: Buckley vs City of Buffalo School District
Debbie Buckley February 13, 2012
Original File 021312amk.txt
Min-U-Script with Word Index
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Statement of DEBBIE BUCKLEY, held in the Law Offices of Bond, Schoeneck & King, PLLC., 40 Fountain Plaza, Suite 600, Buffalo, New York, on Monday, February 13, 2012, at 9:40 a.m. before Ashley M. Kleinschmidt, Notary Public.
APPEARANCES: LIPSITZ, GREEN, SCIME, CAMBRIA, LLP. BY: PAUL J. CAMBRIA, ESQ., RICHARD D. FURLONG, ESQ., 42 Delaware Avenue, Suite 120 Buffalo, New York 14202 Appearing for Debbie Buckley BOND, SCHOENECK & KING, PLLC. BY: JAMES J. ROONEY, ESQ., ERIN S. TORCELLO, ESQ., 40 Fountain Plaza, Suite 600 Buffalo, New York 14202 Appearing for the City of Buffalo School District
METSCHL & ASSOCIATES (716) 856-1906
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INDEX
THE WITNESS - DEBBIE BUCKLEY EXAMINATION BY: MR. ROONEY MR. FURLONG EXHIBITS PAGE 3 178 PAGE 53 54 75 79 80
August 2010 purchase order
E&M Enterprises, Inc. August 2010 purchase order 86 meeting agenda Crossroads contract 2010 Spinuzza letter January to August 2010 Spinuzza contract 98 104 152 152
September 2010 to August 2011 Spinuzza contract 152 services rendered invoice another services rendered invoice vender invoices Ahmed recommendation letter lease assignment METSCHL & ASSOCIATES (716) 856-1906 167 171 175 177 179
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D E B B I E
B U C K L E Y, 2489 Cayuga Street, Niagara 14304, gave a statement as follows:
Falls, New York
EXAMINATION BY MR. ROONEY:
Q.
Ms. Buckley, I'm Jim Rooney.
This is an associate And as I think
that works with me, Erin Torcello.
you know, the Buffalo School District hired me and directed me to investigate some allegations of potential misconduct on your part. Today I just want to talk to you a little bit and get your side of the story. And so I'm going to
ask you a series of questions and ask you to answer them as honestly and as thoroughly as you can. I know you have assistance from two lawyers here, two able lawyers, Mr. Furlong and Mr. Cambria, but I ask that the questions be answered by you, not Mr. Furlong and Mr. Cambria obviously. A. Q. Okay. Now, I assume these are the representatives of your choice? A. Q. Yes. And I should let you know that if you refuse to METSCHL & ASSOCIATES (716) 856-1906 Okay?
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answer any questions that relate to allegations against you or the performance of your official duties, the district may consider your refusal to be insubordination, subjecting you to possible discipline including possible termination; do you understand that? Yes. And I take it you also understand the statements that you make today may be used against you in connection with potential discipline brought by the school district; do you understand that? Yes. Okay. What is your full name, ma'am?
Debbie Buckley. Your legal name is Debbie not Deborah? Um-hmm. Where do you reside? 2489 Cayuga Street in Niagara Falls, New York. How long have you lived there, ma'am? Two years. And your current title at the school district? Assistant Superintendant of Federal and State Programs. METSCHL & ASSOCIATES (716) 856-1906
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Q.
One other thing I want to advise you, when I take a deposition, if there's a question that you don't understand that I ask you, and it's certainly possible, please let me know and I'll try to clarify it. Okay? And if you can, try to answer audibly instead of nodding. We're trying to make a record of this so That would be
there's no confusion of what you said. helpful. A. Q. A. Q. A. Q. Okay. How long have you held that position? Including up to now? Yes.
When you got hired into that position.
March 22nd, 2010. Just very generally, what are your duties and responsibilities in that position?
A.
To manage or make recommendations to the superintendant regarding grant activities for the district.
Q. A.
And do you report directly to the superintendant? No, I was reporting to the deputy superintendant and I met weekly with the superintendant.
Q.
Who was the deputy superintendant? METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
At the time it was Dr. Oladele, O-L-A-D-E-L-E. Now, was Dr. Oladele there throughout the time that you were actively working prior to your leave?
A. Q. A. Q.
She was there until June of 2011. Okay. I think, approximately, June '11. So until June 2011 you reported to Dr. Oladele as well as Dr. Williams?
A. Q.
Yes. Okay. What sort of reporting relationship did you
have with Barb Smith? A. I did -- I had requested Barb Smith to actually meet with me monthly. Q. A. Q. Okay. She refused. So I didn't have any.
And when did you make that request?
I made a request via e-mail in June 2010. Did she tell you why she wouldn't meet with you monthly?
A.
She said she didn't think she needed to. if we could review any documents, grants. meet, at least, two or three times.
I asked her We did
Q. A.
Why did you want to meet with her monthly? Because it was a new position to me, and I wanted to have her expertise. METSCHL & ASSOCIATES (716) 856-1906
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Q.
Did you recognize that she did have some expertise in the field?
A.
She is a chief financial officer, so just in her status. And she had been doing that prior to my
appointment, so given that, anything I would need to ask regarding finances I would be able to ask her or pass it by her. Q. So after Dr. Oladele left in June of 2011 who did you report to? A. Q. A. Q. Dr. Williams. Okay. Yes. Now, from time to time in the course of your duties, I take it you had to make arrangements to obtain space within which to run some school program; is that right? A. Q. A. Q. Yes. Either a building, a room, anything like that? Yes. Was there a typical process that you underwent when you did that? In other words, was there a department Could you do Dr. Williams exclusively at that point?
within the district that you spoke to?
it on your own? I mean, how, generally did that work? METSCHL & ASSOCIATES (716) 856-1906
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A. Q. A.
Well, I wasn't sure how it would work. Fair enough. But I did know that it was a requirement under Federal and State Law with the nonpublic schools to have services. We -- prior to my appointment as assistant superintendant I had a previous assistant superintendant that I was reporting to. And I took
most of my information from what she had done previously. Q. A. Q. And who was that? June Simmons. Is that -- is she also Ms. Burroughs? go by that last name? A. Q. A. Q. A. Q. A. Q. Yes. I don't know which is the maiden or married name. I don't know either. But Simmons and Burroughs are the same person? Yes. She is the predecessor in your current role? Yes. You said you followed her lead in terms of how to proceed in these sort of issues, correct? METSCHL & ASSOCIATES (716) 856-1906 Does she also
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A. Q.
Yes. So how did -- given that you followed her lead, how did you go about these things when you went to obtain space?
A.
Well, I asked her, because what we were doing is setting up a neutral site for nonpublic school --
Q.
Well, just so you're clear, I'm not talking -- it sounds like you're leading towards 75 Hickory.
A. Q. A. Q. A.
No. You're talking more generally? Generally, yes. Fair enough. Go ahead.
To establish an access center, a nonpublic access center, we rolled it into the Title 1 ARRA Grant, A-R-R-A, in 2009. It was explicitly written into We
that grant for the purpose of providing services. didn't have any space allocated at the time. Q.
Was nonpublic Title 1 work being performed prior to 2009?
A.
Yes, but in an audit, it wasn't being performed properly.
Q. A.
Do you recall the audit -- who did the audit? Um-hmm. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q. A.
Who? U.S. Department of Education. Okay. And that was a 2009 audit?
I'm not sure if they were -- I think it might have been early, like, March 2009. And then New York
State came in and did an audit at the end of 2009. Q. A. Q. Okay. But they had the same results. Okay. So both the U.S. Department of Education and
the New York State, I take it, Department of Education -A. Q. Department of Education. -- conducted audits around 2009, and both of them concluded that the Title 1 nonpublic work was not being properly done? A. Q. Yes. The documents will eventually speak for themselves, but what do you recall more specifically was not allegedly being done correctly? A. We were not giving equitable services to nonpublic schools according to what was required. Q. Okay. Do you know where the services were being
provided at the time? METSCHL & ASSOCIATES (716) 856-1906
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A.
They weren't being provided at all, the professional development for nonpublic school teachers and parent involvement activities for nonpublic school Title 1 parents.
Q.
So you're talking about two things, professional development for nonpublic school teachers and then also parents. it? Those are two different things, I take
A.
No.
They were all encompassed in the Title 1
equitable services required for nonpublic schools. Q. So what you're telling me is that there was no Title 1 nonpublic work going on at all? A. No, nonpublic professional development and parent involvement activities. Q. A. Q. A. Okay. All right. That one category.
Not instructional services. I understand. The instructional services were not being appropriately implemented as well.
Q.
Okay.
So what you're telling me is the 2009 audits
both pointed out this failing? A. Q. Yes. All right. And at that point what was your title, METSCHL & ASSOCIATES (716) 856-1906
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ma'am? Supervisor of Title 1. Prior to the audit taking place were you aware this work was not being done that needed to be done? Well, I was doing research, because that particular element became a part of my job, and it was not a part of my job prior to the retirement of the Supervisor of Nonpublic Schools. So there was a Supervisor of Nonpublic Schools and there was an Office of Nonpublic Schools that was dismantled, and all the elements relating to that was tossed to me. So I had to learn it. And I did not
have any professional development or anybody to tell me about how these things were to take place, but I was required by Ms. Simmons, June, to have this stuff happen, according to the law. Okay. So prior to this, there actually was an office
within the district called the Office of Nonpublic Schools? Yes. And it obviously had a supervisor? Yes. And it had a secretary specifically working in
that -METSCHL & ASSOCIATES (716) 856-1906
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Q. A.
Any other employees in that office to your -They also had a complete building with storage space for all nonpublic activities. And they also had a
spot where the nonpublic school teachers or whoever was working with them could access materials, or to receive any information. So they had everything in
place for the nonpublic schools to implement their programming. Q. Okay. So at some point when this Office of Nonpublic
Schools existed, was this professional development work that you referenced earlier taking place? A. Q. No. So it wasn't taking place even when the Office of Nonpublic Schools was in existence? A. It's in -- the instructional program was not adequately taking place as well, because they didn't have teachers in place in some of the schools. were just ordering supplies. According to Title 1 Law, you cannot have an ordering of supplies without a teacher in place in any nonpublic school building. program. You have to have a They
And that's when I was learning along the
way, in conversation with Virginia Berg, B-E-R-G, METSCHL & ASSOCIATES (716) 856-1906
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from the U.S. Department of Education.
She came in,
and Leon Hovicish from the New York State Department of Education. How is his last name spelled? H-O-V-I-C-I-S-H. don't know. You said there was a building -64 -Let me finish my question. the office used? Yes. 64 what? 64 Bailey. What happened to 64 Bailey? Barbara Smith's office took it over for their use. For entirely different use, I take it? Um-hmm. Was 64 Bailey a district-owned building? District-owned and purchased with Title 1 funding. So what took place on 64 Bailey? All nonpublic activities, Title 1 activities. The instructional work? Also, they had bus drivers there. METSCHL & ASSOCIATES (716) 856-1906 There's a building that There might be an E in there. I
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Q. A. Q. A. Q. A. Q.
Did the instructional work take place there? No. Where did the instructional work take place? Schools, nonpublic schools. At the nonpublic schools themselves? Yes. I interrupted you. else, ma'am? You were going to say something
A.
There were bus drivers and buses that were housed at 64 Bailey as well, Title 1 for parent involvement activities.
Q.
All right.
I'm getting a little confused.
You said
there were bus drivers and buses for parent involvement activities? I thought you said earlier
those activities weren't taking place? A. For district parents, not the nonpublic. The
nonpublic parent involvement activities weren't taking place. Q. We had a district parent center.
So there was parent involvement for district parents, but not --
A. Q.
Not for nonpublic Title 1 parents. When did Ms. Smith's office take over 64 Bailey, if you remember? METSCHL & ASSOCIATES (716) 856-1906
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A.
I'm going to say about June -- maybe January, February, March of 2010. of 2010. Somewhere in the beginning
Q. A. Q. A. Q.
Had you taken on your current position by that time? No. No? No. All right. So we're talking a little about the
process by which you were finding a -- at least, beginning to find some space within which to have these activities which were the subject of the audit, correct? A. Q. Pardon me? Let me ask you this. Was there ever any other time
you were working in your current role where you were trying to locate space for some purpose other than Title 1 nonpublic work? A. Q. A. Yes. Okay. We were looking for a -- we were looking to rent the Convention Center for parent conferences. to rent that. there. We wanted
We wanted to have parent conferences
One of my supervisors had asked her to look METSCHL & ASSOCIATES (716) 856-1906
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into talking with them about that. Okay. Also, I guess under my role, the Beaver Hollow Conference Center had to be rented -Okay. -- for the annual retreat, twice. During either of those occasions or any other occasion did you contact the Plant Department to see if there was space available? No. And did you contact the Plant Department when you were trying to find a facility for the nonpublic work? I might have. I'm not sure.
You don't recall either way? Yeah, I might have. And if you did, you don't recall the details of it, I take it? I might have called them, but I'm pretty sure I might not have gotten any information from them, but I might have called them or had someone call them. MR. FURLONG: THE WITNESS: Don't guess. Okay.
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BY MR. ROONEY: Q. A. Q. A. Q. A. Q. A. Q. You are guessing? I don't know. But I'm pretty sure.
You're pretty sure? I'm pretty sure I talked to someone. Who? Sue Yaeger, Y-A-E-G-E-R. What's her position? Director of Plant. Do you remember anything about the conversation you had with Ms. Yaeger?
A.
I talked to her a lot.
I can't tell you that that
one specific conversation was specifically about that. I talked to her about engineers, many
different things. Q. So you don't remember anything about any conversation you had with her relating to space for the nonpublic work? A. But I do know that my supervisor spoke with her directly, the Supervisor of Title 1. Q. A. Q. Okay. She spoke with her regarding space. The supervisor being Dr. -METSCHL & ASSOCIATES (716) 856-1906
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A. Q. A.
No, the supervisor being Jamie Cohen, C-O-H-E-N. Tell me what you know about that. Jamie made some connections with -- once she was hired in September of 2010, she contacted the Plant Department, but --
Q. A. Q. A.
About what, do you know? About 75 Hickory. Okay. But prior to that the district was already using 75 Hickory at no cost to the district.
Q.
How do you know that Jamie contacted -- by the way, stepping back, what was Jamie's title at the time?
A. Q. A. Q.
Supervisor of Title 1. She held the position you previously held? Yes. And did you direct her to contact the Plant Department?
A. Q. A.
No. How do you know that she did? Because e-mails, communication, and probably, we met -- I met with the staff to give me updates on what they were working on. I had given her directive
to do what I was supposed to be -- what I was METSCHL & ASSOCIATES (716) 856-1906
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initially doing in the beginning. Okay. To establish the professional development activities and parent involvement activities. passed the torch to her. Do you know anything more about the communications she had with the Plant Department? I know that she had met with Sue Yeager at 75 Hickory. I do know that she also met with the IT I know that they talked I basically
Department at 75 Hickory.
about design and program use at 75 Hickory. And you know this, you believe, from looking at e-mails? No. Talking to Jamie? Talking to Jamie, talking to IT, talking to Sue Yeager. Do you recall when these meetings between Jamie and Sue Yeager took place? Probably in between October and November of 2010. I
might note that the District of Nonpublic Schools in June of 2010 had two schools close, which would have been Nazareth Lutheran and St. Joseph -- Mount St. METSCHL & ASSOCIATES (716) 856-1906
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Joseph.
And because we did not have access to the 64
Bailey site -Um-hmm. -- all of the Title 1 supplies, materials, computers, televisions, carts, books and everything was moved by the district into 75 Hickory. given a location -I think I understand. The Title 1 equipment that was And 75 Hickory was
in Nazareth Lutheran and Mount St. Joseph was moved into 75 Hickory? Yes. When did that happen? June of 2010. At no cost to the district.
Who did the move? The district, Sue Yeager. When you say at no cost, you mean you weren't charged for the space at the time? They were not charged for the space. Let me see if I can understand a little better the contract protocol at the district as you understood it. Did all payments that were made by the district In other
have to be supported by an actual contract?
words, if you were going to make a payment to a METSCHL & ASSOCIATES (716) 856-1906
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vender, did there always have to be a contract with the vender before the payment could be made? Not always. Did you have any understanding as to when a contract was required by district protocol and when it was not? Um-hmm. Can you explain your understanding to me? Okay. If you were purchasing instructional supplies
or you were purchasing equipment you didn't need a contract. If you were purchasing services you would
need a contract, or rental space you need a contract. Okay. All right. Well, that's pretty simple. As I
understand your answer, if you're purchasing equipment, some tangible good -Right, no contract. -- there's an invoice, purchase order and you make the payment? That's right. If you're purchasing services or you're making use of some property with some space, then there has to be a contract to support it? Yes. METSCHL & ASSOCIATES (716) 856-1906
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Q.
And I take it the payment is not supposed to be made -- there's no payment made until the contract is in existence?
A. Q. A.
Until the contract is in existence? Right. You can't make a payment until you have a purchase order. You can't have a purchase order until you
have a contract. Q. All right. Can you start using the venders services
without the contract? A. You're not supposed to, but everyone -- I -- everyone has. Q. A. Okay. How do you know you're not supposed to?
Well, no one said it specifically, but Barbara always wanted to tell everybody -- she told everyone every time she had an opportunity, you cannot start services until after the contracts are signed and all that stuff.
Q. A. Q.
Okay.
You heard her say that as well?
Everyone heard her, yeah. Okay. Now, did you have any understanding as to when
the control board needed to approve a contract? A. Yup. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q.
When was that required? If it goes over fifty thousand dollars. I'm going to ask you a few questions about an entity called the Mastery Center, M-A-S-T-E-R-Y. Are you
one of the principals of the -- does the Mastery Center still exist? A. Q. A. No. Okay. 2007. Over what period of time did it exist? January of 2007 until, I'm going to say
February 2010. Q. A. Q. A. Q. A. Q. A. Q. A. Was it actually incorporated under New York State? There was a d/b/a. It was a d/b/a for what? For tutoring. For what? Tutoring. So who was involved in it? My mother. Yourself too? No, I was helping my mother. I was working with my Who was a principal?
mother, but it was actually hers. Q. A. Okay. Did she ever pay you for helping her? In other words, yes. METSCHL & ASSOCIATES (716) 856-1906
Sometimes, yes.
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Q.
And when you received payment from your mother, was a payment on her -- you know, from a personal check or was it payroll through the Mastery Center?
A. Q.
Payroll. Do you have an understanding as to what the legal name of the Mastery Center was?
A. Q. A. Q.
What do you mean?
The Mastery Center.
You said it was a d/b/a. The Mastery Center. Were there any other -- so the Mastery Center had its own checking account?
A. Q. A.
Um-hmm. Has its own taxpayer ID number? Mm-mm. No. It was under her ministry, a d/b/a under
her ministry. Q. A. Q. A. Q. Love TNATS Ministries? Yes. It's Love Thy Neighbor as Thyself? Yes. Okay. So when you received a check you received it
from Love TNATS; is that right? A. Q. No, the Mastery Center. You received it from the Mastery Center? METSCHL & ASSOCIATES (716) 856-1906 Did the
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other entity to your knowledge -- did you work for Love Thy Neighbor? Sometimes. Just the short name, Love Thy Neighbor. Not really. Well, you said sometimes, so not sometimes? Not really work. I was kind of helping her. I And that
helped her start it and then I dropped out. was way, like, 2001 or something.
I was initially
with her, because she was in another state. Okay. I think I asked you, your mother's name is
Daphney Coleman, C-O-L-E-M-A-N? Yes. You didn't ask me, but yes, that's her name. When was that
Let's start with Love Thy Neighbor. formed, to your knowledge? 2000-2001. What did Love Thy Neighbor do?
It initially started off with a Solomon's Place for tutoring for kids, and also a home for women, Vashi's House, V-A-S-H-I-S, House, for women and children, homeless. And then she -- my mom is a minister, so
she would do spiritual meetings and those types of things. METSCHL & ASSOCIATES (716) 856-1906
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Q.
Okay.
And do you know whether Love Thy Neighbor was
incorporated? A. Q. What do you mean? Was it -- did she file papers with New York State to form an entity called Love Thy Neighbor? A. Q. Yeah. Um-hmm. I think.
And do you know whether you were ever an officer of Love Thy Neighbor?
A. Q. A. Q. A. Q. A. Q. A.
I was in the beginning. What title did you hold? Vice-President. You don't sound entirely confident. I don't know what she put me down for. You held some officer position? Yes, maybe Secretary. Anybody else? Sylvia Wright, I think she was a Secretary. I know
she was the Secretary, because she did most of the work, Sylvia. Q. A. Q. Anyone else? I don't remember. And how long -- did the business of Love Thy Neighbor change at any point? Did it start focusing on
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something other than what you described? They do different grants and stuff. I don't know. I
really can't tell you, because I wasn't following Love Thy Neighbor. I was working.
What period of time were you involved with Love Thy Neighbor? Maybe up to 2002. Okay. I was always there with my mother for anything she asked me as a daughter, but not as a -I understand. -- worker or whatever. Were you paid at some point by Love Thy Neighbor in earlier years? No. I was never really paid. I'm a volunteer for
most of these things. Is Love Thy Neighbor still in existence? I think they might have stopped existence recently, and I'm not sure, because again, I have enough problems of my own. Okay. So the Mastery Center was a d/b/a for Love Thy
Neighbor as far as you know? Um-hmm. METSCHL & ASSOCIATES (716) 856-1906
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Q.
But it also sounds like it had a somewhat different business?
A. Q.
There was tutoring. There was tutoring. Okay. When was the Mastery
Center formed, to your knowledge? A. Q. I'm trying to think. Okay. All right. 2007.
So Love Thy Neighbor recently you
believe stopped existing and the Mastery Center -A. The Mastery Center stopped -- the Mastery Center, my mom wanted to do that Solomon's Place, but changed it to the Mastery Center. Because of my educational
background, I did a lot to help her try to implement it. Prior to that I used to do tutoring myself. But I have arthritis. And when it started to flare I
up in 2007 and 2008, I started to get sick. couldn't help her as much.
So I think that might be
a little blurry area as to what's going on with the Mastery Center and who is doing what. get sick over that two-year period. I started to
So I would be
around for things, but I wasn't really around as much as I could have been or -- I couldn't take any real serious roles, in a sense. METSCHL & ASSOCIATES (716) 856-1906
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Q.
So after 2008 did you ever take on a serious role in the Mastery Program?
A.
Anything that anybody asked me to do, I would help them.
Q. A. Q.
From time to time you still did some work -Any -Let me finish my question. From time to time you
still did work for the Mastery Center? A. Q. Yes. And from time to time did you still get paid by the Mastery Center? A. Q. A. I think I only got paid one time. When was that? I don't remember when. I wasn't trying to get paid.
I think I only got paid one time, but I think it was because of her payroll they had to pay me something. The payroll -- whoever the paycheck person was said they had to pay me something or something. just gave me one check. check. Q. A. Q. Earlier in the process? I don't remember. Okay. METSCHL & ASSOCIATES (716) 856-1906 So she
I think it was just one
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A.
I could find out, but I just don't remember right now.
Q.
All right.
Now, you said Solomon's Place was being
changed to this tutoring facility; is that right? A. That was what she initially -- I really wish you had her here. She is the one you need to find out from. You're asking me questions that aren't
I don't know. mine.
MR. FURLONG: your ability.
Just answer to the best of
If you don't know, tell him. I really don't know.
THE WITNESS: BY MR. ROONEY: Q.
But did you say Solomon's Place was being changed to the Mastery Center?
A.
The concept, not so much the event or place or whomever. It was her concept in her mind. Solomon's Place, did that
Q.
That's where I'm confused.
actually exist in some particular building? A. Q. A. Q. Yes, 33 Durham. Durham? D-U-R-H-A-M. Yup. Okay. So I guess going back to my original
question, is the Mastery Center still in existence or METSCHL & ASSOCIATES (716) 856-1906
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not? No. It definitely is not? No. In fact, I think I mentioned to you that it
stopped somewhere around February or so of 2010. Okay. I think you did. Do you know whether you were
ever -- did the Mastery Center, to your knowledge, have officers as well? I don't know. Okay. So it formed around 2007-2008. Did it
actually run some activities in those years? Yes. Okay. No. Out of 33 Durham or in other places? It was on Genesee Street, 2925 Genesee.
No.
Okay.
Is that where it has always been located, 2925
Genesee? Yes. too. No. No. Nope. It was actually another spot It was another spot on
I forget the number.
Genesee before that one. Did it ever do business out of 33 Durham? No. That was just Solomon's Place? I don't -- you're asking me questions I don't know. METSCHL & ASSOCIATES (716) 856-1906
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Q.
Okay.
So wherever it was on Genesee Street, either
2925 or prior to that at some other location, what was the Mastery Center doing in those days, 2007 and 2008, providing tutoring services? A. Q. A. Q. A. Q. A. Q. Um-hmm. Yes? Yes. To whom? Students, church, anybody. Anyone? Children, adults, whoever. Did it have an affiliation with any private or public school at the time? A. Q. A. Q. No. Did it advertise? Yes. And I take it the tutoring took place right there at 2925? A. Q. A. Q. A. Yes. All right. Of course. And your mom did, as well? No. METSCHL & ASSOCIATES (716) 856-1906 Did you do some of the tutoring yourself?
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Q.
How many different people did tutoring services at the Mastery Center?
A. Q. A. Q.
Maybe fifty. Fifty? Fifty or more. Okay. You know, in looking at this matter, there's a Gordon Williams. Do you
name that keeps popping up. know who he is? A. Q. A. Q. A. Q. A. Q. Yup.
Was he ever involved in the Mastery Center? He was involved with Love TNATS Ministries. Okay. And what role did he have for the ministries? I don't know him that well.
I don't know.
So you have no idea what his role was? I don't know him that well. I understand that, but you have no idea what his role was for Love TNATS Ministries?
A. Q. A. Q. A.
No. Does he live in Buffalo? I don't know. Do you -I don't know him that well. lives. METSCHL & ASSOCIATES (716) 856-1906 I don't know where he
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Q. A.
Do you know if he lives in Western New York? Honestly, I don't know him. I thought he lived
someplace else, and then he was here too, but that's all hearsay. Q. Actually, I think at some point we found a telephone number. A. It was a Kentucky area code. You're saying I don't know
I thought it was Pennsylvania. Kentucky.
I'm thinking Pennsylvania.
him that well. Q. A. Q. Pennsylvania, Kentucky, it's all the same. I don't know him that well, yeah. Do you know whether Mr. Williams was involved in any other entities with which your mother was involved? A. Q. What do you mean? I mean, was he an employee or did he work or provide services for any other entity? A. I don't know him. I know -- because I think that's
where you're going, you're -- because he has the Crossroads entity. I know that. That she
transferred this thing to -Q. Okay. What do you know about his involvement with
Crossroads? A. He is involved with it. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q. A.
That's it?
Do you know what he does for Crossroads?
I think he owns it. Is he the sole owner? No, he is not. He is the owner, and there's
another -- Rosalind is the other owner. Q. A. Q. Rosalind Redfield? Yes. You said that your mother transferred something to Crossroads. A. Q. What did she transfer?
The lease from 75 Hickory Street on May 18th, 2010. How long have you known, in any capacity, Mr. Williams?
A.
I'm not going to -- I really don't know.
I kind of
met him in passing, so I don't really know him. Q. A. Q. A. Q. A. Q. I understand you don't know him well. I've seen him. Did you know anything about him ten years ago? No. Five years ago? No. So sometime in the last several years, three years or so? A. Maybe one. I don't really know him that well. METSCHL & ASSOCIATES (716) 856-1906
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Q.
All right.
What about Rosalind Redfield?
Do you
know her at all? A. Q. I know Rosalind. Okay. You know her better than Mr. Williams, I take
it, from your answer? A. Q. Yes. Okay. And you understand that she is a part owner of
Crossroads? A. Q. A. Yes. How long have you known Ms. Redfield? I've known her since she was eight years old, but I don't know how old she is now, but from the time she was eight. Q. A. She will appreciate that. From the time she was eight until, we'll just say recently, I -Q. A. Is she related to you? She is not related to me. My mother and her father
married for, like, a month. Q. A. Q. A. Oh, okay. All right.
And then they divorced. All right. And then I didn't see her, at all, ever -METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q. A. Q. A. Q. A. Q. A.
All right. -- until -So for a month she was a stepsister of yours? Yup, one month, just about. She was eight years old.
Did you live in the same house for a month? Yes. How long did you live in the same house? A month or less. Okay. They moved in my room, but they had a different last name at the time, so I didn't even know they were the same person, because she had a different last name. I didn't know she had gotten married. I didn't know
that she had children or anything about that. Q. A. Q. Did you stay in contact with Ms. Redfield after that? No. I saw her once.
How do you -- how did you get back in contact with her?
A. Q. A. Q. A.
My mother. When did that happen? I don't know. 1990s, 2000s? I don't know. It wasn't 2000. I don't know. I I can't tell you.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Q.
really don't know. Prior to the time the lease was assigned to Crossroads? Yes. Do you know the circumstances in which you came reacquainted with Ms. Redfield? Mm-mm. No.
Do you know of anyone else besides Ms. Redfield and Mr. Williams who had or has a role in Crossroads? Nope. As far as you knew it was those two people, Redfield and Williams that were Crossroads; is that right? Yes. Do you know anything about the work that Crossroads -- well, let me ask you this. when Crossroads came into existence? No. Do you know what work they performed prior to the assignment of the lease at 75 Hickory? Um-hmm. Okay. that? They were -- oh, I don't know. You mean before they What sort of work did they perform prior to Do you know
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came into 75 Hickory? Yeah. Yeah.
No, I don't know that. Okay. that? I don't know that. Okay. Did Ms. Redfield and Mr. Williams ever have a Do you know if they did anything prior to
prior business together? I don't know that. Do you know what Ms. Redfield did prior to becoming involved with Crossroads? I don't know that. Now, was Crossroads ever affiliated in any way with Love Thy Neighbor? No. Okay. So if anyone ever indicated that Crossroads
was the former Love Thy Neighbor, that's definitely not accurate, is it? That's not accurate. All right. And you don't have any financial interest
in Crossroads, do you? No. Okay. Okay. I take it you, on behalf of the Mastery METSCHL & ASSOCIATES (716) 856-1906
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Center did have some discussions with the owners of 75 Hickory prior to the Mastery Center entering into a contractual relationship with them? The diocese? Yes. Yes. So you had said that you had done work for the Mastery Center in 2008-2009, but you also did some work for the Mastery Center in lining up 75 Hickory? Yes. Were you primarily responsible for that, finding that space for the Mastery Center? Actually -Was it you or your mom or both? It was me doing a lot of the leg work, but it was her directing me to do the leg work. Okay. Sounds like a mother-daughter relationship.
So she asked you to do it and she would tell you things to do and what to do, and she would oversee what you were doing? Yes. Had you looked at other spaces? Yes. METSCHL & ASSOCIATES (716) 856-1906
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Q.
What were you -- what was the Mastery Center hoping to do at 75 Hickory?
A.
Well, what the Mastery Center actually did do at the 75 Hickory --
Q.
Actually, that's not my question.
What were you
thinking about doing when you were getting the space? Did it turn out to be the same thing the Mastery Center actually did? A. Q. A. Yeah. Tell me what that was. Renting space to the -- anybody who wanted to use it for even birthday parties and that type of stuff, and any educational type of activities that were -- so they wanted to do -- I think initially they were looking to do a daycare center and some tutoring, and renting space to anybody else who wanted to do that, and to actually establish their own -- to have their site there. Q. A. Q. A. Q. Okay. To move it from 2925 Genesee?
Um-hmm. So they would actually have some offices there? Yes. Why did they want to leave 2925 Genesee, if you know? METSCHL & ASSOCIATES (716) 856-1906
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A.
I don't know.
It wasn't -- I think it was just
because it was a bigger spot. Q. Okay. I'm a little unclear. Was the Mastery Center
interested in just getting the space and renting it out or were they also -- they were also -A. Q. A. Q. They were using it themselves. So they were going to use it as offices? Yes. They were going to do their own daycare or line up another vender to do the daycare? A. Q. A. Q. A. Q. A. Q. I don't know. Okay. That was a conversation, so I don't really know. There was a conversation? Yeah. Between whom? My mom and other people. You mean, it was something that was just being discussed and hadn't been settled? A. Q. Yes. Who did you first talk to about 75 Hickory? represented the diocese? A. Tom Peters. METSCHL & ASSOCIATES (716) 856-1906 Who
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Q. A. Q. A.
Did you ever talk to Tom before? I talk to Tom all the time. Okay. Tom was the Assistant Superintendant of the Diocese, overall the nonpublic schools, so --
Q.
All right. Mr. Peters.
And tell me about that communication with
A.
We were just talking and he told me the space was there.
Q.
Oh, so he is the one that first alerted you of the existence of the space?
A. Q.
Yeah. And who did you talk to next? parish? Did you talk to the
A.
Steve Roth, R-O-T-H. guy.
I never talked to the parish
Q. A.
There's a Father Herberger? Yeah, I didn't talk to him until after. Steven Roth
is the person at the diocese that handles leases. And also when they were looking for another space at this old St. Lawrence Building, so that was -- Steve Roth was looking -- they were looking at space there too. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q.
The Mastery Center was? Yes. And did -- the St. Lawrence Building was also owned by the diocese?
A. Q.
Um-hmm. And do you recall what you told Steve Roth about what the Mastery Center was interested in doing?
A. Q. A. Q. A. Q.
Yes. Okay. And what was that?
They wanted to do tutoring. Okay. See, tutoring was the underlying concept. That was the big -- there was a primary intention here, and that was to use it as tutoring?
A. Q.
Um-hmm. Did you -- by the way, did you tell Mr. Roth that you were an employee of the district?
A.
Yeah.
He knew I was an employee of the district,
because even when we were originally looking at the space at St. Lawrence, that was, at least -- that was a longer time ago. the district. Q. So when did you talk to Mr. Roth about St. Lawrence? METSCHL & ASSOCIATES (716) 856-1906 I've always been an employee of
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A. Q.
Maybe 2005, 2006, 2007. When you talked to him about St. Lawrence it was in your capacity as a Mastery Center representative, not as an employee of the district?
A.
As a daughter. mother.
Yes, it was as a daughter for my
Q.
Did it have anything to do with your role as a district employee?
A. Q.
No. And when you talked to Mr. Roth about 75 Hickory, did you tell him that the district was in any way interested in using that space?
A. Q. A.
I did. What did you tell him? I told him that maybe we could use it as the access center, but I didn't have any authority to do anything with it.
Q.
So when you said the access center, what you're referring to is the facility perform those services that you and I talked about at the beginning, the parent involvement and --
A. Q.
Yes. -- the teacher professional development for METSCHL & ASSOCIATES (716) 856-1906
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nonpublics? Yes. Yes.
So you had in mind that this was -- this might be good space to use for that purpose when you were first talking to Mr. Roth? Yes. Did you say anything else to him about what the school might do with the space? No. At this point had you talked to anyone else at the district about possibly using that space for the access center? No. All right. So who negotiated this deal between the I take it you and
Mastery Center and the diocese? Mr. Roth? Um-hmm. Was anyone else involved? My mother.
She -- did she actually talk to Mr. Roth as well? She might have. I'm not sure.
Did you have -- were you the primary interface -Yes. METSCHL & ASSOCIATES (716) 856-1906
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Q. A.
-- with Mr. Roth? Yes. Um-hmm. MR. ROONEY: Off the record.
(Whereupon, a recess was taken.) BY MR. ROONEY: Q. Did you have any -- was the Mastery Center, to your knowledge, working, at all, with Educational Enterprises? A. Q. A. Yes. What is Educational Enterprises? SES provider, supplemental educational services provider. Q. Prior to getting the space at the Mastery Center did Educational Enterprises do anything -- actually, let me phrase it a different way. Prior to the Mastery
Center obtaining the space at 75 Hickory did Educational Enterprises do any work for the Mastery Center? A. Q. No. But I -- no. I take it you were -- were you interested in
Okay.
having Educational Enterprises get involved at 75 Hickory? A. Yes. METSCHL & ASSOCIATES (716) 856-1906
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Q. A.
And I think you even told Steve Roth this much? Actually, I forgot that they originally wanted -when he asked about the Mastery Center it was actually Educational Enterprises, not the Mastery Center that wanted 75 Hickory Street.
Q. A.
Explain that.
This is news to me.
That's -- now that you said it, I'm thinking, oh, it was actually them who wanted it.
Q. A. Q. A.
Did you do any work for Educational Enterprises? I was working with them. When were you working for them? Not working for them, working with them. it was in 2009, early 2009. Actually,
Q. A.
What did you do with them? I was working to try to get a collaboration with the Mastery Center and Educational Enterprises for tutoring, because my mother does not tutor. tutored and -They
Q. A. Q.
It would be a good fit? Yes. So from around 2009 you began having some discussions with Educational Enterprises to get them to provide tutoring services to the Mastery Center? METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
Yes. Who at Educational Enterprises did you have contact with?
A. Q. A. Q. A. Q. A. Q. A. Q.
Dr. Glena Tyler and another guy. Do you know who the other guy was? I forget his name. Okay. I forget his name. And it had to do with the -I -Go ahead, ma'am. I have them. Yup. I'm sure you do. Is -- I'm showing you, just It
for the record, a type-written undated letter. just says dear Mr. Roth at the top. A. Q. A. Q. A. Q. Um-hmm. Is this something you typed, ma'am? My mother and I or I. Either you or you with your mother's help? Um-hmm. In number two it says in collaboration with
Educational Enterprises, free tutoring services will be provided to Buffalo public school students METSCHL & ASSOCIATES (716) 856-1906
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targeting students in the surrounding neighborhood. That was from Educational Enterprises. That's why I
wanted to -- I wanted to almost give you a back question when you asked why the Mastery Center wanted to move from 2925. They actually -- I think that the
Mastery Center wasn't really doing any tutoring, so there wasn't anything going on with the Mastery Center. When Educational Enterprises entered the picture, then that's when -- that's why they were coming, so Educational Enterprises would do the tutoring. So prior to moving to 75 Hickory the Mastery Center -Wasn't doing --- wasn't doing anything? Right. Because I was sick and I couldn't help my
mother to organize anything. That's helpful, so they really hadn't done anything up to that time? Right. They had aspirations of doing things? I think when Educational Enterprises came in, they METSCHL & ASSOCIATES (716) 856-1906
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came in almost as a helper to my mother, where I -because I had really bad exacerbation of the RA and asthma, so I was going back and forth to the doctor. I was really sick. There was no way I could help. I
was almost trying to coordinate something where other people could help my mom. Okay. Now, so number two refers to this free
tutoring service provided to Buffalo public school students targeting students in the surrounding neighborhood. Had you given some thought as to how
that was going to work? That wasn't my -- that was her role, Dr. Tyler. Dr. Tyler from Educational Enterprises? Yeah. I wouldn't know.
Although, this your letter, right? This was all suggested. None of this is actually
something that -- it wasn't, like, it was leasing the space yet. In addition to --
You were interested in leasing the space, right? Yes, but that was part of the requirements for the negotiation, was what possible things might you be thinking about to do in the space is what Mr. Roth asked for. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q.
Okay. So he didn't say you -- yes or no or -No, of course, you were giving him ideas. make it up out of thin air, did you? You didn't
A.
These are the ideas that people said they might want to do. Dr. Tyler, my mom, everyone. And maybe, that
might be been a possible spot for the access center. It was all might have been. Q. A. The other one you're referring to is three, right? Yes. And might have done a daycare, but these were
just thoughts. Q. It says the via contract with nonpublic school professionals will offer professional development activities. What you're referring to there is
something like, the access center that you've referred to, right? A. Yes. MR. ROONEY: All right. Okay. I think
I'll have this marked as Exhibit A.
(Whereupon, Exhibit A, typed letter, was received and marked for identification.)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. BY MR. ROONEY: Q.
(Whereupon, Exhibit B, lease agreement, was received and marked for identification.)
Showing you a document we have had marked as Exhibit B. Do you recognize this as the lease agreement
between the church and the Mastery Center? Yes. Okay. Who drafted the contract, do you recall?
Steven. Mr. Roth? Yes. Okay. And if you look at page twenty-two, I take it
that's your signature there? Yes. And you had authority to bind the Mastery Center to this contract, right? I guess, because I did. Okay. If you look at page three, the financial terms
of the arrangement are set forth here, correct? Yes. And so it was something that started thirty-two thousand dollars from December 1, 2009 and would METSCHL & ASSOCIATES (716) 856-1906
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increase each of the five years of the contract, right? Yes. All right. Okay. When you talked to Mr. Roth were
you in any way careful to try to separate your role as an employee of the district from your role as an employee -- as a daughter -- an -An agent? An agent of the Mastery Center? Definitely. What steps did you take to make sure the line wasn't crossed? I never told him that I had anything to do with the district in -- and he knew that. And how -- maybe you can explain what you mean by that. Well, when I would talk with Steven I would always let him know if I was doing this it was for the Mastery Center. This, being the contract for the Mastery Center? Yes. It had nothing do with -- absolutely nothing to
do with any district activities. Okay. Did you call -- did you talk to him from your METSCHL & ASSOCIATES (716) 856-1906
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own phone or from the district phone? My cell phone. Always your cell phone? Um-hmm. Okay. That's the number he has for me. What's your cell phone number? 440-7749, you know. Is your telephone number at work 816-3966? That's the broad number. Okay. Just a general number?
Um-hmm. Now, when you reached this agreement with respect to the financial terms, did you do some research to decide whether to -- to determine whether that was a fair price the Mastery Center was paying? I would say -- I don't think I did any of that. Okay. All right. So someone else, whether your mom
or someone else did that? Yeah, I was sick, so there was really -- at this time I was, probably, just facilitating a paper movement. Over what period of time -- I don't want to delve into your illness, but during what period of time METSCHL & ASSOCIATES (716) 856-1906
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were you sick? What happens with this particular disease is, it's progressive, so sometimes for a while you don't know you're sick. So in about October or November of 2008
I started to really get sick with allergies and having asthma attacks, and just very -- just a variety of different things. I had been in remission
with the RA prior to that, so I didn't know that it might be coming back. Um-hmm. So what happens is my joints would swell and I would be out for a little while. was just a big mess. This would happen -- it
Somewhere in October of 2008 is
where it started, but it is so insidious that it hits you at different times, so you really don't know. What happened I think was about June of 2009 I finally got to the rheumatologist. and forth to my primary. I was going back
So the primary, I would go
in and they would give me the Albuterol treatments, so I'm going back and forth to the primary, and they were treating it with Prednisone things. And they would give me a packet and I would be okay for three or four weeks. Then once the
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Prednisone packet went away, all the symptoms would come back again. back and forth. So in June the rheumatologist said I'm sorry, Deb, it's back in full force. So he put me on a So it was going back and forth and
continual Prednisone and put me back on Methotrexate and back on all of the medications to try to control it, but it's still not in control, even yet. Even today? Yes. Okay. And so you're saying, though, at the time this
lease was entered into on behalf of the Mastery Center, your -- your physical condition really prevented you from doing any research into -I was --- fair market value? No. Has that really been true since? Yes. So you really haven't been able to make those sorts of determinations since 2009? I have been -- I have really been under a lot of compromise in that regard, yes. METSCHL & ASSOCIATES (716) 856-1906
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Q.
All right. condition --
So even since November 2009 your physical
A. Q.
Has -Hold on. -- your physical condition has prevented
you from determining what is fair market value for the property? A. Q. Yeah. Okay. All right. So you enter the lease, I think What -- what does the Mastery
it's November 2009.
Center do with the space right away? A. Q. A. They moved their things in. The Mastery Center does? Yes. They started doing -- I don't know. I
really -Q. A. Q. A. Okay. I'm telling you I'm sick, so -That's what I'm asking. You will find that as of January or so, I'm even off the Mastery Center. sick. Q. A. Okay. So even though I helped them to move this as far as paper, I really wasn't able to do a lot of the things METSCHL & ASSOCIATES (716) 856-1906 I'm off everything, because I'm
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that -Okay. And was tutoring going on? I think -- I don't know.
I don't know. Okay.
You just would be guessing?
I would be guessing. All right. I don't want you to do that. When the --
at some point the lease was assigned to Crossroads, right? Yes. Okay. Do you recall when that happened?
May 18th, 2010. Okay. And did you participate in any way in that
assignment? What do you mean when you say participate? Did you sign the -What do you mean? Did you talk to Steve Roth? I put out with the parties -- I told Steve that one, I'm not involved with anything, but I tried to put the parties in the same room. What does that mean, you're not involved in anything? I wasn't working. I was sick and I wasn't working
with anything, so just like I'm telling you, I don't METSCHL & ASSOCIATES (716) 856-1906
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know what was going on. You weren't talking to Mr. Roth as a representative of the school district, were you? No. And you weren't talking to him as a representative of Crossroads, you were -No. -- talking to him as a representative of the Mastery Center? No, as a person who knew Steve Roth. to make him aware of Debbie Buckley. to him as me. Okay. Not a representative of anyone. Did you suggest to him that they sign the lease with a different entity? No, I asked him, because I was sick and because I wasn't involved with the Mastery Center and I had originally signed this with him, I asked him -- and I knew that I wasn't going to be able to help my mother, and I didn't know what was going to go on with anybody else, I asked him if he wanted to dissolve it or did they want to do a reassignment. METSCHL & ASSOCIATES (716) 856-1906 I just wanted I was talking
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He said after they all -- everyone else discussed it, they wanted to do an amendment. dissolve it altogether. I said
That's where I was at,
because I knew I wasn't going to be available to him or anybody else. I guess I'm confused. dissolved? lease? I don't know, but I was telling him I'm not there for him to call. He did call me, but I was really trying So therefore, whatever Why would the lease be
Why would the church have dissolved the
to tell him, I'm not in this.
happens from here, I'm not here as Debbie Buckley. So therefore, I just didn't want him to have anything else to say to me about it. Okay. on -That was one conversation. Okay. How many conversations did you have with him How many conversations did you have with him
about the assignment, just this one? The one. In person, on the phone? In person. So you actually went over to the -METSCHL & ASSOCIATES (716) 856-1906
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A. Q. A.
I met him. -- diocese office and met with Mr. Roth? I'm not sure if I met him there or someplace else, but I know I met him in person.
Q. A. Q.
Was anyone else present at that meeting? I think Rosalind was there. Okay. So it was you, Ms. Redfield, and I assume she
was there as a representative of Crossroads? A. Q. A. Q. A. I don't know at this point. Okay. I'm not sure what they were doing at the time. You don't know? I don't know if she was representing Crossroads at the time -Q. A. Okay. -- of the conversation. So if I told you that, I
would not be telling you the truth. Q. A. Q. A. Q. Who invited Ms. Redfield to attend the meeting? My mother. Okay. My mother might have been there as well. Okay. And what was the ultimate decision that was
made, if any, at this meeting? METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
They were going to do that amendment. Okay. So I guess I'm a little -- I'm unclear. Did
any tutoring ever take place -A. Q. I -Hold on. To the best of your knowledge did any
tutoring take place while the Mastery Center was on the lease to the property of 75 Hickory? A. I'm pretty sure -- I'm not sure. I'm pretty sure
something took place, I just don't know. Q. Did the district provide any services during that period of time at or -- or receive any services during that time at 75 Hickory? A. Q. When you say receive services, please clarify. Did the district in any way benefit from any services or operations that were taking place at 75 Hickory during the time the Mastery Center was -A. Q. A. Q. A. Yes. -- on the lease prior to the assignment? Yes. Okay. And what was that? They used the They used
I think some professional development. space. They used the space for storage.
the space to -- for deliveries, nonpublic deliveries. METSCHL & ASSOCIATES (716) 856-1906
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Q.
So some professional development, some storage and some nonpublic deliveries?
A. Q.
Um-hmm. And that was going on while the Mastery Center had the lease, right?
A. Q. A. Q.
Yes. Okay. Anything else?
Not that I can recall. Okay. I think you may have hit on this a little
earlier, but what storage -A. Q. A. When you -- when 64 Bailey was no longer available -Yeah. -- then when schools would request please remove this or please remove that, because I knew the space was there, and as a courtesy to the district, I said you can take it over there. Q. A. Okay. And I might have been overstepping my boundaries for the Mastery Center or whatever, because I just was helping the district. Q. A. Q. Okay. No. Some professional development took place there? METSCHL & ASSOCIATES (716) 856-1906 Was the district charged for that service?
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A. Q. A. Q.
Um-hmm. What professional development? The -- I wasn't there. Just based on your understanding, what you've been told.
A. Q. A.
Just doing professional development over there. For whom? For the nonpublic schools. The nonpublic schools
were using it for professional development activities. Q. A. Q. A. Q. Okay. I don't know exactly the details of it, I'm sorry. Why are you laughing? Just because --
Because I don't know, and I probably should know. Fair enough. nonpublic -So this would have been Title 1
A. Q. A. Q.
Nonpublic --- teacher development? Yes. And who was providing the teacher development services then, do you know?
A. Q.
Elaine Hayes, H-A-Y-E-S. And the district had a contract with Ms. Hayes at the METSCHL & ASSOCIATES (716) 856-1906
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time? Yes. Was it a contract that you had approved? I didn't approve contracts at that time. Was it a contract that you signed? No. Was it a contract that you had arranged in any way? Well, I put it together. Sure. Of course. All right. Now, did the district
pay the Mastery Center for that professional development work? No. In fact, there was no contract between the Mastery Center and the district, right? The district was receiving free use. You didn't answer my question. point. I understand your
I'm helping you out here.
No, there was no contract. The district had no contract with the Mastery Center, right? Right. And to your knowledge the district was paying Elaine Hayes -- you knew the district was paying Elaine METSCHL & ASSOCIATES (716) 856-1906
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Hayes directly for the teacher development work she was providing at 75 Hickory, right? And at 2925 Genesee, and any other spot. went to the school buildings as well. Did the Mastery Center have any contract with Elaine Hayes? No. Did the Mastery Center and Elaine Hayes ever exchange money at any time? No. Did Elaine Hayes ever provide professional development services prior to the -- for the district prior to the time 75 Hickory was made available? Yes. And where was that? provided? She used to work for BOCES. Okay. How about on her own? Where were those services She also
At the schools. Okay. So prior to 75 Hickory she would just do it at
the schools, the nonpublic schools themselves, or actually at the public schools? I don't know. METSCHL & ASSOCIATES (716) 856-1906
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Q. A.
Okay. Or at her home. developer. She did -- she was a professional
Q.
Bottom line, she was providing professional development services you're telling me prior to 75 Hickory becoming available?
A. Q.
Yes. All right. What -- the third thing you mentioned was
deliveries, nonpublic deliveries? A. Q. Yes. What -- what is that about? Is that the -- is that
the equipment that you referred to? A. Q. A. Q. A. Q. Um-hmm. So storage and deliveries is the same thing? Yes. Okay. Who drafted the lease agreement amendment? I wasn't involved with that.
I don't know. Okay.
When you -- you said you met with Steve and
you believe that Rosalind was there as well? A. Q. A. Q. Rosalind was there. Okay. My mother -And there was a decision about the arrangement. METSCHL & ASSOCIATES (716) 856-1906 What
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did you tell Steve was the reason why it needed to be assigned to Crossroads? I said it had to be assigned to Crossroads? Did you say anything about it? I was no longer going to be involved with it. Because of your sickness? No, I don't even know if I said that. I told them I That was
was no longer going to be involved with it. my recollection.
And you never said anything about whether or why the lease should be assigned to anyone? I don't remember. So what was the reason -- I'm unclear. Mastery Center want to assign the lease? Mastery Center dissolved in February of 2010, so it wasn't even in existence, so -- my mom is seventy-something, and she just didn't want anything more to do with it. All right. But the Mastery Center entered into a Why did the
contract just about six months beforehand for the space. Obviously there was some aspirations to do What happened during those six
some tutoring work. months?
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A.
Well, I think it was -- it had a lot to do with Educational Enterprises. There was some conflicts.
Q. A. Q. A. Q. A.
Between Mastery Center and Educational Enterprises? Yes. What sort of conflict? I don't know. You have no idea? I know that -- I do know there's conflicts, because there were just conversations going on. was a problem. I knew there
My mother didn't want to have too And it was
many more conversations with these guys.
just a lot of things and personality conflicts. Adult Ed was there as well. something there too. Q. A. Q. A. Q. A. Q. A. Who was providing Adult Ed? Adult Ed. Who was doing the Adult Ed? Yes. Using it for free? Yes. Where was Adult Ed provided before? I don't know, because I don't work in Adult Ed. I do know that they had one of the offices METSCHL & ASSOCIATES (716) 856-1906 But Was it school employees? They were doing
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specifically for the Adult Ed teacher and his -- and his supplies or his notes and everything he was keeping records with. And then they had installed computers and they had materials set up in there from, I'm going to say maybe January or February to the end of June. So do you know whether Adult Education was actually taking place there? Yes, there was. As a matter of fact, it was listed
as a site on the Adult Education brochure. Who made arrangements for Adult Ed to be there? The Adult Ed guy, I forget his name, and the Heart Foundation and the Mastery Center. And I take it someone asked you if it was okay? Asked me? Yeah. They didn't ask me. They asked your mom? They must have. It was between my mother and the I'm sick, so I can't That's why I was
Heart Foundation and Adult Ed. help all these people with this. taking that back road.
Anything that would have
taken place during this time I was really too sick to METSCHL & ASSOCIATES (716) 856-1906
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make the judgment call or any type of really serious -- that was one of the reasons I tried to get everybody together. I was too ill to make a real
statement in any kind of way. The storage, you said the equipment came over from the other nonpubs, right? Yes. And it was put in 75 Hickory, right? Yes. Did you okay that? Yes. Okay. Did you call the Plant Department to see if
there was somewhere else the equipment could go? Yes. What did they say? No. Who said that? Sue Yeager. There was nowhere else to go? We couldn't use 64 Bailey, and there's no other places to put this stuff. So Sue Yeager said not only can you not use 64 Bailey, but there's no other building you can put METSCHL & ASSOCIATES (716) 856-1906
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that stuff in? No one told me of any. Wait, I -No one said you can't use this and use this, so -Did you ask? I don't -- I just -- no, I didn't ask. You just put it in 75 Hickory? No, I just didn't -- I didn't know where else. not a plant person. Wait a minute, I thought you talked to Sue Yeager about this? If she says no, you can't bring it to 64 Bailey, because you can't bring it, I don't know to say jeez where else. I'm -I'm
Why wouldn't you know that? Because I'm thinking, well, you -- if you're plant -if you called me about Title 1, no one has to ask me -- point to questions about Title 1 activities. If you're the expert of that area, you tell the person what their needs are. So my thought is if we are calling you and we're looking for a place to deliver things to, you have to tell me where to send it to. METSCHL & ASSOCIATES (716) 856-1906 I'm not going
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to be reaching into that. The bottom line is, you didn't ask if there was any other space, did you? No. And she didn't tell me either.
Did the Mastery Center to your knowledge use any of the equipment that was being stored there? Yup. So it wasn't just sitting in a closet, it was being used by the Mastery Center? Yeah. It can be used. You can do that. I asked if it was
I didn't ask if you could do that. being used. Yes.
Did the Mastery Center get charged for the use of that equipment? Mm-mm. What sort of equipment was the Mastery Center using? Chairs. Anything else? Tables. there. I don't even know if chairs and tables was I know there was some computers there. So
they might have been using computer chairs and tables. METSCHL & ASSOCIATES (716) 856-1906
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A. A. Q. A. Q. BY MR. ROONEY: Q. All right. one.
MR. CAMBRIA: MR. ROONEY:
Don't guess. Let's take a quick break.
(Whereupon, a recess was taken.) MR. ROONEY: Let's mark this as the next
(Whereupon, Exhibit C, requisition form, was received and marked for identification.)
Ms. Buckley, I'm showing you a document And it's a document that's There's a signature near
that's marked Exhibit C. entitled requisition form. the bottom left. signature. Um-hmm.
I -- it appears to be your
Is that yours, ma'am?
Do you -- can you tell me what's going on here with this requisition form? January of 2010, right? Um-hmm. And the Mastery Center has the lease at this time, right? Yes. METSCHL & ASSOCIATES (716) 856-1906 It appears to be dated
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Q.
And there's a whole bunch of property that appears to be set up for delivery to the -- what's called the nonpublic academic center?
A. Q. A. Q.
Um-hmm. What's the nonpublic academic center? Access center. What's code five hundred? that is? Do you have any idea what
A. Q. A. Q.
75 Hickory Street. Code five hundred is -Assigned by the district. How do you get a code assigned to a particular location?
A. Q.
The Purchase Department. So at this point the district is recognizing this facility as a nonpublic academic center?
A. Q. A. Q.
Yes. Did you make any arrangements for that to happen? Yes. Okay. And you obviously made those arrangements, you
know, by no later than January of 2010, right? A. Q. Yes. Now, what was this equipment being sent to 75 Hickory METSCHL & ASSOCIATES (716) 856-1906
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for, do you know? The professional development activities. Okay. So there's a TV --
They never delivered that. That was never delivered? Mm-mm. Did you follow up to see why it wasn't delivered? No. To your knowledge a TV was being purchased and it was going to be sent to the Mastery Center? 75 Hickory, yeah. Okay. For professional --
This was for professional development. For Elaine Hayes? Yes. No, not just her, anybody, like, if any
nonpublic school wants to -- I thought they might need a place to sit. Did Elaine Hayes have any role, at all, in the Mastery Center? No. Does she have a Mastery Center e-mail address? I don't think so, no. Okay. METSCHL & ASSOCIATES (716) 856-1906
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A.
I think the only person that had a Mastery Center e-mail was me, and I made one up. MR. ROONEY: please? Can I have that marked as D,
(Whereupon, Exhibit D, contact list, was received and marked for identification.)
THE WITNESS: BY MR. ROONEY: Q.
I didn't know about that.
This is an e-mail list that was obtained from the district, provider e-mail address, and obviously you see here that Educational Enterprises and Elaine Hayes has assigned to them MasteryCenter@yahoo.com. Is that the e-mail you made up yourself?
A. Q. A. Q. A. Q. A. Q.
That's my e-mail address. Okay. That's why I said I didn't know anything about that. Did anyone at the Mastery Center use that? No one. Even your mom? No one. Did you have any role in updating this e-mail address METSCHL & ASSOCIATES (716) 856-1906
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list? No. Do you have any idea who would have put MasteryCenter@yahoo.com? It is typical of -- I'm not going to do anything but say no. MR. ROONEY: Let's mark this as E.
(Whereupon, Exhibit E, August 2010 purchase order, was received and marked for identification.)
BY MR. ROONEY: Q. All right. Ms. Buckley, I'm showing you a document This appears to be a purchase
marked Exhibit E. order. Yes. Okay.
Is that signed by you in the lower right?
And it appears to have been signed October
26th, 2010? To cancel it. To cancel it? Yes. Okay. So you think there was another purchase order METSCHL & ASSOCIATES (716) 856-1906
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that was signed at a prior time before it was cancelled? No, there was no request -- they didn't request -there was no payment to be made. Okay. That was made in error. Do you remember the circumstances behind this purchase order at all? No. Are you just guessing as to whether payment was made? I know no payment was made. Okay. But I don't really remember this. Now, the certificate that you signed doesn't say that you certified that it was cancelled. It actually
says, I hereby certify that the articles or services listed above were actually delivered to or rendered to the Board of Education. When you cancel a purchase order you have to sign it as if even you were signing it for receipt. Okay. So this was signed to cancel. So would the purchase -- before you signed it -- when METSCHL & ASSOCIATES (716) 856-1906
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the purchase order was first formed, someone signs the purchase order, right? I guess. No. No. No. No. They sign a
requisition. Okay. So people don't sign purchase orders?
Only to pay them or to cancel them. Okay. All right.
This was signed to cancel. So the purchase order is created and then it was cancelled, you signed it and dated it? Yes. Okay. So you don't know -- you don't recall why this
purchase order was ever put together for building maintenance and usage fees? They probably asked -- Rosalind probably -MR. CAMBRIA: MR. FURLONG: BY MR. ROONEY: Q. At this point Mastery Center is no longer on the lease? Right. Is this a nonpublic academic center? I don't know why this is messed up. That's why I Probably? Don't guess.
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cancelled it.
I don't know what they were doing.
Why was it messed up? There was no vender. I mean, I'm looking at it and
I, like, didn't know how it existed in this world here. Okay. All right. MR. FURLONG: reflect it, it should. Jim, if the record doesn't The inscription where it says
cancel -- on Exhibit D where it says cancel, that is Debbie Buckley's handwriting. BY MR. ROONEY: Q. Okay. So the assignment takes place to Crossroads. At that point does the -- well, Does the district use
All right.
Crossroads is on the lease.
the facility for any purpose? They are still using it. Still using it for the same purpose? They had the supplies there, deliveries there. did a pilot summer program there. And the district paid for the summer program, didn't it? Yes, they paid the individuals to work and sell the program and paid, at the time, Crossroads for the METSCHL & ASSOCIATES (716) 856-1906 We
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afternoon portion of the services. And who authorized that? I did. And was there a morning -- were there morning services in the summer as well? Yes. Who provided those services? Elaine. Okay. I asked her to oversee it. Okay. So she provided -- did she provide the morning
services and Crossroads provided the afternoon services? They were supposed to. Were there contracts entered into for those services, to your knowledge? Yes. Okay. I can show you, but do you recall the
purchase -- do you recall paying each of those entities seventy-five hundred dollars for their services that summer? What's that? The district -METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
Yes, it was whatever was agreed upon. Okay. And what did you know about the services that
were being provided over the course of the summer? A. They were supposed to do academic math and reading services in the morning and enrichment activities in the afternoon. Q. A. What are enrichment activities? Like, enrichment. reading. Q. A. Q. You're not sure? Yeah, I'm not sure. Okay. are? A. Q. Anything that's not math, academic. For example, what would some enrichment services be? Can you give me an example of an enrichment service? A. I don't know, painting, swimming. not academic. Q. Okay. So that -- do we know how many students Anything that's I don't recall. Other things that aren't math and
You really don't know what enrichment services
attended in the summer? A. Q. A. Um-hmm. How many? About twelve, thirteen. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q. A.
Okay.
How do you know that?
Because Elaine gave me a list of the students. Okay. And did you have to pay for each student or --
I don't think so. MR. ROONEY: this. I want to be clear about
Let's have this marked. THE WITNESS: MR. ROONEY: Did I -Let's mark this.
(Whereupon, Exhibit F, E&M Enterprises, Inc. August 2010 purchase order, was received and marked for identification.)
BY MR. ROONEY: Q. I'm showing you a document that's been marked as Exhibit F. Do you recognize this as a purchase order
that you signed, ma'am? A. Q. Yes. Okay. And so -- here, actually, similar to what you
were just telling me, as opposed to saying cancel, this one has handwriting saying it was paid? A. Q. Yes. And that's probably the time you signed it, Debbie METSCHL & ASSOCIATES (716) 856-1906
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Buckley, 8/19/10; is that right? Um-hmm. That's right? Yes. Obviously it says here -- well, the vender is E&M Enterprises, that's Elaine Hayes's business, right? That's her mother's business, which I found out after the fact. At the time you thought it was Elaine's business? Yes. What's her mother's name? I don't know her mother's name. I didn't even know
if she had authorization to work as the -MR. FURLONG: BY MR. ROONEY: Q. Did you have any communications with Elaine Hayes about this arrangement? What do you mean? Well, about E&M Enterprises doing a summer registration fee for twenty students. I asked her to do that. Did you have to get authorization from anyone else in the district to make that arrangement? METSCHL & ASSOCIATES (716) 856-1906 Just you didn't know.
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A.
No, besides Dr. Oladele, just making her aware that we're doing a summer program.
Q. A. Q. A.
And you didn't need a contract for this? It's a registration fee. Okay. You don't need a contract for registration fees. don't think. If that was done, it was a mistake. I
Q. A.
If there wasn't a contract? If it was needed and I didn't do it, then I didn't know to do that.
Q.
I guess I'm unclear.
Are you paying for the
registration fee or the actual services? A. Q. I don't really remember at the time. Well, what was -- do you know what E&M Enterprises was doing? A. I know they were supposed to be doing reading and math. Q. A. For whom? For some students. summer program. Q. And you asked them to put that program together, right? A. I asked them to put the program together, right. METSCHL & ASSOCIATES (716) 856-1906 And they were to put together a
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Q. A. Q.
And it was for Title 1 nonpubs? Yes. So you weren't really just paying for a fee, ma'am, were you?
A. Q.
Pardon me? You weren't just paying for the fee, you were paying for the services, correct?
A.
I see where you're going. you're trying to say.
This is a contract is what
Q.
Well, the district was paying for the services, not for the fee, right?
A.
Well, that's what she proposed to me. you why it was that way.
I can't tell
Q.
Was there some reason you wanted to avoid going through the process of entering into a contract?
A. Q.
No.
I didn't even know I was avoiding it in a sense. All right. So anyway, the payment was
Okay.
supposed to be twenty -- three hundred seventy-five dollars for each student, right? A. Q. Yes. And you're telling me that you think twelve showed up? A. I don't know. I said from my -- if you were to show METSCHL & ASSOCIATES (716) 856-1906
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me the students, I would know. twenty-five. I don't know.
It might have been
Why did you tell me earlier it was twelve or thirteen? I was guessing. I'm going to assume you're not guessing unless you tell me otherwise. I was guessing. You agree the district shouldn't pay for twenty students if less than twenty showed up, right? I would agree that they -- that she shouldn't have billed for twenty students if less showed up. And if you knew that less than twenty showed up or someone knew that less than twenty showed up, the district shouldn't have paid it, regardless of what this invoice said, correct? Yes. Okay. So let me try to get a better feel of what the You're saying even after
facility is being used for.
the assignment of the lease it's still being used for all the same purposes as when the Mastery had it, but there's additional things, this summer program that you made arrangements for, correct? METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
Say that again, please. Let me put it another way. in the summer, right? A summer program goes on In
What happens in the fall?
the fall of 2010 is that facility at 75 Hickory being used for storage, professional development, all those things we talked about before? A. Only nonpublic professional development, and the storage of the materials, only because there was so many materials there. Q. Okay. All right. So at some point the district
enters into a contract with Crossroads, right? A. Q. Um-hmm. Can you tell me the circumstances of how that came about? A. There were so many materials there. My role had gotten overloaded with the persistently lowest achieving schools, JIT reports, joint intervention team reports. My role in the
district started to evolve under Dr. Oladele to things that were different, which were new to the district that was not there prior, such as the PLA schools coming in. So in September and October and
November -- they actually started in August and in METSCHL & ASSOCIATES (716) 856-1906
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July started to identify these schools as PLA schools. And Dr. Oladele started giving me a lot of
responsibilities relating to the PLA schools. Okay. And at that point in time I really was working only on the PLA schools and the JIT reports and those things. So I was pushing this stuff to the side. Anything related to nonpublics I was pushing to the side, because there was nobody in the job until Jamie got in the job. over the job. I was looking for someone to take
When Jamie finally got the job, we
finally hired her -Was she in the district before? Yes, she was working in professional development for the ARRA funds. Okay. So she was already in the district. And we went
through the process of hiring someone to do this work to -- because it had to get done. So we --
So your role remained vacant for that time? Yes. It was difficult to get the role filled,
because of a lot of things in the district going on. METSCHL & ASSOCIATES (716) 856-1906
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Ultimately what happened is this -- as Jamie came in, she is already a staff developer, so that was one of the reasons I wanted to select her, so she could pick up and do the things that -- she is a staff developer, the hole was in staff development, so that's why I wanted to pick her. the reasons. That's one of
In addition to her -- she was very
organized and she would do things in an organized fashion. She would compliment the things that I was
pretty weak in. When she came in, she started doing professional development. that well. You weren't overseeing it that well until she came in, because you were distracted with these other -Even when she came in I gave her the assignment to -Let her run with it? This is what I need done. You're behind the eight I wasn't overseeing it
ball, you can talk to me as much as you want to, but I need you to take the helm of this. Then along the way, Crossroads called me.
Rosalind.
And she said listen, the district has METSCHL & ASSOCIATES (716) 856-1906
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every room in here, they have all their stuff here, and is there any way we can get payment for it. What did you tell her? Yeah. Okay. Yeah. Okay. Did you at that point maybe make any effort to You told her that right in that phone call?
call someone else and say maybe we should find some other space for this equipment? I talked to Dr. Oladele. What did she say? She approved it. When did you talk to her? I met with her every week. which day it was. Shortly after, I assume, Ms. Redfield called you? Yup. Okay. All right. So what happened is Ms. Redfield I don't know exactly
calls, says hey, you got all this equipment here, we're not getting paid, this doesn't seem fair? It was exclusive to the district. there. Everything in
There was nobody else utilizing the facility So because the
besides Crossroads and the district. METSCHL & ASSOCIATES (716) 856-1906
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things were already there, that's the reason I thought -- I said well, it's already there. decent spot. Let's look at this facility. It's a Let's
get -- because even IT was looking at it and saying we might get some district activities in here. We
wanted to get parent involvement activities in there, tutoring, things for kids. a community site. Dr. Oladele didn't have a problem with it. I We were looking at it as
spoke with Dr. Williams and he didn't have a problem with it, so I didn't see a problem with it. Okay. When the lease was assigned to Crossroads We
there was already some district equipment there? talked about this earlier, correct? Yes.
So when Crossroads came in, they knew that there was going to be district equipment in the facility, right? I don't think they knew that that was district equipment. Fair enough. I don't -- it could have -- I don't know. You don't know what they knew, frankly? METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
I didn't have any idea what they knew. Did you have any conversation or anyone else at the Mastery Center have any conversation with them about the equipment that was at 75 Hickory?
A. Q.
No. Now, the district paid Crossroads for work previously?
A. Q.
For the summer program. For the summer program. about the arrangement? Did you talk to Barb Smith
A. Q.
Barb Smith about what arrangement? About the arrangement of paying Crossroads for use of the facility.
A. Q. A. Q.
I did. Okay. Tell me about that.
Hold on. This is where it gets interesting. MR. FURLONG: Take your time.
We need a minute.
(Whereupon, a recess was taken.) BY MR. ROONEY: Q. I was asking you about a conversation with Barb -just to be clear on the record here, Barb Smith, about the proposed contractual arrangement for METSCHL & ASSOCIATES (716) 856-1906
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Crossroads, and you did have a conversation with her? Yes. You're looking at a document. This one. When I would meet with Dr. Oladele or
Barbara Smith I would prepare what we were discussing prior. Okay. Yup.
Nonpublic schools probably, January 2010, because I wasn't even in a position, and I never met with her in January of 2010. It was probably you forgot to change the year? It was probably 2011. Okay. In here we discussed facility cost. That was part of
the things we discussed, and went through all these other elements. Cost was one of them.
By facility cost, that's the only -That's the only facility that I had. Can I have a copy of this before we're done? MR. FURLONG: She has some scribble on
the back unrelated to this. MR. ROONEY: MR. FURLONG: We'll just copy the front. Okay.
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(Whereupon, Exhibit G, meeting agenda, was received and marked for identification.)
MR. ROONEY:
Okay.
For purposes of the Labeled as Exhibit
record we have marked Exhibit G.
G is the agenda that Ms. Buckley brought with her today. Do you recall anything about the conversation
that you had with Ms. Smith? MR. CAMBRIA: THE WITNESS: I have to leave. Yes.
Tell me what you remember. I was talking to her about the different facilities. I talked to her about the nonpublic access center. talked to her about the 64 Bailey situation. Okay. Now -- so at this point, January of 2010, had I
the idea yet been raised about entering into a contract with Crossroads for use of the space? I'm not sure. Okay. I'm thinking yes. I'm thinking yes.
Are you guessing again? MR. FURLONG: Are you talking 2010 or
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2011? THE WITNESS: MR. ROONEY: This is actually 2011. I misspoke.
Let me ask the question again. MR. FURLONG: MR. ROONEY: Timing does matter. Yes, it does.
As of the date of this conversation, which was according to your document and your recollection, sometime around January 21, 2011, was -- were you talking to Ms. Smith about a proposed contract between the district and Crossroads for use of the space at 75 Hickory? THE WITNESS: BY MR. ROONEY: Q. A. Q. That came later; is that right? I'm not sure. Did you ever talk to Barb Smith then about the proposed contract between the district and Crossroads for use of the space? I'm going to say, probably. MR. FURLONG: THE WITNESS: Don't guess. I'm going to say I talked No.
with Dr. Williams and Dr. Oladele, because I had more METSCHL & ASSOCIATES (716) 856-1906
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conversations with them about the proposed contract. BY MR. ROONEY: Q. You remember specifically you did not or you just don't recall? I just don't recall. All right. All right. So my understanding of what
you're telling me, Ms. Redfield calls -- do you know when Ms. Redfield called to suggest that -I don't know. -- Crossroads be paid for the use of the space? I don't remember. It was sometime presumably after January of 2011? I'm thinking it was before. Any better idea than before January of 2011? No better idea. And she asked if the district would pay, you said yes. And then you went to confirm that with Dr.
Oladele and Dr. Williams, right? No. What I normally do --
Okay. -- when I'm speaking with any vender, is I will say to them I will pass this by Dr. Williams and Dr. Oladele and then I'll let you know, but probably yes METSCHL & ASSOCIATES (716) 856-1906
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or no. In this case since the materials were already in the building, professional development was being paid for by the district for teachers to do professional development there at the time, I'm saying, probably, yes, you're going to get something for using the building. Do you have a specific -And I also told them -- and any time I talk to a vender, I have to pass it by the superintendant, and I meet with them weekly. Do you have a specific recollection of saying that in this conversation with Ms. Redfield? Yes. When I asked you earlier about this you just said that you told her yes, we will pay you? Um-hmm. That wasn't a fully accurate answer? I did tell her, I said yes, but I have to pass it by Dr. Oladele and Dr. Williams. elaborate. Okay. So then you did pass it by those two people I just didn't
and they approved it? METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
Yes. All right. And how long -- how long after she called
you did you pass it by them? A. Q. Probably immediately. Okay. And did you immediately then start the process
of getting a contract and -A. Q. A. Well, let me tell you. Okay. Tell me.
When I said immediate, for a lot of people immediate is one thing, but when you have rheumatoid arthritis, immediate can be a few months.
Q. A.
Were you off work? No, I was working through the illness. What one
person can probably do in say, two or three days, the illness actually can push something to two or three months to just get the same task done. Q. A. Okay. So consequently I might shelf this and then come back to that. Especially if you happen to have something Some of the other This
like these JIT reports coming out.
requirements were taking precedence over this. is a side situation. all, for the district.
This was not a priority, at And it was not a priority, at
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all, for me in my role at the time. Okay. By the way, when you spoke with Dr. Oladele,
did you mention that at one point in your life you and Ms. Redfield were stepsisters? No. And did you -- were you ever -- did you ever reveal that to anyone at the school district? I didn't think it was relevant, because one -MR. FURLONG: THE WITNESS: BY MR. ROONEY: Q. A. Why did you think it was not relevant? Because I never saw her. I never met -- I hadn't Yes or no? No.
seen her in years, since she was eight years old. All right. She is really not my stepsister is my point. Okay. If she were your stepsister you would agree
you would have an obligation to -Yes. -- reveal it? Yes. Oh, yes. If she was, yes. Let's have this marked as
MR. ROONEY:
the next exhibit, please. METSCHL & ASSOCIATES (716) 856-1906
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(Whereupon, Exhibit H, Crossroads Contract, was received and marked for identification.)
Showing you a document that's been marked as Exhibit H. Do you -- this appears to be -- at least, the
first page appears to be a contract checklist? Um-hmm. Is that your signature at the -Yes. Three-quarters of the way down? Yes. Okay. And what are you signifying by signing that,
that you're approving the contract? No. All of the elements for a contract were there. And who are the other signatures here?
Okay.
Dr. Oladele and Dr. Williams. That's Dr. Oladele's signature? Yes. And that's Dr. Williams, below? Yes. Now, I see Barbara Smith signed this? METSCHL & ASSOCIATES (716) 856-1906
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A.
Dr. Williams signed for Barbara, and then she initialed on the bottom.
Q. A. Q.
That's where it says okay B. P.? Yes. Does the chief financial officer have to sign all of these checklists?
A. Q.
Yes. Why is it that Dr. Williams signed this on her behalf? Do you know?
A. Q. A. Q.
She wasn't there that day. Okay. Mm-mm. Was there a reason why you didn't wait for her to come back? Do you know where she was?
A. Q.
I don't know. Did you -- was it you who presented this to Dr. Williams?
A. Q.
Yes. Was Ms. Smith -- had you made Ms. Smith -- prior to your having Dr. Williams sign it, had you made Ms. Smith aware of this proposed contract?
A. Q.
Probably. All right.
I don't know. Have there been other occasions where you METSCHL & ASSOCIATES (716) 856-1906
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had Dr. Williams sign a contract checklist? Yes. Okay. Was it unusual for you to go ask Dr. Williams
to sign a contract checklist rather than have Barb Smith sign it? No. Now, after Dr. Williams signed it, did you make sure that it went back to Barb Smith to make sure she signed it as well? Yes. What was the point of having Dr. Williams sign it at all? I don't know. You're the one who brought it to her, right? It was just part of getting work done. getting work done. things along. You had waited, according to what you testified -you didn't testify, but what you said earlier, three or four months? What did I tell you about that? I also told you It was
It was nothing more than moving
that's kind of what happens when you're fighting a disease. METSCHL & ASSOCIATES (716) 856-1906
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 know? A. Q. A. Q. A. A. Q. A. Q. Q.
As a matter of fact, at that four or five portion, I did go out sick somewhere around there. had pneumonia somewhere near there. around that time. I guess my point is if you waited that long, why didn't you wait another day for Barb Smith? It was nothing personal. All right. I don't know why. I was very ill I
So the -- the checklist is attached to
the contract; is that right? Yes. Is that how they are normally assembled, you have checklists and the contract is attached to it? Yes, sir. Who prepared the contract? I don't know. You didn't, did you? I might have, or I might have had one of my secretaries do it for me. MR. FURLONG: Only if you know. MR. ROONEY: I agree with Rich. Do you Just answer if you know.
THE WITNESS:
I don't recall.
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MR. FURLONG:
Then that's the answer.
Does your office ordinarily prepare the contracts in these circumstances? Yes. It's not the -- it usually didn't come from the vender, it comes from your office, right? Yes. Do you have any -- never mind. Now, just looking at the contract, the second page of the contract near the top it identifies Ms. Redfield, and it states that she is the building manager at 75 Hickory Street. she held? I don't know. I don't know if within Crossroads they I don't know. Is that the position
gave her that designation.
Was it your understanding that she owned Crossroads? At the time I knew she had something to do with it, because she signed for it. Okay. And whenever you dealt with Crossroads, you
had always dealt with her, right? Um-hmm. She was the only person I knew.
How about Gordon Williams, was he involved with METSCHL & ASSOCIATES (716) 856-1906
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Crossroads? I guess he is. MR. FURLONG: BY MR. ROONEY: Q. A. Q. Why do you guess he is? Because you told me that. Prior to you walking in today do you have any reason to believe that Gordon Williams was associated with Crossroads? Now I do. That wasn't my question. today -Yes. So you did have reason to believe he was associated with Crossroads? Yes, but not at the time of this. When did you learn he had something to do with Crossroads? Somewhere along the way. recall. So you said that you had kind of charged Jamie with the task of running with this; is that right? Um-hmm. METSCHL & ASSOCIATES (716) 856-1906 I don't know. I don't Prior to walking in Don't guess.
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Q. A.
Yes? Yes. MR. FURLONG: Jamie? THE WITNESS: Cohen. Do we have a last name on
BY MR. ROONEY: Q. A. Q. A. Q. Who negotiated this contract, you or Jamie? I did. Why did you do it? I don't know. You said you are very busy, but you chose to handle this? A. She could have. too. She had a lot of things on her plate Nothing
I had thought I was helping out.
personal. Q. A. Q. A.
I just thought I was helping out.
How did you agree on the financial terms? Based on the amount of money that Rosalind asked for. Okay. And she thought she should get more, but I tried to bring it down, because I thought it would -- what would be fair. the district. I was looking for something fair for
Q.
How did you determine whether it was fair or not? METSCHL & ASSOCIATES (716) 856-1906
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A. Q. A. Q.
I just thought it was fair. Okay. It was just my own concept. Were you aware that it was more than the Mastery Center was paying for the -- was going to pay for the same space at the same time?
A. Q.
I thought it was equal. You thought it was equal. it fair? And that would have made
A. Q.
That's what I was trying to make it, fair. So what you really did in terms of fairness is tried to make it the same as the Mastery Center's fee schedule; is that right?
A. Q.
The contract fee, yes. Yes. And -All right. Let me show you Exhibit B again.
A. Q.
I saw it. Yeah, but I want you to look at it now. getting confused. I guess I'm
Not the first time in my life.
A. Q. A. Q.
You and me too. There you go. We all know where we're going, but let's go. There you go. The Mastery Center contract and it -METSCHL & ASSOCIATES (716) 856-1906
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Exhibit B provides that -MS. TORCELLO: MR. ROONEY: MR. FURLONG: THE WITNESS: MR. ROONEY: BY MR. ROONEY: Q. Year three commencing on December 1, 2011 and ending on November 30, 2012, thirty-six thousand annually payable in twelve-month installments of three thousand dollars. That's what the Mastery was going Page two.
Thank you. I think it's page three. Page three. Yes, you guys are right.
to pay from December 1, 2011 for another year, right? You don't disagree with that, right? No. And the year before that from December 1, 2010 to November 30, 2011 the Mastery Center was going to pay thirty-four thousand dollars? Okay. All right. So you would arrange here that the
district was going to pay thirty-six thousand dollars during that same period, right? I know why. What's the explanation? METSCHL & ASSOCIATES (716) 856-1906
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A.
There was a telephone and a copier or something, and that's what she asked me about, the telephone and copier. That's why it was a little more. It wasn't
the rent or whatever. Q. Was there ever a separate arrangement for the telephone and copier? A. I don't remember. That's why when you're asking me It
about the difference, I think that's what it was. was a discussion about the telephone and copier. Q. Okay.
So your determination that the figure was fair
was based on the fact that you had as close to what you negotiated when you were negotiating on behalf of the Mastery Center? A. Q. Yeah. Yes. The contract, going back to Exhibit H,
All right.
ma'am, why don't you just take a look at the first page of the contract. It says provided room rental Why -- what is that
as requested for district IT. about? A.
Jamie -- when I had mentioned that Jamie was doing all of these -- bringing in people from the district to look into the facility for possible use, I actually met with Sanjay. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q. A.
Who is Sanjay? Sanjay Galani. Is he an IT guy from the district? Um-hmm. And he had asked if the IT Department could And then I
use it or set up something there.
thought, well, if the district is going to use the facility -Q. A. Um-hmm. -- maybe -- you know, so that was the reason was if they were going to use it they would be able -- if he wanted to they could come in or out. conversation about it. Q. A. Q. A. You and Mr. Galani did? Yes. Do you know whether he ever did use it? I don't know, because I wasn't there. in there. Q. A. I know he went We had a
He wanted to use it.
I do know that Bill Russo was in there.
Who is Bill? Bill was the Supervisor of Technology or something. And they were arranging for drops to be put into the building. them. They were drops for -- what do you call Those types of things. So therefore,
The Internet drops.
They were looking at it that closely. METSCHL & ASSOCIATES (716) 856-1906
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since they were looking at it that closely, I thought let's not leave them out. Okay. The same paragraph refers to Title 1 N and D What is that? I asked Jamie to work on
programs.
Neglected and delinquent.
the neglected and delinquent program there. What is the neglected and delinquent program? For children who have been incarcerated. And a homeless program service, do you know what that refers to? Homeless kids. Okay. Anything -- anything that could possibly help the kids and help the community. All right. I didn't want to scale it down so that she would say oh, well you only said this. I wanted it to be open I
to whomever might want to use it at the district. didn't want it to be, like oh, you only said these guys were coming. Okay.
Was it okay for Title 1 money to be used for
IT, to your knowledge? No. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q. A. Q. A.
It was not? No. Okay. And why do you say that?
You said IT. Yes. Right. It's not Title 1? You said is it okay for Title 1 money to be We do pay for technology integration We pay for other types of IT. We don't use it for IT. You said
used for IT. specialists.
specifically IT. Q. Okay.
So how was -- where was the money going to
come from for the IT work that was made reference to in the contract? A. The IT Department was going to do some professional development. Q. Okay. So what does that -- and they were going to do
professional development for teachers? A. I -- that's what we had talked about doing, professional development. Q. So as a result, then it could come from Title 1 money, because it was still professional development? A. Q. It was professional development. So what did they have in mind, computer -- some sort of computer -METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
We didn't get that far. So when -- when Mr. Galani contacted you, that's really what he was proposing, professional development work be --
A. Q.
Because -Let me finish my question. -- professional
development work be done by his department? A. What I was going to tell you is we were discussing the potential of -- WNED now covers some things. he wanted to look into the future. And
So the reason why
I'm here is I was putting that into this particular contract was in the future. There are times you might have something funded with Title 1 funds and you have to go back and have it funded by district funds. Same thing. You
would have to go back and then have a different fund line if it's a violation. It's not like it was stated well, we're going to do IT here and it's going to be a violation of Title 1 rules. It was set that if IT came in -- if
IT wanted to come in, it was available for them to come in. place. METSCHL & ASSOCIATES (716) 856-1906 Then another discussion would have taken
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Q. A.
As to the funding? As to the funding, yes, if it was something that needed to be. development. MS. TORCELLO: Bill Russo? THE WITNESS: Yes. He is a district employee, But Bill Russo does professional
BY MR. ROONEY: Q. A. Q. A. Q. You said he is Supervisor of IT? Supervisor of something. He may not be IT? He is IT. Okay. right. A. Q. Please. I don't blame you. So the lease was entered into -Okay? He is in that department. So the -- let's move on. All
All right.
the contract is entered into with Crossroads. A. Q. A. By Dr. Williams and Ralph Hernandez -Right.
-- board President approved it, and Dr. Williams approved it.
Q.
Do you know how the district used that facility after the contract was entered into? METSCHL & ASSOCIATES (716) 856-1906
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A. Q. A. Q. A. Q.
No. No idea? No. Okay. Jamie. All right. Was it your job to know or is that beyond Who would know?
the scope of your job? A. Q. A. No, it's my job to know. You just didn't know this particular aspect of -I didn't know, because there was quite a few things going on at this time. We had the EPOs going on,
lots going on, so I just didn't know. Q. Was there a point that you became aware that the diocese was looking for money from the district? A. Q. A. Q. A. Yes. That's probably what was going on here.
That's an emphatic yes. Steve Roth called me a lot. Tell me about that. He just kept calling. payments. When are you going to get some
When are you going to get some payments.
That might have been what was going on. Q. A. What did you tell him? I told him I'm trying to get payments. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q. A. Q. A.
But why did the district owe the church anything? The district didn't owe the church. Why did you not tell him that? I did tell him that. You said you told him you were trying to get money. I was actually speaking to him, telling him that once these guys got paid, I'm pretty sure they would pay him, but --
Q. A. Q.
These guys, being Crossroads? Yeah. You didn't tell him you were going to be paying him directly?
A.
No.
No.
What I told him was the contracts were in And then he would get his I
place, were going around.
payment I'm pretty sure, once they all worked out. also told him I think he should call the Crossroads people. Q. A. He kept calling me.
Did he call you before Exhibit H was entered into? I don't remember. called a lot. But I'm pretty sure he -- he
Q.
Why did he call the district looking for money prior to that contract being entered into?
A.
I don't know. METSCHL & ASSOCIATES (716) 856-1906
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Q.
Did you ever lead him to believe in any way the district was going to pay the church money directly?
A.
He might have made an assumption. never told him directly.
I don't know.
Q. A. Q.
Did you ever tell him indirectly? Oh -- no. I -- I don't know. I really don't know.
You said oh.
Was there one occasion where you might
have told him something? A. I might have slipped or something. something. Q. I'm not sure. Do you I might have said
Why do you say you might have slipped? remember a certain conversation?
A.
One time I had said to him maybe I would change and do the contract, instead of doing it with Crossroads, to do it with the district and --
Q. A.
To do it with the diocese? Yeah, the diocese, but I didn't think I could legally overstep Crossroads, so there was a portion where I was, like, well, we're using it, so I thought, maybe, we should just pay the diocese, but I didn't know how to get past this.
Q.
Now, do you know whether Crossroads after the time you entered into this agreement, Exhibit H, provided METSCHL & ASSOCIATES (716) 856-1906
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any services? I was not there. Jamie would know that? Jamie -- I don't know. bar. I really -- this was a side
I just have to continue to say, it was
something that was on the way back -- far back burner on my priority list. And I was -- I had a director
and a supervisor that -- that I was depending upon to pick up on certain areas, such as this. quite a few things going on. The director and supervisor being Dr. Oladele and Jamie Cohen? Dr. Oladele is the superintendant, she is not a director in my -Is Jamie Cohen? No, she is a supervisor. So -I had -- Samantha Daniels was the director. Okay. How many times did Mr. Roth contact you? There was
I don't know, but it was a lot. Okay. And was it resolved during the time you were
still actively working prior to your leave? Pardon me? METSCHL & ASSOCIATES (716) 856-1906
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Q.
Was he still calling you right before you went on leave?
A. Q.
I'm sure he was. All right.
He called a lot.
Was there ever any conversation -- Elaine
Hayes and Elaine Gist, G-I-S-T, are they the same person? A. Q. Yes. Did you ever think of having her on the Mastery Center Board of Directors? A. Q. A. I don't know. Oh. The Mastery Center, I don't even know if it has a Board of Directors. There was a time I was I don't remember. I don't think so.
looking -- I went out in 2008 I was looking to try to establish one. Q. A. Q. A. Q. Um-hmm. But I don't think it ever happened. Okay. And I don't -So you think there might have been a time in 2008 you were thinking of getting a Board of Directors together and it never happened? A. No, it never happened. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q.
Okay. Not from my recollection. Regardless, you don't think Elaine was ever in consideration for that?
A. Q. A. Q.
No. You said that pretty fast. No. She is -- I think you made some reference earlier, as I understand, she is a principal at a school run by your mother's church; is that right?
A.
Yes.
I didn't make any reference of that, but I do
know that. Q. I understand. How long has she held that position?
Do you have any idea? A. Q. A. Q. A. Q. A. No. How long have you known Elaine? I met Elaine at BOCES -How many years ago was that --- through the district. -- approximately? I'm going to tell you as soon as I remember. 2003. Q. Okay. And were you personal friends? METSCHL & ASSOCIATES (716) 856-1906 Maybe
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A.
No.
That's where I was first introduced to Elaine. I was
She was one of the staff developers for BOCES. doing staff development for them. them about data. Q.
I was teaching
You were doing that in what capacity, as a district employee?
A. Q.
As a district employee, as a supervisor. Okay. And did you eventually develop a friendship
with her? A. Q. A. Q. No. Ever go out to dinner with her? I did after the fact, but not -I'm not just talking about just in that course of that BOCES work, but afterwards did you develop a friendship with her? A. Q. A. Q. A. Yes. Are you friends with her still? No. Your friendship ended for some reason? I was not really pleased with her performance with the summer program. Q. That's the program that the district paid seventy-five hundred dollars for? METSCHL & ASSOCIATES (716) 856-1906
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A. Q. A.
Um-hmm. Why weren't you pleased by it? Because I -- I got word that it wasn't that professional. And I -- I wanted it to be. I like
things to be done when it has something to do with church, academics, I want it to be done very well. She did not do it well, so I really haven't spoken to her since. I felt that she did not represent the
district well for me. Q. So I take it it made sense at that point to no longer use Ms. Hayes or E&M Enterprises for any work; is that right? A. Not really, because she was doing a good job for some of the nonpublic entities. And they still wanted her
to do some nonpublic professional development work. Q. A. Oh. So there were some schools that did not have complaints. There were some people who still And I didn't want to interfere with
requested her.
whatever the consultation with the nonpublic -- if they wanted to, I really didn't care whether they used her or not. Q. So any nonpubs she was working for specifically METSCHL & ASSOCIATES (716) 856-1906
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requested her after that summer program that you observed was not professionally run? That's what I would think they would have had to. Some schools liked her. Do you remember some of the schools that liked her? Stanley Falk said they liked her, and some others. But there were some who didn't like her. didn't interfere with that. fizzle itself out. I've asked you a number of questions. I'm starting And so I
I thought it would just
to get near an ending time anyway, ma'am. I think what you indicated earlier is E&M Enterprises was actually not operated by Elaine, but by her mother? Yes. And you just don't know the mother's name? No. And you -- did you tell me how you learned that E&M Enterprises was run by her mother? I think Barb Smith might have mentioned it to me. All right. June. June of 2011? METSCHL & ASSOCIATES (716) 856-1906 When? Not long before your leave?
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A. Q.
Yes. Do you recall a point in which the district stopped paying fees to Elaine Hayes and instead changed it to where the money is paid to E&M Enterprises?
A. Q.
Nope. Do you recall an instance when Ms. Hayes asked you to make sure that the district paid her as E&M Enterprises rather than Elaine Hayes for tax reasons?
A. Q. A.
Yes. Okay. I don't know when it was, but I do remember having a conversation.
Q.
And you did make sure that the payments thereafter went to E&M Enterprises instead of Elaine Hayes, right?
A. Q. A. Q.
Yes. You did her a favor in that regard? Yes. What did she -- do you specifically remember what she asked you to do? Enterprises? Just please pay me as E&M
A. Q.
Yes. Is there anything else she said to you about that? METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
I don't remember. Did she tell you why it should be paid to E&M Enterprises instead of --
A. Q.
Taxes. Do you know whether at that time the district had a contract with E&M Enterprises?
A. Q.
I don't remember. You was paying for services -- not you, the district was, right?
A. Q.
Oh, Lord. When you were paying Ms. Hayes you were paying her for her tutoring services, right? Or the district
was -- there -- let me ask it a different way. The district had a contract with Ms. Hayes? A. Q. Yes. And you don't know whether or not the district had a contract with E&M Enterprises at that time? A. Q. Right. You agree that if it didn't have a contract with E&M Enterprises, the district shouldn't have been paying them? A. Q. I agree that if -- say what I agree again? I want to make sure you're on the same page. METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
Tell me what I'm agreeing to. Let's go through it slowly. confused. I can tell you're
A. Q.
Yes, please. You -- you just told me that at some point at your direction the district stopped paying money to Elaine Hayes and instead paid it to E&M Enterprises, because Ms. Hayes asked that it be changed for tax reasons, right?
A.
Let me think about what you said.
You said at my
direction I said to not pay Elaine Hayes? Q. A. Q. And to pay it to E&M Enterprises. Probably, yes. Okay. And you did testify -- you recall that there
was a contract -- that the district had a contract with Elaine Hayes at that time, right? A. Q. Yes. Okay. And you don't know whether there was a
contract with E&M Enterprises, right, or anything like that? A. Q. A. If you don't remember, that's okay.
Anywhere in the district or just in that office? For that work. The same work? METSCHL & ASSOCIATES (716) 856-1906
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Q.
You were paying -- when you changed the payment from payment to Elaine Hayes to payment to E&M Enterprises, although you were paying E&M for the same --
A. Q. A.
Did we cancel the other contract first? I don't know. That's what I'm asking you. You would think we
I don't know what happened to it. cancelled it.
Q.
Ordinarily you would cancel that and have a new contract with E&M Enterprises, right?
A. Q. A. Q. A. Q.
Yes. That's how you thought it should have happened? That's what I would have thought happened. You just don't recall if that's how it happened? I don't remember what happened. Did you know that at the time the change was made from Elaine Hayes to E&M Enterprises the amount that had been paid to Ms. Hayes was forty-nine thousand dollars; does that sound about right?
A. Q.
Yup. Any significance to that number, forty-nine thousand dollars?
A.
No. METSCHL & ASSOCIATES (716) 856-1906
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Q.
If it was another thousand you would need what? would need control board approval, right?
You
A. Q.
Yes. By changing it to E&M Enterprises, the district didn't need control board approval; is that right?
A. Q.
Yes, it wouldn't. Did that have anything to do with the reason you changed it?
A. Q.
No. All right. based? Do you know where E&M Enterprises is
A. Q. A. Q.
On Lark Street. Is it 52 Lark Street? Yes. Now, is that -- there's a company I've run across at some point, it's like a real estate company that your mom is involved in. Is it -D. F. Coleman.
MS. TORCELLO: BY MR. ROONEY: Q. A. Q. A.
Were you involved in that as well? Yes. Was 52 Lark Street owned by D. F. Coleman? I'm sorry to laugh -METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q. A.
It's okay. -- but come on guys. I don't know. The reason I'm laughing here is, you guys keep bringing my mom in here. And I'm thinking to myself, 52 Lark Street? No.
what does my mother have to do with E&M, and what does she have to do with Elaine, and what does she have to do with that stuff. thinking. That's really what I'm I should
We done went over my mother.
have invited her in to answer the questions. Q. A. You're laughing at me directly. I understand.
I mean I'm just saying it's getting pretty personal. Did my mother change her socks today? going with this? MR. FURLONG: THE WITNESS: Ask the question again. No, D. F. Coleman has Where are we
nothing to do with 52 Lark Street. BY MR. ROONEY: Q. To your knowledge does the district perform services at any location that's owned by that company? A. Q. A. The district? Yes. No. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q. A. Q. A.
Do -- have you ever been to 52 Lark Street? Yes. What's there? Elaine's house. Okay. At the time it was her dog or -- she was living there.
Q. A. Q.
Okay. Yeah.
It's just a residential house? That's why I started laughing. Sorry.
That's all right. you know?
Where is Crossroads located, do
A.
I'm pretty sure it's located somewhere where Rosalind or Gordon would live.
Q. A. Q.
Okay. Nope.
Do you know where that is?
Were you aware of E&M being located on Humber Street, H-U-M-B-E-R?
A.
Yes -- E&M is not located on Humber Street. is renting on Humber Street.
Elaine
Humber Street is a She moved in
house that is owned by D. F. Coleman. there, because it was empty.
She was looking for a And
place to live, and I said we have an empty spot. she moved in. METSCHL & ASSOCIATES (716) 856-1906
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Q.
Are you charging -- is D. F. Coleman charging her rent?
A. Q. A. Q. A. Q.
Yes. So it had nothing to do with the business? No. It's just where she lives? That's where she lives. And I've also seen an address for E&M Enterprises of 226 Kenview; does that ring a bell?
A. Q. A. Q. A. Q. A.
Yeah. Okay. Why?
Because that's where she lived. Before she went to Humber that's where she lived? Yes. All right. So she lived at 226 --
She lived at 52 Lark in -- she was at 52 Lark, and then she moved to the other spot, and now she lives on Humber.
Q.
All right.
Did you ever disclose to anyone that
Elaine Hayes, you know, was renting space from a company you were involved in? A. By the time she rented the space she wasn't -- I don't think she was even doing any work. METSCHL & ASSOCIATES (716) 856-1906
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Q. A.
When was that? I don't know. I don't know when she moved in. I
know she moved out of the spot in -- it might have been around the summertime. Q. A. Summer 2011? No, '10. Somewhere in there. It was a while.
Whenever the summer program -- she moved in around the time of the summer program. Q. That was 2010. Those various addresses, the only one
that D. F. Coleman owns is Humber? A. Q. Yes. Do you agree if she had been doing work at the time that would be something you should disclose -A. Q. Yes. -- that she was renting from a property you had interest in? A. Q. A. If she was living there, I mean, that's a little far. That's -I don't know if I would have been thinking that far, wherever she was living. I didn't think if I lived
in an apartment you would have to say -- well, how would you even know who has an interest in an apartment that somebody is living in? METSCHL & ASSOCIATES (716) 856-1906
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Q.
Okay.
Did anyone bring to your attention at any time
that E&M Enterprises had listed itself on some papers as being a janitorial company? A. Q. A. Q. A. Q. Barbara Smith told me that. Same day.
Same day she told you about the mother? Yes. And I take it that was news to you? Yeah. Well, she told me.
Did you ever talk to Elaine about whether she was actually doing janitorial services?
A. Q. A.
Guys, I mean, I'm sick. Just the answer. The answer is no. Elaine.
I've got all this --
Like I've got time to talk to
Q.
Okay.
What's the name of your administrative
assistant? A. Q. Sandy Wagaman, W-A-G-A-M-A-N. Have you had any contact with Ms. Wagaman since your administrative leave? A. Q. A. Q. No. Neither electronic contact or -She sends me little things. I don't respond to her.
Little things, like, little e-mails or something? METSCHL & ASSOCIATES (716) 856-1906
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A. Q. A.
Yeah, little things. What do you mean by little things? Little, you know, those little heart things or this or that. Those things people send.
Q. A.
No one sends me heart things. What do they call it when they send them to three or ten people? MS. TORCELLO: Forwards?
BY MR. ROONEY: Q. A. Q. Is this on e-mail? Text messages. Okay. All right. Do you have any knowledge -- have
you ever heard that she shredded documents after your administrative leave began? A. Q. Mm-mm. No.
This is the first time you've ever heard that as a possibility?
A.
Well, I heard -- let me try and think who I heard it from. I don't know. I did hear somebody say that She was
they stopped her, somebody stopped her. trying to shred something. Q. A. Who did -They grabbed it out of her hand.
I think it was one
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of the board members. Who did you hear that from? I think it was one of the board members. Okay. Mm-mm. That's a no? That's a no. You never directed her to shred any documents? No. Were you ever involved in any way in paying salaries for employees of Educational Enterprises through the Buffalo School District? Salaries? What do you mean by that? I don't know Do you know which board member?
what that means. MR. FURLONG: THE WITNESS: BY MR. ROONEY: Q. The money they made as employees of Educational Enterprises to -- you never made arrangements so the district paid their salaries, did you? No. Okay. And I think you said earlier that Educational Directly? What kind of salary?
Enterprises has provided services to the district METSCHL & ASSOCIATES (716) 856-1906
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both at 75 Hickory and 2925 Genesee; is that right or -That's wrong. Okay. How am I wrong?
Educational Enterprises are you saying? Yeah. No, they looked at both of the sites or -- and I think 75 Hickory, they wanted to do stuff there, not the other one. But Educational Enterprises did provide some services to the district? Mm-mm. They never did? Never. Have there ever been conversations with Educational Enterprises about providing services? Yes. Now, I think you talked to me a little earlier about when you were talking as a Mastery Center representative to Educational Enterprises, I know they were trying to work together and you know, Educational Enterprises provided tutoring services. Um-hmm. METSCHL & ASSOCIATES (716) 856-1906
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Q.
What sort of -- who did you speak to at Educational Enterprises about having them provide services for the district?
A.
Glena. MR. FURLONG: THE WITNESS: What was the name? Glena Tyler.
BY MR. ROONEY: Q. What became of those discussions? You said they
never provided services to the district? A. We were talking about having -- which one? Not
Educational -- I'm trying to get it clear what you're asking me. Q. A. Well -District services, I was looking for district supplemental services. Q. A. Right. And not only that I had these conversations with her, but with other people. Q. Sure, but ultimately you decided not to go with Educational Enterprises; is that what happened? A. Right. MR. ROONEY: Off the record.
(Whereupon, a recess was taken.) METSCHL & ASSOCIATES (716) 856-1906
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BY MR. ROONEY: Q. Let's see if we can get on our way and get out of here. A. Q. A. Q. A. Q. A. Q. A. Q. A. Yes. You seem to know him? Yes. He, as I understand it, is the owner of 2925 Genesee? Yes, sir. I've never been out there. It's two separate units. Okay. For -They are actually -- two separate buildings actually? No, when you walk in there's a larger side and then there's a smaller side. Q. Does the Mastery Center or did it before it dissolved use the facility there? A. Q. A. Yes. Okay. During what time, do you recall? I had to try to How big is that facility? Salvatore Spinuzza, S-P-I-N-U-Z-Z-A.
I wrote it down in case you asked. remember. I wrote it down.
2005-2008.
Q.
And what did the Mastery Center do at 2925 Genesee Street? Because you said really the Mastery Center METSCHL & ASSOCIATES (716) 856-1906
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wasn't doing anything until it went to 75 Hickory. I did not say that. Okay. I misunderstood.
At the time during 2009 at the beginning it wasn't doing anything -Okay. -- at all, although it existed and it was open, it wasn't doing -So from 2005 to 2008 what was the Mastery Center doing? Tutoring. And who was actually doing the tutoring? There was staff and -Employees of the Mastery Center or venders? Employees. Okay. It wasn't Educational Enterprises, was it? I mean, I didn't even know them.
Oh, no. Okay.
How many employees did the Mastery Center have I think you said at one point
around that time? there were fifty? Yeah.
I want to say then, maybe, around four or five
teachers. Four or five? METSCHL & ASSOCIATES (716) 856-1906
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A.
Yes.
At varying times, so there might be two that Maybe not at the
was there, one here, then two more.
exact same time, but during the time there was employees there. Q. Okay. And how much of the space of 2925 Genesee did You said it was divided.
the Mastery Center use? Did you use half of it? A.
I think they only used half of the one room on the right-hand side. The right-hand side is larger than
the left-hand side. Q. Did it continue to use that space even after the move to 75 Hickory? A. It wasn't even using it before the move to 75 Hickory. Q. A. Oh, it stopped using it? Yes. on. Q. A. Q. So there had at one time? Yes. And actually, it was taking place at 2925 Genesee for some time? A. Q. Um-hmm. And then around 2008 I think you said it stopped? METSCHL & ASSOCIATES (716) 856-1906 That's why I was saying there was nothing going
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A. Q.
Um-hmm.
Yes.
Now, at some point did the district start using space at 2925 Genesee?
A. Q. A. Q. A. Q. A. Q.
Yes. For what purpose? Nonpublic. When did that begin? Maybe 2009. Was it before or after you took on your current job? Before. You obviously were aware of the space at 2925 Genesee, right?
A. Q.
Yes. Did the district start using the space that the Mastery Center had used previously?
A. Q. A. Q. A. Q.
Yes. That same part of the building? They used the whole thing. I'm sorry? The district used both parts. So they used that part and the other part. Do you
know what the other part had been used for prior to the district using it? METSCHL & ASSOCIATES (716) 856-1906
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A. Q. A. Q. A. Q.
Stuff.
No.
Nobody was there.
How long have you known Sal Spinuzza? Since 2005, whenever -Whenever what? Whenever I first came there about the space. Did the Mastery Center have a lease with Mr. Spinuzza?
A. Q.
No. Did it have any contractual arrangement with Mr. Spinuzza?
A. Q.
No. Did it have a contractural arrangement with a company associated with Mr. Spinuzza?
A. Q. A. Q. A.
No. Did it pay Mr. Spinuzza for use of 2925 Genesee? Yes. How much did it pay? A thousand dollars here, twelve hundred dollars there, five hundred dollars here, eight hundred dollars there.
Q. A. Q.
Did your mom know Mr. Spinuzza prior to 2005? No. Did you have any indirect contact with Mr. Spinuzza METSCHL & ASSOCIATES (716) 856-1906
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prior to 2005? I didn't know him. How is it he was going to let you use his space for a thousand here, five hundred here, twelve hundred there? I'm going to say something you might not be aware of in Buffalo. MR. FURLONG: THE WITNESS: Just -I'm just going to say it.
This gentleman is just a nice person. BY MR. ROONEY: Q. A. Q. A. Q. A. Q. A. That's fine. He is a nice person. That's fine. And people can take advantage of him. Did the Mastery Center take advantage of him? No. How old is Mr. Spinuzza? I don't know. seventy. Like I said, I haven't been out there. Are there I think he is sixty-something, maybe
residential quarters out there for him or just a commercial building? METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
Commercial building. So there was never anything in writing between the Mastery Center and Mr. Spinuzza? It was just an
ongoing pay here and there when we can, and he was okay with that; is that right? A. Q. A. Q. Yes. Okay. Am I correct, there was never a written --
Never, nothing. Was there even an oral understanding as to how much you were going to pay?
A. Q.
Mm-mm. Okay.
No. So how was it -MR. FURLONG: Hang on one moment.
(Discussion off the record.) MR. FURLONG: BY MR. ROONEY: Q. So how was it that the district started having services provided at 2925 Genesee Street? A. I spoke with June about possibly using the space in -Q. A. This is June -Simmons. About using the space for the access center Go ahead, Jim.
when it first came up in 2009. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q. A. Q. A. Q. A. Q. A.
Yup. That was part of the Title 1 ARRA initiative. Is that A-R-R-A? Yes. What does it stand for? American reinvestment something. Okay. But I spoke with her about using the space -Yup. -- for the nonpublic access center as the site. she was okay with it. And
Q.
Okay.
And so the nonpublic access center that you
later thought might be best suited at 75 Hickory, prior to that you thought, maybe 2925 Genesee Street? A. Q. Because of availability. All right. Was it also a point that the Mastery
Center really didn't want to be spending any more money at 2925 Genesee Street around that time? A. Q. I wouldn't know about that. You seem to know they were paying a little here, twelve hundred there. Do you know when they stopped
making payments to Mr. Spinuzza? A. Um-hmm. I -- I'm going to tell you that my mom METSCHL & ASSOCIATES (716) 856-1906
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was -- made the payments after a certain point, because of my sickness. the same time. All of this was going on at
I know my mom was making the payments And then
and arrangements after a certain point.
there was a point here where the ARRA funds came up. Yup. And then I spoke with June about it. this would be a good spot. And I thought
And she was okay with it.
What happened to the -- did the Mastery Center have any equipment in there at the time? Probably. What happened to that equipment? It was just there. So the Mastery Center just kept it there? It could be. I don't think that anyone was really
concerned with who was using what equipment, so it was -What sort of equipment did the Mastery Center have there? Chairs. Just some furniture? Yeah. Nothing very valuable? METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
Yeah, nothing serious. All right. So the Mastery Center really didn't care
about that particular property is what you're telling me? A. I don't think it was that as much as it was pretty informal as to who used what, so -Q. A. Yeah. -- if nonpublic kids wanted to use something, I don't think the Mastery Center wanted to stop it. Q. Okay. So did the -- was the Mastery Center also
looking for someone else to come in and start paying Mr. Spinuzza since the Mastery Center didn't want to be spending more money there? A. Q. I don't know about that. Is it true that the Mastery Center didn't want to be spending more money at 2925 Genesee? A. Q. A. Q. A. Q. I don't remember. Did you talk to your mom about it? I don't think she would have been opposed to it. To what? Spending money at 2925. What happened when the district came in? district bring equipment there? METSCHL & ASSOCIATES (716) 856-1906 Did the
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A.
Just some things from -- yeah, some of the schools, they were storing stuff there, similar to -- I think one school did not have -- had some things -- oh, boy. You guys are really pushing this.
Q. A.
A nonpub? Yes, it was, like, another school had some stuff that was there, very similar to on Hickory Street. were just storing space for time sake. They
Q.
So was there a period when the district was using that facility at 2925 Genesee Street and not paying Mr. Spinuzza anything? Do you know?
A.
I don't know. MR. ROONEY: Can I have this marked?
(Whereupon, Exhibit I, 2010 Spinuzza letter, was received and marked for identification.)
(Whereupon, Exhibit J, January to August 2010 Spinuzza contract, was received and marked for identification.)
(Whereupon, Exhibit K, September 2010 to August 2011 Spinuzza contract, was received and METSCHL & ASSOCIATES (716) 856-1906
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marked for identification.)
BY MR. ROONEY: Q. A. Q. Let's look first at Exhibit I. Okay. Yeah, it appears as though I is a letter sent by Mr. Spinuzza to you, correct? Yes, it appears that way. Do you recall having seen this before? Um-hmm. All right. Did you have a discussion with him about
the topic that's discussed in writing here? Yes. Can you tell me about it? Barbara asked me to write something like this and get him to sign it. Oh, okay. Tell me about your conversation with
Barbara that led to this. She said when I met with her about this -This being Exhibit J? Yes. The writing at the bottom, she said you have to And then I
get something in writing or something. said, fine. And I typed this up.
And then I went to
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him and talked to him about it. Okay. And then he said that's about right. And I asked him
if there was anything different, because I actually wrote this up for him, then I gave it to him. When did you first talk to Mr. Spinuzza about paying for utility service, gas, Internet and snowplowing, things that are depicted in Exhibit I? first talk to him about that? Probably in the beginning of the year. earlier in the year. Closer to January? Or even before. Maybe even 2009? Yeah. And did you tell him that that would be -- that would be something that the district would pay for? Yeah. Okay. When did you try to get authorization for Probably When did you
paying him? When I talked to Dr. Oladele -- when I talked to Dr. Oladele that's always the first time I'm actually trying to get authorization. But I spoke with her
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in -- I'm going to say in April or so of 2010, explaining to her some of the things that needed to be paid and kind of cleaned up, because I was doing a transition into this job. brought this up. So you said January 2010? Mm-mm. April. So sometime later 2009 or early 2010 you That's when I first
April 2010.
told Mr. Spinuzza, yeah, the district will pay you, and a number of months later you talked to Dr. Oladele about it? I was -- the reason it probably was -- I was telling him, because the district was already using the space for their own -- they were doing professional development there already, so consequently I told them that somebody is going to eventually pay you, because they are already using it. Okay. That's what I told him. Okay. I just didn't get around to some of these things. had very delayed things occurring. And really, I
because I was so sick, you know, for a lot of people METSCHL & ASSOCIATES (716) 856-1906
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it's, like, why didn't you get this done right away. It wasn't because I just didn't get it done, I was sick. Were you able to perform the duties of your job when you were sick? I should have been off, but I didn't. I'm one of I didn't
those people that works through being sick. realize the extent of it.
I was working through
being sick, and now I know. In retrospect, now you know? Now I know. I didn't realize how much it was What was happening, that's what I'm
affecting me.
trying to relay to you, is that things were so delayed. And people are, like, why didn't she do it Things were so delayed.
here or in a week.
In the department I was working in, we didn't have any clerical staff helping. We had a lot of
resistance from some of the people in different departments. Things in the district were moving
slowly based on the fact that not just that Debbie didn't want to get the work done, there were people actually providing harassment and providing resistance to things going to help ing to getting METSCHL & ASSOCIATES (716) 856-1906
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these processes and procedures done for everything. And you can only do so much yourself. So when
you have clerical staff that won't type things in or a supervisor that refuses to do work for ELOP or a supervisor that refuses to do other additional work or something, that just sits on the desk for about a month and it gets lost and you have to come find it again. This is what was going on at the time. In addition to, jeez, Debbie didn't get this in, there was a lot of other individuals actively participating in some harassment of me getting the work done. Who was harassing you? Some of my staff members, some of the clerical staff just refused. Iona Wilkes, W-I-L-K-E-S, Diane
Hildebrand, H-I-L-D-E-B-R-A-N-D, there's a Karen Zimicki, the Special Projects Department. A lot of
the Finance Department was providing, like, a blockage in getting things done. I will give a clear example. When I was
attempting to get a clerical person to replace the last clerical person, it took eight months, where it would normally take a month. There was a lot of
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harassment going on at the same time.
So to give the
appearance that jeez, Debbie didn't quite get these through, that to me, I think is not fair to me. just had to make that statement. So when you presented Exhibit J to Barb, she wrote these questions for you to answer, right? Yes. Was the work bid or quotations received, the answer to that was no? Right. And -Who picked the vender? Who picked the vender? Yes. Had you looked at any Buffalo venders for this work? No. The work started in January where has the contract been? Right. Okay. Now, and so I take it in response to those And you just explained that to me? You did, right? So I
questions you also drafted the letter? Yes. That's Exhibit I? METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
Yes. And you drafted that for Mr. Spinuzza to help him out?
A. Q. A.
Yes. And you presented it to him and he signed it? I talked to him. When I brought it to him I said if
you see any changes or anything in here that you don't -- that's not true -Q. A. Um-hmm. -- and he said no, that's really where we are. he agreed. And
If he had some other things he wanted to
say or do I would have just did it for him or I would have said here, let somebody else do it for you. was trying to help him. Q. Did you tell anyone that the Mastery Center had been using this property? A. Q. A. Q. A. Tell who? Anyone in the district. No. June knew that at the time we first -I
June was no longer here at this time, right? The access center being at that spot was originally --
Q.
Right. METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
-- a conversation between June and I. I understand, but as of June of 2010 June wasn't there, right?
A.
Right, but at that time I wasn't working at the Mastery Center, so whether it was using the space or not --
Q.
I know. then?
Okay.
And what did you do with this letter
You gave it to Barb, I take it?
A. Q. A. Q. A. Q. A. Q. A.
I'm pretty sure. Did you tell her you wrote it? I'm not sure. Okay. That's all she asked for. Did she ask for a letter? Yeah. She didn't ask for a letter here. She told me that. me. I'm just telling you what she told
Q.
All right.
So at this -- I -- what I'm confused
about is if we're not paying rent here -- the district is not paying rent, are they? A. I don't know. They are just paying for the -- to It's like rent.
reimburse them for stuff.
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Q. A. Q. A.
But it's not rent. I don't know. You helped put this together. I know, but you're asking me to actually tell you that --
Q. A.
Well, take a look at page one of the contract. Is it rent? Probably. Does it say rent? It doesn't
say rent, so no. Q. Why was the district -- why should the district pay for snow removal? A. That's what me and him talked about. and him had negotiated. Q. A. Why should the district pay for snow removal? I don't know why the district should pay for snow removal. Q. A. You're the one who had the negotiations. When we talked about it, that's what he was saying he had to pay for. What I did is I put in there what he I thought well, It was what me
was telling me he had expenses for.
if I put in what he had expenses for, he could get his expenses reimbursed. I wasn't thinking in -Q. I understand. Why should the district reimburse him METSCHL & ASSOCIATES (716) 856-1906 That's what I was thinking.
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for snow removal? I guess maybe then people would have to climb over snow if he didn't remove it. I don't know.
Why should the district pay his utilities? Because I guess you can't do professional development if the lights are off. That's your answer? That's my answer. Okay. Do you know whether anyone else was renting --
No one else was using the space. Why wasn't this just a rental contract? It should have probably been. I think that's why I That was,
went to correcting that in the next year. probably -I was learning this job. do contracts.
I'm learning how to
We did not have any professional I did not have any help All
development from people.
learning how to be an assistant superintendant.
I got was the job and all the tasks, so I think it's relatively unfair. Okay. So at this point, like -- during the period
covered by this snow removal/utilities contract I'm still unclear. Who was providing services at 2925? METSCHL & ASSOCIATES (716) 856-1906
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A. Q. A. Q. A.
Elaine. It was all Elaine? Yup. Do you know how many days a week? I was not -- I was not over there. district people. I'm fighting the
I am not over there.
Q.
Okay.
Do you know if it was it almost every day, Do you have any idea?
once a month? A. Q. I don't know.
Did you try to find out before you -- before you proposed that this contract be entered into, did you try to find out how many days a week the district was actually using 2925 Genesee?
A.
I'm not sure.
I'm mentioning to you, and I think you
might have mentioned it yourself, that there was no replacement for me at the time, and that from the time of -Q. A. There's no -I'm getting to the point. Let me get to this point.
At the time I took this job from 3/22/2010 and this was coming up, we have a lot of things going on. have staff members harassing me. I have no I
professional development on how to put these things METSCHL & ASSOCIATES (716) 856-1906
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together.
I have Barb Smith in June of 2010 telling
me she will not meet with me to assist me in this endeavor. You have a lot of things going on here
with people telling me what they are not going to do to help me, and then come along the way and why didn't you do this or oversee that. And nobody -- and the reason I didn't have anyone in that supervisor Title 1 position is because of the same harassment. these jobs. in place. Debbie. We're not going to fill
We're not going to help you have people
Then we're going to hold you accountable, And we
Everything should have been perfect.
made sure it wasn't going to be perfect. where we are right now. say.
This is
I don't know what else to
Why did you need -- at this point the district also had access and was using the facility at 75 Hickory? I was trying to break these into pieces. If we
didn't have all these people telling me, Debbie, we're not going to accept this -- and I know you probably have copies of e-mails. If you looked at my
e-mails, you saw a lot of harassment in these e-mails. We're not going to do this, we're only METSCHL & ASSOCIATES (716) 856-1906
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going to do this.
And after you're done doing this, You're looking
then you're going to have to do that.
at a whole lot of other things going on. Okay. is -Yes. -- the district was also receiving services at 75 Hickory during the same time, right? Yes. Why was there a need to use 2925 Genesee? I wanted to have this one as out of district, because there was forty-four schools, and I thought there would be some schools with suburban students that would not want to come all the way to Hickory Street to use the access center. So I'm envisioning now -- which I will never do again -- envisioning an opportunity for people to have access in the Suburban area through Buffalo public schools at a low rate, and then also be able to have enough access still at 75 Hickory, so the community will be able to access books, be able to use computers, maybe be able to learn about some of the district initiatives that are going on, to have METSCHL & ASSOCIATES (716) 856-1906 Back to my question. My question, ma'am,
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the community engaged in programming.
And that's the
reason I wanted to hold onto both spots, in a sense, for the district. To help the district to give a
different sense of providing services. So to your knowledge does Title 1 require that Title 1 services be provided to suburban schools as well as city schools? Yes. Did any of the suburban schools say they would not go to 75 Hickory? No one said that. that. Okay. And then J -- actually, K, ma'am. What are you referring to, ma'am? You can go ahead. No. No. What were you going to say? That's my assumption. No one said
I put in there for the out-of-district access center. That's where I was going with it. So this Exhibit K, it -- it's a contract that covers the period -- if you look at the contract -- actually you can look at the term, it covers from September 1, 2010 to August 31, 2011, right? Yes. METSCHL & ASSOCIATES (716) 856-1906
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Q.
Okay.
Is this essentially a contract for the same
services that you had received from Mr. Spinuzza in the prior contract? A. No. What I was trying to do was formalize the
relationship between -- I really wanted to have a formal access center at the site, and be able to put up a sign and have everything in place so we could get students and teachers in there to start to do some work there. to do. MR. ROONEY: Let's mark this. That was all. That's all I wanted
(Whereupon, Exhibit L, services rendered invoice, was received and marked for identification.)
BY MR. ROONEY: Q. All right. Showing you, ma'am, a document that's Hassan is your son, correct?
been marked Exhibit L. A. Q. A. Q. A. Yes. Spell it.
Both names, S-A-D-D-I-Q-U-E, H-A-S-S-A-N. So he performed some work for the district, correct? Yes. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q. A. Q. A.
What sort of work did he perform? Computer -- working with kids. Okay. At Timon Bishop. What sort of work was he doing? There's a provision for computer-assisted instructing. What he was doing was to help with
anything that has to do with computers at the nonpublic schools. Q. A. Q. A. Is he actually teaching students? No, never do they teach kids. What was he doing, just kind of -Anything that has to do -- making sure the instructional modules are up on the computers and -Q. A. Q. A. Q. Making sure the computers were working? Um-hmm. Was this nonpub work that was going on? Yes. Then when he started doing that work I don't think you were in your current position; is that right? A. Q. A. Nope. What was your prior title? Supervisor. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q.
Supervisor, all right. Um-hmm.
Title 1 Supervisor, correct?
Now, this is an invoice that Hassan submitted to the district; is that right?
A. Q. A. Q. A.
Yes. And you signed off on it, right? Dr. Oladele said don't do that. Okay. Tell me about that. And she said that that was
It was a mistake. inappropriate. inappropriate.
She told me at the time that was She told me don't do that. Do you have any
Q.
How did she even learn about it? idea?
A.
Because Barb Smith and all the harassers -- I'm just telling the truth -- were screaming at her, telling her Debbie Buckley's son is working and Debbie is signing them. this. That's why I'm not that surprised at
She -- so she said -- she came to me and she
said to me, I do not want you to be signing this stuff. So there was a lot of -- that's why I keep This is just the same of a
coming back to that. bunch of stuff. Q.
But you agree, in retrospect, you shouldn't have METSCHL & ASSOCIATES (716) 856-1906
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signed it, don't you? Yes. All right. It's just something you didn't think
about at the time? Yes. I -- I haven't looked, so I don't know. only one you signed? I think it's the only one, because she told me after that, don't sign them. Okay. All right. Is this the
And then she explained to me that they are supposed to be -- you know, and I also talked to Dr. Williams, because all at the same time I said Dr. Williams, my son is working, situations are coming up, because all of these people are coming after me with stuff. And he said, do you know how many people have these type of relationships in this district? could you be that worried about it? And I said that people don't like me here, so I have to be worried where other people do not have to be worried. That's why. But obviously I How
He said don't worry about it. should worry about it. METSCHL & ASSOCIATES (716) 856-1906
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A. Q. A. Q. A. Q. A. Q. A. Q. BY MR. ROONEY: Q. All right. Exhibit M. Okay.
MR. ROONEY:
Mark that.
(Whereupon, Exhibit M, another services rendered invoice, was received and marked for identification.)
Let me show you what's been marked as
This looks like an earlier invoice that your son submitted? Yes. At this point you did not sign the document, right? No. And it looks like it was submitted October 2009. Correct me if I'm wrong, but you were still -- you were still in your old position at that point? Yes. Who did -- do you recognize whose signature -- I recognize June's name at the bottom. Um-hmm. Who are those other people? METSCHL & ASSOCIATES (716) 856-1906
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A.
Kathy Ahmed was the original person he was supposed to work for.
Q. A.
Who was she? She is from Universal School. And I told him -- and
I also told all the other subcontractors that they could actually -- and this was my wrong, because I did tell people that they could actually sign for a nonpublic school official. And the reason I said
that was basically -- I'm going to explain. Q. A. Okay. Basically a contract with a third-party provider for nonpublic services are only between the district and the provider of the services. And I only put the
nonpublic school official line in there as a courtesy. So I told them that if they couldn't get the other people to sign for them, they had to attest for their own time and they could sign it or leave it blank, but I -Q. A. Q. A. In other words, you didn't need Kathy's signature? No. Because the arrangement -I did it as a courtesy, basically. It's actually
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required by law -- it's actually a law that the nonpublic school officials cannot commit the funds. So therefore, I was just putting it there just as a courtesy. So I told any of the venders -- that's why
I started taking them out. It looks like in L it is not there. I took them out. All right. Because I -- I just started to try to clean -- I was trying to get things better as I was going along with the job. better. Sure. What's Universal School? As I learned things I tried to make it
It's a school, a nonpublic school. In the city? Um-hmm. And did you say Kathy was the principal or something? Um-hmm. Do you know Kathy? I know everybody. principals. I know all of the nonpublic school I don't know
I had to meet with them.
them personally. Did you know her personally? METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
No, I didn't.
No.
Did your son have any involvement at the Universal School prior to this?
A. Q.
No. All right. So Kathy wouldn't have known necessarily
who your son was until he was doing this work, the nonpublic work? A. Q. A. Q. A. He wasn't at that school. And he never was at that school? No. So she has no idea who he is? No. He was at Bishop Timon and Nazareth Lutheran. I'm not sure what happened as
It was a reassignment.
far as that, but he didn't work at the Universal School at all. Q. Who is -- and that's your son's signature at the top, right? A. Yeah. MR. ROONEY: a minute. (Whereupon, a recess was taken.) MR. ROONEY: Let's mark this. All right. Let me just take
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. A. BY MR. ROONEY: Q.
(Whereupon, Exhibit N, vender invoices, were received and marked for identification.)
Showing you two invoices, it appears to be E&M Enterprises and the other is a Salvatore Spinuzza invoice. Do you know who prepared these?
I know Elaine came into my office and she put this one together. The E&M one? Yes. And I prepared the second one.
You prepared the second one? Yes. Why did you prepare the second invoices? For Mr. Spinuzza. Mr. Spinuzza wouldn't prepare his own invoice? He could have. It wasn't for me, it was for him.
Usually the vender will prepare -I was trying to help. It was for him.
Did you create invoices for anyone else? Any time somebody wanted me to I would. Did you create an invoice for Crossroads? Yeah. METSCHL & ASSOCIATES (716) 856-1906
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Q. A. Q.
Okay.
So you created their invoices too?
Um-hmm. But the -- but the top page is actually -- Elaine created that one?
A. Q.
Yeah. They look identical; do you see that? the same program? Are you using
A. Q. A. Q. A. Q.
They use the same thing. What do you mean? They use the same -- whatever she did -The first page? Yeah, then I used it for this. So you had it in Word or something like that, and you just used her --
A. Q. A. Q. A.
She did it on my computer. So Elaine came -- your work computer? Um-hmm. She came into the office.
And used your program and just drafted the invoice? Or she might have had it on a key-chain or something like that. I'm not sure how. I know Elaine -- this
is her layout, and I had a copy of her layout. Q. A. And you just used her layout afterwards? Yes. METSCHL & ASSOCIATES (716) 856-1906
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Q.
Okay.
Do you know whether Mr. Spinuzza ever had his
own invoices? A. He probably does. I just didn't ask him for it. I
was just trying to facilitate getting things done the best I could. doing. Q. I don't know what people think I'm
I was just trying to get him his money. Now, one question. I -- I'm not sure you
All right.
fully answered it.
I understood you and I were
talking about other issues, but when I presented to you the contract for maintenance services, snowplowing and the like for Salvatore Spinuzza -A. Q. Yes. -- I asked you how many days Elaine had spent working for the district at 2925 during that same period. think your answer was you don't know. A. I don't know. I would not know. Let's mark this. I
MR. ROONEY:
(Whereupon, Exhibit O, Ahmed recommendation letter, was received and marked for identification.)
MR. ROONEY: METSCHL & ASSOCIATES (716) 856-1906
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Q.
All right.
Showing you a document that's been marked This appears to be a -- some sort of It's spelled A-H-M-E-D.
as Exhibit O.
letter from Kathy Ahmed. Have you seen this before? A. Q. No. Okay.
It looks like it's addressed to you, and you
just have never seen it? A. Q. I don't remember seeing this. Is it possible you've seen it and you don't remember it? A. Q. Possible. I don't remember seeing it.
What you told us before is you don't think she knew him?
A.
I don't think she knows him. saying it.
I don't remember her
Q.
You don't know Kathy well enough to say whether that's her signature or not, do you?
A.
I don't know. MR. ROONEY: Okay. That's all.
EXAMINATION BY MR. FURLONG:
Q.
Let me just do some follow-up.
Exhibit O there's no
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date on it.
I guess the document speaks for itself.
I don't know. MR. FURLONG: agreement amendment? Have we put in the lease
I don't see that on the record. I didn't. It's not a
MR. ROONEY: deposition.
I'm just asking her questions. MR. FURLONG: I think you should put it
in. MR. ROONEY: question, so -Okay. Erin raised the same
(Whereupon, Exhibit P, lease assignment, was received and marked for identification.)
BY MR. FURLONG: Q. If you take a look at Exhibit H. All right. And
looking now at page eight of the contract, this is Crossroads district contract. I notice Dr. Williams Who is
signed it, in addition, Ralph Hernandez. that, just for the record? The board President at the time.
And it appears that there's Brendan Kelleher's signature. Who is that? METSCHL & ASSOCIATES (716) 856-1906
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A. Q.
He is legal counsel for the district. Ms. Buckley, generally speaking, was there protocol when you submitted contracts for review by the board President, board superintendant and board counsel?
A. Q. A. Q.
Yes. What was that protocol? The board President, if it was over -Was there a way -- how did you get it around, if you know?
A.
We would submit the contract with the contract checklist to Brendan Kelleher first. And then they And then
would bring it back to us after his review.
they would submit the contract to Dr. Oladele for her review, then to Barbara Smith for her review. Q. And neither Dr. Oladele nor Barbara Smith signed off on this contract; is that right? A. No. And then when it's over a certain amount, Dr. And
Williams and the board President must approve.
if they have questions they would contact whoever initiated the contract, and they would ask you for any questions that they would have regarding it if they had any concerns regarding the contract prior to them signing it. METSCHL & ASSOCIATES (716) 856-1906
181
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 end.
There have been instances where Mr. Hernandez has called me upstairs about any questions that he would have had about any contracts that were submitted to him. MR. FURLONG: I think that's it on my
MR. ROONEY:
Great.
All right.
(Concluded at 2:07 p.m.)
182
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
STATE OF NEW YORK COUNTY OF ERIE I, Ashley M. Kleinschmidt, a Notary Public in and for the State of New York, do hereby certify: That the witness' statement was taken pursuant to notice at the time and place herein set forth; that said statement was taken down in shorthand by me and thereafter under my supervision transcribed into the English language, and I hereby certify the foregoing statement is a full, true and correct transcription of the shorthand notes so taken. I further certify that I am neither counsel for nor related to any parties to said action, nor in anywise interested in the outcome thereof. IN WITNESS WHEREOF, I have hereunto subscribed my name this 21st day of February, 2012.
___________________________ Ashley Kleinschmidt Notary Public, State of New York
Buckley vs City of Buffalo School District

166:13,20;168:10;172:6,
Debbie Buckley February 13, 2012 9:12;50:11;148:15; 166:15 Ahmed (3) 172:1;177:19;178:3 A-H-M-E-D (1) 178:3 air (1) 53:4 Albuterol (1) 57:19 alerted (1) 44:10 allegations (2) 3:9;4:1 allegedly (1) 10:19 allergies (1) 57:5 allocated (1) 9:17 almost (4) 51:3;52:1,5;163:7 along (6) 13:22;93:21;106:17; 109:19;164:5;173:10 Although (3) 52:15;131:3;143:7 altogether (1) 62:3 always (10) 22:1,3;23:14;28:9;
32:15;45:21;55:17;56:3;
A
ability (1) 31:10 able (12) 3:16;7:6;58:20;59:23; 61:20;114:10;156:4;
165:19,21,21,22;167:6
above (1) 81:17 absolutely (1) 55:21 academic (7) 77:3,5,16;82:22;85:4, 14,18 academics (1) 126:6 accept (1) 164:20 access (22) 9:13,13;13:5;21:1;
46:15,18;47:12;53:7,15;
77:6;98:14;148:22; 149:10,12;159:21;
164:17;165:15,18,20,21;
166:17;167:6 according (5) 10:21;12:16;13:19; 99:8;106:18 account (1) 25:11 accountable (1) 164:11 accurate (3) 40:18,19;101:18 achieving (1) 91:17 across (1) 132:15 actively (3) 6:3;122:22;157:10 activities (24) 5:18;11:3,14;13:3;
7,23;173:1;176:3 addition (4) 52:18;93:7;157:9; 179:19 additional (2) 90:22;157:5 address (5) 78:21;79:12,16,23; 135:8 addressed (1) 178:6 addresses (1) 136:9 adequately (1) 13:16 administrative (3) 137:15,19;138:14 Adult (12) 71:13,15,16,17,21,22; 72:1,7,10,11,12,20 adults (1) 33:11 advantage (2) 147:15,16 advertise (1) 33:15 advise (1) 5:1 affecting (1) 156:12 affiliated (1) 40:13 affiliation (1) 33:12 afternoon (3) 84:1,12;85:6 afterwards (2) 125:14;176:22 again (10)
28:19;58:2;91:1;98:22;
approved (5) 67:3;94:12;101:23; 118:20,21 approving (1) 104:15 approximately (2) 6:6;124:20 April (3) 155:1,7,8 area (4) 29:18;35:6;74:19; 165:18 areas (1) 122:9 around (18) 10:13;29:21,21;32:5,
108:21;154:22 amendment (4)

62:2;64:1;69:16;179:4
American (1) 149:6 amount (3)

110:17;131:17;180:17
99:4;111:15;129:22; 133:15;157:8;165:17 against (2) 4:2,9 14:21,21;15:11,14,15,17; agenda (2) 16:11;20:3,4;32:11; 98:1,6 42:13;53:14;55:22; agent (2) 66:10;74:18;78:2;85:5,7; 55:8,9 95:5,6 ago (4) actual (2) 36:17,19;45:21;124:18 21:22;88:12 agree (10) actually (52) 90:9,11;103:17; 6:12;12:17;24:11,21; 107:21;110:16;129:19, 31:18;32:11,17;35:5; 22,22;136:12;169:23 41:13;42:3,5,8,17,21; agreed (2) 47:20;48:14;49:2,4,8,12; 85:1;159:11 51:5;52:16;62:23;68:22; agreeing (1) 72:7;81:15,17;86:19; 130:1 91:23;99:2;102:15; 113:23;120:6;127:13; agreement (6) 54:1,6;56:13;69:16; 137:10;142:13,13; 121:23;179:4 143:12;144:20;154:4,22; ahead (4) 156:22;161:4;163:13; Min-U-Script
annual (1) 17:6 annually (1) 112:9 answered (2) 3:17;177:8 apartment (2) 136:21,23 appearance (1) 158:2 appears (12) 76:14,18;77:1;80:15, 18;104:7,8;153:6,8; 175:5;178:2;179:22 appointment (2) 7:5;8:6 appreciate (1) 37:14 appropriately (1) 11:19 approval (2) 132:2,5 approve (3) 23:22;67:4;180:18 Metschl & Associates (716) 856-1906
137:16;162:18 associate (1) 3:6 associated (3) 109:8,14;146:13 assume (4) 3:20;63:7;90:6;94:16 assumption (2) 121:3;166:11 asthma (2) 52:3;57:6 attached (2) 107:8,12 attacks (1) 57:6 attempting (1) 157:21 10;49:21;99:9;107:2,4; 120:14;136:4,7;143:19, attend (1) 63:18 21;144:23;149:18; attended (1) 155:21;180:8 85:20 ARRA (4) attention (1) 9:14;92:16;149:2; 137:1 150:5 attest (1) A-R-R-A (2) 172:17 9:15;149:3 audibly (1) arrange (1) 5:6 112:19 audit (7) arranged (1) 9:20,22,22;10:3,6;12:3; 67:7 16:11 arrangement (12) 54:20;69:23;87:17,23; audits (2) 10:13;11:20 96:10,11,12,23;113:5; August (6) 146:9,12;172:22 80:9;86:11;91:23; arrangements (7) 152:18,23;166:22 7:14;72:11;77:18,20; 90:23;139:19;150:4 authority (2) 46:16;54:16 arranging (1) authorization (4) 114:20 87:13,22;154:19,23 arthritis (2) authorized (1) 29:15;102:10 84:2 articles (1) availability (1) 81:16 149:15 aspect (1) available (6) 119:9 17:9;62:4;65:11;68:13; aspirations (2) 69:6;117:21 51:22;70:21 assembled (1) avoid (1) 107:11 89:14 assign (1) avoiding (1) 70:14 89:16 assigned (9) aware (9) 39:2;60:7;70:2,3,11; 12:3;61:11;88:1; 77:11,12;79:14;95:12 105:21;111:4;119:13; assignment (8) 134:16;145:11;147:6 39:19;60:13;62:19; away (3) 64:18;83:12;90:20; 58:1;59:10;156:1 93:16;179:12 assist (1) B 164:2 assistance (1) back (27) 3:15 19:12;31:22;38:17; Assistant (6) 51:3;52:3;57:9,17,20; 4:22;8:6,7;44:4; 58:2,2,3,5,6,7;72:22; (1) ability - back

97:21;102:18;105:14;
106:8;113:15;117:14,16;
Debbie Buckley February 13, 2012 56:10 91:13;93:2,11,14,16; brochure (1) 95:16;99:15;117:20; 72:10 146:5;148:23;150:5; brought (5) 151:22;169:18;175:8; 4:10;98:6;106:14; 176:16,17 155:5;159:6 can (32) Buckley (9) 3:14;5:6;21:19;22:8; 3:6;4:14;61:11;62:12; 23:9;55:15;65:8,16;
76:11;80:14;87:1;98:6;
73:22,23;75:10,10;76:17;
122:6,6;165:4;169:21;
180:12 background (1) 29:12 bad (1) 52:2 Bailey (12) 14:13,14,18,20;15:10,
22;21:2;65:11;73:20,23;
74:12;98:15 ball (1) 93:19 bar (1) 122:5 Barb (15)

6:11,12;96:9,11,21,22;
99:17;106:4,8;107:6; 127:20;158:5;160:8; 164:1;169:14 Barbara (10) 14:15;23:14;97:5; 104:23;105:1;137:4; 153:15,18;180:14,15 based (5) 66:4;110:17;113:11; 132:11;156:20 basically (4) 20:4;172:9,11,23 Beaver (1) 17:3 became (3) 12:6;119:13;141:8 becoming (2) 40:10;69:6 beforehand (1) 70:20 began (2) 49:21;138:14 begin (1) 145:7 beginning (7) 16:2,10;20:1;27:9; 46:20;143:4;154:10 behalf (4) 40:23;58:12;105:9; 113:12 behind (2) 81:7;93:18 bell (1) 135:9 below (1) 104:21 benefit (1) 64:14 Berg (1) 13:23 B-E-R-G (1) 13:23 besides (3) 39:8;88:1;94:23 best (4)
31:9;64:5;149:13; 177:5 better (7) 21:19;37:4;90:18; 100:14,15;173:10,12 beyond (1) 119:6 bid (1) 158:8 big (3) 45:13;57:13;142:9 bigger (1) 43:2 Bill (5) 114:17,18,19;118:3,6 billed (1) 90:12 bind (1) 54:16 birthday (1) 42:12 Bishop (2) 168:4;174:12 bit (1) 3:11 blame (1) 118:16 blank (1) 172:19 blockage (1) 157:19 blurry (1) 29:18 board (17) 23:22;81:18;118:20; 123:9,13,21;132:2,5;
Center's (1) 111:12 certain (5)

121:12;122:9;150:1,4;
180:2 79:3;84:18;85:16;91:13; Buckley's (2) 93:19;94:2;97:19;102:11, 83:10;169:16 14,15;130:2;142:2; Buffalo (8) 147:15;148:4;152:13; 3:8;34:19;50:23;52:8; 153:14;157:2;166:15,21 139:12;147:7;158:15; cancel (11) 165:18 80:20,21;81:19,22; building (18) 82:6,8;83:9,9;86:20; 7:18;13:2,21;14:7,9,18; 131:5,9 31:18;44:21;45:3;73:23; cancelled (5) 82:13;101:3,7;108:12; 81:2,15;82:10;83:1; 114:21;145:17;147:23; 131:8 148:1 capacity (3) buildings (2) 36:11;46:3;125:5 68:4;142:13 care (2) bunch (2) 126:21;151:2 77:1;169:22 careful (1) burner (1) 55:5 122:6 carts (1) Burroughs (2) 21:5 8:13,18 case (2) bus (3) 101:2;142:20 14:23;15:9,13 category (1) buses (2) 11:15 15:9,13 Cayuga (2) business (8) 3:1;4:18 27:22;29:2;32:20;40:8; cell (3) 139:1,3,4;179:21;180:3, 87:6,7,9;135:4 56:2,3,7 4,4,7,18 busy (1) center (140) BOCES (4) 110:11 9:13,14;15:18;16:21;
68:17;124:17;125:2,14
17:4;24:4,6;25:3,6,7,9,10,
180:17 certainly (1) 5:3 certificate (1) 81:14 certified (1) 81:15 certify (1) 81:16 Chairs (4) 75:18,20,22;150:20 change (5) 27:23;97:11;121:13; 131:16;133:13 changed (7) 29:10;31:4,13;128:3; 130:8;131:1;132:8 changes (1) 159:7 changing (1) 132:4 charged (5)
21:16,18;65:21;75:14;
books (2) C 21:5;165:21 both (9) call (13) 10:9,13;11:21;41:14; 17:21;55:23;62:10,10;

140:1,7;145:20;166:2;
73:1,12;94:5,8;114:21;
167:21 Bottom (6)
120:16,18,21;138:6 called (15) 69:4;75:2;76:14;105:2; 12:18;17:19,21;24:4; 153:21;171:21 27:5;74:17;77:2;93:21; boundaries (1) 94:16;100:8;102:2; 65:18 119:17;120:20;123:3; boy (1) 181:2 152:4 calling (4) break (2) 74:21;119:19;120:17; 76:2;164:18 123:1 Brendan (2) calls (2) 179:22;180:11 94:19;100:7 bring (6) Cambria (5) 74:12,13;110:20; 3:16,18;76:1;82:16; 137:1;151:23;180:12 98:9 bringing (2) came (24) 113:21;133:5 10:6;14:1;39:5,16; broad (1) 40:1;51:23;52:1;73:5; Metschl & Associates (716) 856-1906
22,23;28:21;29:5,8,9,9, 11,19;30:8,11;31:14,23; 32:7;33:3;34:2,10;41:1,2, 8,9,12;42:1,3,8,15;43:3; 45:1,7;46:3,16,18;47:12, 15;48:6,13,16,18;49:3,5, 16,23;51:4,6,8,14;53:7,
15;54:7,16;55:9,19,20;
56:16;58:13;59:10,12,19; 61:9,18;64:6,16;65:4,19;
67:10,14,19;68:5,8;
70:14,15,19;71:3;72:13; 39:5;81:7;91:13;108:4 75:5,9,14,17;76:21;77:3, 5,6,16;78:10,19,21;79:1, city (2) 166:7;173:15 19;82:19,22;96:3;98:14; 111:5,23;112:16;113:13; clarify (2) 5:4;64:13 123:9,12;140:19;142:16, 22,23;143:9,14,18;144:6; clean (1)
109:21 charging (2) 135:1,1 check (4) 25:2,20;30:19,20 checking (1) 25:11 checklist (5) 104:8;106:1,4;107:8; 180:11 checklists (2) 105:6;107:12 chief (2) 7:3;105:5 children (4) 26:20;33:11;38:14; 115:8 choice (1) 3:21 chose (1) 110:11 church (8) 33:9;54:7;62:7;120:1, 2;121:2;124:10;126:6 circumstances (4)
145:15;146:6;147:16;
173:9
148:3,22;149:10,12,17; cleaned (1) 155:3 150:9,14,18;151:2,9,10, 12,15;159:15,21;160:5; clear (5) 165:15;166:17;167:6 9:7;86:5;96:22;141:11;
Min-U-Script
(2) background - clear
Buckley vs City of Buffalo School District 157:20 clerical (5)

156:17;157:3,14,21,22

23;120:22;121:14;129:6,
climb (1) 162:2 close (2) 20:22;113:11 closely (2) 114:23;115:1 Closer (1) 154:12 closet (1) 75:8 code (4) 35:6;77:7,10,12 Cohen (4) 19:1;110:5;122:12,15 C-O-H-E-N (1) 19:1 Coleman (7) 26:12;132:18,22; 133:16;134:20;135:1; 136:10 C-O-L-E-M-A-N (1) 26:12 collaboration (2) 49:15;50:21 coming (9) 51:11;57:9;91:22;
102:20;115:20;163:21;
169:21;170:14,15 commencing (1) 112:8 commercial (2) 147:23;148:1 commit (1) 173:2 communication (2) 19:20;44:6 communications (2) 20:6;87:16 community (4) 95:8;115:14;165:21; 166:1 company (6) 132:15,16;133:20; 135:21;137:3;146:12 complaints (1) 126:18 complete (1) 13:2 compliment (1) 93:9 compromise (1) 58:23 computer (6) 75:22;116:22,23; 168:2;176:15,16 computer-assisted (1) 168:6 computers (7) 21:4;72:4;75:21; 165:22;168:8,14,15 Min-U-Script
concept (4) 31:15,16;45:12;111:3 concerned (1) 150:16 concerns (1) 180:22 concluded (2) 10:14;181:8 condition (3) 58:13;59:2,4 conducted (1) 10:13 Conference (1) 17:4 conferences (2) 16:21,22 confident (1) 27:12 confirm (1) 100:17 conflict (1) 71:5 conflicts (3) 71:2,8,12 confused (6) 15:12;31:17;62:6; 111:19;130:3;160:19 confusion (1) 5:8 connection (1) 4:9 connections (1) 19:3 consequently (2) 102:18;155:15 consider (1) 4:3 consideration (1) 124:4 consultation (1) 126:20 contact (12) 17:8,11;19:16;38:15, 17;50:2;79:6;122:19;
137:18,21;146:23;180:19
14,17,19;130:15,15,19;
39:3,9,12,15,16;40:11,13, 16,21;60:7;61:6;63:8,13;
131:5,10;152:19,23;
158:17;161:6;162:11,22; 163:11;166:19,20;167:1, 3;172:11;177:10;179:17, 18;180:10,10,13,16,20,22
70:2,3;83:12,14,23; 84:12;91:11;93:21;
94:23;95:12,16;96:6,12;
97:1;98:18;99:11,18;
100:10;104:1;108:15,17, 20;109:1,9,15,18;118:17; 120:9,16;121:14,18,22;
contracts (8) 23:17;67:4;84:15; 108:3;120:13;162:16; 180:3;181:3 contractual (3) 41:3;96:23;146:9 contractural (1) 146:12 control (5) 23:22;58:7,8;132:2,5 Convention (1) 16:21 conversation (21) 13:23;18:10,13,16;
43:13,14;62:17;63:16;
96:2,3,21;97:1;98:7;99:7;
134:10;175:22;179:18
current (6) 4:21;8:20;16:4,15; 145:9;168:20
D
d/b/a (5)
24:12,13;25:8,14;28:21
definitely (3) 32:3;40:17;55:10 delayed (3) 155:22;156:14,15 delinquent (3) 115:5,6,7 deliver (1) 74:22 delivered (4) 78:4,5,7;81:17 deliveries (7) 64:23,23;65:2;69:9,9, 14;83:18 delivery (1) 77:2 delve (1) 56:22 department (22)
7:21;10:2,9,10,12;14:1, 2;17:8,11;19:5,17;20:7,
101:13;114:12;121:12;
contacted (3) 19:4,11;117:2 continual (1) 58:6 continue (2) 122:5;144:11 contract (92)
21:20,22;22:1,4,11,12,
12,16,22;23:2,4,8,10,22;
53:12;54:9,17;55:1,20;
66:23;67:3,5,7,13,18,19; 68:5;70:20;88:3,6,8;89:8, 15;91:11;98:18;99:10,18; 100:1;102:6;104:2,8,15, 16;105:21;106:1,4;107:9, 12,14;108:10,11;110:7;
111:14,23;113:15,17;
116:12;117:12;118:17,
123:4;128:12;153:17; 160:1 conversations (7) 62:15,18;71:9,11; 100:1;140:15;141:17 coordinate (1) 52:5 copier (4) 113:1,3,6,9 copies (1) 164:21 copy (3) 97:19,22;176:21 correcting (1) 162:13 correctly (1) 10:19 cost (6) 19:10;21:13,16;97:14, 16,17 counsel (2) 180:1,4 course (6) 7:13;33:21;53:3;67:9; 85:3;125:13 courtesy (4) 65:15;172:15,23;173:4 covered (1) 162:22 covers (3) 117:9;166:19,21 create (2) 175:20,22 created (3) 82:9;176:1,4 crossed (1) 55:12 Crossroads (53) 35:19,22;36:1,9;37:8;
Daniels (1) 122:18 Daphney (1) 26:12 data (1) 125:4 date (2) 99:7;179:1 dated (2) 76:18;82:10 daughter (4) 28:10;46:5,5;55:7 day (6) 94:15;105:10;107:6; 137:4,5;163:7 daycare (4) 42:15;43:9,10;53:10 days (5)
10;73:12;77:14;114:4; 116:13;117:7;118:12;
156:16;157:17,18 departments (1) 156:19 depending (1) 122:8 depicted (1) 154:8 deposition (2) 5:2;179:6 deputy (2) 5:21,23 described (1) 28:1 design (1) 20:11 33:3;102:14;163:4,12; designation (1) 177:13 108:16 deal (1) desk (1) 47:14 157:6 dealt (2) details (2) 108:20,21 17:17;66:12 dear (1) determination (1) 50:15 113:10 Deb (1) determinations (1) 58:5 58:21 Debbie (13) 4:14,15;61:11;62:12; determine (2) 56:15;110:23 83:10;86:23;156:20; 157:9;158:2;164:12,19; determining (1) 59:5 169:16,16 develop (2) Deborah (1) 125:8,14 4:15 developer (3) December (4) 69:3;93:2,5 54:23;112:8,12,15 developers (1) decent (1) 125:2 95:3 development (43) decide (1) 11:2,6,13;12:13;13:10; 56:15 20:3;46:23;53:13;64:21; decided (1) 65:1,23;66:2,6,9,18,20; 141:19 67:11;68:1,12;69:5;78:2, decision (2) 13;91:5,7;92:15;93:5,12; 63:22;69:23 (3) clerical - development
Metschl & Associates (716) 856-1906

101:3,5;116:14,16,18,20, dissolved (4) 62:7,7;70:15;142:16 21;117:4,7;118:4;125:3; 126:15;155:15;162:5,17; distracted (1)
Debbie Buckley February 13, 2012 46:4,8;55:6,7;118:5; 72:1,11,12,20 125:6,7 102:16;106:15,16;117:7; Education (9) employees (8) 10:2,9,11,12;14:1,3; 126:5,6;133:9;156:1,2, 13:1;71:17;139:11,18; 72:7,10;81:18 143:14,15,18;144:4 21;157:1,12,19;165:1; educational (34) empty (2) 177:4 29:11;42:13;48:7,10, 134:21,22 down (6) 27:13;104:12;110:20; 11,14,17,21;49:4,9,16,22; encompassed (1) 11:9 115:16;142:20,21 50:2,22;51:2,9,11,23; Dr (54) 52:13;71:2,3;79:13; end (3) 10:6;72:6;181:6 6:1,2,7,8;7:8,10,11; 139:11,18,22;140:5,10, 18:23;50:4;52:12,13; 15,20,22;141:1,11,20; endeavor (1) 164:3 53:6;88:1;91:19;92:2; 143:16 ended (1) 94:10;95:9,10;97:4; effort (1) 125:19 99:23,23;100:17,18,22, 94:7 ending (2) 22;101:20,20;103:2; eight (9) 112:8;127:11 104:18,18,19,21;105:1,8, 37:11,13,15;38:4; 93:18;103:14;146:19; engaged (1) 16,20;106:1,3,7,11; 166:1 118:18,20;122:11,13; 157:22;179:17 engineers (1) 154:21,21;155:10;169:7; Either (7) 7:18;8:17;17:7,15; 18:14 170:12,13;179:18; enough (7) 33:1;50:19;75:4 180:13,15,17 elaborate (1) 8:2;9:12;28:19;66:15; drafted (5) 95:21;165:20;178:16 101:21 54:9;69:16;158:21; Elaine (40) enrichment (6) 159:2;176:18 85:5,7,8,12,15,16 66:22;67:22,23;68:5,8, drivers (3) 14:23;15:9,13 11;78:14,18;79:13;84:8; enter (1) 59:8 86:2;87:6,16;123:4,5; dropped (1) 26:8 124:3,16,17;125:1; entered (11) 127:13;128:3,8,14;130:6, 51:9;58:12;70:19; drops (3) 11,16;131:2,17;133:7; 114:20,21,22 84:15;118:16,17,23; 134:18;135:20;137:9,14; 120:18,22;121:23;163:11 Durham (4) 163:1,2;175:8;176:3,16, entering (3) 31:19,20;32:13,20 20;177:13 D-U-R-H-A-M (1) 41:2;89:15;98:17 Elaine's (2) Enterprises (56) 31:21 48:8,10,14,17,21;49:4, 87:9;134:4 During (15) 9,16,22;50:2,22;51:2,9, 17:7;56:23;64:10,12, electronic (1) 137:21 11,23;52:13;71:2,3; 16;70:22;72:23;112:21; 79:13;86:10;87:6,19; 122:21;142:19;143:4; element (1) 12:6 88:14;126:11;127:13,19; 144:3;162:21;165:8; elements (3) 128:4,8,14,21;129:3,6,17, 177:14 20;130:7,12,19;131:3,10, 12:11;97:16;104:16 duties (4) 17;132:4,10;135:8;137:2; 4:3;5:15;7:13;156:4 ELOP (1) 157:4 139:11,19,23;140:5,10, E else (34) 16,20,22;141:2,20; 143:16;175:6 15:8;27:16,20;35:3; 39:8;42:16;47:7,10,18; enters (1) E&M (31) 91:11 56:18,19;61:22;62:1,5, 86:10;87:5,19;88:14; 14;63:3,5;65:7;73:13,19; entirely (2) 126:11;127:12,18;128:4, 14:16;27:12 74:8,14;75:19;87:22; 7,14,20;129:2,6,17,19; 94:8,22;96:2;128:23; entities (3) 130:7,12,19;131:2,3,10, 35:13;84:20;126:14 151:11;159:13;162:9,10; 17;132:4,10;133:6; entitled (1) 164:14;175:20 134:16,18;135:8;137:2; 76:13 e-mail (9) 175:5,10 6:15;78:21;79:2,11,12, entity (6) earlier (15) 15,16,23;138:10 24:3;26:1;27:5;35:16, 13:11;15:14;28:14; 19;61:16 30:21;65:10;90:3;95:14; e-mails (6) 19:20;20:13;137:23; envisioning (2) 101:15;106:19;124:8; 164:21,22,23 165:16,17 127:12;139:22;140:18; emphatic (1) EPOs (1) 154:11;171:11 119:16 119:11 early (3) employee (11) equal (2) 10:5;49:13;155:8 35:15;45:17,18,21; 111:7,8 Ed (10)
41:7;51:19;53:10;88:7;
71:13,15,16,17,21,22;
92:20;93:18;97:19;
163:23 Diane (1) 157:15 difference (1) 113:8 different (19)

11:7;14:16;18:15;28:2;
93:15 District (152) 3:8;4:3,11,21;5:19;

7:22;12:18;15:16,18,19;
19:9,10;20:21;21:6,13,
15,20,21;22:5;45:17,18, 22;46:4,8,11;47:11;55:6,
29:1;34:1;38:10,12; 48:15;57:7,15;61:16; 91:20;98:13;117:16; 129:13;154:4;156:18; 166:4 difficult (1) 92:22 dinner (1) 125:11 diocese (11) 41:4;43:22;44:4,19;
45:4;47:15;63:2;119:14;
14,22;56:1;61:3;64:10, 14;65:15,20,21;66:23;
67:9,14,15,19,22,23;
68:12;77:11,15;79:12; 83:14,20;84:23;87:23;
89:10;90:9,15;91:10,19,
21;92:14,18,23;93:23;
94:21,23;95:5,13,17,19;
96:6;99:11,18;100:16;
101:4;102:23;103:7;
110:22;112:20;113:18,
21;114:3,6;115:18;
117:15;118:5,22;119:14;
121:16,17,20 direct (1) 19:16 directed (2) 3:9;139:8 directing (1) 41:16 direction (2) 130:6,11 directive (1) 19:22 directly (8) 5:20;18:20;68:1;
120:1,2,21;121:2,15;
124:19;125:5,7,22;126:9; 128:2,7;129:5,8,12,14,16,
20;130:6,15,21;132:4;
133:19,21;139:12,20,23;
140:11;141:3,9,14,14;
145:2,14,20,23;148:17; 151:22,23;152:9;154:17; 155:9,13;156:19;159:18;
160:21;161:9,9,13,14,23;
162:4;163:6,12;164:16;
165:7,11,23;166:3,3; 167:22;169:4;170:17; 172:12;177:14;179:18; 139:15 180:1 Director (5) 18:9;122:7,11,14,18 district-owned (2) 14:18,19 Directors (3) divided (1) 123:9,13,21 144:6 disagree (1) divorced (1) 112:13 37:21 discipline (2) doctor (1) 4:5,10 52:3 disclose (2) document (12) 135:19;136:13 54:5;76:11,12;80:14; discussed (5) 43:19;62:2;97:14,15; 86:15;97:3;99:8;104:6; 153:12 167:17;171:14;178:1; 179:1 discussing (2) documents (4) 97:5;117:8 6:19;10:17;138:13; discussion (4) 139:8 113:9;117:22;148:14; dog (1) 153:11 134:6 discussions (3) dollars (14) 41:1;49:21;141:8 24:2;54:23;84:20; disease (2) 89:19;112:11,17,20; 57:2;106:23 125:23;131:19,22; dismantled (1) 146:18,18,19,20 12:11 done (27) dissolve (2) 8:9;10:15,19;12:4,4; 61:23;62:3
120:12;121:2,4;133:11;
Min-U-Script
(4) Diane - equal
Buckley vs City of Buffalo School District equipment (21) 21:8;22:10,15;69:12; 73:5,13;75:6,15,17;

77:23;94:9,19;95:13,17, 20;96:4;150:10,12,16,18;
Debbie Buckley February 13, 2012 fine (3) 147:12,14;153:23 finish (3) 14:9;30:7;117:6 first (20)
43:21;44:10;47:5;82:1;
151:23 equitable (2) 10:20;11:10 Erin (2) 3:7;179:9 error (1) 81:6 Especially (1) 102:19 essentially (1) 167:1 establish (4) 9:13;20:3;42:17; 123:15 estate (1) 132:16 even (31) 13:13;38:11;42:12;
45:19;49:1;58:8,9;59:1,
18,22;70:7,16;75:20; 79:21;81:20;87:12;
89:16;90:19;93:16;95:4;
97:9;123:12;135:23;
136:22;143:17;144:11,
13;148:9;154:13,14; 169:12 event (1) 31:15 eventually (3) 10:17;125:8;155:16 everybody (3) 23:15;73:3;173:20 everyone (6) 23:11,11,15,20;53:6; 62:1 evolve (1) 91:19 exacerbation (1) 52:2 exact (1) 144:3 exactly (2) 66:12;94:14 EXAMINATION (2) 3:4;178:21 example (3) 85:15,16;157:20 exchange (1) 68:8 exclusive (1) 94:21 exclusively (1) 7:11 Exhibit (42) 53:19,21;54:1,5;76:7, 12;79:6;80:9,15;83:9; 86:10,16;98:1,5,5;
103:23;104:1,6;111:15;
112:1;113:15;120:18; 127:6 121:23;152:15,18,22; fall (2) 153:4,20;154:8;158:5,23; 91:3,4 166:19;167:13,18;171:3, Falls (2) 9;175:1;177:19;178:2,23; 3:2;4:18 179:12,16 far (8) exist (3) 28:22;39:11;59:22; 24:6,8;31:18 117:1;122:6;136:17,19; existed (3) 174:14 13:10;83:4;143:7 fashion (1) existence (9) 93:9 13:14;23:3,4;28:17,18; fast (1) 31:23;39:16;44:11;70:16 124:6 existing (1) father (2) 29:8 37:18;44:17 expenses (3) favor (1) 161:19,20,21 128:17 expert (1) February (5) 74:19 16:2;24:10;32:5;70:15; 72:6 expertise (2) Federal (2) 6:23;7:1 4:22;8:4 explain (4) 22:8;49:6;55:15;172:9 fee (8) 87:20;88:4,12;89:3,6, explained (2) 11;111:12,14 158:18;170:11 feel (1) explaining (1) 90:18 155:2 fees (3) explanation (1) 82:14;88:6;128:3 112:23 felt (1) explicitly (1) 126:8 9:15 few (4) extent (1) 24:3;102:11;119:10; 156:8 122:10 field (1) F 7:2 fifty (5) facilitate (1) 24:2;34:3,4,5;143:20 177:4 fighting (2) facilitating (1) 106:22;163:5 56:21 figure (1) facilities (1) 113:10 98:13 file (1) facility (21) 27:4 17:12;31:4;46:19; 77:16;83:15;90:19;91:4; fill (1) 164:9 94:22;95:3,17;96:13; 97:14,17,18;113:22; filled (1) 92:22 114:7;118:22;142:9,17; finally (3) 152:10;164:17 57:17;92:12,13 fact (8) 32:4;67:13;72:9;87:8; Finance (1) 157:18 107:1;113:11;125:12; finances (1) 156:20 7:6 failing (1) financial (6) 11:21 7:3;40:20;54:19;56:14; Fair (16) 105:5;110:16 8:2;9:12;56:16;58:16; 59:5;66:15;94:20;95:21; find (9) 16:10;17:12;31:1,6; 110:21,21,23;111:1,9,10; 59:18;94:8;157:7;163:10, 113:10;158:3 12 fairness (1) finding (2) 111:11 16:9;41:11 Falk (1)
104:8;111:19;113:16; 125:1;131:5;138:16; 146:5;148:23;153:4;

154:6,9,22;155:4;159:19;
176:11;180:11 fit (1) 49:19 Five (9) 36:19;55:1;77:7,10;

107:1;143:21,23;146:19;
147:4 fizzle (1) 127:9 flare (1) 29:15 focusing (1) 27:23 follow (1) 78:7 followed (2) 8:22;9:2 following (1) 28:3 follows (1) 3:2 follow-up (1) 178:23 force (1) 58:5 forget (4) 32:18;50:6,8;72:12 forgot (2) 49:2;97:11 form (4) 27:5;76:7,13,18 formal (1) 167:6 formalize (1) 167:4 formed (4)
57:23;106:20;107:1; 143:21,23 frankly (1) 95:23 free (4) 50:22;52:7;67:15; 71:19 friends (2) 124:23;125:17 friendship (3) 125:8,15,19 front (1) 97:22 full (2) 4:13;58:5 fully (2) 101:18;177:8 fund (1) 117:16 funded (2) 117:14,15 funding (3) 14:19;118:1,2 funds (5) 92:16;117:14,15; 150:5;173:2 Furlong (30) 3:16,18;17:22;31:9;
82:17;83:7;87:14;96:18; 97:20,23;98:23;99:5,21;
103:9;107:19;108:1; 109:3;110:3;112:4; 133:15;139:15;141:5;

147:8;148:13,15;178:21;
179:3,7,15;181:5 furniture (1) 150:21 future (2) 117:10,12
Galani (3) 114:2,13;117:2 gas (1) 154:7 26:15;29:5;32:10;82:1 gave (7) former (1) 3:2;30:19;86:2;93:16; 40:17 108:16;154:5;160:8 forth (6) general (1) 52:3;54:20;57:18,20; 56:11 58:2,3 generally (5) forty-four (1) 5:15;7:23;9:10,11; 165:12 180:2 forty-nine (2) Genesee (23) 131:18,21 32:14,14,16,19;33:1; Forwards (1) 42:19,23;68:3;140:1; 138:8 142:7,22;144:5,20;145:3, found (2) 12;146:15;148:18; 35:5;87:7 149:14,18;151:16; Foundation (2) 152:10;163:13;165:10 72:13,20 gentleman (1) four (5) 147:10 (5) equipment - gentleman
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Buckley vs City of Buffalo School District gets (2) 96:17;157:7 Gist (1) 123:5 G-I-S-T (1) 123:5 given (5) 7:5;9:2;19:22;21:7; 52:10 giving (3) 10:20;53:3;92:2 Glena (3) 50:4;141:4,6 goes (2) 24:2;91:2 good (5) 22:15;47:4;49:19; 126:13;150:8 Gordon (4) 34:7;108:23;109:8; 134:13 grabbed (1) 138:23 grant (3) 5:18;9:14,16 grants (2) 6:19;28:2 Great (1) 181:7 guess (19) 17:3,22;31:22;54:18;
62:6;64:2;76:1;82:3,17;
88:11;99:21;107:5;109:2, 3,5;111:18;162:2,5;179:1
Debbie Buckley February 13, 2012 hereby (1)
14:14;57:16;60:10;
70:22;93:1;94:18;123:17, 81:16 22,23;131:7,12,13,14,15; Hernandez (3) 118:18;179:19;181:1 141:20;150:9,12;151:22;
I
ID (1) 25:13 idea (14) 34:14,16;71:7;77:7;
80:3;96:1;98:17;100:14, 15;119:2;124:14;163:8;
174:13 happening (1) 156:12 happens (5) 57:2,11;62:12;91:3; 106:22 harassers (1) 169:14 harassing (2) 157:13;163:22 harassment (5) 156:22;157:11;158:1; 164:9,22 Hassan (2) 167:18;169:3 H-A-S-S-A-N (1) 167:21 Hayes (27)
hey (1) 94:19 Hickory (50)

9:8;19:7,10;20:9,10,11; 21:6,6,10;36:10;39:19;
40:1;41:2,9;42:2,4;43:21;
169:13;174:11 46:10;48:16,22;49:5; ideas (2) 51:13;64:7,12,15;68:2, 53:3,5 13,20;69:6;73:8;74:7; identical (1) 77:9,23;78:11;91:4;96:4; 176:6 99:12;108:13;140:1,8; identification (16) 143:1;144:12,14;149:13; 53:22;54:2;76:8;79:7;
152:7;164:17;165:8,14,
80:11;86:12;98:2;104:3; 152:16,20;153:1;167:14;
20;166:10 Hildebrand (1) 157:16

H-I-L-D-E-B-R-A-N-D (1)
157:16
66:22,23;67:23;68:1,6, hired (4)
guessing (8) 18:2;60:4,5;81:10; 90:5,6,8;98:22 guy (5) 44:16;50:4,5;72:12; 114:3 guys (9) 71:11;112:6;115:20;
120:7,9;133:2,4;137:11;
152:4
H
half (2) 144:7,8 hand (1) 138:23 handle (1) 110:11 handles (1) 44:19 handwriting (2) 83:10;86:21 Hang (1) 148:13 happen (6) 12:16;21:12;38:20; 57:12;77:18;102:19 happened (19) Min-U-Script
8,11;78:14,18;79:14; 3:8;5:13;19:4;92:13 87:16;123:5;126:11; hiring (1) 128:3,6,8,14;129:11,14; 92:19 130:7,8,11,16;131:2,17, hit (1) 18;135:20 65:9 H-A-Y-E-S (1) hits (1) 66:22 57:14 Hayes's (1) hold (6) 87:6 27:10;59:4;64:5;96:16; hear (2) 164:11;166:2 138:19;139:2 hole (1) heard (6) 93:5 23:19,20;138:13,16,18, Hollow (1) 17:3 18 home (2) hearsay (1) 26:19;69:2 35:4 Heart (4) homeless (3) 26:21;115:9,11 72:12,20;138:3,5 honestly (2) held (6) 5:11;19:14,14;27:14; 3:14;35:2 108:14;124:13 hoping (1) helm (1) 42:1 House (7) 93:20 help (20) 26:20,20;38:5,7;134:4, 29:12,17;30:3;50:19; 8,20 51:17;52:4,6;61:20; housed (1) 72:21;115:13,14;156:23; 15:9 159:2,14;162:17;164:5, Hovicish (1) 10;166:3;168:7;175:19 14:2 helped (3) H-O-V-I-C-I-S-H (1) 26:8;59:22;161:3 14:5 Humber (7) helper (1) 52:1 134:16,18,19,19; 135:13,18;136:10 helpful (2) H-U-M-B-E-R (1) 5:9;51:19 helping (8) 134:17 24:20,22;26:7;65:20; hundred (11) 67:17;110:14,15;156:17 77:7,10;84:20;89:18; Herberger (1) 125:23;146:18,19,19; 44:17 147:4,4;149:21
171:5;175:2;177:21; 179:13 identifies (1) 108:11 identify (1) 92:1 ill (2) 73:3;107:3 illness (3) 56:23;102:13,15 immediate (3) 102:9,9,11 immediately (2) 102:4,5 implement (2) 13:7;29:12 implemented (1) 11:19 inappropriate (2) 169:10,11 Inc (1) 86:11 incarcerated (1) 115:8 including (2) 4:5;5:12 incorporated (2) 24:11;27:2 increase (1) 55:1 indicated (2) 40:16;127:12 indirect (1) 146:23 indirectly (1) 121:5 individuals (2) 83:22;157:10 informal (1) 151:6 information (3) 8:9;13:6;17:20 ing (1) 156:23 initialed (1)
105:2 initially (5) 20:1;26:9,18;31:5; 42:14 initiated (1) 180:20 initiative (1) 149:2 initiatives (1) 165:23 inscription (1) 83:8 insidious (1) 57:14 installed (1) 72:4 installments (1) 112:10 instance (1) 128:6 instances (1) 181:1 instead (6) 5:6;121:14;128:3,14; 129:3;130:7 instructing (1) 168:7 instructional (8)
11:16,18;13:15;14:22;
15:1,3;22:9;168:14 insubordination (1) 4:4 integration (1) 116:7 intention (1) 45:13 interest (3) 40:20;136:16,22 interested (5)
43:4;45:7;46:12;48:20;
52:19 interesting (1) 96:17 interface (1) 47:22 interfere (2) 126:19;127:8 Internet (2) 114:22;154:7 interrupted (1) 15:7 intervention (1) 91:18 into (33) 5:13;9:14,15;17:1;
21:6,10;39:16;40:1;41:2;
56:23;58:12,14;70:19;
75:1;84:15;89:15;91:11;
98:17;113:22;114:20;
117:10,11;118:16,17,23; 120:18,22;121:23;155:4;
163:11;164:18;175:8; 176:17
(6) gets - into
Buckley vs City of Buffalo School District introduced (1) 125:1 investigate (1) 3:9 invited (2) 63:18;133:10 invoice (10) 22:17;90:16;167:14;
169:3;171:4,11;175:7,16,
Debbie Buckley February 13, 2012 knows (1) 178:14 7:8;76:14 left-hand (1) 144:10 leg (2) 41:15,16 legal (3) 4:15;25:5;180:1 legally (1) 121:17 Leon (1) 14:2 less (5) 38:8;90:10,12,13,14 letter (11) 50:14;52:15;53:21; 152:16;153:6;158:21; 160:7,14,16;177:20; 178:3 life (2) 103:3;111:19 lights (1) 162:6 liked (3) 127:4,5,6 line (6) 43:9;55:11;69:4;75:2; 117:17;172:14 lining (1) 41:9 list (5) 79:6,11;80:1;86:2; 122:7 listed (3) 72:9;81:17;137:2 listen (1) 93:23 little (20) longer (7) 45:21;65:11;70:5,8; 82:19;126:10;159:20 look (14) 16:23;54:13,19;95:3; 111:18;113:16,22; 117:10;153:4;161:6;
166:20,21;176:6;179:16
20:23;21:1,9 judgment (1) 73:1 July (1) 92:1 June (24) 6:4,6,7,15;7:8;8:12;
22;176:18 invoices (6) 175:1,5,14,20;176:1; 177:2 involved (21) 24:17;28:5;34:10,11;

35:12,13,23;40:11;47:18;
48:21;60:19,21;61:18;
69:17;70:5,8;108:23;
132:17,20;135:21;139:10
involvement (11) 11:3,14;15:10,14,17, 19;20:4;35:21;46:21; 95:6;174:2 Iona (1) 157:15 issues (2) 8:23;177:9
J
Jamie (20)
19:1,3,11;20:15,16,18; 92:10,12;93:1;109:21;
110:4,7;113:20,20;115:5;
119:5;122:3,4,12,15 Jamie's (1) 19:12 janitorial (2) 137:3,10 January (16) 16:1;24:9;59:18;72:6; 76:19;77:21;97:8,10;
98:16;99:9;100:12,14; 152:18;154:12;155:6;
158:17 jeez (3) 74:13;157:9;158:2 Jim (3) 3:6;83:7;148:15 JIT (3) 91:17;92:6;102:20 job (17)
12:6,7;92:10,11,12,12;
119:6,7,8;126:13;145:9; 155:4;156:4;162:15,19;
163:20;173:11 jobs (1) 164:10 joint (1) 91:18 joints (1) 57:11 Joseph (3) Min-U-Script
Labeled (1) 98:5 12:15;16:1;20:22;21:13; larger (2) 57:16;58:4;72:6;127:22, 142:14;144:9 23;148:19,21;150:7; Lark (8) 159:19,20;160:1,2,2; 132:12,13,22;133:2,17; 164:1 134:1;135:16,16 June's (1) last (7) 171:21 8:14;14:4;36:21;38:10, 12;110:3;157:22 K later (5) 77:21;99:15;149:13; 155:8,10 Karen (1) 157:16 laugh (1) Kathy (6) 132:23 172:1;173:17,19; laughing (4) 66:13;133:4,11;134:9 174:5;178:3,16 Kathy's (1) Law (5) 172:20 8:4;12:16;13:19;173:1, keep (2) 1 Lawrence (5) 133:4;169:20 keeping (1) 44:21;45:3,20,23;46:2 72:3 lawyers (2) keeps (1) 3:15,16 34:7 layout (3) Kelleher (1) 176:21,21,22 180:11 lead (3) Kelleher's (1) 8:22;9:2;121:1 179:22 leading (1) Kentucky (3) 9:8 35:6,8,10 learn (4) 12:12;109:17;165:22; Kenview (1) 135:9 169:12 learned (2) kept (3) 119:19;120:17;150:14 127:18;173:11 learning (4) key-chain (1) 176:19 13:22;162:15,15,18 lease (26) kids (7) 26:19;95:7;115:11,14; 36:10;39:2,19;54:1,6; 151:8;168:2,11 58:12;59:8;60:7;61:15; kind (8) 62:6,8;64:7,18;65:5; 69:16;70:11,14;76:21; 26:7;36:13;73:4; 82:20;83:14;90:20; 106:22;109:21;139:16; 95:12;118:16;146:6; 155:3;168:12 179:3,12 knew (19) leases (1) 39:11;45:18;55:14; 44:19 61:10,20;62:4;65:14; 67:23;71:9;90:13,14; leasing (2) 52:17,19 95:16,19,23;96:1;108:18, least (4) 22;159:19;178:12 6:20;16:9;45:20;104:7 knowledge (14) leave (10) 26:1,15;29:5;32:7; 6:3;42:23;98:9;115:2; 48:7;64:5;67:22;75:5; 122:22;123:2;127:21; 78:9;84:16;115:22; 137:19;138:14;172:18 133:19;138:12;166:5 led (1) known (6) 153:18 36:11;37:10,11; 124:16;146:2;174:5 left (2) Metschl & Associates (716) 856-1906
looked (5) 41:22;140:7;158:15; 164:21;170:6 looking (28) 16:20,20;20:12;34:6;

42:15;44:20,22,22;45:19; 74:22;83:3;92:11;95:4,7;
97:3;108:10;110:21; 114:23;115:1;119:14; 120:21;123:14,14; 134:21;141:14;151:11; 165:2;179:17 looks (4) 171:11,16;173:6;178:6 Lord (1) 129:10 lost (1) 157:7 lot (25) 18:12;29:12;41:15; 58:22;59:23;71:1,12; 92:2,23;102:9;110:13; 119:17;120:20;122:20; 123:3;155:23;156:17; 157:10,17,23;163:21; 164:3,22;165:3;169:20 lots (1) 119:12 Love (21) 3:11;15:12;16:8;21:19; 25:16,18,21;26:2,4,14, 29:18;43:3;57:12;64:2; 17;27:1,5,8,22;28:4,5,13, 65:9;113:3;136:17; 17,21;29:7;34:11,17; 137:22,23,23;138:1,2,3,3; 40:14,17 140:18;149:20 low (1) live (5) 165:19 34:19;38:5,7;134:13,22 lower (1) lived (7) 80:16 4:19;35:2;135:12,13, lowest (1) 15,16;136:20 91:17 lives (5) Lutheran (3) 34:23;35:1;135:6,7,17 20:23;21:9;174:12 living (4) 134:6;136:17,20,23 M locate (1) 16:16 ma'am (15) located (5) 4:13,19;12:1;15:8; 32:15;134:10,12,16,18 50:11,17;76:15;86:17; location (4) 89:3;113:16;127:11; 21:7;33:2;77:13; 165:4;166:13,14;167:17 133:20 maiden (1) long (13) 8:16 4:19;5:11;27:22;36:11; maintenance (2) 37:10;38:7;102:2,2; 82:14;177:10 107:5;124:13,16;127:21; making (6) 146:2 22:20;88:1;149:22; (7) introduced - making
Buckley vs City of Buffalo School District mind (4) 65:9;118:11 150:3;168:13,15 31:16;47:3;108:9; maybe (24) manage (1) 116:22 16:1;27:15;28:7;34:3; 5:17 36:23;46:1,15;53:6; mine (1) manager (1) 31:8 55:15;72:6;94:7,8;114:9; 108:13 minister (1) 121:13,19;124:21; many (16) 26:21 143:21;144:2;145:8; 18:14;34:1;62:15,18; 71:11;85:19,22;91:9,15; 147:19;149:14;154:14; Ministries (4) 25:16;34:11,12,17 122:19;124:18;143:18; 162:2;165:22 ministry (2) 163:4,12;170:16;177:13 mean (21) 25:14,15 March (3) 7:23;21:16;25:7;27:3; 35:14,15;39:23;43:18; minute (3) 5:14;10:5;16:2 74:10;96:18;174:20 mark (7) 55:15;60:14,16,21;83:3; 76:4;80:7;86:8;167:11; 87:18;133:12;136:17; misconduct (1) 3:10 171:1;174:22;177:17 137:11;138:2;139:13; misspoke (1) marked (30) 143:17;176:9 99:3 53:19,22;54:2,5;76:8, means (1) mistake (2) 12;79:3,7;80:10,15;86:6, 139:14 88:7;169:9 12,15;98:2,5;103:22; medications (1) misunderstood (1) 104:2,6;152:13,16,19; 58:7 143:3 153:1;167:14,18;171:4,8; meet (8) 175:2;177:20;178:1; 6:12,16,20,21;97:4; Mm-mm (10) 179:13 25:14;39:7;75:16;78:6; 101:11;164:2;173:21 market (2) 105:12;138:15;139:5; meeting (4) 58:16;59:5 140:12;148:11;155:7 63:5,18,23;98:1 married (3) modules (1) meetings (2) 8:16;37:19;38:13 168:14 20:18;26:22 Mastery (120) mom (17) member (1) 24:4,5;25:3,6,7,9,10,22, 26:21;29:10;33:22; 139:4 23;28:21;29:4,8,9,9,11, members (4) 41:14;43:17;52:6;53:6; 19;30:2,8,11;31:14,23; 139:1,3;157:14;163:22 56:18;70:16;72:18; 32:7;33:3;34:2,10;40:23; mention (1) 79:21;132:17;133:5; 41:2,8,9,12;42:1,3,7; 103:3 146:21;149:23;150:3; 43:3;45:1,7;46:3;47:15; mentioned (5) 151:18 48:6,13,15,17;49:3,4,16, 32:4;69:8;113:20; moment (1) 23;51:4,6,7,13;54:7,16; 127:20;163:15 148:13 55:9,19,20;56:16;58:12; mentioning (1) money (18) 59:9,12,19;61:8,18;64:6, 163:14 68:9;110:17;115:21; 16;65:4,19;67:10,13,19; mess (1) 116:6,10,20;119:14; 68:5,8;70:14,15,19;71:3; 57:13 120:5,21;121:2;128:4; 72:13;75:5,9,14,17; messages (1) 130:6;139:18;149:18; 76:21;78:10,19,21;79:1, 138:11 151:13,16,21;177:6 19;82:19;90:21;96:3; messed (2) month (8) 111:4,12,23;112:11,16; 82:23;83:2 37:19;38:3,4,5,8;157:7, 113:13;123:8,12;140:19; met (17) 23;163:8 142:16,22,23;143:9,14, 5:22;19:21,21;20:8,9; monthly (3) 18;144:6;145:15;146:6; 36:14;63:1,2,3,4;69:18; 6:13,17,21 94:14;97:9;103:13; months (7) 147:16;148:3;149:16; 113:23;124:17;153:19 70:20,23;102:11,16; 150:9,14,18;151:2,9,10, 106:20;155:10;157:22 12,15;159:15;160:5 Methotrexate (1) 58:6 more (15) M-A-S-T-E-R-Y (1) might (44) 9:10;10:18;20:6;34:5; 24:4 70:18;71:11;99:23; MasteryCenter@yahoocom (2) 10:4;14:5;17:14,16,19, 106:16;110:19;111:4; 79:14;80:4 19,21;20:21;28:18;29:17; 113:3;144:2;149:17; materials (7) 47:3,8,21;52:21;53:5,7,8, 151:13,16 13:5;21:4;72:5;91:8,9, 10;57:9;63:21;65:18; 75:22;78:16;90:1;95:5; morning (4) 15;101:2 84:4,4,11;85:5 math (4) 102:18;107:17,17; 85:4,8,14;88:17 115:18;117:13;119:21; most (3) 8:9;27:18;28:16 matter (4) 121:3,7,9,9,11;123:20; 127:20;136:3;144:1; mother (27) 34:6;72:9;99:5;107:1 24:18,20,21;25:1;28:9; 147:6;149:13;163:15; may (6) 176:19 35:13;36:8;37:18;38:19; 4:3,9;36:10;60:11; Min-U-Script Metschl & Associates (716) 856-1906
46:6;47:19;49:17;50:18; 51:18;52:1;61:21;63:19,
Debbie Buckley February 13, 2012 47:14;110:7;113:12; 161:12 21;69:22;71:10;72:19; negotiating (1) 113:12 127:14,19;133:6,9,13; negotiation (1) 137:5 52:21 mother-daughter (1) negotiations (1) 41:17 161:16 mother's (7) 26:11;50:19;87:7,11, Neighbor (17) 25:18;26:2,4,14,17; 12;124:10;127:16 27:1,5,8,22;28:4,6,13,17, Mount (2) 22;29:7;40:14,17 20:23;21:9 neighborhood (2) move (7) 51:1;52:10 21:14;42:19;51:5; 59:22;118:13;144:11,13 Neither (2) 137:21;180:15 moved (10) 21:5,9;38:10;59:11; neutral (1) 9:6 134:20,23;135:17;136:2, New (11) 3,7 3:2;4:18;6:22;10:5,10; movement (1) 14:2;24:11;27:4;35:1; 56:21 91:20;131:9 moving (3) 51:13;106:16;156:19 news (2) 49:6;137:7 much (11) 29:17,21;31:15;49:1; next (4) 44:13;76:4;103:23; 93:19;144:5;146:17; 162:13 148:9;151:5;156:11; Niagara (2) 157:2 3:1;4:18 must (2) nice (2) 72:19;180:18 147:10,13 myself (2) nobody (4) 29:14;133:5 92:10;94:22;146:1; 164:7 N nodding (1) 5:7 name (22) 4:13,15;8:14,16;14:4; None (1) 52:16 25:6;26:4,11,13;34:7; 38:11,12;50:6,8;72:12; nonpub (2) 152:5;168:17 87:11,12;110:3;127:16; 137:15;141:5;171:21 nonpublic (65) 8:4;9:6,13,18;10:14,20; names (1) 11:2,3,6,10,12,13;12:8,9, 167:21 10,18;13:3,4,7,9,14,21; Nazareth (3) 14:21;15:4,5,16,17,21; 20:23;21:9;174:12 16:17;17:12;18:17; near (4) 20:21;44:5;53:12;64:23; 76:13;107:3;108:11; 65:2;66:8,8,16,17;68:21; 127:11 69:9;77:3,5,16;78:16; necessarily (1) 82:22;91:7;97:8;98:14; 174:5 126:14,15,20;145:6; need (17) 149:10,12;151:8;168:9; 7:5;22:10,12,12;31:6;
78:17;88:3,6;93:18,20;
96:18;132:1,2,5;164:16;
172:8,12,14;173:2,14,20;
165:10;172:20 needed (7) 6:18;12:4;23:22;70:1; 88:9;118:3;155:2 needs (1) 74:20 Neglected (3) 115:5,6,7 negotiated (4)
174:7 nonpublics (2) 47:1;92:9 nonpubs (3) 73:6;89:1;126:23 Nope (5) 32:17;39:10;128:5; 134:15;168:21 nor (1) 180:15 (8) manage - nor
Buckley vs City of Buffalo School District normally (3)

100:19;107:11;157:23
Debbie Buckley February 13, 2012 ordering (2) 13:18,20 orders (1) 82:5 ordinarily (2) 108:3;131:9 organize (1) 51:18 organized (2) 93:8,8 original (2) 31:22;172:1 originally (4) 45:19;49:2;61:19; 159:22 others (1) 127:6 otherwise (1) 90:7 out (35) 11:21;26:8;31:1,6;
32:13,20;42:7;43:5;53:4; 57:12;60:18;67:17;87:7; 102:20;107:2;110:14,15;
note (1) 20:21 notes (1) 72:2 notice (1) 179:18 November (7) 20:20;57:4;59:1,9; 91:23;112:9,16 nowhere (1) 73:19 number (13) 25:13;32:18;35:6;
50:21;52:7;56:6,7,9,10,
officials (1) 173:2 Oladele (24)

6:1,2,7;7:8;88:1;91:19;
owns (2) 36:2;136:10
24:22;30:16,18;67:10; 82:6;86:3;90:9;100:16;
101:16;111:5;112:12,16, 20;116:7,8;120:7;121:2,
P
packet (2) 57:22;58:1 page (13) 54:13,19;104:8;
92:2;94:10;95:9;97:4;
99:23;100:18,23;101:20; 103:2;104:18;122:11,13; 154:21,22;155:11;169:7;
20;128:20;130:11,12; 146:15,17;148:4,10;
154:17;155:9,16;161:9,
180:13,15 O-L-A-D-E-L-E (1) 6:1 Oladele's (1) 104:19 old (7) 37:11,12;38:4;44:21;
103:14;147:18;171:18
13,14,18;162:4 payable (1) 112:10 108:11;112:2,4,5;113:17; 129:23;161:6;176:3,11; paycheck (1) 30:17 179:17 paying (29) paid (24) 56:16;67:22,23;84:19; 28:13,15;30:10,12,14,
15;83:20,22,23;86:21;
88:11;89:3,6,6,10;96:12;
11;127:10;131:21;155:10 once (6)
90:15;94:20;96:6; 100:10;101:4;120:7;
125:22;128:4,7;129:2; 130:7;131:18;139:20;
111:5;120:11;128:3;
129:8,11,11,20;130:6;
131:1,3;139:10;149:20; 151:11;152:10;154:6,20;
19:3;38:16;57:23; 120:6,15;163:8 One (71)
5:1;11:15;16:23;18:13; obligation (1) 23:14;24:5;30:12,15,19, 103:18 19;31:6;32:19;36:23; observed (1) 38:4;44:10;53:9;60:18; 127:2 62:17,19,20;71:23;73:2; obtain (2) 74:2,4,17;76:5;79:2,20, 7:14;9:3 22;86:21;93:3,6;97:4,16; obtained (1) 102:10,13;103:3,8; 79:11 106:14;107:17;121:7,13; obtaining (1) 123:15;125:2;136:9; 48:16 138:5,23;139:3;140:9; obviously (8) 141:10;143:19;144:2,8, 3:18;12:21;70:21; 18;148:13;152:3;156:6; 77:20;79:12;87:5; 161:6,16;162:10;165:11; 145:11;170:22 166:11,11;170:7,8;175:9, occasion (2) 10,11,12;176:4;177:7 17:8;121:7 ongoing (1) occasions (2) 148:4 17:7;105:23 only (23) occurring (1) 30:12,15;73:22;79:1; 155:22 82:6;91:7,8;92:5;97:17, October (6) 18;107:20;108:22; 20:20;57:4,13;80:18; 115:17,19;136:9;141:17; 91:22;171:16 144:8;157:2;164:23; off (11) 170:7,8;172:12,13 26:18;48:3;59:18,19; 102:12;141:22;148:14; onto (1) 166:2 156:6;162:6;169:6; open (2) 180:15 115:17;143:7 offer (1) operated (1) 53:13 127:13 Office (15) 12:10,17,18;13:1,9,13; operations (1) 64:15 14:10,15;15:22;63:2; 108:3,7;130:21;175:8; opportunity (2) 23:16;165:17 176:17 opposed (2) officer (4) 86:20;151:19 7:3;27:7,14;105:5 oral (1) officers (1) 148:9 32:8 order (14) offices (3) 22:17;23:7,7;80:10,16, 42:21;43:7;71:23 23;81:8,19;82:1,2,9,13; official (3) 86:11,16 4:2;172:8,14
114:11;115:2;120:15; 123:14;125:11;127:9; 136:3;138:23;142:2,9;

147:21,22;159:3;163:10,
12;165:11;173:5,7 out-of-district (1) 166:17 over (19) 14:15;15:22;24:2,8; 29:20;56:22;62:23; 65:16;66:6;73:5;85:3; 92:12;102:21;133:9;
162:2;163:5,6;180:7,17
overall (1) 44:5 overloaded (1) 91:16 oversee (3) 41:19;84:10;164:6 overseeing (2) 93:12,14 overstep (1) 121:18 overstepping (1) 65:18 owe (2) 120:1,2 own (13) 7:23;25:11,13;28:20;
155:3 painting (1) 85:17 paper (2) 56:21;59:23 papers (2) 27:4;137:2 paragraph (1) 115:3 Pardon (3) 16:13;89:5;122:23 parent (12) 11:2,13;15:10,13,17, 18,19;16:21,22;20:4; 46:21;95:6 parents (5) 11:4,7;15:16,19,21 parish (2) 44:14,15 part (12) 3:10;12:6,7;37:7; 52:20;97:14;106:15; participate (2) 60:12,14 participating (1) 157:11 particular (7)
160:20,21,22 payment (17)

21:23;22:2,18;23:1,2,6; 25:1,2;81:4,10,11;89:17;
94:2;120:15;131:1,2,2
payments (8) 21:21;119:20,20,23;

128:13;149:22;150:1,3
payroll (4) 25:3,4;30:16,17 Pennsylvania (3) 35:7,8,10 people (36)

34:1;39:11;43:17;52:6;
53:5;72:21;82:5;101:22;
102:9;113:21;120:17;
126:18;138:4,7;141:18; 147:15;155:23;156:7,14,
18,21;162:2,17;163:6;
164:4,10,19;165:17;
170:15,16,19,20;171:23;
172:7,17;177:5
145:17,21,21,22;149:2 perfect (2)
164:12,13 perform (5) 39:21;46:19;133:19; 156:4;168:1 performance (2) 4:2;125:20 12:5;31:18;57:2;77:12; 117:11;119:9;151:3 performed (4) 9:18,20;39:18;167:22 parties (3) period (11) 42:12;60:18,20 24:8;28:5;29:20;56:22, parts (1) 23;64:11;112:21;152:9; 145:20 42:17;43:9;56:1;68:18; pass (6) 162:21;166:20;177:14 111:3;155:14;172:18; 7:7;100:22;101:10,19, persistently (1) 175:16;177:2 91:17 22;102:3 owned (5) person (19) passed (1) 45:3;108:17;132:22; 8:18;30:17;38:12; 20:5 133:20;134:20 44:19;61:10;62:21,22; passing (1) owner (5) 63:4;74:9,20;79:1; 36:14 102:14;108:22;123:6; 36:3,4,5;37:7;142:7 past (1) owners (1) 147:10,13;157:21,22; 121:21 41:1 172:1 pay (33) Metschl & Associates (716) 856-1906 (9) normally - person
Min-U-Script
Buckley vs City of Buffalo School District personal (5) 25:2;107:7;110:15; 124:23;133:12 personality (1) 71:12 personally (2) 173:22,23 Peters (2) 43:23;44:7 phone (7)
149:16;150:1,4,5;162:21; principal (3)
Debbie Buckley February 13, 2012 Programs (2) 67:8;73:8,21,23;74:7; 4:23;115:4 80:3;82:13;88:19,21,23; progressive (1) 91:2;114:20;161:3,18,20; 57:3 163:23;166:17;167:6; Projects (1) 172:13;175:8;179:3,7 157:17 putting (2) properly (2) 117:11;173:3 9:21;10:15 property (7) Q 22:21;59:6;64:7;77:1; 136:15;151:3;159:16 quarters (1) proposed (7) 147:22 89:12;96:23;99:10,18; quick (1) 100:1;105:21;163:11 76:2 proposing (1) quite (3) 117:3 119:10;122:10;158:2 protocol (4) quotations (1) 21:20;22:5;180:2,6 158:8 provide (7) 35:15;49:22;64:10; R 68:11;84:11;140:10; 141:2 RA (2) provided (17) 52:2;57:8 10:23;11:1;50:23;52:8; raised (2) 68:16;71:21;84:7,11,12; 98:17;179:9 85:3;113:17;121:23; Ralph (2) 139:23;140:22;141:9; 118:18;179:19 148:18;166:6 rate (1) provider (5) 165:19 48:11,12;79:12;172:11, rather (2) 13 106:4;128:8 provides (1) reached (1) 112:1 56:13 providing (12) reaching (1) 9:16;33:4;66:20;68:2; 75:1 69:4;71:15;140:16; reacquainted (1) 156:22,22;157:18; 39:6 162:23;166:4 reading (3) provision (1) 85:4,9;88:16 168:6 real (3) public (5) 29:22;73:3;132:16 33:12;50:23;52:8; realize (2) 68:22;165:19 156:8,11 purchase (18) really (51) 22:17;23:6,7;77:14; 26:5,7;28:3,15;29:21; 80:10,15,23;81:8,19,23; 31:5,11;36:13,14,23; 82:1,2,5,9,13;84:19; 39:1;43:13;51:6,19;52:2, 86:11,16 4;56:20;57:5,15;58:13, purchased (2) 18,20,22;59:14,23;62:10; 14:19;78:9 72:23;73:1;81:13;85:12; purchasing (5) 88:13;89:3;92:5;103:16; 22:9,10,11,14,20 111:11;117:3;121:6; purpose (6) 122:4;125:20;126:7,13,
9:16;16:16;47:4;83:15,
21;133:8;142:23;149:17;
163:19,19;164:16; 24:17;124:9;173:17 171:14,18 principals (2) pointed (1) 24:5;173:21 11:21 prior (42) popping (1) 6:3;7:4;8:6;9:18;12:3, 34:7 7,17;19:9;29:14;33:2; portion (3) 39:2,18,21;40:4,8,10; 84:1;107:2;121:18 41:2;48:13,15;51:13; position (14) 57:8;64:18;68:12,13,20; 5:11,13,16;6:22;16:4; 56:1,1,2,3,7;62:21;94:5 69:5;81:1;91:21;97:6; phrase (1) 18:8;19:14;27:14;97:9; 105:19;109:7,11;120:21; 48:15 108:13;124:13;164:8; 122:22;145:22;146:21; physical (3) 168:20;171:18 147:1;149:14;167:3; 168:22;174:3;180:22 58:13;59:1,4 possibility (1) pick (3) 138:17 priority (3) 93:4,6;122:9 102:22,23;122:7 possible (8) picked (2) 4:4,5;5:4;52:21;53:7; private (1) 113:22;178:9,11 33:12 158:12,13 probably (28) picture (1) possibly (3) 51:10 47:11;115:13;148:19 19:20;20:20;56:21; 66:14;82:15,15,16;86:23; potential (3) pieces (1) 97:8,11,12;99:20;100:23; 164:18 3:10;4:10;117:9 precedence (1) 101:6;102:4,14;105:22; pilot (1) 119:15;130:13;150:11; 83:19 102:21 154:10,10;155:12;161:7; predecessor (1) PLA (4) 162:12,14;164:21;177:3 91:21;92:1,3,6 8:20 problem (4) Prednisone (3) place (38) 12:3,14;13:7,11,13,16, 71:10;95:9,10,11 57:21;58:1,6 17,20;14:20;15:1,3,15, prepare (5) problems (1) 18;20:19;26:18;29:10; 28:20 97:5;108:3;175:14,16, 31:3,13,15,17;32:22; procedures (1) 18 33:17;64:3,6,9,15;65:23; prepared (4) 157:1 72:8,23;74:22;78:17; 107:14;175:7,11,12 proceed (1) 83:12;117:23;120:14; present (1) 8:23 134:22;144:20;164:11; process (6) 63:5 167:7 7:20;16:9;30:21;89:15; presented (4) 92:19;102:5 places (2) 105:16;158:5;159:5; processes (1) 32:13;73:21 177:9 Plant (9) 157:1 President (5) 17:8,11;18:9;19:4,16; 118:20;179:21;180:4,7, professional (41) 11:1,5,13;12:13;13:10; 20:7;73:12;74:9,16 18 plate (1) 20:3;46:23;53:13;64:21; presumably (1) 65:1,23;66:2,6,9;67:10; 110:13 100:12 68:11;69:2,4;78:2,12,13; please (10) pretty (16) 91:5,7;92:15;93:12; 5:4;64:13;65:13,14; 17:19;18:3,4,5;22:13; 101:3,5;116:13,16,18,20, 79:4;91:1;103:23; 64:8,8;93:10;120:7,15, 21;117:3,6;118:3;126:4, 118:15;128:20;130:4 19;124:6;133:12;134:12; 15;155:14;162:5,16; pleased (2) 151:5;160:9 163:23 125:20;126:2 prevented (2) professionally (1) pm (1) 58:14;59:4 127:2 181:8 previous (1) professionals (1) pneumonia (1) 8:7 53:13 107:3 previously (4) program (26) point (39) 8:10;19:14;96:7; 7:15;13:15,22;20:11; 7:11;11:23;13:9;27:23; 145:15 30:2;83:19,20,23;88:2, 28:13;35:5;47:10;60:7; price (1) 56:16 63:9;67:17;74:18;77:15; 20,21,23;90:22;91:2; 82:19;83:13;91:10;92:5; primarily (1) 96:8,9;115:6,7,9;125:21, 41:11 94:7;98:16;103:3,16; 22;127:1;136:7,8;176:7, 106:11;107:5;119:13; primary (5) 18 126:10;128:2;130:5; 45:13;47:22;57:18,18, programming (2) 132:16;143:19;145:2; 20 13:8;166:1 Min-U-Script Metschl & Associates (716) 856-1906
17;145:5 purposes (2) 90:21;98:4 push (1) 102:15 pushing (3) 92:8,9;152:4 put (27)
150:15;151:2;152:4; 155:22;159:10;167:5 reason (16) 70:1,13;89:14;95:1;

105:13;109:7,14;114:9;
117:10;125:19;132:7; 133:4;155:12;164:7; 166:2;172:8 27:13;58:5,6;60:18,19; reasons (5)
(10) personal - reasons
Buckley vs City of Buffalo School District reflect (1) 73:2;93:3,7;128:8; 83:8 130:8 refusal (1) reassignment (2) 4:3 61:23;174:13 refuse (1) recall (24) 3:23 9:22;10:18;17:15,17; 20:18;45:6;54:9;60:10; refused (2) 6:13;157:15 65:8;82:12;84:18,19; 85:11;98:7;100:4,5; refuses (2) 157:4,5 107:23;109:20;128:2,6; 130:14;131:14;142:19; regard (2) 58:23;128:17 153:9 regarding (5) receipt (1) 81:20 5:18;7:6;18:22;180:21, receive (3) 22 regardless (2) 13:6;64:11,13 received (22) 90:15;124:3 25:1,20,20,23;53:22; registration (4) 87:20;88:4,6,12 54:2;76:8;79:7;80:10; 86:11;98:2;104:2;152:16, reimburse (2) 19,23;158:8;167:2,14; 160:23;161:23 171:4;175:2;177:20; reimbursed (1) 179:13 161:21 receiving (2) reinvestment (1) 67:15;165:7 149:6 relate (1) recently (3) 4:1 28:18;29:7;37:16 related (3) recess (5) 37:17,18;92:9 48:4;76:3;96:19; 141:23;174:21 relating (3) 12:11;18:17;92:3 recognize (5) 7:1;54:6;86:16;171:20, relationship (4) 21 6:10;41:3,17;167:5 recognizing (1) relationships (1) 77:15 170:17 recollection (4) relatively (1) 70:9;99:8;101:12; 162:20 124:2 relay (1) recommendation (1) 156:13 177:20 relevant (2) recommendations (1) 103:8,12 5:17 remained (1) record (10) 92:21 5:7;48:3;50:14;83:7; remember (32) 96:22;98:5;141:22; 15:23;18:10,16;27:21; 148:14;179:4,20 30:14,22;31:1;70:12; records (1) 81:7,13;88:13;98:12; 72:3 100:3,11;113:7;120:19; Redfield (18) 121:12;123:10;124:21; 36:6;37:1,10;38:15; 127:5;128:11,19;129:1,7;
39:6,8,11;40:7,10;63:7,

16:20,22;113:4;135:2;
158:20
160:20,21,23;161:1,7,7,8 responsibilities (2)
18;94:16,18;100:7,8; 101:13;103:4;108:12 reference (3) 116:11;124:8,11 referenced (1) 13:11 referred (2) 53:16;69:12 referring (4) 46:19;53:9,14;166:14 refers (3) 52:7;115:3,10
5:16;92:3 rental (3) 22:12;113:17;162:11 responsible (1) 41:11 rented (2) result (1) 17:4;135:22 116:19 Renting (7) 42:11,16;43:4;134:19; results (1) 10:8 135:20;136:15;162:9 retirement (1) replace (1) 12:7 157:21 retreat (1) replacement (1) 17:6 163:16 retrospect (2) report (2) 156:10;169:23 5:20;7:9 reveal (2) reported (1) 103:6,20 6:7 review (5) reporting (3) 6:19;180:3,12,14,14 5:21;6:10;8:8 rheumatoid (1) reports (4) 102:10 91:17,18;92:6;102:20 rheumatologist (2) represent (1) 57:17;58:4 126:8 Rich (1) representative (7) 107:21 46:3;61:2,5,8,14;63:8; right (165) 140:20 7:16;11:15,23;15:12; representatives (1) 16:8;22:13,16,19;23:5,9; 3:20 25:21;29:7;31:1,3,4; represented (1) 33:17,20;37:1,20,22; 43:22 representing (1) 38:1;39:12;40:20;44:6; 63:13 47:14;51:17,21;52:15,19; request (5) 53:9,16,18;54:17;55:2,4; 6:14,15;65:13;81:3,3 56:18;59:1,8,10;60:6,8; requested (4) 65:5;67:9,14,20,21;68:2; 6:12;113:18;126:19; 69:8;70:19;73:6,8;76:11, 127:1 19,22;77:21;80:14,16; require (1) 82:2,7,21;83:6,13;87:1,3, 166:5 6;88:22,23;89:11,17,19; required (6) 90:10;91:3,10,11;94:5, 10:21;11:10;12:15; 18;95:18;99:15;100:6,6, 22:5;24:1;173:1 18;102:2;103:15;105:23; requirement (1) 106:14;107:8,9;108:7,21; 8:3 109:22;111:13,15;112:6, requirements (2) 12,13,19,21;113:15; 52:20;102:21 115:15;116:6;118:13,14, requisition (4) 19;119:6;123:1,4;124:10; 76:7,13,18;82:4 126:12;127:21;128:15; research (3) 129:9,12,18;130:9,16,19; 12:5;56:14;58:14 131:10,19;132:2,5,10; 134:10;135:15,19; 130:20;131:15;142:21; reside (1) 138:12;140:1;141:16,21; 4:17 151:17;178:8,9,11,14 145:12;148:5;149:16; residential (2) remission (1) 151:2;153:11;154:3; 134:8;147:22 57:7 156:1;158:6,10,13,19; resistance (2) removal (4) 159:20,23;160:3,4,19; 156:18,23 161:10,13,15;162:1 164:14;165:8;166:22; resolved (1) removal/utilities (1) 167:17;168:20;169:1,4,6; 122:21 162:22 170:3,10;171:8,14;173:8; respect (1) remove (3) 174:5,17,19;177:7;178:1; 56:13 65:13,14;162:3 179:16;180:16;181:7 respond (1) rendered (3) right-hand (2) 137:22 81:17;167:13;171:4 144:9,9 response (1) rent (11) Metschl & Associates (716) 856-1906
ring (1) 135:9 road (1) 72:22 role (19) 8:20;16:15;17:3;30:1;

34:12,14,16;39:9;46:7;
52:12;55:5,6;78:18;
79:23;91:16,18;92:21,22;
103:1 roles (1) 29:23 rolled (1) 9:14 room (6)

7:18;38:10;60:20;94:1;
113:17;144:8 ROONEY (64)

3:4,6;18:1;31:12;48:3,
5;53:18;54:4;76:2,4,10; 79:3,10;80:7,13;82:18; 83:11;86:5,8,14;87:15;
96:20;97:22;98:4,11;
99:3,6,14;100:2;103:11, 22;104:5;107:21;108:2;
109:4;110:6;112:3,6,7; 118:8;132:19;133:18; 138:9;139:17;141:7,22; 142:1;147:11;148:16;

152:13;153:3;167:11,16; 171:1,7;174:19,22;175:4; 177:17,23;178:19;179:5,
9;181:7 Rosalind (11) 36:5,6;37:1,3;63:6;

69:19,20;82:15;93:23;
110:17;134:12 Roth (22) 44:15,18,22;45:6,16, 23;46:10;47:5,16,20;

48:1;49:1;50:15;52:22; 54:11;55:4;60:17;61:2, 10;63:2;119:17;122:19
R-O-T-H (1) 44:15 rules (1) 117:20 run (7) 7:15;32:11;93:17;

124:9;127:2,19;132:15
running (1) 109:22 Russo (3) 114:17;118:3,6
S
S-A-D-D-I-Q-U-E (1) 167:21 sake (1) 152:8 Sal (1) 146:2 (11) reassignment - Sal
Min-U-Script
Buckley vs City of Buffalo School District salaries (3) 139:10,13,20 salary (1) 139:16 Salvatore (3) 142:3;175:6;177:11 Samantha (1) 122:18 same (38) 8:18;10:8;35:10;38:5,
7,12;42:7;60:20;69:14;
Debbie Buckley February 13, 2012 shelf (1) 102:18 short (1) 26:4 Shortly (1) 94:16 show (4) 84:18;89:23;111:15; 171:8 showed (5) 89:21;90:10,12,13,14 showing (9) 50:13;54:5;76:11; 80:14;86:15;104:6; 167:17;175:5;178:1 shred (2) 138:21;139:8 shredded (1) 138:13 sick (21) 29:16,20;51:17;52:4;
56:20;57:1,4,5;59:16,20;
83:17;90:21;102:16;
111:6,6,12;112:21;115:3;
117:15;123:5;129:23; 130:23;131:4;137:4,5;
144:3;145:17;150:3; 158:1;164:9;165:8; 167:1;169:21;170:13;

176:7,8,10;177:14;179:9
Sandy (1) 137:17 Sanjay (3) 113:23;114:1,2 saw (4) 38:16;103:13;111:17; 164:22 saying (13) 35:7;58:11;86:20,21; 29:23;30:1;73:2;151:1 90:19;95:4;101:6,12; service (5) 133:12;140:5;144:16; 52:8;65:21;85:16; 161:17;178:15 115:9;154:7 scale (1) services (65) 115:16 8:5;9:16;10:20,22; schedule (1) 11:10,16,18;22:11,20; 111:13 23:9,17;33:4;34:1;35:16; School (36) 46:19;48:11;49:23; 3:8;4:10,21;7:15;9:6; 50:22;64:10,11,13,14; 11:2,3,6;13:4,21;33:13; 66:21;68:12,15;69:5;
47:8;50:23;52:8;53:12; 61:3;68:4;71:17;78:16;
81:16;84:1,5,7,12,13,15,
secretary (4) 12:22;27:15,17,18 seeing (2) 178:8,11 seem (3) 94:20;142:5;149:20 select (1) 93:3 sell (1) 83:22 send (3) 74:23;138:4,6 sends (2) 137:22;138:5 sense (5) 29:23;89:16;126:10; 166:2,4 sent (3) 77:23;78:10;153:6 separate (4) 55:5;113:5;142:10,13 September (4) 19:4;91:22;152:22; 166:21 series (1) 3:13 serious (4)
60:22;61:17;72:20,23; 107:2;137:11;155:23;
156:3,5,7,9 sickness (2) 70:6;150:2 side (10) 3:12;92:8,10;102:22;

122:4;142:14,15;144:9,9,
22:13 sit (1) 78:17 site (7) 9:6;21:2;42:18;72:10; 95:8;149:10;167:6 sites (1) 140:7 sits (1) 157:6 sitting (1) 75:8 situation (2) 98:15;102:22 situations (1) 170:14 six (2) 70:20,22 sixty-something (1) 147:19 slipped (2) 121:9,11 slowly (2) 130:2;156:20 smaller (1) 142:15 Smith (22) 6:11,12;96:9,11,22; 97:5;98:8;99:10,17; 104:23;105:19,19,21;
106:5,8;107:6;127:20;
Somewhere (9)
16:2;32:5;57:13;73:13; 107:2,3;109:19;134:12;
136:6 son (6)

167:18;169:16;170:14;
171:11;174:2,6 son's (1) 174:16 soon (1) 124:21 sorry (5) 58:4;66:12;132:23; 134:9;145:19 sort (11) 6:10;8:23;39:21;71:5; 75:17;116:22;141:1; 150:18;168:1,5;178:2 sorts (1) 58:20 sound (2) 27:12;131:19 sounds (3) 9:8;29:1;41:17 space (61) 7:15;9:4,17;13:2;
16:10,16;17:9;18:17,22; 21:17,18;22:12,21;41:12; 42:6,11,16;43:4;44:8,11, 20,22;45:20;46:12;47:4, 8,11;48:13,16;52:18,19,
10 sign (18) 60:15;61:15;81:19;

82:3,5;105:5,20;106:1,4, 5,11;153:16;167:7;170:9;
171:14;172:7,17,18 signature (10)

54:14;76:13,15;104:10,
19;171:20;172:20;
174:16;178:17;179:23
21;85:2,5,12,15;88:12;
89:7,10;122:1;129:8,12; signatures (1) 133:19;137:10;139:23; 104:17 173:2,13,14,14,20;174:3, 140:10,16,22;141:2,9,14, signed (25) 8,9,15 15;148:18;162:23;165:7; 23:17;61:19;67:5; schools (42) 166:4,6;167:2,13;171:3; 80:16,18;81:1,14,22,23; 8:4;10:21;11:10;12:8, 172:12,13;177:10 82:8,10;86:17,23;104:23; 9,10,19;13:7,10,14,17; SES (1) 105:1,8;106:7,9;108:19; 48:11 159:5;169:6;170:1,7; 15:4,4,5;20:21,22;44:5;
103:7;124:9;139:12; 152:3,6;172:4,8,14;
21,22;91:17,22;92:1,2,3,
179:19;180:15 65:13;66:8,8;68:19,21, set (5) 54:20;72:5;77:2;114:5; significance (1) 131:21 6;97:8;126:17;127:4,5; 117:20 setting (1) 9:6 settled (1) 43:19 seventy (1) 147:20 seventy-five (3) 84:20;89:18;125:23 seventy-something (1) 70:17 several (1) 36:21 signifying (1) 104:14 signing (5) 81:20;104:14;169:17, 19;180:23 signs (1) 82:1 similar (3) 86:19;152:2,7 Simmons (4) 8:12,18;12:15;148:22 simple (1) Metschl & Associates (716) 856-1906
137:4;164:1;169:14; 180:14,15 Smith's (2) 14:15;15:22 snow (6) 161:10,13,14;162:1,3, 22 snowplowing (2) 154:7;177:11 socks (1) 133:13 sole (1) 36:3 Solomon's (6) 26:18;29:10;31:3,13, 17;32:22 somebody (6) 136:23;138:19,20;
22;59:10;64:22,22,23; 65:14;70:21;75:3;94:9; 98:18;99:12,19;100:10; 111:6;135:20,22;144:5, 11;145:2,11,14;146:5; 147:3;148:19,22;149:8;
152:1;165:12,13,19; 166:6,7,9;168:9 scope (1) 119:7 screaming (1) 169:15 scribble (1) 97:20 second (4) 108:10;175:11,12,14 secretaries (1) 107:18 Min-U-Script
152:8;155:13;160:5; 162:10 spaces (1) 41:22 speak (2) 10:17;141:1 speaking (3) 100:21;120:6;180:2 speaks (1) 179:1 Special (1) 157:17 155:16;159:13;175:21 specialists (1) someone (11) 116:8 17:21;18:5;56:18,19; specific (3) 72:14;82:1;90:14;92:11, 18:13;101:8,12 19;94:8;151:11 specifically (9) someplace (2) 10:18;12:22;18:13; 35:3;63:3 23:14;72:1;100:3;116:9; sometime (4) 126:23;128:19 36:21;99:9;100:12; Spell (1) 155:8 167:20 Sometimes (5) spelled (2) 24:23;26:3,6,6;57:3 14:4;178:3 somewhat (1) spending (4) 29:1 149:17;151:13,16,21 (12) salaries - spending
Buckley vs City of Buffalo School District spent (1) 38:15 177:13 stepping (1) Spinuzza (26) 19:12 142:3;146:2,7,10,13, steps (1) 15,21,23;147:18;148:3; 55:11 149:22;151:12;152:11, stepsister (3) 15,19,23;153:7;154:6; 38:3;103:16,17 155:9;159:2;167:2;175:6, stepsisters (1) 15,16;177:1,11 103:4 S-P-I-N-U-Z-Z-A (1) Steve (10) 142:3 44:15,21;45:6;49:1; spiritual (1) 60:17,18;61:10;69:18; 26:22 70:1;119:17 spoke (9) Steven (3) 7:22;18:19,22;95:10; 44:18;54:10;55:17 103:2;148:19;149:8; still (20) 150:7;154:23 24:6;28:17;30:5,8,10; spoken (1) 31:23;58:8;83:16,17; 126:7 90:20;116:20;122:22; spot (12) 123:1;125:17;126:14,18; 13:4;32:17,18;43:2; 162:23;165:20;171:17,18 53:7;68:3;95:3;134:22; stop (1) 135:17;136:3;150:8; 151:9 159:21 stopped (11) spots (1) 28:18;29:8,9;32:5; 166:2 128:2;130:6;138:20,20; St (8) 144:15,23;149:21 20:23,23;21:9;44:21; storage (8) 45:3,20,23;46:2 13:2;64:22;65:1,10; staff (12) 69:14;73:5;91:5,8 19:21;93:2,5,5;125:2,3; stored (1) 143:13;156:17;157:3,14, 75:6 14;163:22 storing (2) stand (1) 152:2,8 149:5 story (1) Stanley (1) 3:12 127:6 Street (25) start (10) 3:1;4:18;32:14;33:1;
23:9,16;26:8,14;27:23; 102:5;145:2,14;151:11;
36:10;49:5;77:9;108:13; 132:12,13,22;133:2,17;
Debbie Buckley February 13, 2012 swell (1) 57:11 swimming (1) 85:17 Sylvia (2) 27:17,19 symptoms (1) 58:1 18:7;20:8,16,19;21:15; 73:18,22;74:10 suggest (2) T 61:15;100:8 suggested (1) Tables (3) 52:16 75:20,20,23 suited (1) talk (22) 149:13 3:11;43:21;44:1,2,13, summer (19) 13,18;45:23;47:20;55:17, 180:10,13 submitted (5) 169:3;171:12,16; 180:3;181:4 suburban (4) 165:13,18;166:6,9 Sue (8)
83:19,20;84:5,21;85:3,
20;87:19;88:2,20;90:22;
televisions (1) 21:5 telling (20)

11:11,20;59:16;60:23; 62:9;63:17;69:5;86:20;
23;60:17;93:19;94:13;
96:9;99:17;101:9;137:9,
167:8 134:1,16,18,19,19; 142:23;148:18;149:14, started (19) 26:18;29:15,16,19; 18;152:7,10;165:14 54:22;57:5,14;59:13; student (2) 86:3;89:19 91:19,23;92:1,2;93:11; 134:9;148:17;158:17; Students (15) 33:9;50:23;51:1;52:9, 168:19;173:5,9 9;85:19;86:2;87:20; starting (1) 88:19;90:1,10,12;165:13; 127:10 167:8;168:10 State (8) 4:22;8:4;10:6,10;14:2; stuff (17) 12:15;23:18;28:2; 24:11;26:10;27:4 stated (1) 42:12;73:21;74:1;92:8; 117:18 94:1;133:8;140:8;146:1; statement (3) 152:2,6;160:23;169:20, 3:2;73:4;158:4 22;170:15 statements (1) subcontractors (1) 4:8 172:5 states (1) subject (1) 108:12 16:11 status (1) subjecting (1) 7:4 4:4 stay (1) submit (2) Min-U-Script
91:2,3;96:8,9;125:21; 13;151:18;154:6,9 127:1;136:5,7,8 talked (27) summertime (1) 18:5,12,14;20:10; 136:4 44:15;46:2,10,20;47:10; Superintendant (13) 55:4;74:10;91:6;94:10; 4:22;5:18,20,21,22,23; 95:14;98:14,15;99:22; 8:7,8;44:4;101:10; 116:17;140:18;154:1,21, 122:13;162:18;180:4 21;155:10;159:6;161:11, Supervisor (22) 17;170:12 12:2,8,9,21;18:19,20, talking (22) 23;19:1,13;114:19;118:9, 9:7,10;11:5;16:8;17:1; 10;122:8,11,16;125:7; 20:15,16,16,16;44:8; 157:4,5;164:8;168:23; 47:5;61:2,5,8,11;98:13, 169:1,1 23;99:10;125:13;140:19; supervisors (1) 141:10;177:9 16:23 tangible (1) supplemental (2) 22:15 48:11;141:15 targeting (2) supplies (6) 51:1;52:9 13:18,20;21:4;22:9; task (2) 72:2;83:18 102:16;109:22 support (1) tasks (1) 22:22 162:19 supported (1) tax (2) 21:22 128:8;130:8 supposed (10) Taxes (1) 19:23;23:1,11,13; 129:4 84:14;85:4;88:16;89:18; taxpayer (1) 170:11;172:1 25:13 sure (43) teach (1) 8:1;10:4;17:14,19; 168:11 18:3,4,5;28:19;47:21; teacher (6) 50:13;55:11;63:3,11; 13:20;46:23;66:18,20; 64:8,8,8;67:9;85:10,11; 68:1;72:1 98:19;99:16;106:7,8; teachers (8) 120:7,15,19;121:10; 11:2,6;13:4,17;101:4; 123:3;128:7,13;129:23; 116:16;143:22;167:8 134:12;141:19;160:9,11; teaching (2) 163:14;164:13;168:13, 125:3;168:10 15;173:13;174:13; team (1) 176:20;177:7 91:18 surprised (1) Technology (2) 169:17 114:19;116:7 surrounding (2) telephone (6) 51:1;52:9 35:5;56:9;113:1,2,6,9
89:21;100:7;120:6; 151:3;155:12;160:17; 161:19;164:1,4,19; 169:15,15 ten (2) 36:17;138:7 term (1) 166:21 termination (1) 4:5 terms (5) 8:22;54:19;56:14; 110:16;111:11 testified (1) 106:18 testify (2) 106:19;130:14 thereafter (1) 128:13 therefore (4) 62:11,13;114:23;173:3 thin (1) 53:4 thinking (14) 35:8;42:6;49:7;52:22;
74:16;98:21,21;100:13; 123:21;133:5,9;136:19;
161:21,22 third (1) 69:8 third-party (1) 172:11 thirteen (2) 85:23;90:4 thirty-four (1) 112:17 thirty-six (2) 112:9,20 thirty-two (1) 54:22 thoroughly (1) 3:14 though (3) 58:11;59:22;153:6 thought (27) 15:14;35:2,7;52:10; 74:10,21;78:16;87:9;
95:2;110:14,15,19,20; 111:1,7,8;114:6;115:1;
121:19;127:8;131:12,13; 149:13,14;150:7;161:19;
165:12 thoughts (1) 53:11 thousand (11) 24:2;54:23;112:9,11,

17,20;131:18,21;132:1;
146:18;147:4 (13) spent - thousand
Buckley vs City of Buffalo School District three (14)

6:20;36:21;53:9;54:19; 57:23;89:18;102:14,15;
Debbie Buckley February 13, 2012 90:2 twenty-two (1) 54:13 twice (1) 17:6 two (19) 3:15,16;4:20;6:20; 11:5,7;20:22;39:11; 50:21;52:7;101:22; unfair (1) 162:20 units (1) 142:10 Universal (4)
172:4;173:13;174:2,14
106:19;112:4,5,8,10; 138:6 Three-quarters (1) 104:12 throughout (1) 6:2 Thy (17) 25:18;26:2,4,14,17;
27:1,5,8,22;28:4,5,13,17,
21;29:7;40:14,17 Thyself (1) 25:18 times (5) 6:20;57:15;117:13; 122:19;144:1 Timing (1) 99:5 Timon (2) 168:4;174:12 title (38) 4:21;9:14,18;10:14;
11:3,9,11,23;12:2;13:19; 14:19,21;15:10,21;16:17;
18:20;19:12,13;21:4,8; 27:10;66:15;74:17,18; 89:1;115:3,21;116:5,6,
Torcello (5) 3:7;112:2;118:5; 132:18;138:8 torch (1) 20:5 tossed (1) 12:12 towards (1) 9:8 transfer (1) 36:9 transferred (2) 35:20;36:8 transition (1) 155:4 treating (1) 57:21 treatments (1) 57:19 tried (5) 60:19;73:2;110:19; 111:11;173:11 true (3) 58:18;151:15;159:8 truth (2) 63:17;169:15 try (14) 5:4,6;29:12;49:15;
55:5;58:7;90:18;123:14;
162:4 utility (1) 154:7 utilizing (1) 94:22
19;117:14,20;149:2;
164:8;166:5,5;168:22;
138:18;142:20;154:19;
163:10,12;173:9 169:1 trying (23) TNATS (4) 5:7;16:16;17:12;29:6; 25:16,21;34:11,17 30:14;52:5;62:10;89:9; 111:10;119:23;120:5; Today (7) 138:21;140:21;141:11; 3:11;4:9;58:9;98:7; 154:23;156:13;159:14; 109:7,12;133:13 together (12) 164:18;167:4;173:10; 40:8;67:8;73:3;82:13; 175:19;177:4,6 88:19,21,23;123:22; turn (1) 140:21;161:3;164:1; 42:7 tutor (1) 175:9 told (39) 49:17 23:15;44:8;45:6;46:15; tutored (1) 49:1;55:13;60:18;63:16; 49:18 66:5;70:7;74:2;94:5; tutoring (30)
101:9,16;106:21;109:6;
unless (1) 90:6 unrelated (1) 97:21 102:14,15;112:2;142:10, 13;144:1,2;175:5 unusual (1) 106:3 two-year (1) up (34) 29:20 Tyler (5) 5:12;9:6;28:7;29:16; 34:7;41:9;43:9;51:20; 50:4;52:12,13;53:6; 53:4;72:5;77:2;78:7; 141:6 79:2,15;82:23;83:2; type (5) 89:22;90:10,12,13,14; 42:12,13;73:1;157:3; 93:4;114:5;122:9; 170:17 148:23;150:5;153:23; typed (3) 154:5;155:3,5;163:21; 50:17;53:21;153:23 167:7;168:14;170:14 types (3) 26:22;114:22;116:8 updates (1) 19:21 type-written (1) updating (1) 50:14 79:23 typical (2) upon (2) 7:20;80:5 85:1;122:8 U upstairs (1) 181:2 usage (1) ultimate (1) 82:14 63:22 use (44) Ultimately (2) 14:15,16;20:11;22:20; 93:1;141:19 42:11;43:7;45:14;46:15; Um-hmm (50) 47:4;67:15;73:20,22; 4:16;9:23;14:17;21:3; 74:4,4;75:5,14;79:19; 22:7;25:12;27:6;28:23;
33:5;39:20;42:20;45:5, 15;47:17;48:2;50:16,20; 56:4,12;57:10;65:3;66:1;
83:14;96:12;98:18;99:11, 19;100:10;113:22;114:5, 6,10,12,15;115:18;116:9;
V
vacant (1) 92:21 valuable (1) 150:23 value (2) 58:16;59:5 variety (1) 57:7 various (1) 136:9 varying (1) 144:1 V-A-S-H-I-S (1) 26:20 Vashi's (1) 26:19 vender (12) 22:1,2;43:10;83:3; 87:5;100:21;101:10;
108:7;158:12,13;175:1,
69:13;76:16,20;77:4; 85:21;87:2;91:12; 101:17;104:9;108:22;
126:11;142:17;144:6,7, 11;146:15;147:3;151:8; 165:10,15,22;176:8,10
18 venders (4) 23:9;143:14;158:15; 173:4 via (2) 6:15;53:12 Vice-President (1) 27:11 violation (2) 117:17,19 Virginia (1) 13:23 volunteer (1) 28:15
109:23;114:4,8;123:16; used (28) W 4:9;14:10;29:14;64:21, 126:1;140:23;144:22; 22,22;68:17;75:9,10,12; Wagaman (2) 145:1;149:23;153:10;
24:14,16;26:19;29:3,4,
14;31:4;33:4,17,20;34:1; 42:15;45:10,12,14;49:17,
159:9;168:16;169:2;
171:22;173:16,18;176:2,
119:23;120:5,13,16;
121:4,8;130:5;137:4,5,8; 155:9,15,19;160:17,17; 169:10,11;170:8;172:4,5,
17
90:19,20;91:5;115:21; 137:17,18 116:7;118:22;126:22; W-A-G-A-M-A-N (1) 144:8;145:15,18,20,21, 137:17

22;151:6;176:12,14,18,
Wait (4) 22 74:3,10;105:13;107:6 16;173:4;178:12 129:12;140:22;143:11,12 using (31) 162:23 waited (2) Tom (4) TV (2) 19:9;23:9;43:6;46:12; undated (1) 106:18;107:5 43:23;44:1,2,4 78:3,9 47:11;66:9;71:19;75:17, walk (1) 50:14 took (11) twelve (6) 22;83:16,17;101:7; under (7) 142:14 8:8;14:15,20;20:19; 85:23;89:21;90:3; 121:19;144:13,15;145:2, walking (2) 8:3;17:3;24:11;25:14, 146:18;147:4;149:21 33:17;64:9;65:23;145:9; 14,23;148:19,22;149:8; 14;58:22;91:19 109:7,11 157:22;163:20;173:7 twelve-month (1) 150:16;152:9;155:13,17; wants (1) underlying (1) top (4) 112:10 159:16;160:5;162:10; 45:12 78:16 50:15;108:11;174:16; twenty (7) 163:13;164:17;176:6 way (30) understood (2) 87:20;89:18;90:9,10, usually (2) 176:3 21:20;177:8 13:23;17:15;19:11; topic (1) 12,13,14 108:6;175:18 underwent (1) 26:9;40:13;45:16;46:11; 153:12 twenty-five (1) utilities (1) 7:20 48:15;52:4;55:5;60:12; Min-U-Script Metschl & Associates (716) 856-1906 (14) three - way
23;50:22;51:6,12;52:8; unclear (5) 60:2;64:3,6;70:22;95:7; 43:3;64:2;70:13;88:11;

64:14;67:7;73:4;89:13; 91:2;93:21;94:2;103:2; 17:23;31:11;79:9;86:7;
98:10;99:2,13,22;103:10;
Debbie Buckley February 13, 2012 142:20,21;154:5; 158:5;160:10 2000-2001 (1) 26:16 2000s (1) 38:22 2001 (1) 26:9 2002 (1) 28:7 2003 (1) 124:22 2005 (5) 46:1;143:9;146:3,21; 147:1 2005-2008 (1) 142:21 2006 (1) 46:1 2007 (6) 24:9,9;29:6,16;33:3; 46:1 2007-2008 (1) 32:10 2008 (9) 29:16;30:1;33:4;57:4, 13;123:14,20;143:9; 144:23 2008-2009 (1) 41:8 2009 (21) 9:15,19;10:3,5,6,13;
140:1;142:7,22;144:5,20; 145:3,11;146:15;148:18;
104:12;109:19;121:1; 122:6;129:13;139:10; 142:2;153:8;164:5; 165:14;180:8 weak (1) 93:10 week (4) 94:14;156:15;163:4,12 weekly (2) 5:22;101:11 weeks (1) 57:23 weren't (10) 11:1;15:15,17;21:16; 61:2,5;89:3,6;93:14; 126:2 Western (1) 35:1 What's (14) 18:8;29:18;56:7;76:17; 77:2,5,7;84:22;87:11; 112:23;134:3;137:15; 171:8;173:13 whenever (5)
108:20;136:7;146:3,4,5
107:23;110:5;112:5; 118:7;133:16;139:16; 141:6;147:9 WNED (1) 117:9 women (2) 26:19,20 word (2) 126:3;176:13 words (4) 7:21;21:23;24:23; 172:20 work (72) 7:23;8:1;9:18;10:14;
149:14,18;151:16,21;
152:10;162:23;163:13;
165:10;177:14
Yaeger (2) 18:7,11 Y-A-E-G-E-R (1) 18:7 Yeager (7) 20:8,17,19;21:15; 73:18,22;74:10 year (7) 97:11;112:8,12,15; 154:10,11;162:13 years (13) 11:12;12:4;13:11;14:22; 4:20;28:14;32:11; 15:1,3;16:17;17:13; 36:17,19,21,21;37:11; 18:18;26:1,7;27:19;30:5, 38:4;55:1;103:14,14; 8;35:15;39:14,18,21; 124:18 41:7,9,15,16;48:17;49:9; York (8)
52:11;56:9;67:11;68:1, 17;70:22;71:22;83:22;
3
3/22/2010 (1) 163:20 30 (2) 112:9,16 31 (1) 166:22 33 (3) 31:19;32:13,20
4
440-7749 (1) 56:8
3:2;4:18;10:5,10;14:2;
87:13;92:19;96:6;
102:12;106:15,16;115:5; 116:11;117:4,7;125:14;
24:11;27:4;35:1 Yup (13)

23:23;31:22;34:9;38:4; 50:13;75:7;94:17;97:7; 131:20;149:1,9;150:6;
5
52 (7) 132:13,22;133:2,17; 134:1;135:16,16
126:11,15;130:22,23;
135:23;136:12;140:21;
156:21;157:4,5,12;158:8, 15,17;167:9,22;168:1,5, 17,19;172:2;174:6,7,14;
Whereupon (21) 48:4;53:21;54:1;76:3,

7;79:6;80:9;86:10;96:19;
163:3
98:1;104:1;141:23; 152:15,18,22;167:13; 171:3;174:21;175:1; 177:19;179:12 wherever (2) 33:1;136:20 whole (3) 77:1;145:18;165:3 whomever (2) 31:16;115:18 whose (1) 171:20 Wilkes (1) 157:15 W-I-L-K-E-S (1) 157:15 Williams (33) 6:8;7:10,11;34:7;
35:12;36:12;37:4;39:9,
12;40:7;95:10;99:23; 100:18,22;101:20;
104:18,21;105:1,8,17,20;
106:1,3,7,11;108:23;
109:8;118:18,20;170:12,
13;179:18;180:18 wish (1) 31:5 within (5) 7:15,22;12:18;16:10; 108:15 without (2) 13:20;23:10 WITNESS (17) Min-U-Script
11:20;49:13,13,21;54:23; 64 (14) 57:16;58:21;59:1,9; 176:16 Zimicki (1) 14:8,12,13,14,18,20; 143:4;145:8;148:23; worked (1) 157:17 15:10,22;21:1;65:11; 154:14;155:8;171:16 120:15 73:20,22;74:12;98:15 2010 (35) worker (1) 1 5:14;6:15;16:2,3;19:4; 28:12 7 20:20,22;21:13;24:10; working (28) 1 (38) 32:5;36:10;60:11;70:15; 75 (48) 6:3;12:22;13:5;16:15; 9:14,18;10:14;11:3,9, 76:19;77:21;80:9,19; 19:22;24:20;28:4;48:7; 12;12:2;13:19;14:19,21; 9:8;19:7,9;20:8,10,11; 86:11;91:4;97:8,10; 49:10,11,12,12,15;60:22, 15:10,21;16:17;18:20; 21:6,6,10;36:10;39:19; 98:16,23;112:15;136:9; 22;92:5,15;102:13; 19:13;21:4,8;54:23; 40:1;41:2,9;42:2,4;43:21; 152:15,19,22;155:1,6,8,8; 122:22;126:23;156:8,16; 66:15;74:17,18;89:1; 46:10;48:16,21;49:5; 160:4;168:2,15;169:16; 160:2;164:1;166:22 112:8,12,15;115:3,21; 51:13;64:7,12,15;68:2, 170:14;177:13 116:5,6,19;117:14,20; 2011 (16) 13,20;69:5;73:8;74:7; works (2) 6:4,7;7:8;97:12;99:1,2, 149:2;164:8;166:5,6,21; 77:9,23;78:11;91:4;96:4; 9;100:12,14;112:8,12,16; 3:7;156:7 169:1 99:12;108:13;140:1,8; 127:23;136:5;152:23; world (1) 10 (1) 143:1;144:12,13;149:13; 166:22 83:4 136:6 164:17;165:7,20;166:10 2012 (1) worried (3) 11 (1) 112:9 170:18,20,21 6:6 8 21 (1) worry (2) 14304 (1) 99:9 170:22,23 3:2 8/19/10 (1) 226 (2) Wright (1) 18th (2) 87:1 135:9,15 27:17 36:10;60:11 816-3966 (1) 22nd (1) write (1) 1990s (1) 56:9 5:14 153:15 38:22 2489 (2) writing (4) 3:1;4:18 148:2;153:12,21,22 2 26th (1) written (2) 80:19 9:15;148:7 2:07 (1) 2925 (26) wrong (4) 181:8 32:14,15;33:2,18; 140:3,4;171:17;172:6 2000 (1) 42:19,23;51:5;68:3; wrote (5) 38:23
(15) weak - 816-3966

Transcript of Investigator's Interview With Debbie Buckley

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Transcript of Investigator's Interview With Debbie Buckley

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In The Matter Of: Buckley vs City of Buffalo School District

Debbie Buckley February 13, 2012

Original File 021312amk.txt

Min-U-Script with Word Index

METSCHL & ASSOCIATES (716) 856-1906

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A B C D E F G H I J K L M N O P typed letter lease agreement requisition form contact list

August 2010 purchase order

B U C K L E Y, 2489 Cayuga Street, Niagara 14304, gave a statement as follows:

Falls, New York

EXAMINATION BY MR. ROONEY:

Ms. Buckley, I'm Jim Rooney.

This is an associate And as I think

that works with me, Erin Torcello.

When you got hired into that position.

Yes. Okay. What sort of reporting relationship did you

And when did you make that request?

I asked her We did

within the district that you spoke to?

Was nonpublic Title 1 work being performed prior to 2009?

Yes, but in an audit, it wasn't being performed properly.

provided at the time? METSCHL & ASSOCIATES (716) 856-1906

They were all encompassed in the Title 1

So what you're telling me is the 2009 audits

that -METSCHL & ASSOCIATES (716) 856-1906

And that's when I was learning along the

from the U.S. Department of Education.

She came in,

I'm getting a little confused.

So there was parent involvement for district parents, but not --

We wanted to have parent conferences

METSCHL & ASSOCIATES (716) 856-1906

I talked to her a lot.

I can't tell you that that

And because we did not have access to the 64

have to be supported by an actual contract?

You heard her say that as well?

What do you mean?

The Mastery Center.

And do you know whether Love Thy Neighbor was

METSCHL & ASSOCIATES (716) 856-1906

But it also sounds like it had a somewhat different business?

So Love Thy Neighbor recently you

So I think that might be

Anything that anybody asked me to do, I would help them.

I think it was just one

I could find out, but I just don't remember right now.

Now, you said Solomon's Place was being

I don't know. mine.

MR. FURLONG: your ability.

Just answer to the best of

If you don't know, tell him. I really don't know.

THE WITNESS: BY MR. ROONEY: Q.

That's where I'm confused.

Is that where it has always been located, 2925

I forget the number.

So wherever it was on Genesee Street, either

name that keeps popping up. know who he is? A. Q. A. Q. A. Q. A. Q. Yup.

I thought it was Pennsylvania. Kentucky.

I'm thinking Pennsylvania.

Crossroads? A. He is involved with it. METSCHL & ASSOCIATES (716) 856-1906

Do you know what he does for Crossroads?

I'm not going to -- I really don't know.

What about Rosalind Redfield?