In The Matter Of: Caffrey vs. Gladwin Community Schools, et al.

GREGORY ALWARD May 29, 2013

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Min-U-Script with Word Index

GREGORY ALWARD - May 29, 2013

1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Reported by: 24 25
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STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF GLADWIN

PHILIP CAFFREY, Plaintiff/Counter-Defendant, vs. GLADWIN COMMUNITY SCHOOLS, GLADWIN COMMUNITY SCHOOLS BOARD OF EDUCATION, SALLY HIGHTOWER, KELLY GOWER, GREG ALWARD, TREVOR GRAVELLE, BRAD WITHROW, LISA SCHWAGER, LINDA WINARSKI, RICK SEEBECK, JULIE A. SHEARER, jointly and severally, Defendants/Counter-Plaintiffs. ______________________________________/ File No. 12-6665-CZ

DEPOSITION OF:

GREGORY ALWARD

May 29, 2013, at 1:00 p.m. 401 West Cedar Avenue, Gladwin, Michigan

APPEARANCES: For Plaintiff/ Counter-Defendant: For Defendants/ Counter-Plaintiffs: ALSO PRESENT: CLINE CLOSE DYER BY: KURT N. HANSEN (P14622) O'NEILL WALLACE & DOYLE BY: DAVID A. WALLACE (P24149) PHILIP CAFFREY DIANE KRAYNAK, RPR, CRR, CM, SCC Certified Shorthand Reporter 2122 (989)835-9171 Fax: (989)835-6064

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----------------------------------------------------------------EXAMINATION INDEX ----------------------------------------------------------------PAGE Examination By Mr. Hansen 3

----------------------------------------------------------------EXHIBIT INDEX -----------------------------------------------------------------

(No exhibits marked.)

GREGORY ALWARD, having been first duly sworn, testified on his oath as follows:

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q A Q A Q A Q Q A Q A Q A Q BY MR. HANSEN: Q A Would you state your name and address, please. Greg Alward -- Gregory Alward, excuse me, 320 Clark Street, Gladwin, Michigan. And how old are you? 47. You were on the School Board in 2012, is that correct? Yes. Okay. You're no longer on the Board now. EXAMINATION

That is correct. Now, there was an original lawsuit that was filed in this particular case, and the service was back in May of 2012. How did you find out about that lawsuit? Through Mr. Seebeck, I would imagine. Okay. Did he contact you about it, do you recall?

I do not recall. Okay. Yes. Did you have any conversation with him about the merits of the lawsuit or anything else like that? I do not recall. And did you have any conversation with him about whether or not this should be turned over to the insurance carrier? I have -- I have no knowledge of that. I don't recall that. Somebody contacted you.

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GREGORY ALWARD - May 29, 2013

4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A A Q A Q A Q A Q A Q A Q A Q Q Was there any conversation that you recall concerning whether or not he'd talked to any other Board members about it? No. You don't recall anything like that? I do not recall that. Did you receive a copy of the complaint? Not to my knowledge. Did you have anything to do whatsoever with the hiring of an attorney to defend this lawsuit? I have no -- no. Okay. And did you have anything to do with it being turned

over to the insurance carrier? I have no knowledge of that. Do you know what the lawsuit was about? I just know of a lawsuit. That's all I know.

You didn't make any inquiry as to what you were being sued for? No, I did not. So you were unaware of any problems with the Freedom of Information Act or anything else of that nature. I was unaware of that? that. And were you aware of any claims that certain detailed phone numbers that were on phone bills were being declared as
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That is correct.

I was unaware of

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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q being private? MR. WALLACE: Before you answer, please let the

record reflect that I'm going to object to form and foundation. That relates to a previous lawsuit that was

dismissed in favor of defendants and with prejudice to plaintiffs, and it is no longer an issue; it's irrelevant. Answer if you can, please. I was aware of those. Okay. Did you make any decisions as to whether or not these

phone numbers should be turned over to Mr. Caffrey? No, I did not. Did you talk to any other members of the Board about whether or not these things should be turned over? No. Do you have any knowledge about how Mr. Wallace was retained -No, I do not. -- in this matter? Do you have any knowledge as to whether or not the School Board retains their phone bills? No, I do not. Do you have any fears of Mr. Caffrey? No. Have you ever expressed to anybody that you have any fears of Mr. -Mid-Michigan Reporting LLC (989)835-9171

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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A A Q Q A Q A Q A Q No. -- Caffrey? Did you ever seek to have a protective order

issued by the Court to protect you from Mr. Caffrey? No. Were you aware that anybody was seeking a protective order on your behalf or on behalf of anybody else in this case? No. Was there any necessity that you feel that you needed a protective order against Mr. Caffrey? MR. WALLACE: foundation. I'm going to object to the form and

There was no motion for a protective order There was a motion for a protective

against Mr. Caffrey.

order pursuant to court rule that was not in any way a personal protection order motion. The motion was for motion for protective order, so are you aware of any necessity concerning yourself for any protective order? No, sir, I'm not. Was there any conversation between you and any other member of the Board for protective orders? Not to my knowledge. Never heard that at a meeting or outside a meeting? No, sir. The fact that it was filed, that's a surprise to you? I'm not aware of this.
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GREGORY ALWARD - May 29, 2013

7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q Q A Q A Q A Q In this matter you filed a counterclaim against Mr. Caffrey, alleging that he slandered you and he libeled you, correct? When was this? I don't --

Do you recall the meeting of December 24th of 2012? (No response.) It would have been on Christmas Eve. I'm not -- I was at a Board meeting. Maybe that was -- if

the attendance shows that I was there, then I was there, but I can't -- I cannot answer that. attendance record to make sure. Showing you a copy of the special meeting minutes of December 24th, go ahead and read them all over. Do you recall that meeting? Yes, I do. At that meeting you voted to file a counterclaim against Mr. Caffrey, do you recall that? MR. WALLACE: Wait. Excuse me. To the extent We would have to see the

you're asking what occurred during the closed session of that meeting, I'm going to object, it's attorney/client privilege. Don't say anything that happened during the closed session. You voted to -I don't recall. -- file the counterclaim?
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GREGORY ALWARD - May 29, 2013

8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q A Q A Q A Q A Q A Q A Q I don't recall, on the advice of my attorney. Has Mr. Caffrey ever said anything that's slanderous about you? I -- I don't know that I can answer that. Well, you've alleged that he said false things about you to third parties. Who were the third parties that were -- that

this was said to? I do not know. And you said that certain things were done in writing. writings were you referring to? I don't know. What verbal statements were made about you that were untrue? I don't have knowledge of that. Is there any extreme or outrageous conduct that Mr. Caffrey did towards you? No. Is there any willful and wanton misconduct that he did towards you? No. Was there any way that you know of that he abused the process of law against you? No. MR. WALLACE: term of art. answer that.
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What

I'm going to object.

That's a legal

There's no foundation for this witness to

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9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q Q Now, you're aware that the only way that the Board can properly act is if everybody's present and the issue is presented and that there's a motion and a second as to whatever you're trying to resolve, is that right? Yes, sir. At the December 24th meeting, the minutes indicate that Lisa Schwager seconded a resolution to go into closed session for attorney/client privileged correspondence. Do you recall her actually seconding that motion? I do not recall. The resolution itself indicates that Mr. Wallace is to be appointed and hired by you to pursue counterclaims and any legal action necessary in the cases numbered 12-6665-CZ and 12-6380-CZ, and any others as applicable. What does the "any others as applicable" apply to? I cannot answer that. Mr. Wallace was being hired by the School Board to represent you as an individual, is that correct? MR. WALLACE: I'm going to object, form and

foundation, specifically to the term "hired". MR. HANSEN: We'll use that. He was retained by the School Board, appointed and retained by the School Board to represent you individually in this counterclaim?
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Well, do you like "retained" better?

GREGORY ALWARD - May 29, 2013

10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q A Q A Q A Q Q A Q A Q Q A Q A MR. WALLACE: Do you recall that? Could I have a minute? Yes. This is Mr. Wallace. I mean yes. I'm sorry. Same objection, form and foundation.

Right, but I'm just saying -- yes. Yes. Was Mr. Wallace at the meeting? No.

Have you ever talked to Mr. Wallace before today? No. Apparently Mr. Seebeck is the person that was talking to Mr. Wallace concerning the lawsuits, is that correct? I -- I can't answer that. Do you know who it was that was designated to speak with him? No, I do not. Was there ever any discussions about who should be the point person or who should be the one to talk to him? I cannot answer that. Do you recall anybody contacting you about this special meeting on December 24th ahead of time? No. It would be unusual to have a special meeting on Christmas Eve, wouldn't it? I can't answer that.
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GREGORY ALWARD - May 29, 2013

11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q A Q A Q Q A Q Do you recall what the purpose of the meeting was? No, sir. Did you talk to any of the Board members prior to the meeting about what was going to happen on that December 24th meeting? No. And did you talk to Mr. Seebeck? No. Do you recall how you received notice of the meeting? No. So just so that I'm clear, the FOIA requests that are the subject matter of this lawsuit, you didn't have any knowledge of that whatsoever? No. Do you recall the last time it was that you spoke with Mr. Caffrey about anything? No. A year ago, two years ago? Through conversation, correct? Any conversation of any type. Not offhand. Okay. I shook his hand at church.

Are you aware of any statements that Mr. Caffrey made

about Rick to you or to anyone else? No. Are you aware that Mr. Caffrey made any statements about
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Rick that would be derogatory in nature to any of the other Board members? A Not to my knowledge. MR. HANSEN: That's all I've got.

(Deposition concluded at or about 1:15 p.m.)

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STATE OF MICHIGAN COUNTY OF MIDLAND I, Diane Kraynak, Notary Public in and for Midland County, State of Michigan, acting in Gladwin County, State of Michigan, do hereby certify that I stenographically recorded the deposition of GREGORY ALWARD, the deponent in the foregoing deposition; that prior to the taking of said deposition the said deponent was duly sworn to tell the truth, the whole truth, and nothing but the truth, and that the foregoing deposition is a true and correct transcript of the testimony of said deponent, to the best of my ability. I further certify that I am not a relative, employee, attorney or counsel of any of the parties, a relative or employee of such attorney or counsel, or am financially interested in the transaction. I further certify that no request was made that the foregoing deposition be submitted to the said deponent for examination and correction by him or that he sign the same.

_________________________________________ Diane Kraynak, CSR-2122 Certified Shorthand Reporter Registered Professional Reporter Notary Public, Midland County, Michigan My Commission Expires: 11-1-13

Caffrey vs. Gladwin Community Schools, et al.

GREGORY ALWARD May 29, 2013 5:9 declared (1) 4:25 defend (1) 4:10 defendants (1) 5:5 Deposition (1) 12:5 derogatory (1) 12:1 designated (1) 10:14 detailed (1) 4:24 discussions (1) 10:17 dismissed (1) 5:5 done (1) 8:9 during (2) 7:18,21 11:11 form (4) 5:3;6:10;9:19;10:1 foundation (5) 5:4;6:11;8:24; 9:20;10:1 Freedom (1) 4:20

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abused (1) 8:20 Act (2) 4:21;9:2 action (1) 9:13 actually (1) 9:9 address (1) 3:3 advice (1) 8:1 against (5) 6:9,12;7:1,15;8:21 ago (2) 11:18,18 ahead (2) 7:12;10:21 alleged (1) 8:5 alleging (1) 7:2 Alward (2) 3:4,4 Apparently (1) 10:11 applicable (2) 9:14,15 apply (1) 9:15 appointed (2) 9:12,23 art (1) 8:24 attendance (2) 7:8,10 attorney (2) 4:10;8:1 attorney/client (2) 7:19;9:8 aware (8) 4:24;5:8;6:5,16,25; 9:1;11:22,25

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Caffrey (13) 5:10,22;6:2,3,9,12; 7:1,16;8:2,14;11:16, 22,25 can (3) 5:7;8:4;9:1 carrier (2) 3:24;4:13 case (2) 3:13;6:6 cases (1) 9:13 certain (2) 4:24;8:9 Christmas (2) 7:6;10:23 church (1) 11:21 claims (1) 4:24 Clark (1) 3:4 clear (1) 11:11 closed (3) 7:18,21;9:7 complaint (1) 4:7 concerning (3) 4:1;6:16;10:12 concluded (1) 12:5 conduct (1) 8:14 contact (1) 3:16 contacted (1) 3:18 contacting (1) 10:20 conversation (6) 3:20,23;4:1;6:19; 11:19,20 copy (2) 4:7;7:11 correspondence (1) 9:8 counterclaim (4) 7:1,15,25;9:25 counterclaims (1) 9:12 Court (2) 6:3,13

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matter (3) 5:18;7:1;11:12 May (1) 3:13 Maybe (1) 7:7 mean (1) 10:5 meeting (16) 6:22,22;7:4,7,11, 13,15,19;9:6;10:7,21, 23;11:1,4,5,9 member (1) 6:19 members (4) 4:2;5:12;11:3;12:2 merits (1) 3:20 Michigan (1) 3:5 minute (1) 10:3 minutes (2) 7:11;9:6 misconduct (1) 8:17 motion (7) 6:11,12,14,15,15; 9:3,9

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Caffrey vs. Gladwin Community Schools, et al. 3:3 nature (2) 4:21;12:1 necessary (1) 9:13 necessity (2) 6:8,16 needed (1) 6:8 notice (1) 11:9 numbered (1) 9:13 numbers (2) 4:25;5:10 4:24,25;5:10,20 plaintiffs (1) 5:6 please (3) 3:3;5:2,7 pm (1) 12:5 point (1) 10:17 prejudice (1) 5:5 present (1) 9:2 presented (1) 9:3 previous (1) 5:4 prior (1) 11:3 private (1) 5:1 privilege (1) 7:20 privileged (1) 9:8 problems (1) 4:20 process (1) 8:21 properly (1) 9:2 protect (1) 6:3 protection (1) 6:14 protective (8) 6:2,5,9,11,12,15, 17,20 purpose (1) 11:1 pursuant (1) 6:13 pursue (1) 9:12 5:3 relates (1) 5:4 represent (2) 9:17,24 requests (1) 11:11 resolution (2) 9:7,11 resolve (1) 9:4 response (1) 7:5 retained (4) 5:16;9:21,23,23 retains (1) 5:20 Rick (2) 11:23;12:1 right (2) 9:4;10:5 rule (1) 6:13 sorry (1) 10:5 speak (1) 10:14 special (3) 7:11;10:20,23 specifically (1) 9:20 spoke (1) 11:15 state (1) 3:3 statements (3) 8:12;11:22,25 Street (1) 3:4 subject (1) 11:12 sued (1) 4:17 sure (1) 7:10 surprise (1) 6:24

GREGORY ALWARD May 29, 2013 verbal (1) 8:12 voted (2) 7:15,23

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Wait (1) 7:17 WALLACE (13) 5:2,15;6:10;7:17; 8:23;9:11,17,19;10:1, 4,7,9,12 wanton (1) 8:17 way (3) 6:13;8:20;9:1 whatsoever (2) 4:9;11:13 willful (1) 8:17 witness (1) 8:24 writing (1) 8:9 writings (1) 8:10

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Same (1) 10:1 saying (1) 10:5 School (5) 3:8;5:20;9:17,23, 24 Schwager (1) 9:7 second (1) 9:3 seconded (1) 9:7 seconding (1) 9:9 Seebeck (3) 3:15;10:11;11:7 seek (1) 6:2 R seeking (1) 6:5 read (1) service (1) 7:12 3:13 recall (19) session (3) 3:16,17,22,25;4:1, 7:18,22;9:7 5,6;7:4,13,16,24;8:1; shook (1) 9:9,10;10:2,20;11:1, 11:21 9,15 Showing (1) receive (1) 7:11 4:7 shows (1) received (1) 7:8 11:9 slandered (1) record (2) 7:2 5:3;7:10 slanderous (1) referring (1) 8:2 8:10 Somebody (1) reflect (1) 3:18

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unaware (3) 4:20,22,22 untrue (1) 8:12 unusual (1) 10:23 use (1) 9:22

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