-
IN THE CIRCUIT COURT OF THE 15?h JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, 

Case No. 

a


MARC E. BROCKMAN,
Plaintiff,
s: :4
UNIVERSITY OF MIAMI d/b/a BASCOM 7 
PALMER EYE INSTITUTE and dfb/a BASCOM .D i-
rl?i-EL' =6 .
7:7 

PALMER OF THE BEACHES and DR. CARMEN

PULIAFITO,

Defendants.

 

APPENDIX IN SUPPORT OF DEFENDANT
UNIVERSITY OF MOTION FOR SUMMARY JUDGMENT

Defendant,_ UNIVERSITY OF- MIAMI, by?and through undersigned counsel, hereby ?les this
Appendix in Support of its Motion for Summary Judgment containing the following documents:

ExCerpts from transcript of Deposition of Marc Brockman deposition taken onlAugust

1.
11 and November 17, 2006;
Transcript of Deposition'of Dr. Yunhee Lee taken-on May 9, 2005, in connectionwith

-2.
Marc E. Brockman v. The University of Miami -Basc0m Palmer Institute. Case No.
705-09281, State of Florida Division of Administrative Hearings;1

3. Affidavit of Dr. John G. Cl'arkson dated January 4, 2007';
.4. Af?davit of Dr. Laurence B. Gardner dated December 1 1, 2006;

'The Court may take judicial nOtice of Dr. Lee?s deposition pursuant to Fla. Evid. ?'90.202.

FOWLER WHITE BURNETT, - SANTO PLAZA, I395 BRICKELL AVENUE, FLORIDA 33] 3 I -3302 - (305) 789-9200

Case No. 

Af?davit of Dr. Scott W. Cousins dated September 13, 2006;

6. Affidavit of Dr. David S. Green?eld dated November 2006,;

7. Af?davit of Dr. Paul B. Greenberg dated September 26,2006; and
8. Af?davit of'Coreen A. Rodgers dated anuary- 2007.

9. Letter dated April 23?, 2003 regarding Marc Brockmar?s lay-off.

 

 

lizab th P. Johns

FloridaBar No. ?92 990

Timothy 0. Schema 

Florida Bar No. 0702331

FOWLER WHITE BURNETT P.A.
Espirito Santo Plaza, 14th Floor
1395 Brickell Avenue

Miami, Florida 33131?3302
Telephone: (305) 789-9200
Facsimile: (305) 789-9201.

CERTIFICATE OF SERVICE .
I HEREBY CERTIFY that'a true and correct Copy of the foregoing was mailed this day
of January, 2007 to Alan C. Espy,IEsq., Law Of?cesof Alan C. Espy, RA, 3300 PGA Boulevard,
Ste. 630, PalmBeach Gardens, Flo?da 33410, and Jane Moscowitz, Esq._, Moscowitz, Moscowitz

Magolnick, PA, 11.11 Bri?ekell Avenue, - 50, Miami, Flori a 33131.

4,2? MADE

Eli beth. Johnson

   

[rim] Judgrnenl?MotiomEPJ

-2-

FOWLER WHITE BURNETT, P.A. - ESPIRITO SANTO PLAZA, 1395 BRICKELL AVENUE, MLAML FLORIDA 33131-3302 - (305) 789-9200

THE CIRCUIT COURT OF THE 15TH JUDICIAL 

IN AND EOR PALM BEACH COUNTY, FLORIDA
CASE No. 

MARC E. BROCKMAN,
Plaintiff,

UNIVERSITY OF MIAMI 
PALMER EYE INSTITUTE and_d/b/a
BASCOM PALMER OF THE BEACEES and
DR. CARMEN PULIAEITO,

Defendants.

 

 

VIDEOTAPED DEPOSITION
OF

MARC E. BROCKMAN

777 South Flagler Drive
West Palm Beach, Florida

Friday, August 11, 2006
10:45 a.m. 3:55 p.m.

way?.INC
305?371-7692

 

 

 

 

4 6 

1 that Dr. Pulia?to had agreed to a 10- to lZ-percent to be able to be seen within an hour.

2 increase in your salary? 2 So, I would have to sit down with the

3 A. I don't know the date. 3 doctor, ?nd out how many patients they'd like to see,

4 Q. Do you know the approximate time? 4 ?nd out what that mix would like would be assuming that most of the 5 create a template which is basically a time line, 8:00 a

6 pay increases were -- pay increases were normally done 6 new patient, 8:15 follow up, 8:20 -- to try to make sure

7 June the lst. So that it would have had to have been 7 that that doctor's schedule would flow within the entire

8 somewhere between February to May of 2002. 8 facility. Not just for him, so he wasn't backing up, so

9 Q. But you're assuming that? 9 that I had technical staff available for all of the
A. Yes. Just because I just lcnow that 1 0 doctors. Because the technical staff weren't assigned to
1 1 increases came in June. And that's when I recognized 1 one speci?c doctor. We had, the technical staff was
1 2 after June that I hadn't received the full increase that 1 2 usually anywhere from two to six doctors maybe in the
1 3 we had discussed. 1 3 of?ce at once. And I had to have enough staf?ng to
4 Q. Let's just start around 2000, and tell us 1 4 cover them, because we didn't have an increase in tech's 
1 5 what your duties were at Bascom Palmer. 1 5 during those days when we had a higher load of doctors.
1 6 A. Well, I was Director of Clinical Services 1 6 So we tried to create a template, which is just a
1 7 was my title. Director of Clinical Services of the Palm 1 7 timeline of patient appointments, so that it could ?ow
1 8 Beach Gardens facility. That basically meant doing 1 8 within the system well.

1 9 anything that was necessary to keep the clinic running. 1 9 Q. You told us that your title was Director of
2 0 My main responsibilities were, basically, I 2 0 Clinical Services; do I have that right?
2 1 had clinical responsibilities for seeing patients, that 2 A. Yes.
22 was about 50 percent of my job. So I saw patients 2 2 Q. When did you get that title?
2 3 independently and billed for that. Then the other 50 2 3 A. I don't know.
24 percent was administrative. Of that, I basically was 2 4 Q. Did you have it in the year 2000?
25 responsible for the entire technical staff. Which at the 2 5 A. Yes.
1 5 1 7

1 time, I would say probably estimate, it was around individuals. 2 A. At the time, the Chairman, Dr. Richard

3 I was responsible for doing all their 3 Parrish, and the Medical Director of our facility, Dr. Torr

4 evaluations, for doing all their pay recommendations, for 4 Heigel, when I sat down with them, basically that's the

5 doing any grievance, any mediation. For approving 5 title we came up with when we basically created the job

6 vacation schedules, setting schedules for the technicians 6 description.

7 on a daily basis. I set the doctors' schedules, it would 7 Q. Was there a written job description?

8 come up to our of?ce. I would basically make the 8 A. At the time there was.

9 template for their patient loads. When a new doctor 9 Q. At what time?
1 0 would come on, I would actually create a template for 1 0 A. When we sat down and had the position which
1 1 them for seeing patients in our facility. I would assign 1 would have been, and I'm going to guess, it was around
1 2 rooms to them, to try to coordinate all the rooms so we 1 2 1998 to That's a guess.

1 3 had doctors and enough technical staff to support the 3 Q, Was that an of?cial University of Miami

1 4 doctor. 1 4 job title?

15 Repaired equipment. Um, approved any new 15 A. I don't know I think my of?cial job

1 6 purchases for equipment. Um, was in on meetings for 1 6 title through the University of Miami was Director

1 7 planning a long-range development in the office. 1 7 Level 4. I don't think that they gave out titles like

1 8 I'm sure there is more, I just -- I did a 1 8 that, but that's what we were on paper, that's what it

1 9 lot of things. 1 9 was, Director of Clinical Services. If you look at our 
20 Q. What do you mean, create a template? 2 0 ?ow chart for Bascom Palmer. That's what you'll see as 
2 1 A. When a new doctor would come on, basically, 2 1 my job position.

2 2 we would ask the doctor how many patients they would like 22 Q. What does Director Level 4 mean?

2 3 to see. And of that, you know, we usually had a mix of 23 A. It's just the way they distinguish, you

2 4 new patients and follow-up patients. And so there was 2 4 lmow, the -- I guess the, you know, different director

2 5

 

 

 

only a certain number of patients that would be feasible

KRESSE ASSOCIATES, INC

25

levels. I don't know how they classify them within the

305-37 1-7 692

 

 

 

 

 

 

 

 

3 8 4 0 i
A. Was agitated regarding the fact that this 1 A. Yeah. At one point we had a loaner. In
2 laser system was non-functioning. He requested that 2 fact, we had either one or two different loaners that I
3 myself and Nicky Duhamel, who was the administrator 3 had made arrangements to bring in.
4 the of?ce, immediately drop everything that we were 4 Q. But during the period, the immediate week
5 doing and see him in the clinic. 5 before April 4th, 2002, was there a functioning laser in
6 So, we both basically went into the clinic 6 the clinic?
7 where he was. At the time he, basically, was very, very 7 A. That speci?c type of laser, no.
8 loud, very, very vocal regarding his displeasure. I 8 Q. And what is that speci?c type of laser
9 don't remember the exact words that were said. This was 9 used for?
1 basically directly in front of patients and in front of 1 0 A. Retina treatments.
1 1 staff. 1 1 Q. When you say "retina treatments," is that --
1 2 We, I think it was at Nicky's insistence, 1 2 what sorts of retina treatments?
1 3 we basically moved ourselves into the room adjacent to 1 3 A. Diabetes. Um, bulimia of the retina,
4 where we were, which is the laser room. At that time he 1 4 retinopathy.
15 continued basically in a loud, yelling voice at us, 1 5 Q. So that's a piece of equipment that's used
1 6 basically about how this was ridiculous, and how this was 1 6 to treat people with disease, correct?
17 unprofessional, and, you know, basically chastising both 1 7 A. Um-hum.
8 of us regarding the situation. 18 MR. ESPY: Yes?
1 9 At some point in this whole thing he ended 1 9 BY MS. MOSCOWITZ:
20 up grabbing me by the collar of my lab jacket. Basically, 2 0 Q. I'm sorry, yes?
2 1 pulling me up on my toes, basically, by my lab jacket, 2 1 A. Yes.
22 and was cussing and yelling at me in the face. And I 22 Q. Not for improving vision?
2 3 don't know how long, you know, I was in that position. 23 A. That's kind of one in the same.
2 4 All I remember is that it was at some point Ms. Duhamel 24 Q. I'm sorry. Not for the idea that I go in
25 was standing there, and she basically gaspedLasik and don't have to wear spectacles anymoreboth looked at her, and she was like -- she -- total 1 A. Yes.
2 disbelief that he was doing this. And he kind of looked 2 Q. This is actually for patient care for
3 back at me, and shook a second, and he pushed me off an i 3 patient with disease?
4 then walked out of the room. 4 A. Yes.
5 Q. How long had that new laser been there and 5 Q. Whose job was it to get that piece of
6 not been hooked up? 6 equipment hooked up?
7 A. I don?t know the exact date. I would say 7 A. We hired an electrician.
8 probably a weekthat was in charge laser during that time? 9 making sure that the electrician came and hooked up that
10 A. No. 1 0 piece of equipment?
1 1 Q. I'm sony. That was such a poorly phrased 1 1 A. I don?t think there was anybody
12 question that I don't know what your answer means. 1 2 speci?cally. I would say if there was probably someone
1 3 Was there a laser available for use on 1 3 clinically it would be myself, because I was responsible
4 patients during that week? 1 4 for clinical duties. But the arrangements for the
5 A. No. 1 5 electrician had to be made through the University,
1 6 Q. How long had it been that there was no 1 6 because for approval to have
1 7 laser available for patients? 1 7 somebody outside come in and actually do the work.
1 8 A. I don't remember when the laser was ?rst 1 8 Q. Who was responsible for ?ling the PO that
9 determined not to be functioning correctly. 1 9 would have to be ?led to -- PO meaning -- let me go back
2 0 Q. But it was probably some period of time 2 0 and drop back.
2 1 before the new one arrived, correct? 2 1 When you say a P0 had to be ?led, what
2 2 A. Yes. But we had, in the interim, I had 2 2 you're saying is that in order to authorize the
2 3 made arrangements to have a loaner one placed in our 2 3 expenditure, 3 purchase order had to be ?led with the
2 4 of?ce. 2 4 University so that money could be spent, correct?
2 5 A. That's the normal realm. I don't lmow if

25

Q. There was a loaner in the of?ce?

KRESSE ASSOCIATES, INC
305-371-7692

 

 

 

 

 

4 2 4 4 
that's what happened in this one, though. But that woulj 1 Q. And why is it you that she called?
2 be, yes. The normal would be, you would have to get 2 A. Because hewanted
3 approval for the work to be done, and approved through 3 to be there to yell at. He also called for Nicky
4 the University. 4 Duhamel, also. We are the -- we're the two people that
5 Q. And as the Director of Clinical Services 5 basically were the ones that basically ran the daily
6 for that facility, was that your job to make sure that 6 activities of the of?ce, try to make sure everything
7 the PO got ?led so that the electrician could come out 7 ?owed.
8 and install the equipment that was needed for patient 8 Q. What staff was there when -- I mean, you
9 care? 9 next told us that you went over to the side clinic, and can you tell us where, where you then saw
1 1 Q. Whose job was it? 1 1 Dr. Pulia?to, and he was expressing his displeasure. Do
1 2 A. That would have been either the 12 you remember telling us that a second ago?
1 3 administrator's job or the Medical Director's job. 1 3 A. Um-hum.
1 4 Q. You told us when we were asking your duties 1 4 Q. Where was that?
5 as the Director of Clinical Services, that some of the 1 5 A. That was within the actual clinical patient
1 6 things you did were -- included repairing equipment and 6 care area.
1 7 approving purchases for equipment. But you've -- it's 17 Q. Who was present?
1 8 now you?re carving out this laser out of those bag of 1 8 A. To the best of my recollection, I know that
1 9 responsibilities? 1 9 Ms. Rose Anthony was there, Ms. Nicky Duhamel was there,
2 0 A. Clinical responsibilities, approving, you 2 0 and myself. And there may have been other people that
2 1 know, clinical -- different -- I'm sorry if you're 2 1 were, you know, around that were patients there.
22 misinterpreting it. 22 Dr. Pulia?to, of course, himself.
2 3 Basically, if we need equipment, I make 2 3 Q. Where is the laser room?
2 4 recommendations on the equipment. Anything thatthe comer of the clinical patient
2 5 approved, goes through the administrative staff and the 25 care area. It was directly next to the rooms that
4 3 4 5 3
1 Medical Director. So, I don't purchase equipment 1 Dr. Pulia?to uses to see patients. It was directly in
2 personally, I can't. That's not -- that's not within my 2 front of the Tech station. So there's essentially,
3 job that's not within my job description. 3 the clinic basically has patient seatingwas not within your job description 4 doctor rooms. And it sits right at the -- kind of the
5 to make sure that equipment needed for patient care was 5 apex of the comer of all the rooms.
6 in proper working order? 6 Q. Did you -- when you all went into that
7 A. That was within my job description. 7 room, was the door le? open or shut?
8 Q. Now, you told us that you were on one side 8 A. No, we closed it.
9 of the clinic when Dr. Pulia?to arrived from where he 9 That was the purpose for going into the
was, and you told us that, apparently, Dr. Pulia?to was 1 0 room, was to get out of the main waiting area with the
1 agitated that the equipment was not functioning. 1 1 patients.
1 2 Do you remember telling us that a moment ago? 1 2 Q. Do you know whether somebody inside the --
3 A. Yes. 1 3 outside that laser room, could hear what was going on
1 4 Q. Who told you that? 1 4 inside?
15 A. I believe that was Rose Anthony. '15 A. I don't know.
1 6 Q. What exactly did Rose Anthony tell you 1 6 Q. Well, you said that Dr. Pulia?to was
1 7 about what Dr. Pulia?to did and said when he arrived 1 7 yelling. Was it very loud?
8 that day? 1 8 A. It was de?nitely above a normal
1 9 A. I, I didn't say anything about what he did 1 9 conversation voice, yes. Was he screaming? Not at the
2 0 and said. They just basically told me that I was needed 2 0 top of his lungs, but he was yelling.
2 1 immediately in the of?ce, that Dr. Pulia?to was very 2 1 Q. Well, let's ?gure out how we de?ne the
22 mad and throwing a tantrum in the clinic, and I needed to 22 difference between screaming and yelling.
2 3 get there immediately. 2 3 Screaming is louder than yelling?
2 4 Q. Who called you? 2 4 A. In my de?nition, yes.
2 5

25

 

A. Rose Anthony.

 

Q. Well, no, that?s what we need is your

 

KRESSE ASSOCIATES, INC
305-371-7692

 

 

 

 

 

 

4 6 4 8 
1 de?nition, because it's your testimony that we have and 1 Q. And it buttons up the front?
2 I don't care whether that's the way other people would do 2 A. Um-hum.
3 it, I just need to know how you buttoned?
4 So screaming is louder than yelling, and 4 A. Um-hum.
5 yelling is louder than talking; is that right? 5 I'm sorry, yes.
6 A. Absolutely. 6 Q. Oh, sorry.
7 Q. And Dr. Pulia?to was not screaming? 7 And it's, it's made like a shirtlapels and a collar?
9 Q. He was yelling? 9 A. Yeah. It's like -- it's just like a suit
1 0 A. Yes. 1 0 jacket. It has lapels that come down off of it.
1 1 Q. Okay. Did he utter profanities? 1 Q. Well, it's cut like a suit jacket, but it's
12 A. Yes. 1 2 not -- it's just like one layer of whatever, cotton or
1 3 Q. What did he say? 1 3 polyester or something like that --
4 A. I don't recall exact terminology, or exact 1 4 A. Correct.
1 5 wording, but I know that he used the word several 15 Q. -- right?
1 6 times. And once when he was six inches from my face. 1 6 A. Correct.
1 7 Q. WellAnd tell us, or maybe show us on your
1 8 F'ing equipment or the F'ing what? 1 8 jacket since we're on a video, where you say Dr. Pulia?to
1 9 A. I don't know the exact -- you know, I'm 1 9 had his hands on that lab coat?
2 0 sorry, I don't. 20 A. He grabbed me by both sides of the collars,
2 1 Q. Other than the word, were there any other 2 1 and pulled them in, under my chin, like that. And I was
2 2 profanities that you recall? 22 actually up on my tip toes. He pulled me up and into his face. 
2 4 Q. Tell me exactly what you recall him saying 2 4 Q. Did that obstruct your breathing in any
2 5 when you are in the laser room. 2 5 waydon't have a great recollection of a lot 1 A. I don't think I breathed at all during that
2 of it. It kind of, just all kind of blurred together. 2 moment.
3 I remember when he was in my face saying 3 Q. So you don't know?
4 something regarding it was ?lcking ridiculous, that this 4 A. Oh, yes, it did.
5 was unacceptable. That, that he was going to get a 5 Q. What do you mean?
6 ?icking new laser out of this, you knowmean, he had his -- he had his hands
7 remember before he left, he wanted to make sure that we 7 up tight -- you know, my collar was pulled against my
8 got the, got the laser rep on the phone, he wanted her 8 neck, and he has his hands underneath on my neck. So he
9 there in the clinic today, he wanted to talk to her 9 had pulled it tight around my neck, almost like a noose,
1 0 directly. And that's when, that's -- that's all I really 1 and he had his hands seated underneath. He had me
1 recall of exact type of stuff. I know there was -- it 1 1 pulled, he grabbed them grabbed his hands, pulled them
1 2 went on longer, but I just don't know what else was said. 12 in, and underneath. So his knucldes were underneath, in
1 3 I just, you know, it's hard to recall. 1 3 my neck.
1 4 Q. You were wearing a lab coat? 1 4 Q. This is all from your lapels?
5 A. Yes. 1 5 A. Yes.
1 6 Q. Is that like this kind of white three-quarter 1 6 From the -- when I say "lapel." I say, the
7 coat -- 7 collar. He grabbed the collar, which is part -- I'd like
1 8 A. Um-hum. 18 to classify, I guess, as the same, lapel and collar all
1 9 Q. -- that the doctor's wear? 1 9 in one. So it's like a the, you know, it's the part
20 A. Yeah, it's standard for all doctors, yeah. 2 0 around, you know --
2 1 Q. Is it given to you by Bascom Palmer? 2 1 Q. Did you have any injuries as a result of
2 2 A. Yes. 2 2 this incident?
2 3 Q. It has like a Bascom Palmer insignia logo and then your name 2 4 Q. Bruises?
2 5 underneath it. 25 A. I didn't look, but I don't believe so.

 

 

 

KRESSE ASSOCIATES, INC
305-371-7692

 

 

 

 

 

50 52 
1 Q. Did anyone tell you they saw a bruise single phase and there's a three phase
2 you? 2 way. And they failed to send us the part that would have
3 A. I don't know if they'd be able to, because 3 allowed us to hook it up to the electrical system. I had
4 we all wore shirts and jackets, but nobody did. 4 come in on a Sunday, with the electrician, to hook it up.
5 Q. Well, I'm sorry. What you just showed us 5 And that?s when he recognized that it was not there. So,
6 was something up above where any shirt would be. 6 we had that part on order from the manufacturer immediately. 
7 A. Well, but the collar comes around here, 7 Q. You came in on a Sunday to let the
8 also. So, no, there was no bruising in that area that 8 electrician in and be there while he hooked it up?
9 someone commented to me about. 9 A. Saturday or Sunday, it was a weekend.
1 0 Q. You never saw any bruising? 1 0 Q. When was the part ordered a?er that?
1 A. No. A. I would say Monday morning.
1 2 Q. How about any red marksabout ordering that part?
1 3 I, I didn't look. 13 A. I don't recall. But I would say probably
14 Q. Did anyone tell you, "oh, my gosh. There 14 that we end up calling the rep and telling them that they
1 5 are red marks on you"? 1 5 were missing the part that was supposed to be with the
6 A. I don't recall. l6 laser.
1 7 Q. How long do you estimate that the episode, 17 Q. Do you recall who called the rep?
18 and I?m de?ning it now just as the time of any alleged 8 A. No.
1 9 physical contact there was between you and Dr. Pulia?to, 9 Q. Did you tell somebody to call the rep?
2 0 how long did that take? 2 0 A. I don't recalljust a best guess, between 10 2 1 Q. Did you call the rep?
2 2 and 20 seconds. 22 A. I don't recall.
2 3 Q. And during that time that he has hold of 2 3 Q. You were the one who knew the part was
2 4 you, these 10 to 20 seconds, is that the exact time that 2 4 missing of the staff members at the clinic, right?
2 5 he said, "this is fucking ridiculous, it's unacceptable. 2 5 A. Yes.
5 1 5 3 
1 I'm going to get a new laser"? 1 Q. So you had somehow, to communicate with
2 A. Yes. 2 somebody, that that part needed to be gotten, rightalso saying during that 3 A. Yes.
4 time of physical contact, that he wanted the laser rep on 4 Q. What time of day did this alleged incident
5 the phone and wanted her there that day? 5 take place?
6 A. I don't recall that. I know thatthe morning, I don't lorow exact
7 know, there was the, that this was F'ing ridiculous, all 7 time, though.
8 that was in my face. But I don't recall a?er he 8 Q. What did you do after then?
9 released me, I think it was after he released me that 9 A. I, I don't have a great recollection. I
1 0 he -- before he stormed out of the room, that he demanded 1 0 lcnow that we had got the -- Bobbie, the representative
1 1 that we get her here immediately. 1 1 from Luminesce there, we ended up having a meeting with
12 Q. Okay. So allegedly he has his hands on you 1 2 Dr. Pulia?to, Bobbie, Nicky and myself at one point.
1 3 and says something, then he let's you go, and he says, 1 3 Q. Bobbie is the rep?
1 4 want the laser rep on the phone, and I want her here 1 4 A. She is -- yeah she was the laser sales rep.
15 today"? 1 5 I know I had, also, in that afternoon I had, um, some
1 6 A. Yes. 1 6 research duties that I was doing, and I had to meet with
17 Q. And you did that? 7 a representative from the research company. I don't -- I
8 A. Oh, yes. 1 8 don't know the exact details of the entire day.
9 Q. And how soon after that did you have meeting with -- does Bobbie --
2 0 working laser? 2 0 can you do better for us on her name?
2 1 A. I don't know. I think it was still a 2 A. I don't remember her last name.
22 couple of days before the part arrived, or it might have 22 Q. So be it.
23 been the next day that -- you know, the part was meeting with Bobbie, the
2 4 way. Basically, they had recognized that they had failed 2 4 laser rep, Dr. Pulia?to and who else?
2 5 2 5

 

to send us the part. The laser has two ways you can hook

A. And Nicky Duhamel was there.

 

KRESSE ASSOCIATES, INC

305-371-7692

 

 

-.. 1 1


 

 

54

Q. And when was that?

56:

I told her the, all of the details would have been about 1: 00 in 2 Dr. Pulia?to was in the of?ce, um, he was, you know, he i
3 the afternoon. It Was, it was, I believe, it was after 3 was basically cussing at 11,5 and had assaulted me, urn,
.4 lunch Or at least somewhere in the a?emoon. 4 had verbally abused. ahd demeaned the rep from the
5 Q. What happened at that meeting? 5 company, Ium, it was basically just threw, um, pretty much
6 I I A. -Um, Dr. Pulia?to, basically, um, again, 6 a 
7- hada screaming Insulted the rep on many occasions let?s see.
. 8 oVer their incompetency. It was one of the most 8 Did youever make?a forrnal report to the
9 embarrassing meetings ever. been on. In fact, I had 9 University about this alleged incident?
10 to apologize?to the rep afterwards for the behavior of 1 A. Yes, I did.?
1 1 the Chairman. 1 1 Q. _When?
12 He ?nished up the meeting by telling her 12 A. Idonlt?re?call the date that I did a verbal
13.. that he didn't lmowWhy he was speaking with her, she we $13 to mysuperVisors. I spoke to both Kressly and'to Mike
1'4 I basically just a sales rep, and demanded that they get to 4 Grimmett regarding the incident. I did ?le Ia formal,

- 5 the president, or whoever was the regional director,- I I .15 written grievance regarding it after Ispeaking with both
16 forget who it was That he get out there, you know, and 16?] the Dean at the medical school, the head of the EOC, and I
7 that he doesn' want to dealIWith her and talkto her 17 the head of Faculty Affairs. The formal complaint was,
.18 because she was beneath her -- I don't know the exact 8 was of?cially ?led in AugUsIt.

19 Wording, but that's the gist of What was said. And then 1 9 Q. 2002?
2 0 he got up and left while She was trying to apologize and 2 0 A. Yes.
21 explain, he just walked out on her. 2 1. Q. Why then?
22' I Q. What was her explanation?? 22 I A. Just because I had gone through the other
23 A. don't remember. I don't remember. 2 3 channels, had sought the advice, went to the Dean lunch that day? 2 4 out what to do. The Dean had me recommended that I I 
2 5_ A. 'Oh, no. 2 5 then speak to either the ECG, or to the Faculty Affairsyou usuallygo out to lunch? 1 I had previously had to speak personnel regarding another incident with Dr. Pulia?to

3 Q. .You le? atnonnal time? 3 befOre that, so I felt more comfortable with them. I had

4 A. 'Yes. To the best of my. recollection, yes. 4 to travel to Miami to meet with them, and after I met

5 Q. Did you tell anyone that day about this 5 with them, they decided that it wasn't under their realm,

6 alleged incident? 6 it didn't fall under the EOC, that it should be Faculty

7 A. Yes. .I had spoke to, um, you know, of 7 Affairs. They put the Over to Faculty Affairs, II spoke to I

I 8 course,'Nicky and I spoke-regarding it. She suggested 1 8 him on the phone. And then, you know What, I think 

.- 9 Ithat I speak'to Gaby directly that day who is 9 even met with the Faculty Affairs before all that ?nally
10 administrator, and I Couldn't. And so she had spdke to 0 got to the point of ?ling a. written grievance.

ll Gaby'either. that-day or the next. 1.1 You had reported another incident with

12 . .Um, I'lcnow that I had mentioned it to the .12 "Dr. Pulia?to to the University?

13 repre'sentativeformy drug company study, um, Bill, um, 13 A. No. The University -- well, yes, I did. I

.1 4 . Bryant. You-know, because he asked'what was wrong, he 14 guess I reported the -- in December ofI' 01, Nicky Duhamel
1 5 could see .I was physically shaken that day. 15 and myself met with the Dean of the medical school, J_oh_t?
1 6 Q. What did you tell him? 1 6 IClarkson, to report that she had been .receiI'vi'nIg sexual

17 A. Told him that I was assaulted. 17 harassment from the Chairman, Dr P-ulia?to. That Iliad 1
18 Q. Did you give any detail? 18 been verbally?abused by him, and?that I had been

19 A. Very brief. I think I was just still a 1 9 threatened by him' and intimidated. The, speci?cally the i
20 little bit in shock. I 20 incident with the Faculty meeting. We met with him in
'21 Q. Who else did you tell on April 4th, 2002 2 1 con?dence at that point, um --

22 about this alleged incident? 2 2? Q. Let me just interrupt one second --

2 3 A. I don' think I told anybody else on that 2 3 I A. Go ahead. -

2 4 day other than my wifewant you to go back to that 

25I IQ. What- did onIuI-I -tell_. yourm wife? .. 25' . Qkay. -

KRESSE ASSOCIATES, INC

305- 371- 7692

 

 

 

 

 

 

just want to clarify. 1 know, she -- you know,just was dismayed, you know, that, -
2 So your report of what had happened to you 2 that this, you know, that someone has such a high degree 
3 was based on that faculty meeting in September '01 that 3 of education and professionalism could act in this
4 you told us about a little while ago? 4 behavior.
5 A. Plus, other stuff that continued to occur 5 Q. Did she suggest maybe this wasn't the best
6 up to that point in December, yes. 6 job for you?
7 Q. All right. Well, we'll turn to that in a 7 A. No.
8 second. 8 Q. By the way, did you take any time off from
9 Right. So, you were telling us the 9 work as a result of this incident?
10 process. You met with Dean Clarkson? 10 A. No. I was recommended, actuallymet with Dean Clarkson. Dean Clarkson 1 1 when I had spoke to both the ECG and to the Faculty
1 2 had acknowledged that the University was aware that he 1 2 Affairs person, you lmow, when I had -- I had wanted to
1 3 had behavioral and em -- the anger problems before they 1 3 take time off to avoid Dr. Pulia?to?s further clinical
4 hired him. 1 4 days, and they told me I should not take those days off.
15 MR. ESPY: Who are you talking about? 1 5 I was going to take the day when he was in the clinic, so
1 6 THE WITNESS: That Dr. Pulia?to had these 1 6 I would not be there.
1 7 problems. 1 7 Q. When did you ?rst have that discussion
1 8 MS. JOHNSON: You lcnow what, Alan, she I 8 with them?
1 9 should follow up with the questions. 1 9 A. I had numerous discussions with Sally
2 0 THE WITNESS: And that he had assured them 2 0 Phillips who was EOC, um, Employee -- EAC, I'm sorry.
2 1 that this was a thing of the past, that, um, he 2 1 Employee Assistance -- I apologize. EAP, it's Employee
22 was going to look into it personally, and then in 22 Assistance Programs.
2 3 December -- I'm sorry. In January, a Wilhema 2 3 Q. But that wasn't the question.
2 4 Black and Gloria Hines from the EOC were asked to 2 4 The question is when you ?rst spoke to any
2 5 meet with Ms. Duhamel and myself regarding the 2 5 one of them?
5 6 1
complaint of sexual harassment made in Miami 1 A. I don't recall a date.
2 against Dr. Pulia?to, and they were following up 2 Q. Was it the same week this incident
3 on the information regarding the sexual harassment 3 occurred?
4 up in the Palm Beach of?ce. So they had a 4 A. The assault incident?
5 complaint from Miami, they were following up on 5 Q. Yes.
6 other complaints, and that was one of them. 6 A. No, it was from much before that.
7 BY MS. MOSCOWITZ: 7 Q. No, but that wasn't my question at all.
8 Q. They discussed with you that they had other 8 My question was, did you take off any time




complaints against Dr. Pulia?to? 9
A. Yes. That they had, basically, have been 1 0
asked to speak with us, because there was a complaint 1 
?led and they were asked to investigate all avenues. 12
Q. Okay. Now -- 13

A. So they wanted -- 1 4

Q. I'm sorry. You were saying? 15

A. No, no, that's all right. We'll clarify 1 6

that later. 1 7
Q. I'm sorry. I should have asked before. 1 8

You told your wife the night of April 4th, 2002, what 1 9
allegedly happened that day between you and Dr. Puliafit )2 0
right? 2 1
A. Yes. 2 2

Q. What was her reaction to that? 2 3

A. She was pretty well shocked that this type 2 4

2 5

 

of thing would occur at a university. I think that, you

you have Dr. Scott Cousins, you have Dr. Paul Greenberg,

from work following this alleged incident?
A. I answered that, no.
Q. Okay. That day you told your wife and the
guy that you had some -- were doing something regarding a
drug study he had, right?
A. Yes.
Q. Who were the next people that you told
about this alleged incident? And I don't just mean
university people, I mean anybody.
A. I can't recall, you know, what the exact,
you know, um, dates of persons that were told. The list
is very long of persons.
Q. Well, I'll tell you what. If we can't get
them in order, so be it. But tell us who's on that list.
A. Well, within the University itself, you had
Sally Phillips, from the EAP. You have Dr. Mike Grimmett

 

 

KRESSE ASSOCIATES, INC

305?371?7692

 

 

 

 

 

7 6 6 68
1 Dr. Kadingo knows that I had a deposition, he didn't 1 Q. Do you still see her?
2 know -- I didn't tell him why. 2 A. Yes.
3 Q. Did I ask you whether you went to any 3 Q. Are your families' ?'iends?
4 doctors, or any form of healthcare -- let me start over 4 A. Yes.
5 and say, did you go to any healthcare professional as a 5 Q. Did you ever report this matter to anybody
6 result of this alleged assault? 6 in law enforcement?
7 A. No. 7 A. Yes.
8 Q. You told us that there was a trustee of the 8 Q. When was that?
9 University that you told about the alleged assault; who 9 A. March 3 lst, 2003.
is that? 1 0 Q. Now, that's only four days short of a full
1 1 A. He was actually carbon copied on a letter 1 1 year after it happened, right?
1 2 that was sent to Dean Clarkson. 12 A. Um-humMR. ESPY: Yes?
14 A. Joel Glaser, 4 THE WITNESS: Yessomebody that you know personally? 1 5 BY MS. MOSCOWITZ:
1 6 A. I don't remember how I got his name. I 1 6 Q. Why then?
1 7 remember that I was, somewhere along the line I was tola 1 7 A. Because I had physically exhausted every
18 his name, you know, and that, you know, he may be 1 8 avenue that I could pursue with the University, and I was
1 9 receptive to assisting in trying to remedy the situation. 1 9 stonewalled and called a liar, and at that point I
2 0 Q. Who told you that? 2 0 basically said, this is ridiculous. The University has
2 1 A. I don't remember. 2 1 policies that they weren't adhering to. They broke their
22 Q. When you say "remedying the situation," 22 own policies all the way along the whole way.
2 3 what is it that you saw as a remedy to the situation when 2 3 The ?rst thing that they ask you to do is
2 4 you made your grievance? 2 4 have it dealt with internally, and they failed. They
25 A. At the time I made my grievance, basically, 2 5 failed to provide any relief, any protection, and at that
6 7 6 9
1 I expected the University to ?re Dr. Pulia?to for his 1 point I said, I am going to ?le this.
2 actions. I didn't make that demand on them, but that's 2 Q. There was nothing that prevented you from
3 what I thought would occur because of what we had seen 3 ?ling a complaint with the law enforcement, with law
4 previously with other employees, and the nature of what 4 enforcement authorities before March 31st, 2003, was
5 had happened, and terminations that had happened before 5 there?
6 that. 6 A. University policy is to avoid that ?rst.
7 Q. How is Nicole Duhamel currently employed? 7 They ask you to -- any problems to deal with in their
8 A. She is I don't know the exact title. 8 policy manual is to deal with it internally. But, no,
9 She works for a large anesthesiology practice. She runs 9 there is nothing. I could have ?led at any point. But
1 0 all their billing and collections department. 1 0 that's not the University's recommendation, and that's
1 1 Q. When is the last time you spoke with her? 1 1 not what they teach you.
12 A. I believe last Thursday. 12 Q. What exactly made you go at that time to
1 3 Q. What did you guys talk about? 1 3 law enforcement?
1 4 A. It was her 40th birthday. 1 4 A. It's twofold. It was a frustration with
1 5 Q. I don't hear you. 1 5 the University's stonewalling, um, and failure was her 40th birthday. Basically, 1 6 this.
1 7 birthda dinner. 1 7 The second was the sequence of events where
1 8 Q. Did you speak about this case? 1 8 I was being removed from my job position, essentially.
1 9 A. Basically, just -- I had mentioned to her 1 9 They were taking away, urn, job duties. They were
2 0 that I had received the deposition, that we basically 2 0 neglecting my job. They were going behind my back and
2 1 would be going into -- into deposition. That I had 2 1 meeting and doing things. And, basically, I thought it
2 2 received initially, um, you know, settlement offer from 22 would afford some semblance of job protection. Didn't
2 3 the University, and that we were looking into that. 2 3 ?gure the University would, would, uh, would want to
2 4 Q. How often do you speak with her? 2 4 ?re somebody that had an active, ongoing investigation.
2 5

 

 

 

A. Twice a month. 2 5

Q. I'm sorry. Say that again.

KRESSE ASSOCIATES, INC
305-371-7692

 

 

 

didn't ?gure that the University would, 1 caused Ileen Knopping, Corrine Rogers or Yunhee Lee to do

2 would want to ?re somebody if there was an ongoing 2 anything to quote-unquote circumvent your job 

3 investigation. 3 responsibilities?

4 Q. So going to the police was a form of job 4 A. No direct evidence.

5 protection? 5 Q. Do you think there's something illegitimate

6 A. It's twofold. It's basically, primarily 6 about Dr. Pulia?to hiring people that he has prior

7 the frustration that I couldn't get anybody to listen to 7 experience and con?dent with and con?dence in?

8 me. And then, yes, to say, hey, listen, you know what? 8 A. No, I think he can hire whoever he feels is

9 This, this is getting out of hand. I'm being stripped of 9 competent. I think, though, that in regards to Yunhee
1 0 job duties. And I think I need something to protect 0 Lee, that the placement of Yunhee Lee was inappropriate
1 myself. 1 1 because we had people that she was already hired. He
1 2 Q. Tell us about the job duties that were 12 moved her up into the Medical Director position, whereas
1 3 taken away from you. 1 3 there were pe0ple that were more senior within the of?ce
1 4 A. There was nothing formally taken away. 1 4 that should have at least been, you know, put in that
15 They just basically circumvented my job position. 1 5 position preceding that. But I think that was simply a
1 6 Q. Well, you keep saying "they." And I don't 1 6 move so that he could feel he could control the of?ce.

1 7 know what that means then. 1 7 Q. And do you have any evidence that that was
1 8 A. Okay. 1 8 a move so that he could control the of?ce?
1 9 Q. Who is "they," and what did they do? 1 9 A. No direct evidence.
20 A. In the chain of command, the ?rst in the 20 Q. And do you think Yunhee Lee was unquali?ed
2 1 top of the line is Dr. Pulia?to. Beneath him, there's a 2 to become the Medical Director?
22 Medical Director for the Palm Beach facility, and there's 2 2 A. I think that she has great quali?cations.
2 3 an administrator for the University of Miami Bascom 2 3 No, I think she is a quali?ed candidate. She didn't
2 4 Palmer. University of Miami Bascom Palmer has a woman, 2 4 have the seniority within the University, though, that's
2 5 Corrine Rogers, who was appointed by the Chairman 2 5 what made me question that decision.
7 7 3

1 himself. And then the Medical Director, Dr. Yunhee Lee 1 Q. And when you say you question that

2 who was appointed by the Chairman himself, again, 2 decision, did you relay that questioning to anyone?

3 Dr. Pulia?to, just came into position in January. 3 A. No.

4 Right a?er January, Ms. Duhamel left her 4 Q. And who is it that you felt had the

5 position with the University voluntarily. And after that 5 seniority to get that position?

6 point, 1 had absolutely no support administratively. 6 A. There were three people that were more

7 Um, the -- all of the technical ?mctions that I had 7 senior within the office. You had Dr. Craig Skolnick,

8 performed before then, the approval of vacations, the 8 you had -- actually, four people. Dr. Paul Greenberg,

9 assignment of duties within the clinic were basically 9 Dr. Scott Cousins, Dr. David Green?eld, and then there
10 circumvented around me, and they went to one of the 0 were innumerable people from Miami that might have taken
1 technicians to do that. 1 1 it. There was one doctor that had desired to come to
1 2 Q. Well, when you say circumvented around you, 12 Palm Beach but wasn't allowed to. And the name escapes
13 who did what? 13 me right now. I want to say it's Ventura, but I can't
1 4 A. Ms. Corrine Rogers. 1 4 recall, I apologize.

1 5 Q. What did she do? 1 5 Q. So were you offended by the fact that

1 6 A. They also brought in a, the consultant, 1 6 Yunhee Lee received that position as opposed to the other
17 Ms. Ilene Knopping, who also a personal friend of 7 doctors who had more seniority?

1 8 Dr. Pulia?to's. And they basically -- if they had 1 8 A. Not at all. I worked directly with Yunhee

1 9 meetings regarding clinical matters, they would not tell 1 9 Lee, I respect her very much.

20 me them. They would not tell me there was a meeting. I 20 Q. So when you say that you thought that the

2 1 was not consulted regarding any changes in the clinics, 2 1 more senior people should have gotten that position, was
22 regarding the technical issues. I mean, that was done by 22 that a matter that you discussed in the of?ce?

23 Ilene Knopping, Corrine Rogers. To a lesser part, Yunhe 3 2 3 A. No. It was just a personal observation,

2 4 Lee. 2 4 personal opinion.

2 5

 

 

 

Q. Do you have any evidence that Dr. Pulia?to

25

Q. Okay. So you went to the police. Did you

KRESSE ASSOCIATES, INC
305-371?7692

 

 

 

 

 

7 4 7 6
1 actually drive to the police station? How did that 1 cut in your facility?
2 A. Yes. 2 A. I don't know that I was ever in on any
3 Q. Tell us -- give us the mechanics of that. 3 meetings. Again, this is where - this is where a lot of
4 A. Um, basically, um, my wife and I went to, 4 the frustration come up, is that, you know, it was --
5 went to the police station. 5 there -- I think I became aware that she was there to
6 Q. Where? 6 make recommendations after that, January 2003. But I was
7 A. Palm Beach Gardens. Met with an of?cer, 7 never in on any of the meetings, and that kind of upset
8 um, relayed the story to him, you know, regarding what 8 me that, here I was the director of all the clinical
9 had happened: He took a report and, basically, ?led a 9 services, 16 personnel, and I wasn't being consulted
0 report then with the, you know, the department. 10 regarding any of that. And, in fact, they met with every
1 1 Q. What then happened? 1 1 one of the personnel, but they left me out of those
1 2 A. Um, I don't know, actually. At what point, 12 meetings. They had a human resources person drive up
1 3 at some point I got a, a letter that they were 13 from Miami to meet with Ilene and to call in each
1 4 investigating it. That -- and that it was sent on to the 4 individual person to go over their job description. I
15 Attorney General's Of?ce. And the Attorney General's 1 5 was absent ?om every one of those meetings.
1 6 Of?ce had sent me a letter a?er that saying they 1 6 Q. Was there a I'm sorry. Go ahead.
1 7 decided that they were not going to pursue it, because of 1 7 A. I was going to say, they simply just failed
1 8 the time lag in between the incident to when it occurred 1 8 to include me in what I consider to be one of the primary
1 9 and because, you know, he had no prior record of any 1 9 job duties I have, you know, which is personnel.
2 0 problems. So, they just, they dropped the case. 20 Q. Did they meet with you regarding your
2 1 Q. When did you ?rst become aware that your 2 1 duties?
22 position might be in jeopardy? I don't mean just your 22 A. They did at one point, it was very brief.
2 3 duties, I mean your whole job. 2 3 I know that Yunhee Lee had met at one point with myself
2 4 A. September 2001. 2 4 regarding job duties. Just, just basically inquiring as
2 5 Q. No, no, no. You were -- there was a 2 5 to what duties I performed. There was nothing morereduction in force, there were a number of people who 1 know, as far as what expectation for my duties were,
2 were let go April 23rd, 2003. When did you ?rst learn 2 though. In fact, I wasn't even sure that that was, you
3 that you were -- that that was about to happen? 3 know, something that she was in charge of, because my
4 A. April 23rd, 2003. 4 understanding, again, that she was taking over
5 Q. That was the ?rst word you got? 5 Ms. Duhamel's position. And Ms. Duhamel?s position an
6 A. Yes. 6 mine were completely separate. I was in clinical, she
7 Q. You didn't have any idea before that, that 7 was administrative, there was no overlap in us as far as,
8 you might be terminated? 8 you know, she wasn't above me and I wasn't below her in
9 A. None at all. 9 the chain of command. The person directly responsible t<
10 Q. Had you met with Ileen Knopping, if that's 1 0 myself was Dr. Yunhee Lee.
1 1 her name? 1 1 Q. You reported directly to Dr. Lee?
12 A. We had several meetings. In what respect 12 A. Yes.
1 3 is your question? 1 3 Q. Do you have any training in management?
1 4 Q. Well, did you understand what her position -- 1 4 A. Yes.
1 5 what did you understand her position was? What did you 15 Q. What is that?
1 6 understand she was doing in your clinic? 1 6 A. The University basically sent me to
1 7 A. She initially was hired as a consultant to 17 administrative supervision training when I ?rst joined
1 8 make recommendations on patient ?ow and increasing 1 8 the University.
1 9 productivity. So she had done several reports on how to 9 Q. What kind of course was that?
2 0 make the of?ce run more ef?ciently. At the point when 2 0 A. The name of the course was "Fundamentals of
2 1 Ms. Duhamel voluntarily left, my understanding was her 2 1 Supervision." There were actually several courses that
2 2 job was to take over Ms. Duhamel's duties until someone 2 2 they had me go to at that point, I want to say like three
2 3 could be hired to replace her. 2 3 or four. But there was one main one, the university --
2 4 Q. Did you at any point understand that she 2 4 the University one, it had a big binder with it, and you
2 5

 

was undertaking a study to determine how costs could be

25

l-uh,



 

had to learn all of the protocols and policies and how to

 

KRESSE ASSOCIATES, INC
305-371-7692

 

 

 

90 92 
1 Q. What's that? 1 if I had sought medical care afterwards and I told him,
2 A. This is the written part of what I had 2 no.
3 wrote at the Palm Beach Garden County -- the police 3 Q. Well, is it your contention that you do
4 department. This is my written account. 4 have injuries as a result of this alleged incident?
5 Q. You gave it you wrote that on the date 5 A. De?ne "injury."
6 that it bears? 6 Q. Well, actually, you brought it up. So I
7 A. Yes. 7 guess I'm curious to know --
8 Q. And what date is that? 8 A. No, you asked I?m paraphrasing.
9 A. March 3 lst, 2003. 9 Q. No, I asked what was wrong in the report
10 Q. Let me show you now deposition Exhibit 3. and you said, "well, he made a judgment that I had no
1 (Defendant's Brockman Exhibit No. 3, Simple 1 1 injuries." So, I want to know if you thought you had
12 Battery Statement dated March 2003, was marked for 12 injuries.
1 3 Identi?cation.) 3 A. Well, I think there were absolutely
I 4 BY MS. MOSCOWITZ: 14 emotional injury was sustained in this, absolutely. You
1 5 Q. Do you recognize that document? 15 know, and there was intimidation, you knowknow, I was choked. Um, there was a physical component
1 7 Q. In reviewing deposition one and 7 to it. Was it a long-term, sustained injury, no, not a
1 8 deposition -- deposition Exhibit 1 and 2, and I'd like 1 8 physical long-term injurytake your time and take a look at both 1 9 Q. Was it an emotional long-term injury?
20 those exhibits, and tell us if they truly and accurately 2 0 A. Oh, absolutely.
2 1 re?ect what you told the police of?cer when you made 2 1 Q. Of what sort?
2 2 your report to the Palm Beach Gardens Police. 22 A. Oh, I had, um, I had panic attacks. I had
2 3 A. Yeah. In fact, I think that there was more 23 insomnia. I had fear, um, you know, many, many
2 4 said, but this is a synopsis of the of?cer's report. 24 things.
2 5 Q. What more was said thatAnd was that over a certain period of time?
9 1 9 3
1 report? 1 A. Uh, yeah. I would think that basically 
2 A. There was -- basically, I had relayed to 2 that as I've come to grips with the whole situation over 
3 him that part of the reason for not coming forth sooner 3 the last several years, it's been able to, you know,
4 was basically fear of retaliation and loss of job. And, 4 gradually dissipate.
5 you know, it doesn't reflect it in here. 5 Q. Are you still suffering any residual
6 I'm sure that there was probably some more 6 effects at this point?
7 delving into the exact nature of what was said during the 7 A. Prior to reviewing all of this for the
8 altercation, but I, you know I, again, I don't have 8 depositions, I would say that I felt pretty well back to
9 any -- a perfect recollection for the exact words that 9 normal. But, you lmow, and having to dredge it all up,
1 0 were said to the officer. 1 0 it's kind of created some nights of non-sleep again and
1 1 Q. Is there anything inaccurate in those 1 1 some same feelings.
12 reports? 1 2 Q. Aside from the recent reliving of these
1 3 A. Well, I think that he just kind of made a 1 3 events, do you have any other lingering problems caused
1 4 preliminary judgment by saying Mr. Brockman sustained no 1 4 by this alleged assault?
15 injury from the incident. That wasn't stated to him, 1 5 A. No.
6 that was a judgment on his effect. Other than that, I 6 Q. At the time, did that emotional injury
17 think it's fairly re?ective of the interaction with the 1 7 prevent you from becoming employed?
1 8 of?cerwhat basis did he make that judgment? 1 9 Q. Did it have any effect on your relationship
2 0 A. I can't report for how he made that 2 0 with your family?
2 1 judgment. 2 A. Absolutely.
22 Q. What did you tell him about any injuries 22 Q. In what way?
23 you may have sustained as a result of the incident? 2 3 A. My relationship with my wife was
24 A. I don't recall. I don't believe that, you 2 4 exceptionally strained at the time. I was very short, I
25

 

know, we got into much into that. I believe he asked me

25

was very withdrawn, um --

 

KRESSE ASSOCIATES, INC
305-371?7692

 

 

 

 

panic attacks? 1 Q. His last name wasn't ByrdYes, Byrd.
3 Q. Okay. 3 Q. Didn't he ?le an EEOC charge about this?
4 A. I'm not a high utilizer of doctors. 4 A. Yes, he did.
5 Q. Okay. But you think you've had two or 5 Q. Yeah. He's African American, I believe.
6 three since you've left since you've left the 6 A. Yup.
7 University? 7 Q. So was he saying in fact that the
8 A. Yeah. 8 termination was discriminatory?
9 Q. Okay. You talked about supervising the 9 A. That's what he claimed.
1 0 optical technicians -- is that the correct phrase? I 0 Q. Yeah. No, I'm not assuming that it was.
1 1 A. Ophthalmic. 1 But I -- he claimed that it was discriminatory, correct?
1 2 Q. Say it again. 1 2 A. Yes.
1 3 A. Ophthalmic technicians. 3 Q. And in fact that --
4 Q. Thank you very much. 1 4 A. He claimed sexual harassment.
1 5 But you did not have any authority to hire, 1 5 Q. Oh, really? By whom?
1 6 ?re people at the clinic -- 1 6 A. Not in race.
1 7 A. I did. 1 7 Q. By you?
1 8 Q. -- you could recommend, I suppose. I 8 A. By the female employees that worked with
him.
2 0 Q. You unilaterally hired and ?red people? 2 0 Q. Okay. But the reason for your
2 1 A. Um, I don't think there was ever any 2 1 recommendation is you felt he was too confrontational
2 2 unilateral in the University. The University doesn't 22 with patients --
2 3 work that way. 2 3 A. Yes.
2 4 Q. Correct. 2 4 Q. -- I think and with staff?
2 5 A. Was the ?nal decision me to myself? Ye $25 A. We had several patients complain directly
made the recommendation and it was, it was basically 1 to us. We had staff complain directly to us.
2 then approved through human resources. But nothing think I am correct that
3 unilateral -- 3 Mr. Roy Hines from, and you kept referring to the EOC,
4 Q. Correct. 4 but I think you meant the University's Of?ce of Equal
approved for funding, you 5 Opportunity where Mr. Hines and Wilhema Black were.
6 know -- 6 believe those two individuals, or at least Mr. Hines came 
7 Q. Human Resources has to approve all 7 to the West Palm Beach to investigate that complaint --
8 termination decisions; do they not? 8 A. Yes, they did.
9 A. And hiring. 9 Q. -- did they not?
1 0 Q. Yeah. And did you ever recommend that 10 MR. ESPY: Investigate the complaint?
1 anybody ever get ?red? 1 1 MS. JOHNSON: Excuse me. Thank you.
1 2 A. Yes. 1 2 THE WITNESS: Yes.
1 3 Q. And how many? 1 3 BY MS. JOHNSON:
4 A. Two. 1 4 Q. The complaint?
1 5 Q. For what reasons? 1 5 A. Yes.
1 6 A. Actually, um, the ?rst was a gentleman, 1 6 Q. Okay. And met with you and got your
1 7 Ed. And, I don't remember his last name. Um, 7 reasons for the termination, etcetera?
1 8 recommended that he be terminated because he was 1 8 A. Yes.
1 9 confrontational with patients and staff. He was still 1 9 Q. Okay. And there weren't any
20 nearing his probationary period, he was aggressive. He 20 recriminations, I mean, I think, basically the University
2 1 um, there was several personnel that approached me that 2 1 agreed that the recommendation was correct?
22 basically said that they felt intimidated by him -- 2 2 A. Yes.
2 3 Q. Um?hum. 2 3 Q. Now, you said there were two people. Who
2 4 A. -- that he basically just -- they didn't 2 4 else?
2 5

25

 

feel they could work with him.

A. I had recommended that 3 Debbie Lauks be

 

KRESSE ASSOCIATES, INC
305-371-7692

 

 

 

 

6 6 68 -
terminated at one point, also. 1 A. In part myself and Ms. Duhamel for later
2 Q. Who is Debbie -- well, give don't remember exactly why at that time she wa.
3 title, what she did. 3 terminated.
4 A. She was an ophthalmic techniciansome point you did make the
5 photographer. 5 recommendation, though, that she be ?red, again. And
6 Q. And why did you recommend that she be 6 she was?
7 ?red? 7 A. No, I apologize. No, she wasn't terminated,
8 A. We had had, um, pattern of complaints from 8 she voluntarily quit --
9 employees against her, that she was, again, 9 Q. Okay.
1 confrontational, that she was dif?cult to work with, 1 0 A. after that.
1 1 these were noted and investigated. Culminated with her 1 1 Q. Shortly after that?
1 2 tempting to get certi?cation for photographer, she 12 A. I don't remember, I think it was several
1 3 basically did what's called a ?uorescence angiography 1 3 months.
1 4 without a doctor's being present or recommending it, 1 4 Q. Okay. Did you communicate to her what
1 5 which is a medical procedure that she's not allowed under 1 5 Dr. Pulia?to had said about hercould have been ?nancial liable forrecommended she be terminated because she 17 Q. Okay. All right. You have asserted a
8 performing medical care without being a physician. 1 8 claim of negligent hiring against the University of
1 9 Q. And Human Resources, I assume, approved of 1 9 Miami. So I kind of want to walk through the factual
2 the recommendation? 2 0 basis for the claim.
2 A. I took that to Dr. Pulia?to directly. 2 1 A. Good.
22 Q. Oh, okay. And what time period are we? 22 Q. Okay. It's my understanding that this is
2 3 A. I can look it up, I don't remember the 2 3 based upon your contention that the University knew at
24 dates. 2 4 the time that they hired Dr. Pulia?to that he had a
2 5 Q. No, it's all right. I mean, was it -- 2 5 history of what you call a violent temper and outrageous
6 7 6 9
1 Well, let me just give a frame of 1 behavior at Tufts; is that correct?
2 reference. Dr. Pulia?to started in about July of 2001; 2 A. Um-hum.
3 do you know what year? 3 Q. And I want to Imow --
4 A. I don't. 4 MR. ESPY: Yes?
5 Q. Okay. Was it before or after the assault 5 THE WITNESS: Yes.
6 episode? 6 BY MS. MOSCOWITZ:
7 A. Before. 7 Q. Okay. First of all are you -- is your
8 Q. Okay. Was it before or after the 8 knowledge, your facts based solely upon whatever he did
9 September 2001 meeting? 9 at Tufts, or is there some other academic institution
10 A. After. 1 0 involved?
1 1 Q. Okay. And what was Dr. Pulia?to?s 1 A. I don't know which academic institutions
12 reaction to this? 12 are involved. I just know that personnel that were with
3 A. He was very upset about it. He thought 1 3 the University said this is a pattern of behavior that he
1 4 that I was doing a very poor job in handling it. He used 1 4 has had in the past.
1 5 the word several times to tell me this was F'ing 5 And I don?t -- I can't say exactly whether
1 6 unacceptable again. This is not the F'ing way we should 1 6 it was Tufts or elsewhere.
17 handle it. That his modus operandi of handling 17 Q. Okay. Have you or anyone on your behalf
1 8 situations like this was to make the person so miserable 1 8 ever talked to anybody at Tufts about Dr. Pulia?to and
1 9 they would quit. And he recommended that then nothing bc 1 9 his behavior, or anything -- any bad incidents that
2 0 done. I took the complaint that I had filed with him and 2 0 occurred while he was there?
2 I tore it up and threw it awayare you saying she was never ?red? 2 2 Q. Okay. Now, you testi?ed earlier that some
2 3 A. She was subsequently terminated later on, 2 3 unidenti?ed person told you that Dr. Pulia?don't recall the reasons why that was. But she was 2 4 someone at Tufts, or assaulted, or grabbed somebody at
2 5 2 5

 

Q. Was that based on your recommendation?

 

Tufts; if you could explain that more to me.

 

KRESSE ASSOCIATES, INC
305-371-7692

 

 

 

 

 

1 7 1 7 2
A. You know I -- it wasn't, it wasn't hitting. okaygathered that it was kind of the same type 2 But before we get into that, do you have
3 of incident that had happened with myself, that he had 3 any lmowledge, or facts, as to whether Dr. Pulia?to has
4 grabbed somebody -- 4 ever been ?red or disciplined at Tufts or any other
5 Q. Well, let's get really speci?c. 5 academic institution, or any other employer?
6 You said that it was some unidenti?ed 6 A. I do not personally.
7 person, you can't remember who told you this -- 7 Q. Okay. Criminal history, civil assault
8 A. Correct. 8 lawsuits against him, do you have any personal knowledge
9 Q. -- correct? 9 about that?
1 0 And I believe you also testi?ed you can't 1 0 A. I don't have any knowledge.
1 1 recall if that person had personal knowledge of the 1 Q. Okay. So let's go back to my question.
12 incident? 12 Okay. Who -- I lmow that you had a
1 3 A. Correct. 1 3 conversation with Dean Clarkson in December mean, other than passing on a rumor -- l4 we'll talk about that in a minute. 
1 5 A. Correct. 1 5 But putting that aside, what other people,
1 6 Q. -- is that right? 1 6 and then you can tell me speci?cally what they said,
1 7 A. Correct. 1 7 have relayed to you information that made you think that
1 8 Q. All right. Your recollection is that this 1 8 the Search Committee was aware that Dr. Pulia?to had
1 9 person, whoever it is, said what, about something 1 9 engaged in some bad incidents while at Tufts before bein
2 0 Dr. Pulia?to had done? 2 0 hired?
2 1 A. Was that he had also had the same thing 2 1 A. I had information from Scott Cousins.
2 2 occur at Tufts where he had a physical altercation witl 22 Q. Was he on the Search Committee?
2 3 an employer, or a doctor. 2 3 A. I don't know if he's on the Search Committee.
2 4 Q. Do you recall that the words "physical 2 4 Q. Okay.
2 5 altercation" were actually used by this unidenti?ed 25 A. He was part of the Faculty. These were
person? 1 openly discussed in faculty meetings is what my
2 A. I don't recall that speci?c word. But I 2 understanding was. That his, his recommendation as being .
3 know that they -- what was said was that they had -- that 3 for chairman, they were openly discussing whether they
4 he had either grabbed somebody, that yes. That they 4 should hire him in a faculty meeting.
5 indicated that it was a physical altercation, it wasn't 5 Q. Well, and the department would -- faculty
6 just verbal. 6 members would naturally discuss that.
7 Q. Okay. 7 A. Yes.
8 A. That it was beyond a verbal -- 8 Q. You're not a member of the Faculty, am I
9 Q. But you can't recall the speci?cs of what 9 correct?
1 0 that physical altercation wascannot. 1 1 Q. Yeah.
12 Q. Okay. And I assume, since you can't 12 Okay. Scott Cousins, who is a faculty
1 3 remember who told you this, that you do not know whether 1 3 member. Who else?
1 4 that information was passed onto a member of the Search 1 4 A. David Green?eld.
1 5 Committee at the time they were hiring Dr. Pulia?to? 1 5 Q. Uh-huh. Who else?
1 6 A. I do not. I do know that there were 1 6 A. David Tse, T-S-E.
1 7 several faculty that told me that during the Faculty 1 7 Q. T-S-E.
8 meeting in which they were discussing his employment, 1 8 A. Yeah.
1 9 that it was brought up, that he had a history of violent 9 Q. Okay.
2 0 behavior. 2 A. That was it.
2 1 Q. And let's talk about that for a minute. 2 1 Q. Okay.
2 2 A. Um-hum. 22 A. And then, of course, John Clarkson but
2 3 Q. I want to understand exactly the sources of 2 3 you're going to separate out that.
2 4 your knowledge that the Search Committee was aware of an}r 2 4 Q. And I understood thatprior bad incidents involving Dr. Pulia?to at Tufts,





 

A. Yeah.

 

ASSOCIATES, INC
305?371-7692

 



1 7 4

Q. -- we'll talk about that.

A. Yeah.

Q. All right. Do you know who made the ?nal
decision to hire Dr. Pulia?to, or kind of what the
process is?

A. I don't. I would assume it would be the
Dean, Dr.? Clarkson,

Q. But you don't know for sure?

A. No.

Q. Okay. And ?you.did~unIderstand of course

there's a Search Commiitee to hire him --
A. Yes.
Q. -- of course.

A-. Where'they had interviewed several.

Q. Right, indeed.

And the Chair of the search Committee, did
you know who that was?

A. I don know who that is.

Q. Arid if you don't knowwho that is, I assume 
you did not have a conversation with the Chair of. the
Search Committee abOut their ?ndings or- what they
discussed? -

-.A No, I did not.

Q. Okay. You don't know whether Scott



that, you know i-

 

176 

this -- that.they, basically,
whether they should hire him I I:
Q.- Um hum 
A. hisbehavior at Tufts. And

Q. Right.

These three faculty members independently-=7
told'you this -- I

A. Again, I don't know what was speci?cally
said from each -- .

-- or did they tell you this, or did they
tell somebody else this?

A.- No, no. They told to me speci?cally, but
can again, attribute the exact wordings to each one,
I'm sorry.

Q. AndI understood your testimony to be that.

Okay. But they are-relaying conversations
they had, or that was being held at faculty meetings,
correct?

A. Correct.

Q. So they in fact may have been relaying I
comments that were made by Other. people at the Faculty
meeting; is that correct? 

A. Correct. .

Q. Okay. In any of those conversations with

 



?You know you talked to these three
people .
A. Yes, I had spoken tothem independently.
I Q. But I'm clear what you talked to them
about?
A. Correct. know that I had been relayed
from them, that it was discusse?dopenly in the Faculty

Cousins, David Green?eld, or David -- am I going to sa1y2 5
1 7 5 i
this right-- Tse?
A. - Yes, Tse.
Q. Thank you.

Whetherany of these three people were

actually on the Search Committee -- i
A. No, I did not.
Q. is that correct?

Okay. Now, why don't we start with Scott
Cousins. If you will talk to me aboutyour conversations
with him,uabout hiring 

A. Um, it's alittle bit still fuzzy as to who
said what. Sol hate to attribute any conversation to
one person, because I don?t recall. All I know is thatl
had spoken independently --

meeting, that he had some behavioralproblems that, there
were some condems 
IQ. At Tu?s?

 

A. There were concerns with the Search

acumen-atonewith these four people then IS that it was their

177 

Dr. Cousins, Green?eld, and Tse, or Dr. Clarkson, did .
any of those people tell you that he'had assaulted, or
hit, or struck, or'been physically violent With any
employee-at Tufts, other than the one unidenti?ed
employee conversation Where you toldme about?

A. Well, these guysmay have been within that
group of unidenti?ed person. Like I Said --

Q. Fair enough.

A. -- [Idon'tfrer'nember who'speci?Cally told
me thatinfonnation.

Q. .Other than that conversation you have
already testi?ed about--

A. Uh- huh.

Q. -- are there any other comments,
conversations, or statements made by any these four
people thatthey had heard that Dr. Pulia?to had been I 
physically violent with anyone atlTufts?? 

A. 7 No, I don't believe there is other, other
than the one.

Q. Okay. The nature of these conversations

understanding that the Search. Committee had concerns 
about past behavioral problems with Dr. Pulia?to; is
that correct?

A. I don' know if it was a- Search Committee

 

 

 

ASSOCIATES 

. 

INC

305-371-7692

 

178

180 

 

 


'U'l

 

A. That violence again.

1 that had the concerns -- 1 Q. Well, that's the one unidenti?ed person --
2 Q. Okay. 2 A. Okay. We're going to leave that one off
3 A. -- but the Faculty had the concerns, and 3 then. 
4 brought them to the Search Committee. 4 Q. -- who told you, they might not have
5 Q. Okay. All right. If you could try a 5 personal knowledge, but they had heard that he had been
6 little harder maybe to be more speci?c about -- and I 6 physical with some person?
7 understand you?re having trouble differentiating what 7 A. That's the main crux of the two. Was, you
8 Dr. Cousins, Dr. Green?eld, and Dr. Tse said. But 8 know, that he was, he was abusive. verbally abusive.
9 without differentiating what they told you, can you 9 profanity. I know the person you haven?t even heard on
1 recall speci?cally what the -- the speci?c nature of 10 this list iS a, is a McCuhen-
1 the concerns. I mean, he had a bad temper? 1 Dr. McCuhen had told me one time 
12 A. Yes. The concern was -- 12 Q. Okay.
1 3 Q. Okay. I 3 A. that, you know, that's just him. You
1 4 A. -- that he had a bad temper, that, you 1 4 know, as a -- you know, he, in regard to his cursing,
1 5 know, he was abusive. 1 5 obscenities, that's his -- that's him. That's just the
1 6 Q. They'd heard that he had a bad temperYeah, I don't know if any of them had 17 Q. Do you ever use profanity?
1 8 speci?cally ever saw incidences, but, yes. 18 A. Yes.
1 9 Q. Right. Because we're talking about hiring 9 Q. In the workplace?
2 0 issues? 2 0 A. Never.
2 A. Correct. But some of them, you know, hac 2 1 Q. Never?
22 worked with him in the pastOkay. 2 3 McCuhen but you would not add Dr. McCuhen
2 4 A. So they may have seen speci?c instances -. 2 4 to the list of people who relayed through pre-hire
2 5 Q, Right, 2 5 informationyou know, like Dr. Lee, who I spoke 1 A. No, no. Again, no.
2 with, she and Dr. Greenberg were the two that basically 2 Q. Okay. Why don't we talk a little more
3 had made note of the FM club with him. So they had seen 3 speci?cally about this conversation with Dean Clarkson.
4 personally -- 4 A. Okay.
5 Q. So you would actually add Dr. Lee to this 5 Q. It's my recollection that you and Nicky
6 list? 6 Duhamel met with Dean Clarkson when he came up to the 
7 A. She wasn't -- 7 West Palm Beach clinic in December 2001; is that correct? 
8 MR. ESPY: She's talking now about the -- 8 A. Correct.
9 THE WITNESS: -- she wasn't there during the 9 Q. And Dr. Clarkson is there because he's also
1 0 Search Committee, so I wouldn't add her to that. 1 0 an ophthalmologist, and he was up there to do some work,
1 1 BY MS. JOHNSON: 1 I assume see some patients? 
12 Q. Correct. Good point. 12 A. Correct.
1 3 Dr. Lee came in sometime after Dr. Pulia?to 1 3 Q. But you need to take some time out of his
1 4 was hired. In fact, I think he brought her down from 1 4 day to discuss your concerns about Dr. Pulia?to??
1 5 Tufts -- 1 5 A. Correct.
1 6 A. Correct. 1 6 Q. Did you ?nd Dr. Clarkson receptive to you,
17 Q. -- did he not? 1 7 hostile?
1 8 Correct. 1 8 A. No, I would've said he was receptive.
9 Q. All right. So these faculty members are very kind person, but maybe
2 relaying to you that they had concerns that Dr. Pulia?to 2 that wasn't your --
2 1 had temper issues at Tu?s? 2 1 A. No, at that time he was very receptive.
2 2 A. Yes. 2 2 Q. -- your experience.
2 3 Q. Beyond the temper, bad temper issues, what 2 3 . A. You know, I, at that time, had many
24 else? 2 4 interactions with Dr. Clarkson. I did his glasses, was
2 5

 

the doctor that examined him for glasses.

 

KRESSE ASSOCIATES,

INC

305-371? 7692

 

 

 

When you left the University, I think you 1 A. -- at the time of termination.- This is the
2 were making about $89,000 in salary, does that sour 2 one that was mailed later on.
3 right? 3 Q. All right. Take a look at that.
4 A. Yes. 4 Let me just ask you a few questions however
5 Q. Do you know what the other Optometrists in 5 about Exhibit 9. Let me go back to my original
6 Miami were making? 6 question was were you paid two months pay in lieu of
7 A. No. 7 notice?
8 Q. Do you have any idea? 8 A. I don't recall exactly the amount at the
9 A. No. 9 time I was paid for, but I was paid for my -- I was
1 0 MS. JOHNSON: Would you like to see it?. 1 0 paid something for the fact that I was let go
1 1 MR. ESPY: Yeah. I'm sorry. 1 1 immediately without any noti?cation.
12 MS. JOHNSON: That's okay. You've seep 12 Q. And when you say "let go immediately," you
13 it before. 1 3 mean your last day of work was April 23r -- 
14 MR. ESPY: Oh, okay. I do recognize 14 A. Correct.
1 5 that. 5 Q. 2003?
1 6 Q. I'm showing you Exhibit 9, which is your 1 6 A. Correct. University policy is that if you
1 7 termination letter dated April 23, 2003. Do you 1 7 terminate a person and you have to give them
18 recognize that document? 1 8 noti?cation of a certain amount depending on the time .
1 9 A. Yes. 1 9 span they were there. If you don't, if they don't
2 (Thereupon, Letter, 4-23-03 was marked as 2 0 work out that, you have to pay them for that time.
2 1 Defendant's Exhibit 9 for Identi?cation.) 2 1 Q. Right. And the amount of payments depended 
22 Q. Were you given it by hand at a meeting with 2 2 on how much -- how long you had been at the
2 3 University employees? 2 3 University, is that correct?
2 4 A. Yes. 2 4 A. Yes.
2 5 Q. It wasn't mailed to you is what I'm asking. 25 Q. And I mean you're not disputing the fact
Okay. We talked a little bit about 1 that you were paid the appropriate notice period, are 
2 payment. I want to walk through that for a minute. 2 you?
3 It says in this letter you would be paid accrued 3 A. No.
4 vacation. 4 Q. Okay. Thank you.
5 Were you in fact paid your accrued vacation 5 Let me show you, I'm marking as Exhibit 10
6 in your last paycheck? 6 a letter dated April 30th, 2003 and this letter has
7 A. Yes. 7 your home address on it whereas there is no address on -
8 Q. Do you recall how much that was? 8 Exhibit 9 so I'm hoping that will refresh your
9 A. No. 9 recollection about which letter was given to you at
Q. And it says in here that pursuant to 0 the termination meeting.
1 1 University policy, you were receiving two months pay 1 1 So let me show you the two letters and you
1 2 in lieu of notice, i.e. severance. 12 tell me if that helps you recollect which letter was
1 3 Were you in fact paid two months pay? 1 3 handed to you at a meeting with University employees 
1 4 A. Sorry, can I read this real quick a second? 1 4 on April 23rd?
15 Q. Absolutely. Take your time. 1 5 A. Neither.
1 6 A. I actually don't believe I was handed this 1 6 (Thereupon, Letter, 4?30-03 was marked as
7 one. I think this was mailed to me. 1 7 Defendant's Exhibit 10 for Identi?cation.)
8 Q. Okay. 1 8 Q. Neither letter was given to you?
1 9 A. There were two different ones. This isn't 1 9 A. Correct.
2 0 my termination letter. This came afterwards. 2 0 Q. Okay. So you weren?t given any letters?
2 1 Q. There are two letters actually so let's 2 1 A. I was. The one in front of you with my
22 talk about that for a minute. 22 signature on it. The one you just picked up.
23 A. No. This is not the one that was handed to 23 Q. What do you mean one just picked up?
2 4 me 2 4 Well, look at exhibit --
25

25

 

Q. Okay.

 

A. That one there.

 

KRESSE ASSOCIATES, INC
305-371?7692

 

 

 

This letter? 1 Ensanares?
2 A. Yes. 2 A. No.
3 Q. Okay. Let's mark this. 3 Q. Gloria Lasso?
4 A. Unless I'm misreading that. I apologize if 4 A. Yes. .
5 I misread -- 5 Q. Okay. And she represented the fact she was
6 Q. No, no. Absolutely. This is very helpful. 6 from human resources?
7 Thank you very much. 7 A. She didn't say anything.
8 I?m showing you Exhibit 11, which I beliex 8 Q. Okay. How long did that meeting last?
9 is identical to Exhibit 9, am I correct? 9 A. Five, ten minutes.
1 0 A. I apologize they are. 1 0 Q. Okay. Who called the meeting?
1 (Thereupon, Letter, 4?23-03 was marked as 1 A. Yunhee Lee.
12 Defendant's Exhibit 11 for Identi?cation.) 1 2 Q. Called you to set up the meeting?
13 Q. With the exception of the fact that you are 3 A. Yes.
1 4 correct, there is a handwritten note Okay. On the phone?
1 5 page which I believe is your signatureclinic that day. She came
1 6 A. Yes. 1 6 to me in the middle of seeing patients and asked me if
1 7 Q. Is that right? 1 7 after I ?nished if I could meet with her.
1 8 A. Yes. 1 8 Q. Did she tell you why?
19 Q. So in fact Exhibit 9 and 11 are identical 1 9 A. No.
2 0 letters except that you have acknowledged receipt, I 2 0 Q. Did you suspect why?
2 I guess, of Exhibit 11? 2 1 A. I didn't at the time. But after four
22 A. I apologize. 2 2 people came to me and told me they were terminated I
2 3 Q. That's all right. 2 3 suspected why.
2 4 A. I am absolutely incorrect from before. 2 4 Q. Prior to your meeting then with Ms. Lee,
2 5 Q. Okay. 2 5 Ms. Lasso and Dr. Lee -- Ms. Rodgers, Ms. Lasso and This is the same exact letter, yes. 1 Dr. Lee, prior to that meeting you had already been
2 Q. Okay. 2 told by some others that they had also been laid off?
3 A. I saw you holding that one with my 3 A. Yes.
4 signature on it. I thought it was a different letter 4 Q. Okay. We'll talk about that in a minute.
5 completely because I didn't recall this. I guess when 5 Okay, where was the meeting held?
6 I was there I didn't read it well because of what was 6 A. It was in Dr. Lee's of?ce at the Palm
7 occurring. I just didn't remember it. 7 Beach Gardens facility.
8 Q. Let's backup a little bit. There was, in 8 Q. And tell me what was said at the meeting?
9 fact, a meeting that was held April 23rd? 9 A. I believe Dr. Lee was the only one that
1 A. Yes. 1 0 spoke. She told me that they had basically had to
1 1 Q. 2003? 1 1 make some budgetary constraints and they were sorry 
1 2 A. Yes. 1 2 that they were going to be, you lcnow, downsizing m) i
1 3 Q. Okay. And the two people whose signatures 1 3 position or letting me off. I don?t remember the
1 4 on are on these letters, Coreen Rodgers and Dr. Lee 1 4 terminology at all. I just remember that she spoke
15 they were present at this meeting? 1 5 and told me, you know, that I was being let go.
1 6 A. Yes, along with I believe a third person 1 6 Q. Did she tell you she was sorry about it?
1 7 was there. 1 7 A. Yes.
1 8 Q. Okay. Who was that? 8 Q. Did she appear to be sony about it? What
1 9 A. I don't remember her name. Human resource; 1 9 was her demeanor?
2 0 person I believe was there also. 2 A. She's a genuinely concerned personcan throw out some names which might help 2 was genuinely, you know, not happy with doing it.
2 2 you refresh your recollection. 2 2 Q. Okay. And you said Ms. Lasso didn't say
2 3 Was it Gloria Lasso? 2 3 anything?
24 A. Yes. 2 4 A. I was just thinking about that. I can't

 

Q. Okay. There you go. It was not Kelly

25

 

remember whether she did or not. Because I remember

 

25

KRESSE ASSOCIATES, INC
305-371?7692

 

 

 

that she gave me two boxes to take stuff with, so I'm 1 She would schedule patients, talk to them on the
2 sure that I spoke with her brie?y either before or 2 phones.
3 after, but I can't remember any substance of the 3 Q. Okay. And they were all laid off like you
4 conversations. 4 were on the last -- on April 23rd?
5 Q. And what about Coreen Rodgers? Did she say 5 A. Yes.
6 anything during the meeting? 6 Q. Okay. When did they come can't recall her saying anything. 7 group or individually?
8 Q. Did you ask any questions? 8 A. Individually.
9 A. No, I did not. 9 Q. Okay.
1 0 Q. Did you say anything during the meeting? 1 A. IndividuallyAnd tell me what they said to you?
1 2 Q. Nothing? Absolutely nothing? 1 2 A. Basically that they had met with Dr. Lee
1 3 A. Nothing. 1 3 and that they had been terminated.
1 4 Q. Okay. We had talked a little bit -- 4 Q. Okay. Did they say anything elseThey may have but I was seeing patients at
1 6 Q. Yes, go ahead. 1 6 the time and I was trying to, you know, continue to
1 7 A. That's to the best of my recollection. I 1 7 ?nish my day.
1 8 mean if I said anything it was very short. It was, 1 8 Q. Okay. Were you shocked by that?
1 9 you know, probably just disappointed or something. 1 9 A. I was absolutely shocked.
20 But there was no conversation. I basically asked thenl 2 0 Q. Okay. So you had no idea that there might
2 1 where they wanted me to sign and that was it. 2 1 be some sort of reorganization going on at the West
2 2 Because I had already heard this was the 2 2 Palm Beach clinic?
2 3 process that, you know, these people -- every one of 2 3 A. I knew that they were planning a
2 4 the people that had been let go had come to me one 2 4 reorganization because we were adding two consultants,
2 5 right after the next after the next to tell me that 2 5 but they had never come to me and told me that they
this is what was happening. 1 had planned on terminating any employees or that there '5
2 Q. Let's talk about that for a minute. I 2 was any intent of, you know, making changes in that
3 don't have a paper clip but may I borrow your binder 3 respect.
4 clip because I'm going to do a composite exhibit. 4 And since, you know, a lot of those
5 There were several other people you just 5 patients -- a lot of those people I was with when they -
6 alluded to who were also laid off on that day, is that 6 were hired, I was surprised that my position wasn't
7 right? 7 involved in any decision making with any of it.
8 A. Yes. 8 Q. But if the decision has been made to
9 Q. And I've got Suzanne Cohen, James Crowell 9 eliminate your position, why would you be consulted .
1 0 and Nicholas Riley? 1 0 about people who were reporting to you?
1 A. Yes. 1 1 A. Well, I wasn't. I mean afterwards in
12 Q. Was there someone else? 1 2 hindsight. But as I was the person that was still
1 3 A. Joan Crownover. 1 3 responsible for clinicals, you know, running the
1 4 Q. So four all together? 1 4 clinic, I was pretty shocked that I hadn't been
15 A. Yes. 1 5 consulted anywhere along the lines before that.
6 Q. All right. If you could tell me what those 1 6 Q. Except that if the decision had been made
1 7 four people did? 1 7 by your superiors that your position would be
1 8 A. James Crownover or excuse me Crowell and 8 eliminated, it would sort of make sense that you
1 9 Nick Riehle worked in the optical center. Suzanne 1 9 wouldn't be consulted about whether particular peopl
2 0 Cohen worked in medical records. And Joan Crownov :r 2 0 reporting to you should be --
2 1 worked, I believe at the time she was working in LASIK 2 1 A. Why not?
2 2 surgeryWhen you say "working in LASIK surgery," 2 3 I'm just asking you if you think that's
2 4 what speci?cally did she do? 2 4 reasonable?
2 5

25

 

A. She was kind of like a reception person.

\v

 

A. I think that ifI were still the clinical

 

KRESSE ASSOCIATES, INC
305-371?7692

 

 

 

 

 

2 8 2 8 2

director, which was my position until the time I was 1 Q. Okay. And since you weren't consulted

2 terminated, that I would have input in whatever 2 about these layoff decisions, I assume you don?t lmow

3 happens. And I think that being there for almost 3 why the decision was made to lay them off?

4 seven years, a lot more time than Yunhee Lee, a lot 4 A. Correct.

5 more time than Coreen Rodgers, that I had more 5 Q. And do you, in fact, know whether any of

6 experience than the entire group of people that made 6 them were replaced?

7 the decision, that they would have at least wanted 7 A. Yes.

8 some input into what our thoughts were as far as the 8 Q. Okay.

9 direction. I don't think it's unreasonable. 9 A. Suzanne Cohen was replaced immediately by
1 0 Q. Coreen Rodgers is the, at the time in April 1 somebody from the University of Miami. James Crowell
1 1 of '03, was the Assistant Chair, is that correct? Is 1 1 was rehired for a different position immediately
1 2 that her job title? 1 2 within the University.

1 3 A. I don?t know what her job title slow you down for just a second.
1 4 honest. 1 4 Suzanne Cohen was replaced by someone in Miami?
1 5 Q. You don't? 1 5 A. From medical records that had come up to
6 A. No. 6 replace her position, yes.
17 Q. Okay. You understood that she was the top 1 7 Q. Okay. And who was that?
1 8 administrator for the department, did you not? 1 8 A. I don't lmow a name.
1 9 A. Yes. But she only rarely ever came to Palm 1 9 Q. Okay. And go ahead.
2 0 Beach. She had nothing -- she never oversaw any daily 2 0 A. James Crowell was immediately rehired for a
2 1 operations of Palm Beach whatsoeverdifferent position.
2 2 almost IOO percent exclusively in Miami. She would 2 2 Q. What was the different position?
2 3 come up maybe once a month at the most. 2 3 A. He was hired to do, I want to call it
24 Q. Are you questioning her competence? 2 4 ancillary testing. Basically he worked within the
2 5 A. No. I'm saying that she on a daily basis 2 5 photography departmentwasn't running the facility. The facility was managed 1 Joan Crownover was offered a position

2 locally. 2 immediately at the front desk.

3 Q. Yes, but Coreen Rodgers had ultimate 3 Q. Which she took?

4 administrative responsibility for the facility, did 4 A. I believe she subsequently declined it.

5 she not? 5 Q. Okay. Do you have any information though

6 A. I don't know. 6 that those positions that they had, for example, an

7 Q. Yeah. 7 optical services, whereas the LASIK surgery

8 A. You sure? 8 receptionist were in fact, those positions were ?lled

9 Q. You obviously aren't sure so that's what 9 by other people? You're just saying they were offered
1 0 I'm trying to ?gure out. 1 0 different jobs?

1 1 A. Well, you're responding that's why I'm 1 1 A. They basically yes, they hired them back to
1 2 saying. You know if you're sure she does. I don't 1 2 different positions.

1 3 know -- 1 3 Q. Okay. What about Nick Riehle?

1 4 MR. ESPY: She's not here to answer 1 4 A. Nick Riehle, I don't believe he was offered
1 5 questions though, Mark. 1 5 anything to the best of my knowledge.

1 6 THE WITNESS: No, but she answered 1 6 Q. And none of those four people ?led

17 that. That's why. 1 7 lawsuits as a result of their layoffs?

18 MR. ESPY: Okay. 1 8 A. I do not know.

1 9 Q. Of those four other people who were laid 1 9 Q. Have you ever talked to Dr. Pulia?to about
2 0 off, had any of them been assaulted or had their 2 0 your layoff or the reasons why?

2 1 lapels grabbed by Dr. Pulia?to? 2 1 A. Never.

22 A. No. 22 Q. Okay. After you were advised them ?led complaints or 23 that meeting on April 23rd about your layoff, did you
2 4 grievances against Dr. Pulia?to? 24 contact anybody at the University to inquire about the

25

 

A. Not to my knowledge.

25

 

reason for the layoff?

 

KRESSE ASSOCIATES, INC
305-371-7692

 

 

 

stop you right there. Did you
2 Q. Do you know whether the West Palm Beach 2 ?nd anything on the web site with respect to
3 clinic currently has a clinical director, which I 3 positions for which you were quali?ed?
4 believe you said was your title when you leftnot know. 5 Q. Okay. Did you ever contact any of the
6 Q. And do you know who has assumed the 6 optometrists down in Miami to ?nd out if there were
7 administrative responsibilities that you had? 7 any openings there?
8 A. They have been spread out, my understanding 8 A. In Miami itself?
9 is over multiple people. 9 Q. Yeah.
1 0 Q. And whose told you that? 0 A. I spoke with a Mark Dunbar. I don't think
1 1 . A. Craig Skolnick, who is a doctor there, 1 1 I asked speci?cally, you know, if they had an opening
1 2 Marsha Mulholland, who is considered the lead 1 2 in Miami. But I think that he is the one that gave me
1 3 technician there. Many of the other technicians that 1 3 the name for Alejandro Espaillat. So he would have
1 4 still work there every once in a while we've met and 1 4 told me if they had an opening.
1 5 you know, gone out after work. - 1 5 Q. Okay.
1 6 Q. And they have advised you that the 1 6 A. I was on very good terms with all the
1 7 different administrative functions that you had have 17 optometrists down there, so they would have called me
1 8 been spread out to different people, is that correct? 1 8 if there had been something available. 
19 A. Correct. 1 9 Q. But you didn't speci?cally call one of
2 Q. After you had this meeting with Dr. Lee, 20 them to see if there was an opening in Miami?
2 1 what did you do? I mean that day. 2 1 A. I can't recall, speci?cally calling him
2 2 A. That day? 2 2 for that reason, no.
2 3 Q. Did you pack up your stuff and leave? Did 2 3 Q. Exhibit 14 looks like a E-mail you sent on
2 4 you ?nish your day? What did you do? 2 4 May 12, 2003 to Gloria Lasso, who we discussed was the 
2 5 A. This was probably 6:00. 2 5 HR liaison to the department. If you could kind I'm assuming you left? 1 tell me what you were talking to her abOut there?
2 A. Yes. Gloria had two boxes there. I packed 2 A. This is basically in regard personal belongings that I could take at that 3 form here.
4 point and I left. They made arrangements for me to 4 Q. Excuse me a second. I have mismarked this
5 come back on the weekend to get the rest of my stuff. 5 and I am now going to mark it Exhibit 12. My
6 Q. Okay. And then a couple of days later, am 6 apologies. Let me clarify the record, excuse me.
7 I correct then you received in the mail what's been 7 A. Go ahead.
8 marked as Exhibit 10? 8 Q. My mistake. I marked as Exhibit 12, 
9 A. Yes. 9 remarked, an E-mail from Dr. Brockman to Gloria Lassc 
0 Q. Okay. Now you understood from these 1 0 dated May 12, 2003. Go ahead.
1 1 letters that you were eligible for rehire as a result 1 A. This was in response to the April 30th
12 of the layoff? 12 letter that I received that it said you're eligible
13 A. Yes. 13 for rehiring to positions for which you qualify
through training and education.
1 5 A. And I did contact the University basically. 1 5 University also has a policy whereby if a
1 6 Q. Yes, I was going to ask you that and I have 1 6 position comes up within a year they will notify you
17 some E-mails I'll show you. Tell me about those 1 7 of that position, and I could be rehired within a
8 contacts. 1 8 year. So this was basically to see how to get my name .
1 9 A. I can't recall who I contacted. They had 1 9 onto the list so that it was automatically they would
2 0 some name on something that I received that said 2 0 send me the information instead of myself having to
2 1 contact this person and I did. 2 1 continually look for if a job opened.
2 2 Q. Uh?huh. 2 2 (Thereupon, E-mail, 5-12-03 was marked as
2 3 A. I had also had gone on the web periodically 2 3 Defendant's Exhibit 12 for Identi?cation.)
2 4 to look to see if there were any job openings or 2 4 Q. But they explained to you that you have to
apply for open positions, is that right?


U1

anything else I quali?ed for.

 

25

 

 

KRESSE ASSOCIATES, INC
305-371-7692

 

 

 

3 0 4 3 0 6
for just a second. We had talked in your ?rst 1 and it's from Ilene Knopping. Show it to your
2 deposition about the fact that human resources needs 2 attorney ?rst and then I'll show it to you.
3 to approve hires and terminations. That is your 3 When was the ?rst time you saw that memo?
4 understanding isn't it? 4 A. I don't recall a date. This was -- I did
5 A. Yes. 5 not see this until the State investigation, which was
6 Q. And apart from human resources approving 6 conducted afterl was terminated.
7 all terminations, do you to this day know who made th 7 (Thereupon, Memo, 4-11-03 was marked as
8 ultimate decision to lay you and the other four people 8 Defendant's Exhibit 15 for Identi?cation.)
9 off? 9 Q. All right. So we can clarify the time
1 A. No. I think the decisions were made 1 0 period. This memorandum, Exhibit 15, was not shared
1 1 differentially for mine versus the other four though. 1 1 with you prior to your termination?
12 Q. Because of the position that you had? 1 2 A. Correct.
1 3 A. Yes. And because it was never mentioned at 3 Q. Okay. So you saw it about a year later in
1 4 any of the consultant reports preceding that as far as 4 connection with the charge you ?led of retaliation
1 5 any recommendations regarding my position. 1 5 with the State agency, is that correct?
1 6 MR. ESPY: Can we take a short break? 1 6 A. Correct.
17 MS. JOHNSON: We may. Thank you. Th 1 7 Q. All right. Did you read it when you -- I
1 8 is a good time to do that. 8 mean you've read this before, have you not?
1 9 THE VIDEOGRAPHER: We're going to go 1 9 A. Yes.
20 off the record at 11:27 on November 17th, 2006. 20 Q. Okay. And if I could direct your attention
2 1 We are now off the record. 2 to page 3 under the heading "Staf?ng" the fourth
2 2 (Recess in Proceedings.) 22 paragraph down, if you could read that paragraph into 5
2 3 We're back on the record with the 2 3 the record?
2 4 continuation of the deposition of Dr. Mare 24 A. I'm sorry, where do you want me to start?
2 5 Brockman taken by Elizabeth Johnson in the 2 5 Q. You?re on page 3?
3 5 3 0 7
matter of Dr. Marc Brocman, plaintiff, versus 1 A. Yes.
2 University of Miami and Dr. Carmen Pulia?to, 2 Q. Under "Staf?ng."
3 defendants. We're back on the record. 3 A. So starting from the beginning?
4 Q. Doctor Brockman, you testi?ed you were not 4 Q. Of the fourth paragraph under "Staf?ng"
5 aware of what the budget de?cit was at the West Palm 5 which starts, major staf?ng inef?ciency."
6 Beach clinic in the Summer of 2002. Were you aware 6 A. Sure. major staf?ng inef?ciency is
7 prior years de?cits? 7 how the practice is using optometrist Marc Brockman as
8 A. I was aware that there were de?cits. It 8 a technician and clinical manager. More than half of
9 was never discussed any numbers or anything regarding 9 his time is spent serving as a technician and on
1 0 them. 1 0 issues not related to patient care, functions that can
1 1 Q. And I assume you would agree with me that 1 1 be more appropriately done by others at lower cost to
1 2 the chair of the Department of Ophthalmology bears 1 2 the practice. Currently the optometric patient volume
1 3 ultimate responsibility for making sure his department 1 3 does not require a full-time optometrist."
4 doesn't run as a de?cit? 1 4 Q. Can you st0p right there. Let me just ask
1 5 A. Correct. 15 you this question. I think you testi?ed in the last
1 6 Q. I mean that would be important to the dean 1 6 deposition that you probably spent 50 percent of your
1 7 of the medical school, don't you think? 1 7 day on administrative-type duties, is that correct?
1 8 A. Yes. 1 8 A. I'd say probably 40 percent but -- yeah
1 9 Q. Particularly when the medical school is 1 9 40 percent. It was two and a half days at minimum of
20 having its own ?nancial issues generally, would you 20 clinic with emergencies on the other days too. So
2 1 agree with me? 2 1 about 40/60.
2 2 A. Yes. 2 2 Q. I'm sorry. Your estimate is that
2 3 Q. Now I've marked as Exhibit 15 a memo from 2 3 60 percent of the time you were seeing paying
2 4 Pointed Communications. It's dated Friday, April I l, 2 4 patients?


U1

2003. It's addressed to Yunhee Lee and Coreen Rodger

 

25

 

A. It's in that 50 to 60 range. You know

 

KRESSE ASSOCIATES, INC
305-371-7692

 

 

 

 

 

 

308 310 
1 again I don?t know the exact, you know, amount but 1 was?
2 yes. It varied depending upon whether we had 2 A. The purpose originally was for her to take
3 emergencies and if I had to do other staf?ng stuff. 3 a look at the of?ces, to make suggestions on
4 Q. Okay. So it is correct that approximately 4 increasing ef?ciency.
5 half, sometimes 60 percent of your time, was devoted 5 Q. And you know this why?
6 to paying patients, is that correct? 6 A. Because that's what we were basically
7 A. Correct. 7 looking at the time. That's what I was told. I just
8 Q. And so when she says in the next paragraph 8 remember, you know, that she was looking at ways that .
9 "On most days, Dr. Broclcman's patient schedule is not 9 we could facilitate patient care through the facility, 
1 0 at or near capacity," that is a correct statement? 1 0 make patient interaction better at the front desk
1 1 A. I don't know what she's de?ning as 1 1 of?ce, make the phones more ef?cient, you know, just
1 2 capacity. 1 2 kind of streamline what we do.
1 3 Q. Well, I'm assuming what she means is you 1 3 Q. And hopefully address that de?cit?
4 could be seeing patients every minute of your work 1 4 A. No. It wasn't addressed in that ?rst
1 5 day. Wouldn't that be a reasonable assumption? 1 5 meeting.
1 6 A. If that's what we're de?ning as capacity. 1 6 Q. Well, how do you know that?
7 Q. Okay. So you weren't, obviously, seeing 17 A. Because she gave us a report.
1 8 paying patients every minute of your work day? 1 8 Q. But you don't know that Dr. Pulia?to
1 9 A. On the patient days I would see -- I was 1 9 didn't sit Ms. Knopping down and say, "I'm concemei
2 scheduled, you know, patients but I can't say that I 2 0 about the de?cit, look at it," do you? 
2 was scheduled a full eight hours. I don't think any 2 1 A. I don't know that that was ever said.
22 doctor would schedule eight hours. There was a time 2 2 Q. You have no idea what her --
23 when they had lunch and there was time when they 2 3 A. But it was not presented in her report from
2 4 basically stopped towards the end ofthe day. 2 4 her visit.
2 5 Q. But Dr. Brockman you just testi?ed that 2 5 Q. But I'm asking you, do you have any
3 9 3 1 1
1 you spent 50 40 to 50 percent of your time on 1 personal knowledge as to what her mission was or what
2 administrative duties not seeing paying patients, is 2 her project was that she was given by Dr. Pulia?to?
3 that correct? 3 A. In her statement on her report she was
4 A. Yes, yes. 4 there to ef?ciency. Was she told something other
5 Q. All right. When is the ?rst time you met 5 than that? I do not know.
6 Ms. Knopping? I don't mean the date. Just 6 Q. Because you've already told us you didn't
7 approximate time period. 7 even know that the clinic was operating at this
8 A. 2002 when she ?rst presented as a 8 enormous de?cit in 2002, is that correct?
9 consultant. 9 A. Correct. .
1 0 Q. Okay. She come introduce herself to you? 1 0 Q. And there is nothing wrong with
1 1 A. I'm sure she did. I don't recall the exact 1 1 Dr. Pulia?to hiring a outside consultant to look at
1 2 meeting. 1 2 ef?ciency issues like that, is there?
1 3 Q. I mean did she explain to you she had been 1 3 A. Nothing wrong at all.
1 4 hired as a consultant or somebody else explained to 4 Q. Okay. And certainly nothing wrong with
1 5 you that that was happening? 1 5 Dr. Pulia?to hiring an outside consultant in the face
1 6 A. I suspect that it was probably explained to 6 of serious budget de?cits to give him some
1 7 me that they were bringing in a consultant and then 1 7 recommendations about what to do?
1 8 she just showed up one day. 1 8 MR. ESPY: Object to the
9 Q. Was it your understanding that Dr. 1 9 characterization. You can answer.
2 0 Pulia?to had retained her? 2 0 Q. Is there anything wrong with Dr. Pulia?to
2 1 A. I don't know that I ever knew at the 2 1 doing that?
22 beginning. I'm sorry, I don't lmow. I just know that 22 A. No.
2 3 we hired a consultant. 2 3 Q. Okay. Had you met Ilene Knopping before
2 4 Q. And what did you understand or did somebody 2 4 2002 or know anything about her background?




explain to you what the purpose of her being retained

 

25

 

A. No.

 

KRESSE ASSOCIATES, INC

305?37 1?7 692

 

commune-wasp




320

why -- I assume what you're saying is you think that's
incorrect?

A. No. It was never looked at. As far as I
know when we spoke, we had a deposition with Yuhne
Lee. Yuhnee Lee was unaware of any analysis ever of
my collection versus my pay. There was never
presented by Ilene Knopping or Coreen Rodgers ever a
analysis stating that I was losing money to the
University.

Q. But you don?t know for a fact whether
Coreen Rodgers did that analysis?

A. I would have thought that Yuhnee Lee would
have told us during the deposition that she hadn't
received something since she was the person that was
in charge of my termination for that particular
reason. Coreen would have presented, you know, Yuhr
with that information if she had indeed even looked at
that information.

Q. But do you know for a fact whether Coreen
Rodgers ever looked at that analysis?

A. I do not know for a fact. I have never
received any information that she has though. There
has never been any reports ever filed anywhere that

(U






mwaHoto

IeelG

322

You mean the technicians?

Uh-huh.

I knew approximately.

Did you know what the optical manager was
making?

A. I believe I knew at one point before he was
hired, 42,000. And he got pay increases, he probably
was somewhere in the 45 to 50,000 range.

Q. Who is Charles Pappas?

A. He is an optometrist at the University of
Miami in Miami. I don't know what his actual title
is. He has changed positions several times.

Q. He came to visit the Palm Beach clinic in
April of '03 before you were laid off, is that
correct?

A. Yes.

Q. And did he meet with you as part of that
visit?

A. Yes. I took time off basically to take him
around the clinic, to show him areas that I thought
were areas of concern, discuss with him basically
recommendations that I had for things that we should
be improving upon.

p>p?

 

 

2 4 I've been privy to. 2 4 Q. What were things that you thought he was
2 5 Q. So you don?t know whether it was done or 2 5 concerned aboutnot? 1 A. Basically part of the things he was looking
2 A. Again, there has never been anything 2 at was the technician ef?ciency, was how quickly we
3 brought by the University in any of this that says it 3 were getting patients in and out, how many patients
4 has been. And I thought it would have been presented 4 each doctor could see as a result of the technician
5 to the State as proof of their justi?cation for 5 ef?ciency. So, you know, how much volume of patients 
6 termination when the State did a full investigation. 6 that we could provide through the clinic facilities,
7 Q. But you don't know for a fact whether it 7 utilization of the rooms and technicians.
8 was ever done? 8 Q. Did he ask you about your patient volume?
9 A. I don't believe it ever was. 9 Was that one of the things he was asking you about?
1 Q. But you don't know one way or anothernot. 1 1 Q. Do you know whether he examined that part of his review?
1 3 A. I believe withholding that information 13 A. I do not.
1 4 though from the State would have been a misguided, 4 Q. Did he tell you who had asked him to go up
1 5 they had it. 1 5 and look at the -- analyze the optometrist utilization
6 Q. Am I correct, apart from the faculty 1 6 up at the West Palm Beach clinic?
17 members, you were the highest paid individual at the 17 A. He didn't say that he was there for that
1 8 West Palm Beach clinic? 1 8 reason.
1 9 A. Yestold you what the purpose
2 0 Q. And in fact do you know what the other -- 2 of his visit was?
2 1 I mean I assume you know what your reports were 2 1 A. No.
22 making? 2 2 Q. Okay. I marked as Exhibit 16, it's a
2 3 A. What I was making? 2 3 couple of E?mails with an attachment. The ?rst
2 4 Q. No. What the people who reported to you 2 4 E-mail is dated April 7, 2003 to Coreen Rodgers from
2 5 2 5

 

were making?

 

Vianca Gause on behalf of Charles Pappas.

 

KRESSE ASSOCIATES, INC

305-371-7692

 

 

 

for patients? 1 Q. Covering up what?
2 A. -- had administrative duties, correct. I 2 A. That's what I'm saying. If they had it, it
3 only was booked to see patients two and a half days. 3 would have been presented.
4 That's all I had scheduled to see patients. The other 4 Q. You don't know for a fact whether Coreen
5 time was scheduled for administrative duties. 5 Rodgers, who is in charge of the ?nances and the
6 Q. Uh-huh. And was that under your 6 budget, ever did an analysis to either Ilene
7 instruction? 7 Knopping --
8 A. No. That's basically I started at a 8 A. The Stat --
9 hundred percent administrative and I had worked up in 9 Q. or anybody -- I'm asking you a question.
1 0 that much that far. 1 A. Go ahead.
1 1 Q. Now who well, whose booking the patients 1 1 Q. Do you have any facts that Coreen Rodgers
1 2 for you? Some receptionist or scheduler? 2 never did an analysis of whether what your collections
1 3 A. Yes. 1 3 were, what your billings were and what your ?nanciai
4 Q. Okay. Are you instructing the scheduler 4 contribution was to the clinic?
1 5 I'm only to see patients two and a half days a week? 1 5 A. I do not. But all of that information was
1 6 A. There is nobody that instructs them. 1 6 requested. If that was not provided, again, then I
7 Basically that's a decision made between myself and 7 want to know where it is. Why would they not provide
1 8 the medical director as to how much we can try to 8 that information as justi?cation for what was done?
1 9 balance the duties I was doing. 1 9 There is no reason why if it was done why it would not i
2 I had started off with zero clinical duties 2 0 be provided to the State. So I have to conclude it
2 1 when I ?rst started at Bascom Palmer was never done since they never provided anything tc 
2 2 no patients on my own. I was basically running the 22 the State.
2 3 full facility, assisting the technicians, working on 2 3 Q. Okay. What are your other reasons to link
2 4 patients for other doctors. I was the ?rst 2 4 your complaints about the assault in April of '02 to
2 5 Optometrist to start billing within the University of 2 5 your layoff a year laterMiami for patient care. 1 A. Police -- basically my police -- I ?led my 
2 Q. But you're saying that at least you, 2 police report with the Gardens Police Department jus i
3 together with Dr. Grimmett I guess, were instructing 3 three weeks prior to being laid off.
4 the scheduler that you were only to see patients two 4 Q. Yes and you testi?ed earlier that you did
5 and a half days a week? 5 that in the hopes of keeping your job as I recall?
6 A. Yeah. We set the schedule for all doctors. 6 A. No, I hoped basically that that was being
7 Q. Okay. Continue with your list of reasons 7 done, No. is so that I could get resolution to this
8 why you think the April '02 assault is related to your 8 and as secondary basically to say, "Hey listen, you
9 layoff? 9 know, you guys I have this investigation going on that
10 A. Again, I'm saying respect. You know, good 1 0 there maybe some measure of protection to my position
1 1 employee. Productivity was up from the year before. 1 1 by doing so too." 
12 I was looking to expand even more. Like I said 1 2 Q. Do you have any facts that Dr. Puliafito
3 previously there was never, ever in this reason of 1 3 was aware of the fact that you had ?led a police
1 4 budgetary constraints any analysis ever performed. 1 4 report?
1 5 Whether or not I was making the University money, how 1 5 A. I believe he was contacted by the police
1 6 much money, you lcnow, was coming in versus going out. 1 6 of?cer. I don't know when. At least they told me
17 Q. You don't lcnow that for a fact? 1 7 they would be contacting him directly.
18 A. The State did a thorough investigation. If 1 8 Q. They would be or they had?
1 9 the University had had that information, I would be 1 9 A. Well, at the time it was ?led they would
2 absolutely con?dent they would have provided that 2 0 be.
2 1 information to the State at some point. Because that 2 1 Q. Okay. So you don't have any facts that
22 was their justi?cation for letting me go. If they 22 they, in fact, ever contacted him?
2 3 didn't provide that information to the State and I 2 3 A. I never spoke to Dr. Pulia?to regarding
2 4 didn't see any of it ever, then they are covering something.

 

Q. No, not to Dr. Pulia?to, to the Palm Beach

 

KRESSE ASSOCIATES, INC
305-371-7692

 

 

 

know, it's unreasonable to say that if there are 1 Q. How 
2 things going on that they are investigating, you know. 2 A. -- either one of those.
3 Now if they want to come back to me later 3 Q. How do you know that the West Palm Beach
4 on and say, "Do you wish to ?le a grievance," such as 4 clinic is discussing hiring another optometrist?
5 I did and open myself up, then I guess that's a 5 A. Hearsay.
6 different story. 6 Q. Well, it isn't hearsay. Obviously someone
7 Q. Which you did. 7 is telling you that. Is that Dr. Skolnick?
8 A. But I was assured by Myron or even when I 8 A. Don't know. I
9 ?led that, Dr. Rosenthal, that they could take that 9 Q. You don't know?
1 0 grievance in the context of other stuff and they 1 0 A. I don't recall who would be --
1 I basically could protect us. That was said from the 1 1 Q. You do recall. I can tell Dr. Brockman you
12 beginning. 1 2 know damn well who told you that.
13 If he told me at the beginning that there 1 3 MR. ESPY: That's argumentative. He
14 was absolutely no way they could assure us, they had 1 4 said he didn't.
15 to use my name, I probably would have thought twice 1 5 MS. JOHNSON: No, he obviously does
1 6 about actually doing anything. 1 6 recall. And I want to know if people --
1 7 Q. Well, let's follow up on that. Would you 1 7 MR. ESPY: You can't abuse him.
1 8 have made the same complaints if you had been told 1 8 MS. JOHNSON: I can ask him this
1 9 that those complaints and the identity of what the 1 9 question.
2 0 source of those complaints would have been shared with 2 Q. Is Dr. Skolnick, either through his wife,
2 1 Dr. Pulia?to? 2 1 Ms. Duhamel or through him directly, is he telling you
22 A. I don't know. I would have thought a long 22 information about business decisions that are being
2 3 and hard about it, because I would have realized that 23 made at West Palm Beach clinic?
24 you know, that my job would have been hanging at that 24 A. I would say no.
25 point. 2 5 Q. You would say no. I don't know what kind
Your job would have been hanging? 1 of answer that is.
2 A. Yes. I had no doubt that Dr. Pulia?to is 2 A. Because I don't know what, you know, is a
3 very much a retaliatory type of person. That if he 3 business decision that they make internally versus
4 had found out, he would have ?red me. He would have 4 idle chatter in the hallways.
5 found a reason to ?re me. 5 Q. Did Dr. Skolnick call you and have a
6 Q. And all of this budgetary issue is bull? 6 conversation with you? Did he tell you that the
7 A. I think it comes as a convenient excuse. 7 clinic was considering hiring an optometrist?
8 Q. You think there is nothing think it's a convenient excuse. 9 Q. Who told you that?
0 Q. I'm asking you do you think there are any 1 0 A. Not that they are concerned that they
1 1 facts that support the budgetary and ?nancial reasons 1 1 need --
12 why your position was eliminated? 12 Q. Somebody told you this information. Who 
1 3 A. My speci?c oneEven though you haven't been replaced. 1 4 A. That they need an optometrist.
1 5 There is no clinical director now at the West Palm 1 5 Q. Who told you that information?
1 6 Beach clinic, correct? 1 6 A. That would be probably Dr. Skolnick.
17 A. I'm very aware of that. But it's not that 1 7 Q. Aha.
8 it hasn?t been recommended that they hire an 1 8 A. But that's different than that they are
1 9 optometn'st. It?s been discussed openly. 1 9 thinking of hiring an optometrist. They have sent me 
2 Q. Hiring an optometrist is different than 2 0 patients, I've been sent patients by Dr. Green?eld,
2 1 having an administrative director that spends 2 1 by Dr. Grimmett and by Dr. Skolnick, because they
2 2 50 percent of their time doing administrative work, 2 2 don't have an optometrist. They have referred
2 3 no? - 2 3 patients to me.
2 4 A. Not very different than the two 2 4 Q. That's great. Aren't you grateful?
2 5 2 5 A. I'm asking them, "Why are you referring

optometrists doing it down in Miami. They didn't --

 

 

 

KRESSE ASSOCIATES 

INC

305-371-7692

 

 

 

3 9 6 3 9 8
afterwards, I went right up to my supervisors and Clarkson?
2 said, "These things are occurring. This is wrong." 2 A. Correct.
3 Q. Did you and Nicky Duhamel go to Bible 3 Q. And that happened, we'll con?rm it in a
4 studies together? 4 minute, but in the Summer of 2002?
5 A. No. 5 A. Correct.
6 Q. Were you part of any religious groups? 6 Q. And then at some point thereafter obviously
7 A. She and I together? 7 you ?led a more formal complaint with the o?ice of
8 Q. Uh-huh. 8 faculty affairs with Dr. Rosenthal, is that right?
9 A. No. 9 A. Correct. He advised me to take it up with
0 Q. Seperately that you're aware of that she 0 either one of the other. He said -- he had mentioned
1 1 was involved in any kind of Bible studies? 1 1 both names. He had mentioned -- Dr. Clarkson had
1 2 A. Oh, I don't have a clue what her 1 2 mentioned the EEOC, which was Ms. Black and Hines
3 af?liation is religiously. 1 3 Q. You don't really mean the EEOC. You mean
1 4 Q. When was the ?rst time you reported the 1 4 the Of?ce of Equality Administration. I'm correcting
5 incident on April 4th, 2002 to someone in human 1 5 you only because the EEOC is a governmental agency 
1 6 resources? 1 6 A. Okay.
I 7 A. In human resources? Human resources would 1 7 Q. -- and you don't mean that.
1 8 probably be either June or July. 1 8 You do mean the University --
9 Q. Of 2002? 1 9 A. I mean whatever the University's?
2 0 A. Yes. Because preceding human resources I 20 Q. internal EEO if you will of?ce?
2 1 had spoken to my two supervisors, to Dr. Clarkson and 2 1 A. Yes.
22 to the EEOC and to Sally Phillips at human -- at 22 Q. Is that what you meanYes, yes.
2 4 Q. Well, you're not reporting it to EAP. I 2 4 Q. Okay.
2 5 mean she doesn't have any supervisory role over the 2 5 A. So he had mentioned both of thosechair. 1 Q. Dean Clarkson?
2 A. No, no. None of those people. 2 A. Dr. Clarkson had mentioned this.
3 Q. She's a 3 Q. That's okay.
4 A. Not a single one of those patient people 4 A. And Wilhemmena Black and Hines and Myron
5 other than the chairman had supervisory role over 5 Rosenthal. And since I had previous experience with
6 the -- 6 Ms. Black and Hines, that's who I went to ?rst.
7 Q. Well, except for Dean Clarkson? 7 Q. And when you say "previous experience," of
8 A. Yeah, he was the only one. 8 course, you mean the February '02 meeting where they .
9 Q. All right. Well, let's talk about that for 9 were at least investigating the EEOC charge by that
1 a minute. 1 0 other employee in addition to asking you questions
1 1 When did you tell Dean Clarkson about the 1 1 about the Chair's inappropriate behavior?
1 2 incident that occurred April 4th, 2002? 1 2 A. Correct.
13 A. I don't recall a meeting date. I want to 1 3 Q- Now I'm going to mark as Exhibit 27 a
1 4 say June, but I'm not positive. 1 4 meeting report dated July 18th, 2002. It says,
15 Q. Okay. 1 5 "Present: John Clarkson, Nicky Duhamel and Marc
1 6 A. I know that there is a -- one of these 1 6 Brockman."
1 7 incident reports outlining -- 1 7 Is Exhibit 27 something you prepared?
1 8 Q. Okay. 1 8 A. Yes.
1 9 A. -- this has that on it also. 1 9 (Thereupon, Meeting Report was marked
20 Q. All right. Well, I tell you what. I have 20 as Defendant's Exhibit 27 for Identi?cation.)
2 1 one from July which I'll give you in a minute, and you 2 1 Q. Okay. And you prepared it on that day or
22 can tell me whether that's the meeting you recall. 2 2 shortly thereafter?
23 But let me just go through the sequence ?rst. 2 3 A. Yes.
2 4 The ?rst person you reported Did Ms. Duhamel have any input in this
memo?

- 


 

supervisory responsibility over Dr. Pulia?to was Dean

25

 

 

KRESSE ASSOCIATES, INC

305?371?7692

 

 

 

 

You told me it was sometime in the Summer .
2 Q. Now it says you met with Dr. Clarkson. Had 2 of 2002?
3 you scheduled a meeting with him or was he just coming 3 A. Yes.
4 up to West Palm Beach clinic to see patients and you 4 Q. Now I don't see a reference in this memo
5 asked to speak to him? 5 dated July 18th, 2002 to the grabbing episode. So my 
6 A. I don't recall a hundred percent. I want 6 question is do you recall when you told the Dean about
7 to say that No. 1 it was in West Palm. So he was 7 the grabbing episode that had occurred in April?
8 absolutely coming up to see patients. But I don't 8 A. I do not. I thought about that also and I
9 think that this was pre -- I believe that I asked for 9 wasn't sure whether or not I speci?cally told him on
1 the meeting when he was there. 1 0 this incident that I had been assaulted.?
1 1 Q. Okay. So he wasn't prepared for this. It 1 1 Q. Are you sure you told Dean Clarkson about
12 wasn't on his schedule, none of that, is that correct? 1 2 it or was the ?rst time that you reported it to
13 A. No. I knew that he was coming up so I 1 3 somebody either higher level or in a position at HR
1 4 waited to speak with him when he came up because I 1 4 about it, was that when you ?led your formal
1 5 considered at least that, you know, again we had 15 grievance?
1 6 spoken in con?dence once before. I considered that, 1 6 A. You know like I said, I was thinking about
17 you know, that we could speak with him in con?dence 1 7 that afterwards because I was trying to recall that
1 8 and he could advise me what to do on this matter. 1 8 meeting with him and I'm not certain. I'm not certain 
1 9 Q. Okay. It looks like part of the 1 9 that I speci?cally outlined that because I was very 
20 discussion -- well in the middle of your memo you say, 2 0 embarrassed at the time to even be bringing it up to
2 1 "In response to our concerns, Dr. Clarkson suggested 2 1 him.
22 we sit down in his of?ce." 22 Q. Because you're quite speci?c about issues
2 3 Does that mean the ?rst part of the 2 3 that you brought up at this July 18th meeting, would
2 4 conversation is happening in the hall? 2 4 you agree?
2 5 A. I don't recall. You know it kind of 25 A. Yesimplies that but I don't exactly recall. There was a 1 Q. Okay. And you have not included in here
2 break room and right adjacent to the break room was a 2 anything about the incident in April, correct?
3 conference room. And I'm assuming that's what we had 3 A. I know that it was discussed --
4 met in, but I don't recall the nature of where we had 4 Q. No, no, sorry. Let me ?nish.
5 the meeting. 5 There is nothing in this memo about the
6 Q. How long did the meeting last? 6 April incident, correct?
7 A. Just a guess again, 20 minutes. 7 A. In the memo, no.
8 MR. ESPY: Could we go off just a 8 Q. Okay. Is it possible that the ?rst
9 second please? 9 time --
10 THE VIDEOGRAPHER: We're going to gt 1 0 A. I'm sorry can I just --
1 1 off the record. The time is now 2:26 pm. One 1 1 Q. You may.
1 2 second please. 12 A. -- take one look at it again just to make
1 3 (Recess in Proceedings.) 1 3 sure --
1 4 We're back on the record at 2:27 pm. 14 Q. Of course. Oh no, no. Absolutely.
1 5 on November 17th, 2006. 5 A. I kind of am sorry I answered before I
1 6 Q. Dr. Brockman, does this memo dated July 18 1 6 actually went through the whole thing.
17 2002, does it refresh your recollection about the 1 7 Q. Absolutely. Please go ahead and read it.
1 8 ?rst time you told Dean Clarkson about the April 1 8 A. Okay, I'm sorry. Go ahead and ask your
1 9 episode? 1 9 question again.
2 0 A. I'm sorry. Can you restate it again? 2 0 Q. I'm stating the obvious. You haven't
2 1 Q. Okay. I'll back up, which I'm happy to do. 2 mentioned the assault in this memo?
2 2 You told me that the ?rst person you told 22 A. Correct.
2 3 in position of supervisory responsibility to Carmen 2 3 Q. So you can not recall whether you mentioned
2 4 Pulia?to was the Dean? 2 4 it at this July 18th meeting, correct?
2 5

25

 

A. Yes.

 

A. I can't but to be in frank honesty, the

 

KRESSE ASSOCIATES, INC
305-371?7692

 

 

 

best I can recall is that I didn't speci?cally state 1 the decision he wants. But again, you know, we can 
2 assault in there because I know that like I said I was 2 also express our concerns over the direction in which 1
3 very embarrassed at the time. I know I alluded to the 3 the department is going. I think it's appropriate for
4 fact that there was still a pattern of behavior 4 administrative people to question whether or not we 
5 occurring and it had escalated, because I remember 5 are on the right track and whether or not we can
6 saying escalated to him. 6 contribute to the direction it's goingyou recall speci?cally 7 Q. But ultimately it's not your decision to
8 telling the Dean in July 18 of 2002 that Dr. Carmen 8 make?
9 Pulia?to grabbed you by the lapels and li?ed you tp 9 A. It's not my decision, no. But that's what
1 in his face and screamed at you? 1 0 you have administrators for is that input.
1 1 A. No, I don't speci?cally remember saying 1 1 Q. The reference in No. 2 to an unquali?ed
1 2 that. 1 2 person as senior department administrator, is that
13 Q. And do you think it's possible that the 1 3 Coreen Rodgers?
1 4 ?rst time you reported this to someone higher than 1 4 A. Yes.
1 5 Dr. Pulia?to is when you ?led your formal grievance 1 5 Q. Uh-huh. And what makes you think she's
1 6 in August of 2002 with Dr. Rosenthal? 1 6 unquali?ed?
17 A. I don't recall, but I would say yes it is 17 A. At the time that the job position was
1 8 possible. 1 8 listed as a master's of education or greater and she
19 Q. Okay. Now the list of ?ve concerns that 1 9 did not have a master's of education at the time she
2 0 you have. I'm not trying to question the sincerity of 2 0 was hired. That's the job description she had ?lled. .
2 1 your concerns, but am I not correct these are 2 1 Q. And that's the only reason you didn't think
2 2 managerial decisions that the Chair certainly, right 2 2 she was quali?ed?
23 or wrong, has the right to make? 2 3 A. Sure. If you have a job description that
2 4 For example, saying don't want Gaby 2 4 requires you to have a master's degree and you don't
2 5 Kressly to be an administrator anymore?" 2 5 have a master's degree, you're not quali?edabsolutely. 1 Q. Do you have any idea what her performance
2 Q. I mean you may have liked her, but 2 evaluations look like?
3 obviously the Chair didn't. 3 A. No.
4 A. I'm not saying that -- I didn't say one way 4 Q. What her supervisors think of her?
5 or the other. I said, you know, we discussed 5 A. No.
6 basically, you know, like I said the insensitive and 6 Q. Okay. So she's unquali?ed for the job
7 abrupt removal of her. I think that, you know, a 7 because she didn't have this advanced degree?
8 person that's been there for 35 years, you know, had 8 A. Yes. Just like myself. If I'm hired for a
9 deserved a little bit better than what she did as far 9 medical, you know, of?ce, I can't ful?ll because I
0 as that particular -- 1 0 don't have a medical degree, you know. They wouldn't
1 1 Q. But I bet you haven't seen every E-mail or 1 1 hire me to do surgery.
1 2 are you privy to every single con?ict that she had 1 2 Q. But obviously her -- well Dr. Pulia?to
1 3 with the senior administration about their concerns 1 3 obviously promoted her.
1 4 about how she was running the West Palm Beach cliriic 1 4 A. Yeah. She had no background though in
5 right or wrong? 1 5 administration. Her background was in business and
1 6 A. No, no I haven't seen any of them. 1 6 ?nance.
17 Absolutely -- 1 7 Q. You don't think that's a helpful
1 8 Q. I'm not taking sides here. 1 8 quali?cation to being an assistant Chair and running
1 9 A. And Ms. Kressly would not have expressed 1 9 the operation?
2 0 those regardless either way and obviously 2 0 A. This is an administrator of all of the
2 1 Dr. Pulia?to doesn't express that either. 2 1 facilities. That's great for a CPA running a billing
22 Q. That's right. So you don't really know 22 of?ce, but this is the entire facility. I mean you
2 3 what was happening between Gaby Kressly and senior 2 3 should at-least have some personnel experiences, maybe
2 4 administration? 2 4 HR experience, something. You know, at least have the
2 5 minimum quali?cation, which is a master's degree.

25

 

A. No. Like I said, he has the right to make

 

 

KRESSE ASSOCIATES, INC
305-371?7692

 .
HQ,


Aanf

Page]

 

 

STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS

CASE NO. 05-0928

MARC E. BROCKMAN,
Petitioner,
vs.

THE UNIVERSITY OF MIAMI-
BASCOM PALMER EYE INSTITUTE,

Defendant.

DEPOSITION
OF

YUNHEE LEE, M.D.

Espirito Santo Plaza
1395 Brickell Avenue, 14th Floor
Miami, Florida

Monday, May 9, 2005
8:10 a.m. 10:00 a.m.

.. 

 

 

 

KRESSE ASSOCIATES, INC.
(305) 371-7692 

5 (Pages 14 to 17)

 

 

 

 

 

 

Page 14 Page 16
responsibilities for the facility? 1 were there any additional ?nancial constraints that you
2 MR. EPSY: Fiscal, f-i-s-c-a-l? 2 learned about the facility would have to face?
3 Q. Yes. 3 A. Yes.
4 A. Yes. It is my role to oversee that. It's 4 Q. Could you describe them for me, please.
5 not my -- it's not my primary responsibility, but I'm 5 A. Well, we get a dean's tax rebate every year.
6 supposed to oversee that, as well. 6 And that year because of ?nancial difficulties that
7 Q. Prior to the time that you became the 7 were being felt throughout the entire University of
8 interim medical director in February of 2003, did you 8 Miami, we were told we would not get that rebate.
9 have any understanding as a member of the faculty as to 9 Q. Can you explain for me, please, what the
10 the ?nancial condition of the Palm Beach Gardens 10 dean's tax rebate is.
1 facility? I 1 A. Right. So every center that is part of the
12 A. Yes. 12 University of Miami has to pay tax. And that money goes
13 Q. And what was your understanding prior to the 13 to helping, you know, run programs. And it's just, it's
14 time you became interim medical director? 14 basically a form of moneys to support administration and
15 A. We were having increasing ?nancial 15 activities.
16 dif?culty that we were -- that a de?cit was growing. 16 The dean, knowing that we were a ?edgling
17 Q. How did you come to this understanding? [7 satellite, knowing that we didn't necessarily get to
18 A. It was announced at the faculty meetings. 18 bene?t from some of the things that, say, a program or
19 Q. So it would be at faculty meetings that you 19 center that was on campus would bene?t from, they would
20 would attend, there would be some discussion regarding 20 give us back that money as a rebate. I
21 the ?nancial condition of the facility? 21 Q. And in 2003 you were not going to receive
22 A. Correct. . 22 that rebate?
23 Q. Do you recall approximately what the de?cit 23 A. Correct.
24 was that you referenced earlier? 24 Q. Do you recall what sort of amount, the
25 A. Well, by the end of May 2002, it was 25 magnitude of that ?nancial decision?
Page 15 Page 17
1 approximately $700,000. 1 A. Yes. It was going to be somewhere between
2 Q. At the time you became the interim medical 2 200 to 300,000.
3 director, do you recall having any discussions with 3 Q. Were there any other ?nancial conditions .
4 Dr. Pulia?to regarding the ?nancial situation of Palm 4 that you were facing between February and April of 2003?
5 Beach Gardens facility? 5 A. Yes. There was an announcement that the i
6 A. Yes. That it was still in -- still not 6 State of Florida would be increasing their malpractice
7 doing well. 7 insurance rates for physicians, and it was anticipated
8 Q. Did Dr. Pulia?to give you any directions or 8 that that also would be a sizable additional cost.
9 instructions with regard to the ?nancial condition at 9 Q. As a result of Well, let me ask you:
10 the facility? 10 Were there any other peculiar, if you will, ?nancial
11 A. When I ?rst took on the role of medical 1 constraints between February and April of 2003?
12 director, no; just to step in and give the center some 12 A. Those were the two big ones.
13 leadership. 13 Q. Okay. As a result of those two big ones,
14 Q. Okay. At some point did you have a 14 and I believe you said an ongoing de?cit situation, did
15 conversation with Dr. Pulia?to regarding the ?nancial 15 at any time you receive any instructions from
16 condition of the facility? 16 Dr. Pulia?to regarding the budget at the Palm Beach
17 A. Yes. 17 Gardens facility?
18 Q. Okay. Do you recall approximately when that 18 A. Yes. Once we became aware of those two
19 was? 19 additional ?nancial burdens, Dr. Pulia?to told me that
20 A. It was something -- it was an ongoing 20 I needed to cut our budget.
21 dialogue that was occurring over the entire yearsuggest to you a speci?c amount?
22 wasn't as if when I ?rst took on the responsibility 22 A. He said that given that we weren't going to
23 that we had just a speci?c meeting for that. 23 get the dean's tax rebate, that he thought that I would
24 Q. In the period between February of 2003, when 24 eliminate at least $200,000 from our operating budget.
25 you became interim medical director, and April of 2003, 25 Q. And this operating budget, could you tell me
KRESSE ASSOCIATES, INC.

(305) 371?7692

7 (Pages 22 to 25)

 

 

 

 

 

 

Page 22 Page 24
decision was reached regarding how to balance the budget 1 that because we were losing too much money.
2 at the Palm Beach Gardens facility? 2 So there were two positions that were ,3
3 A. We -- When we looked at the budget 3 eliminated and that was outsourced. We let an outside
4 everything -- The center was being operated in such a 4 group come in and run the optical shop and be I
5 lean fashion, there were not a lot of places to make 5 responsible for it.
6 cuts to accomplish the cut that we needed to make. 6 Q. And do you recall approximately what date
7 And so, really, our biggest cost was 7 these layoffs occurred?
8 personnel. So we made the decision that we needed to 8 A. Yes. It was towards the end of April 2003.
9 cut personnel to accomplish the $200,000 savings. 9 (Thereupon, Letter dated April 23, 2003 was
10 Q. And who was involved in this decision to lay 10 marked as Respondent's Exhibit 3 for
1 1 individuals off at Palm Beach Gardens? 1 identi?cation.)
12 A. Myself, Ilene Knopping, Coreen Rodgers. We 12 Q. Doctor, I have handed to you what I have
13 had Kelly Insignares from Human Resources that was 13 marked as Respondent's 3.
l4 ultimately a help to us, too. 14 Do you recognize that document?
15 Q. Okay. So the decision, the layoff decision 15 A. Yes.
16 was reviewed by the Human Resources department? 16 Q. Can you identify it for the record, please.
17 A. Yes. 17 A. This was a letter that was created and given 
18 Q. Was Dr. Brockman involved as one of the 18 to each person as we, you know, ended their position.
19 individuals who was laid off? 19 Q. Okay. And is this letter dated? -
20 A. Yes. 20 A. Yes. It's dated April 23, 2003.
21 Q. Were there other individuals who were laid 21 Q. And is this a letter for Dr. Brockman?
22 off? 22 A. This is, yes.
23 A. Yes. 23 Q. Okay. And is that your signature that
24 Q. Do you recall approximately how many? 24 appears at the bottom right-hand part of the page?
25 A. A total of ?ve positions had to be 25 A. Yes.
Page 23 Page 25
eliminated. 1 Q. Is the information contained in this letter
2 Q. I believe you testi?ed earlier that one of 2 true and accurate?
3 the biggest area for cost savings that you had were 3 A. Yes.
4 labor costs, personnel costs; correct? 4 Q. All right. At the time was the Department
5 A. Correct. 5 of Ophthalmology reevaluating the structure in the
6 Q. Do you recall of the staff salaries at the 6 future direction of the Palm Beach site?
7 Palm Beach Gardens facility in April of 2003 who the 7 A. Yes.
8 highest paid staff person was? 8 Q. Was the department facing budgetary
9 A. Yes. It was Dr. Brockman. 9 constraints?
10 Q. And do you recall who the second highest 10 A. Yes.
11 paid person was? 1 1 Q. Is that the reason the position of Associate
12 A. We had a gentleman that was responsible for 12 Director 4 was eliminated?
13 the optical shop, Nick Riehle. So he was maybe the 13 A. Yes.
14 second highest. 14 Q. Did at any time Dr. Pulia?to ever instruct
15 Q. What happened to Mr. Riehle's position? 15 you or tell you It, too, was eliminated. 16 Dr. Brockman?
17 Q. And what happened to the optimic -- I'm 17 A. No.
18 saying that -- 18 Q. At any time did Dr. Pulia?to even suggest
19 A. Optometry? 19 to you any way that you had -- that Dr. Brockman's
20 Q. -- shop -- 20 employment should be terminated?
21 A. The optical shop. 21 A. No. 
22 Q. The optical shop. I'm sorry. 22 Q. Who assumed Dr. Brockman's duties a?er he 5
23 A. Actually, there were two positions that had 23 was laid off? 
24 to be eliminated because we essentially closed the 24 A. Basically, all the things that Dr. Brockman 
25 optical shop. We no We decided we could not operate 25 did, we had to distribute them amongst the people tha
KRESSE ASSOCIATES, INC.

(305) 371-7692

8 (Pages 26 to 29)

 

 

 

 

 

 

Page 26 Page 28
I remained. So some went to technicians, some of his 1 Q. Now, am I correct in understanding that the 
2 roles went to technicians and other to physicians. 2 sole reason that Dr. Brockman's employment at Bascom '1
3 Q. Do you have a full-time optometrist today at 3 Palmer was terminated was due to budgetary constraints? 1
4 the Palm Beach Gardens facility? 4 A. Budgetary constraints. 
5 A. No. 5 Q. That's the only reason?
6 Q. How are those services being provided? 6 A. That's the only reason.
7 A. We have one optometrist who comes up two 7 Q. Okay. Was there anything about the quality
8 Fridays a month. And she -- The only thing that we 8 of the work he was doing in any way, shape or form that 
9 really need the skills of an optometrist to do, we ask 9 contributed to his termination? 
10 her to do those things. Otherwise, the physicians do 10 A. No. He was doing an excellent job.
11 all the other things and some of the technicians help 1 1 Q. Okay. Now, the other people that were
12 out, as well. 12 terminated on the same day, one of whom I think you
13 Q. And, if you know, how are her services paid 13 mentioned already, was Nicholas Riehle, R-i-e?h-l-e?
14 for? 14 A. Uh-huh.
15 A. The Palm Beach Gardens satellite pays for 15 Q. Is that right?
16 her services. 16 A. That's correct.
17 Q. Okay. And who do you payhave to pay basically Anne Bates -- I 18 A. Optical shop.
19 mean, it's just the hospital side of the University of 19 Q. -- the optical shop.
20 Miami. 20 And what he was doing prior to that date,
21 Q. Okay. You bring up an important distinction 21 how did the -- how did Bascom Palmer substitute that
22 there. 22 after Nicholas Riehle was let go?
23 Is there a different between the Anne Bates 23 A. We decided to eliminate the optical shop
24 hospital side and the Palm Beach Gardens facility for 24 from our responsibility, and we let somebody who runs
25 the purposes of budgeting and ?nancial operations? 25 optical shops come in and rent that space and run their
Page 27 Page 29
A. Yes. The Anne Bates Hospital is -- I own optical shop. So we outsourced it.
2 basically it belongs to the University of Miami. And 2 Q. Okay. To whom, do you recall?
3 the University of Miami is responsible, you know, for 3 A. It's the same group that does the optical
4 that side of things. 4 services down in Miami.
5 And there is the Department of 5 Q. Okay. You don't recall the name off the top
6 Ophthalmology, which is essentially a separate entity, 6 of your head?
7 and that's what Palm Beach Gardens satellite falls 7 A. I just know the fellow who works in there
8 under. 8 because I always go to him. And his name is Andy.
9 Our mothership down in Miami actually is -- 9 Q. Okay. Nicholas Riehle wasn't reassigned or
10 has two components; one that is from the University of 10 given any other ?irther -- other option within the
1 1 Miami, that is the hospital side, and then there is the 1 University?
12 Department of Ophthalmology side. So, every -- all the 12 A. No, no. He was allowed to basically once
13 operations down there, you know, they basically get paid 13 we decided to eliminate that as being our
14 for by -- paid for by two different centers. 14 responsibility, we actually opened -- opened things up
15 MR. SCHRANCK: I have no further questions. 15 and basically made the announcement that we would be .
l6 CROSS-EXAMINATION l6 considering, you know, all vendors and all bids. 
17 BY MR. EPSY: 17 And so he was encouraged to come and put in
18 Q. Dr. Lee, at the time Dr. Brockman was 18 a bid for essentially opening up an optical shop of his
19 terminated, and I think you have marked the letter, 19 own and operating it there.
20 right, April 23, 2003 was the effective date. 20 Q. Did he do that?
21 A. Yes. 21 A. He did not cement.
22 Q. There were how many other people, four other 22 Q. James Crowell was one of the people
23 people that were terminated on the same day; is that 23 terminated?
24 right? 24 A. Yes.
25 A. That's correct. 25 Q. What position did James Crowell have?
KRESSE ASSOCIATES, INC.

(305) 371-7692

 

14 (Pages 50 to 53)

 

 

 

 

 

 

Page 50 Page 52
A. The year prior. 1 May 3 of any ?scal year, whatever de?cit we have,
2 Q. Was that only the Gardens facility? 2 that slate gets wiped clean. And basically the 
3 A. That's only the Gardens facility. 3 remainder of the Department of Ophthalmology, you know
4 You asked me if there was a deadline. And 4 basically has to somehow absorb that. 
5 the answer is that there wasn't a deadline, per se, but 5 So basically we do start clean June I. So
6 the ?scal year ends May 3 lst. And whatever, however 6 but basically, even with a clean slate, we were going
7 the books close, you know, whatever, I guess, 7 further and ?irther into de?cit. And I cannot remember
8 rami?cations occur for being hugely over our budget, 8 the exact amount that we were in de?cit already by the
9 you know, we get sort of assessed on the basis of that. 9 time 1 was asked to assume the position of medical
10 Q. Okay. What was the budget for in the year 10 director, but I think it was perhaps even something like
1 1 prior during which this de?cit was run, what was the 1 1 400,000. So we would be looking at a repeat of the year
12 annual operating budget for the Gardens facility? 12 prior.
13 A. I'm just pulling a number. I can't remember 13 Q. And was the operating budget being cut
14 exactly. Something like 3, 3-1/2 million dollars. l4 ?mher for the following year?
15 Q. Okay. And that was the budgeted amount and 15 A. Well, the cuts that were made were going to
16 the facility actually incurred expense of about $700,000 16 basically go into the following year.
17 more than the budgeted amount? 17 Q. But that was it, the ?ve people. There
18 A. We basically didn't collect revenue to cover 18 were no other cuts, if I understood you before, that you
19 our expenses. We were short by about $700,000. 19 were making to the operating budget other than
20 Q. Okay. I got it now. 20 eliminating these positions?
21 In addition to that, in the spring of 2003 21 A. You know, we were doing other things, too.
22 you were faced with the prospect of losing the dean's 22 We were trying to make our situation more ef?cient.
23 tax rebate. 23 And then, in addition, you know, where we
24 A. Correct. 24 were losing money, we were actually not collecting what
25 Q. And that was another 2 to 300,000? 25 we needed to be collecting. In other words, some of the
Page Page 53
1 A. Correct. 1 bills that were generated from patient visits weren't
2 Q. And, additionally, there was the prospect of 2 being submitted and the collections weren't properly
3 increased malpractice coverage. 3 being collected.
4 A. Correct. 4 And so we were instituting changes in how we
5 Q. Do the physicians employed by the University 5 did that to make us more ef?cient and better able to
6 of Miami pay any of their own malpractice coverage, or 6 collect revenue.
7 is it all paid by the University? 7 Q. Did Dr. Grimmett resign as the medical
8 A. It's all paid for by the University. 8 director in January of '03 at the Gardens facility?
9 Q. And what type of a budget item or budget 9 A. I recall him resigning, I think at the end
10 increase was that projected to be up in the Gardens 10 of December, and I think effective January 1.
1 1 facility? 1 1 Q. And what were his reasons, if you know, for
12 A. I cannot recall a number. 12 that resignation?
13 Q. Would it have been more than a hundred 13 A. I never talked to him about it. But I think
14 thousand dollars? 14 he was experiencing a great deal of pressure over the
15 A. More than a hundred thousand dollars. 15 center's performance.
16 Q. So to bring this discussion sort of full 16 Q. All right. Was he -- Had he been involved
17 circle, if you will, we have got an operating de?cit 17 at all, to your knowledge, with any of the complaints
18 the year before of 700,000, loss of this tax rebate of 2 18 that Nicola DuHumel had made against Dr. Pulia?to?
19 to 300,000, and something greater than $100,000 increas: 19 A. I don?t know.
20 in malpractice coverage. 20 Q. Were you aware or are you aware today that up together, it's 21 of the complaints she made against him at any time?
22 more than a million dollars in either de?cit or 22 A. I had heard about it.
23 increased expenses. You were only asked, though, to 23 Q. When did you ?rst become aware of those
24 reduce the budget by 200,000. 24 complaintsevery ?scal year, come 25 A. I can't remember the exact time.
KRESSE ASSOCIATES, INC.

(305) 371-7692

IN THE CIRCUIT-COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR BEACH COUNTY,
FLORIDA

GENERAL JURISDICTION DIVISION

CASE 2006-CA-002832 MB

 

MARC E. BROCKMAN,

Plaintiff,
V.

DR. CARMEN PULIAFITO and
UNIVERSITY OF MIAMI d/b/a
BASCOM PALMER EYE
INSTITUTE and d/b/a BASCOM
PALMER OF THE PALM
BEACHES,

Defendants.

 

 

AFFIDAVIT OF DR. JOHN G. CLARKSON

STATE OF FLORIDA 
:ss
COUNTY OF MIAMI-DADE 

BEFORE ME, the undersigned authority personally appeared Dr. John 
Clarkson, who, after being duly sworn, deposes, and says:

1. I am currently employed by the University of Miami. I ?am the Dean
Emeritus of the University of Miami Miller School of Medicine and a Professor in the
Department of Ophthalmology. I make this af?davit based upon my personal

knowledge.

 

 

2. From 1995' until I voluntarily relinquished my position in 2005, in order
to accept the position of Executive Director of the American Board of
Ophthalmology, I held the position of Dean of the School of Medicine at the
University-of Miami. In or. about 2000, I appointed a search committee to identify a
quali?edicandidate for-the position of Chair of the Department of OphthalmOIOgy and
the Director of the Bascom Palmer Institute. also appointed Dr. Laurence B.
Gardner, the-then Chair of the Department of Medicine, to Chair the Search.
Committee. After reviewing a number of candidates, the Search Committee
recommended that the University hire Dr. Carmen A. Pulia?to, 'who was then the
Chair of the Department of Ophthalmology at the Tufts University School of
Medicine and the Director of the New England Center. Upon receipt of this
recommendation,l contacted the Dean of the School of Medicine at Tufts, 'aswell as
other leading ophthalmOlogists Who were acquaintedwith Dr. Pulia?to, all of whom,
supported the recommendation. .After consultation with the facultymembers of the
Department of Ophthalmology, I approved the hire of Dr. Pulia?to as Chair of the
Department of Ophthalmology.

3. Dr. Pulia?to Was hired by the University in July of 2001. Prior to his hire

in 200.1, I had never worked with Dr. Pulia?to.

 

4. I am acquainted with'the Plaintiff Dr. Marc Brockman. I never told Dr.
Brockman that Ihadknowledgethat Dr. Pulia?to had assaulted, or had any physical
altercations with anyone while Dr. Pulia?to was employed by Tufts, or any other
prior employer, nor do I haVe any personal knowledge of 'such conduct. Prior to Dr.
Pu1ia?to?s hire, I did?not haVe any personal knowledge of any incidents involving Dr.
Pulia??to while he was employed by Tufts, or any previous employer, that would have
led me to believe that Dr; -Pu1'iaflito was un?t .for his job"'or that he ?would ever
physically assault an emplOyee.

443.29%

JOHN G. CLARKSON

AND me, this '6 day of January, 2007,
by Dr.- John G. Clarkson, who is personally known to me ?u who has produced

as identi?cation-

 

My Commission Expires: 

NOTARY PUBLIC, State of ?ow/I 

 

 

Notary Public State 01%
- Betty Dufour 
Ex 1012712010

     
      

At Large

   

Printed Name: ?6773 chug 

 

IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY,
FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO. MB

 

MARC E. BROCKMAN,

Plaintiff,
v.

DR. CARMEN PULIAFITO and
UNIVERSITY OF MIAMI d/b/a
BASCOM. PALMER EYE
INSTITUTE and d/b/a BASCOM
PALMER OF THE PALM
BEACHES,

Defendants.

 

 

AFFIDAVIT OF. LAURENCE GARDNER
STATE OF FLORIDA


ss:
COUNTY OF MIAMI-DADE 

BEFORE ME, the undersigned authority personally appeared Dr. LaUTence B.
Gardner, who, after being duly sworn, deposes and says;

1. I am currently employed by the University of Miami. I am a Professor in
the Department of Medicine and the Executive Dean for EdUcation and Policy ofthe

Miller School of Medicine. From July of 1994- until June of 2006, I served as the

CASENO. MB

Chair of the Department of Medicine. I make this af?davit based upon my personal
knowledge.

2. In or about 2000, Dr. John Clarkson, who wasthen the Dean of the School
of Medicine appointed a search Committee to identify a quali?ed candidate for the
position of Chair of the Department of Ophthalmology and the DirectOr of the
Bascom. Palmer Institute, and appointed me as its? Chair. After reviewing a
number of Candidates, the Search Committee unanimously recommended that the
University hire Dr. Carmen A. Pu1iaf1to, who was then. the Chair of the Department
of Ophthalmology at the Tufts University School of Medicine in Boston and founding.
Director of the New England Center, and Ophthalmologist-in-Chief at the New
England Medical Center. This recommendation was forwarded to Dean ClarkSOn,
who approved the recommendation.

3. Dr. Pulia?to was hired by the University in July of-2001. Prior to his hire
in 2001, I hadnever worked with Dr. Pulia?to.

4. Prior to Dr. Pu'lia?to?s hire, the-Search Committee spoke to a number ofDr.
Pulia?to?s professional colleagues. Prior to his hire, and. thereafter, I had no
knowledge that Dr. 'Pulia?to had assaulted or had any physical altercations with
anyone while Dr. Pulia?to was employed by Tufts, or by any other prior employer.

I also do nothave any knowledge of any inCidents involving Dr. Pul'ia?to While he

-2-

 

CASE NO. MB

was employed by Tufts, or by any previous employer, that would have led me to

believe that Dr. Pulia?to was un?t for his job or that he would ever physically assault

DR. LAURENCE B. GARDNER 

 

S-WORN TO AND SUBSCRIBED before me this f/ day of December, 2006

by DR. LAURENCE B. is personally known to me or who has

produced as identi?cation.

 

?Dc/s, M. 
Notary Pleic?, STATE Comm. Expires';
May 30. 2010
DD541746

PrintNameCommission Expires: M47 3:9) :20 /0





 

#9 RECYCLED PAPER T0 REORDER CALL 954 846-9399

 

IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT IN AND
OR PALM BEACH COUNTY
FLORIDA

GENERAL JURISDICTION DIVISION
CASE NO. MB 
MARC-E. BROCKMAN,

Plaintiff,
v.

DR. CARMEN PULIAFITO and
UNIVERSITY OF MIAMI d/b/a
PALMER EYE
INSTITUTE and dfb/a BASCOM I
PALMER OF THE PALM 
BEACHES,
Defendants.
Ir/

AFFIDAVITOF .
OF NORTH CAROLINA I 
COUNTY OF DURHAM. 3 
BEFORE the- undersigned authority 'perSOnally appeared Dr; Scott W.
Cousins, who, after being duly sworn, deposes and Says:

I am currently employed as the Robert'- Machemer Professor of

Ophthalmol?Ogy and Immunology at the Duke University Department of

CASE NO. 

Ophthalmology in Durham, North Carolina. I also serve as the Director of the
Duke Center for Macular Diseases at the Duke Center. I make this af?davit
based upon my personal knowledge.

2. From approximately July 1, 1989, until my voluntary resignation on
June 30, 2005, I was employed as a faculty member of the University of Miami?s
Department of Ophthalmology. I am acquainted with Dr. Carmen Pulia?to, as I
was a faculty member when Dr. Pulia?to was hired in July of 2001 as the Chair of
the Department of Ophthalmology for the University of Miami. I have never been
employed at the Tufts University School of Medicine, and, prior to his hire in
2001, I had never worked with Dr. Pulia?to. In addition, I did not serve on the
University?s search committee that was appointed to ?nd a new chair of the
Department of Ophthalmology, and which ultimately recommended that Dr.
Pulia?to be offered that position.

3. I am acquainted with the Plaintiff Dr. Marc. Brockman. I never told Dr.
Brockman while I was employed at UM, or at any other time, that I was aware of
any prior complaints (including, but not limited to, complaints of violence or
physical altercations) made by employees at Tufts about Dr. Pulia?to, nor do I
have any personal knowledge of same.

4. In addition, I never advised anyone on the University?s search committee

or Dr. John Clarkson, the-then Dean of the University?s School of Medicine at the
2

CASE NO. 

time Dr. Pulia?to was hired, that I had knowledge that Dr. Pulia?to had assaulted

or had any physical altercations with anyone at Tufts Uni ersity.

DR. SCOTT W. COUSINS

 

SWORN TO AND SUBSCRIBED before me, this l5?w?day of September,

2006, by Dr. Scott W. Cousins, who is personally known to me or who has

 

 

produced C. Y?t vars l\ ?mm as identi?cation.

My Commission Expires: N0 cm [our 0 7-, 1007'
NOTARY PUBLIC, State of North
Carolina
At Large

 

Printed Name: Kac?dcm Barl? <1

KW fol/ww?

IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT AND
FOR PALM BEACH COUNTY,
FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO. MB

 

MARC E. 

Plaintiff,


DR. CARMEN PULIAFITO and
UNIVERSITY OF MIAMI dfb/a
BASCOM PALMER EYE
INSTITUTE and dfb/a BASCOM
PALMER OF THE PALM
BEACHES,

Defendants.

 

 

AFFIDAVIT OF DR. DAVID .S. GREENFIELD

STATE OF FLORIDA 

COUNTY OF PALM BEACH 

BEFORE ME, the undersigned authority personally appeared Dr. David S.
Green?eld, who, after being duly sworn, deposes and says:

1. I am currently employed as a Professor of Opthalmology in Department of
Optha'lmology at the University of Miami. I have been employed as a faculty

member at the University since the fall of 1997. I work at the PalmBeach Gardens

CASE NO. MB

Satellite of?ce of the Bascom Palmer Institute. I make this af?davit based'upon my
personal knowledge.

2. I am acquainted with Dr. Carmen Pulia??to, as heis the current Chair of the
Department of Ophthalmology for the University of Miami. In addition, I was
employed as a resident physician at the Tufts University School of Medicine from
1991 to 1994, when Dr. Pulia?to was the Chair of the Department of Opthalmology
at Tufts. I did not serve on the University of Miami?s search committee that was
appointed to ?nd a new chair of the Department of Ophthalmology, and which
ultimately recommended that Dr. Pulia?to be offered that position.

3. I am acquainted with the Plaintiff Dr. Marc Brockrnan. I never told Dr.
Brockrnan while I was employed at the University, or at any other time, that I was
aware of any prior complaints of violence altercations made by employees
at Tufts about Dr. Pulia?to, nor do I have any personal knowledge of same.

4.. In addition, Inever ?advised anyone on?the University?s search committee,
or Dr. John Clarkson, the-then Dean of the University?s School of Medicine at the

time Dr'. Pulia?to was hired, that I had knowledge that Dr. Pulia?to had asSaulted or

 

CASE NO. MB

had any physical altercations with anyone at Tufts University;

 

 

SWORN TO AND SUBSCRIBED before me, this 451L7day ofNofvernber, 2006, 

by Dr.David S. Green?eld, who ism or who has produced

as identi?cation.
My Commission Expires: WW

NOTARY PUBLIC, State of 157a .

 

 

 

 

 

 

At Large .
Printed Name: 15/017377
Dec/Cw.?
?flfiis my;

 PALMER EYE

 

 

IN THE CIRCUIT. COURT OF THE
15TH IUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY
COUNTY, FLORIDA
GENERAL. JURISDICTION DIVISION
. . CASE NO, 
MARCE 
"'TPllaintiff?



-- CARMEN PULIAFITO and
I UNIVERSITY OF MIAMI d/b/a

INSTITUTE and dfb/a BASCOM
PALMER OF THE PALM
BEACHES

Defendants,

 

 

AFFIDAVIT: OF DR. PAUL B. GREENBERG -

STATEDF RHODE 

COUNTY OF PROVIDENCE 3 ?gs 

BEFORE ME, the undersigned authority perSonally- appeared Dr. Paul
who, after? being duly sv?vorn, deposes and says:

7? I am currently employedas a physician at Retina Consultants, Inc., lOcated

j? Providence, Rhode Island, also serve as the Chief of Ophthalmobgy at the

7 Providence VA Medical Center, and I am :a Clinical Assistant Professor at Brown

"Uii'iverfs-ity Medical'School. I make" thisraf?davit based upon my personalknowledge.

,5?11 
- - -
325-13?, Jr. .1 .
.i 6 fat? 
narr? 9

CASE No. 

2. . Prom approximately July of 2001 until my Voluntary resignation in 2003,
Iwas a- "faculty member in the Department of Ophthalmology at the University of

Miami. I am acquainted with Dr. Carmen Puliai?to, as served. as a fellow in the

?Depiar't'ment ofOpthahnology atthe Tufts University School ?ofMedicine, from 2000

until 2001,, when Dr. Pulia?toserved as ?the chair of the Department. When Dr.
Pulia?t'o received an offertdbecome the Chief of the Department of Ophthalmology 
at the-University of Miami, he a?skedme'ifl would like to join the faculty-at UM, and
agreed.

3. lam acquainted with the Plaintiff Dr. Marc. Brockman. I never told Dr.

Brockman-while I. was employed at UM, or?at any other- time, that'Iwas aware of any

prior complaintsfincluding, but not. limited to, complaints of physical violence or

. phySical altercations) made by employees at Tufts about Dr. Pulia?to.

4. In addition, was never contacted by, nor have I ever spokento, anyone on
the University of Miami search committee that recommended an?offer of employment

to Dr Pulia?to about any matter involving Dr. Pulia?to.

@Qec? 

DR. PAUL B. 
SWORN TO AND SUBSCRIBED before me, this& day of September, 2006, i
by Dr, 'Paul B. Greenberg, who isupersonally known to me, A or who has produced

as identi?cation.

 

.2-

 -CASE NO: 

My Commission Expiresstate of .72 
At Large - I
P?nted Name: tO'?'ee-.. 1r?21IN CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT 
FORPALM BEACH COUNTY,
FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO. 2006-CA-002832 MB

 

MARC E. BROCKMAN,

Plaintiff,
v.

DR. CARMEN PULIAFITO and
UNIVERSITY OF MIAMI d/b/a
BASCOM PALMER EYE
INSTITUTE and d/b/a BASCOM
PALMER OF THE PALM
BEACHES,

Defendants.

 

 

AFFIDAVIT OF COREEN A. RODGERS
STATE OF FLORIDA


ss:
COUNTY OF MIAMI-DADE 
BEFORE ME, the undersigned authority personally appeared Coreen A.
Rodgers, who, after being duly sworn, deposes and says:
I am currently" employed by the University of Miami as? the Senior Clinical.
Administrator/Assistant Chair of the Department of Ophthalmology (?Department?)

in the University?s Miller School of Medicine. Prior to January of 2002, I held the

position of Director of Fiscal Affairs for the Department. In December of 2000, I

 - 

CASE NO. MB

receivedmy Masters in Business Administration degree ?'omthe University?s School
of Business, andI am also a Certi?ed Public Accountant. I make this af?davit based
upon my perSonal? knowledge and/or a review ofr?ecords maintained by the University
in the ordinary course of business.

2.. Since 1996, Bascom-Palmer Institute has operated a clinic located in
Palm Beach Gardens, Florida (?the Clinic?). Physicians employed by the Department
of OphthalmOlogy treat patients at the Clinic and, until April of 2003, the Department
employed an optometrist at the Clinic.

As of the end of May 31, 2002, the Clinic was operating at approximately
a $626,000.00 de?cit. In October of 2002, the Clinic Was operating at an
approximate cumulative de?cit for ?scal year 2003 of $290,000.00. By the end of
January of 2003, the de?cit'had grown to approximately $365,000.00 for the ?5cal
year 2003, which ended on May 31, 2003.

4. During the summer of 2002, the Departmenthired consultants to assist in
the transition to a new schedu1ing and billing? system for the Clinic. In or abOut
January of 2003, the Department hired Ilene KnOpping, of Pointed Communications,
who are health care management consultants, to be the interim administrative
manager of the Clinic and to assist in the-review and evaluation of Clinic operations.

Aspart of her duties, she conducted an analysis of the staf?ng and operations of the

-2-

CASE NO. 2006-.CA-002832 MB

Clinic, which noted the areas where there was overstaf?ng and areasWhere there was
a lack of specialized staf?ng. One of the recommendations Ms. Knopping'made-was
that ?the optomet'ric patient volume does not require a'full time optometrist.? (A copy
of Ms. Knopping?s April 11, 2003 report is attached hereto as Exhibit A.)

5. In connection with her- job as the interim administrative manager, and as
part of an oVerall analysis of the Clinic operations, in the spring of 2003, Ms.
KnOpping andMedical Human Resources met with the Clinic staff to review their
job description and determine what their actual duties were.

6. In addition, as part of the analysis of Clinic operations, I asked Dr. Charles
Pappas, the Director of Patient Clinical Services for the Anne Bates Leach 
Hospital, to visit the Clinic and report on the clinical operations. In the report Dr.
Pappas. submitted to me, he concluded that Dr. Brockman should be considered for
layoff. (A copy of Dr. Pappas?s April, 2003 report is attached hereto as Exhibit B.)

7. In early 2003, the Departmentof Ophthalmology was advisedthat it would
not be receiving a tax rebate inithe amOunt to $300,000.00. In early
2003, theDepartment also learned, together withthefrest of the Medical School, that
its malpracti?Ce premiums" would be, signi?cantly increased.

8. On April 1, 2003, Tom Fitzpatrick, the Chief Financial Of?cer for the

School of Medicine, sent an Email message to all departments, informing them that .



CASE NO. MB

. they needed to make ?nal adjustments to-their'budgets by April 9, 2003. (A copy of
this Email is attached hereto as Exhibit C.)

9.. Inor-about early 2003, based upon the Department?s ?nancial concerns, Dr.
Carmen Pulia?to, the Chair of the Department, directed Dr. Yunhee Lee, the Medical
Director of the. Clinic, and me to cut at least $200,000.00 from the Clinic?s annual
budget. Dr. Pulia?to did not tell us how to implement this budget cut.

10. In the Spring of 2003,.Dr. Br'ockrnan was the highest paidnon-physician
at the Clinic. He was only seeing paying patients approximately 50% of his working
time, and the collectionson his patients ?did not cover his salary and. bene?ts and
othe'rsupporting costs. Inorabout the Spring of 2003, I?perfor'med'an analysis of Dr,
Brockman?s billing and collections and concluded thathe represented a net loss to the
Department . (A copy of the ?nancial analysisperformed by me ?is attach'ed'hereto as
Exhibit D.)

11. Based upon the input from these various consultants, together with the
economic factors, Dr. Lee, together with my input. and that of. Ms. Knopping, made
the recommendation to lay off five individuals at the Clinic, effective-April 23, 2003..
One of those ?ve individuals was Marc Brockman. In. addition to the lay-offs, the
decision was" made to close the optical shop and outsource-the function to a third

party vendor. The lay off recommendations were forwarded to Medical Human

-4-



#1


i


CASE NO. 2006-CA-002832 

Resources, as is required by University policy, and approved. Pursuant toUniversity
policy, all of these individuals were eligible for rehire'. One rehire was Jimmy
Crowell, who was rehired as an imaging technician, at. the same salary he had been
earning in his previous position. This was an open position that needed to be ?lled.
Another individualwho was rehired wasJoanCrownoYer who Was offered a position
as a Patient Clinical Associate/Patient Scheduler. Lead, at the same $13 per hour
salary she was earning prior to. her lay off. HOWever, Ms. Crownover resigned in
May of. 2003, and she was not replaced. Notwithstanding the rehir?e of Mr. Crowell,
the net savings to the Clinic of these cost-cutting measures was approximately
$200,000.00 per year.

12. Dr. Brockrnan has not been replaced and, his administrative duties were

redistributed to existing personnel at the Clinic.

. 

COREEN A. RODGERS

SWORN TO AND SUB - BEDbefOre me this My ofJanuary 2007 by
A. RODGERS, ho is personally known to me? or Cl who has produced
as identi?cation.

Notary Public, OF 

*efzt A0 L53
My Commissio

 

3w ROCES
?f

[ecd] MY COMMISSION DDS 21047

49mg" EXPIRES: May 17 2010
(407) 3959153. 

 

  

OINTED

COMMUNICATIONS

Date: Friday April 11, 2003

To: Yunhee Lee, MD, Medical Director, Bascom Palmer Institute of the Palm Beaches
Coreen Rogers, Administrator, Bascom Palmer Institute

From: Ilene C. Knopping

Subject: BPEI of the Palm Beaches Reorganization

 

Yunhee, Coreen:

It has been my pleasure to be involved in the management and oversight of the Bascom Palmer 
Institute of the Palm Beaches over the past eight weeks. Your selection of Ana Camacho, a seasoned
UM manager, to assume the management role at Palm Beach, is an excellent one.

I understood when I took this assignment there were several operational challenges and some strategic
decisions pending. I had consulted last summer on service expansion, space utilization, physician
scheduling, and operational improvements. I knew that the Palm Beach management change would
present an opportunity to look critically at the overall structure of the practice, including: updating all
job descriptions (some of which had not been modi?ed in six years), reviewing of positions, making
recommendations for changes, and creating a new organizational chart.

Over the past eight weeks, we worked aggressively to identify areas that need to be improved and
changed. During this same period, several signi?cant operational and ?scal challenges emerged:
front desk functions had just been reorganized to comply with a UM internal audit
HIPPA compliance ?w'as rolling out throughout the University
new ?scal constraints were imposed as the School of Medicine faced increasing malpractice costs and
declining reimbursement
Bascom Palmer began migrating to the UMMG IDX scheduling and registration system (going live
as ofJune l, 2003) 

Our initiatives and the special projects have brought us a ?ow of resources from Bascom Palmer, UM
and from outside vendors. While they have come to our assistance on particular projects, we have
bene?ted greatly from their timely and thoughtful analyses helping us rapidly review the overall
situation.

Below I have summarized my ?ndings and
recommendations to date. These are based on my working part-time (3-days per week) on site over the
past two months. I?ve also drawn from the input of other Bascom Palmer, UNIiami, and outside
consultants who have visited and provided analyses of the practice over this same period.

GENERAL FINDINGS

There needs to be a ground?up effort to write clear policies and procedures for every part of the
practice. Right now, this is completely lacking. Most of the work is conducted on a ?he said/she said, I
should do it this way? basis. Few employees have clear expectations of standards and performance.

In addition, the practice requires a clear mission statement, to be communicated with full authority from
the highest level. We need to reset the staff?s approach to patient service and accommodation. In my
opinion the previous administration, and some of the faculty still at the site did/do not put patients ?rst.
Before I arrived, patients were sent away if they arrived late for their appointment, arrived on the wrong
day, or if they walked in without an appointment for a matter that they perceived to be urgent. Already
we have taken steps to reeducate the staff and do some customer service training. This is an ongoing task
that requires leadership through example.

 

FINDINGS RECOMMENDA TIONS BY AREA.-

Medical Records

More dedicated staf?ng is needed, a person with formal HIM training should be in charge of this
important area, and clear policies and procedures need to be put in place. Medical records has been
under performing due to many factors including sheer volume of work, the sta?? resource not having any
formal HIM background, and the lack of training.

The area, currently staffed by one employee is grossly disorganized, far behind in loose paper ?ling and
record requests. Customer service to internal and external customers is poor. Missing records have been
having a very negative impact on delivery of patient care, and even when a record has been available,
papers corresponding to the record often were not included in the ?le. Other staff at the Palm Beach
facility are spending signi?cant time each day in the record area hunting for records and loose papers.
This is inef?cient and slows down workflow through0ut the practice.

Chantal Goulbourne, the director of HIM at ABLEH, and her staff have spent a number of days in the
Palm Beach record area stabilizing the situation and analyzing the staf?ng. It is Chantal?s conclusion,
and I agree from ?rst hand observation and involvement, that the record area needs to be staffed by. two
full?time employeesat least one of whom has formal HIM tramm .The argument foi' this change 15

{further enhanced by the implementation of the new HIPPA guidelines that change the way the entire
Palm Beach staff is allowed to interface with Medical Records and the additional role of the HIM staff

as HIPPA deputies.

Phone System/Phone Agents [Operators]
The telephone system needs to be upgraded to re?ect the six-year growth of the practice. Staf?ng
should remain at the current level.

'Equipment - National Communications, the new UM vendor who we met with on March 12th
validated what we believed to be the route cause of many of our telephone issue. The current system
is grossly inadequate to handle our volume of calls and our current line needs. Many calls do not get
fed into the practice but instead ring busy because we do not have the ports to accommodate them.

. An upgrade of the system is vital to serve our customers. It is impossible to measure how much
business is/has been left on the table because of this system. Nationwide has provided BP with a
quote and plan to met our needs now and going forward. I recommend you purchase the system
upgrade as soon as possible. I also recommend that the practice invest in call monitoring software to
analyze call volume and disposition, and also to have the ability to monitor calls. Note, this
monitoring system is being considered by the University and may become available to the practice
through a more cost effective means.

'Agents we all have questioned whether this position required one or more staff. Currently, there are
two FTEs, although one of the staff is on medical leave. We have been struggling to cover for the
absence. I believe that the practice?s need requires the two FTEs. These people are responsible for
scheduling, thorough insurance veri?cation, and all calls that require routing. According to Evy
Ortega, pre?registrau'on manager for BPEI, who spent two days on site recently, the practice needs
two agents to answer that phone and register patients properly. The practice can expect measurable
improvement if_ this function is performed properly. I expect better smoother/faster patient check-
in, and more accurate information gathering for billing which should translate into more timely
payments and increased revenue. In Kathy McGuire?s Status Report of March 27, 2003, these points
are also outlined in more detail. McGuire is the Beacon Partners consultant who spent two days on-

sire last month.

From: Desk

This vital unit has received a lot of scrutiny and attention, and changes are underway. In addition, this
group is being further challenged with implementing changes related to HIPPA. For the time being, I
suggest maintaining the current staf?ng level, and planning a review for the fall, after the IDX
appointment and registration system is in place and other changes settle in.

Meanwhile, we need to document policies and procedures for this group, as with other units. And, we
need to focus on the many training issues identi?ed by Kathy McGuire. The issues she raised were what
I expected, based on the short time many of this staff have been with the practice, the recent transition
to segregation of duties, and the fact that even those staff with a longer service history never clearly had
the expectations of their job performance outlined for them.

Technical/Photography
This is the area that needs our most immediate attention including major restructuring of workflow,
physical space, staff coverage, and determination of appropriate staff levels.

Charles Pappas, OD, the director of clinical services for BPEI, was on?site for a day and a half earlier
this month, many of his observations mirror my own. In addition he was able to validate that the
technicians throughput is similar to work volume in Miami, averaging approximately 20 patients per day,
per technician.

Work?ow Physical Space

As soon as possible, we need to address the workflow and physical space issues related to the technical
staff. The technician workstation is located outside the clinic, wasting a lot of time walking around the
clinic to get to the station. During his visit, Dr. Pappas roughly calculated that we could get as much as
6.5 hours of additional productive time per day from our team of technicians if this situation was
corrected.

With Dr. Pappas, we identi?ed an idea for incorporating a technical workstation into the current waiting
area. I would recommend we proceed with conceptual drawings for this area as soon as possible.

Staf?ng

While it appears that the practice has many ophthalmic technicians (there are 11 listed), the majority of
these perform other technical functions that make them unavailable for patient work-ups. or'example,
two of the technicians are trained as photographers. Every day, one of these technicians is assigned to
photography, and on the busiest days, two from the pool work in this capacity. When LASIK surgery is
performed, two technicians assist the surgeon.

There needs to be a great deal more cross training within this pool of staff. In fact, Marcia Mulholland,
the lead technician, and I already have identi?ed the staff to be cross trained, and have started the
process. In addition, many have limited back-up, bringing the ability to perform certain
functions to a stop if someone is on vacation or out sick. I have recommended that each function have a
minimum of three staff people who can pro?ciently perform the job. (Note: We also need to clarify
Marcia?s role, and allow her time to manage as well as being a working technician.)

Efforts also need to be made to adjust physician schedules and work days to more evenly distribute the
work load throughout the days and week. Marcia and I, just this past week, have written a list of ideas that
I plan to begin pursuing to help us achieve this goal.

Aging; the practice ismsing. Optometrist Marc Brockman as _a technician
39ng glmanage $221?More, than. half his.nme is. spent serving__ as. a techmc1an and. on. issues not related to
patient care functions that can be _more appropriately done _by_ others at a lower cost to the practice.

er?? 

Currently,. the- optometric patient volume .does not. require a full-time optometrist._

On most days, Dr. Brockman' 3 patient schedule is not at or near capacity. He performs many different
and important functions within the center. However, some of these can be absorbed by other positions

such as the practice manager and medical director. Others functions can be performed by a quali?ed
technician at approximately one-third of an optometric salary.

I recommend the practice consider employing a part?time optometrist who would focus purely in an
optometrist role supporting the LASIK practice, performing evaluations and post-op care and directly
generating revenue by seeing his/her own patients during scheduled work hours. Further, I suggest
hiring a part-time technician to assume the two to three days of technical support that Dr. Broclcman
has been giving to the technical pool.

Optical Shop

You should consider outsourcmg the Palm Beach Optical. Shop to an outside vendor, as we discussed last
Pappgsialso included in his visit summa r2). Your budget projections for FY 03 and FY 04
show the Optical Shop at a near break?even mark. Traditionally, Optical Shops within Ophthalmic
practices generate a positive revenue stream. Bascom Palmer should no longer take the risk for this
grgiceg It should conSIder outsourcmg this to a_ vendor who assumes all the risk. Meanwhile, you can
structure a deal that charges rent for the space and optical displays, and provides the opportunity to
transfer/sell the current stock to the vendor egmg?ajppsipiye eevetiuestrearp.

It is my understanding that in Miami, Bascom Palmer has chosen not to be in the Optical Business. I
suggest exploring the arrangements the hospital has with the vendor there and consider having that .
vendor be a bidder for Palm Beach. You might consider offering Nick Riehle, your current Optician,
the opportunity to bid on the contract. Nick is a seasoned professional, a former optical business owner
in New York, well liked and received by patients and staff. Currently there is no structured incentive for

him to sell any glasses or low vision aids.

Surgical Coordination
I suggest a desk audit be conducted through the UM HR department to determine if two people are
needed at Palm Beaches for surgical coordination.

Right now, the practice has two staff:

Char Lea Mostoller is the surgical coordinator for Palm Beach physician surgeries at Jupiter Hospital
and ABLEH. She also functions in a lead capacity at the front desk until the lead person comes into
work. In addition, her job description states that she is in charge of all insurance veri?cation, a
function she is performing for surgical patients only.

0 Joan Crownover is the LASIK Coordinator. LASIK volume is low so she too has multiple functions
such as coordinating refractive and other clinics that run out of the refractive area, and backing up
the front desk function.

I cannot suggest eliminating or reorganizing this position at this time because the ?edgling LASIK
service needs resources in place to give it the time and opportunity to be successful. However further
analysis of these two. positions will be appropriate to. determine. if two people are working to capacity

Rodgers, Coreen A



Cho?ef; Pagea?
9f). 
- I03

 

From: Gause, Vianca on behalf of Pappas, Charles, O.D.
Sent: Monday, April 07, 2003 3:25 PM

To: Rodgers, Coreen A

Subject: RE: thank you

Follow Up Flag: Follow up

Flag Status: Flagged

 

BPEI Miami
orkioad Comparison

@7 

Palm Beach Site Questions.Commen
Visit (April 

Charles Pappas, OD, FAAO

Director, Patient Clinic Services

Bascom Palmer lnstituteIAnne Bates Leach Hospital
University of Miami

900? NW 17?? Street

Miami, FL 33136

?3 305-326-6132

305-326-6417

cpappas@bpei.med.miami.edu

Message??

From: Rodgers, Coreen A

Sent: Monday, April 07, 2003 9:37 AM
To: Pappas, Charles, O.D.
Subject: RE: thank you

Thanks so much, that?s fantastic!

Have a great day,
Coreen

Original Message--?--

From: Gause, Vianoa On Behalf Of Pappas, Charles, O.D.

Sent: Monday, April 07, 2003 9:21 AM
To: Rodgers, Coreen A
Subject: RE: thank you

I thoroughly enjoyed the opportunity to observe the clinic operation and the time we spent together. I did
compile the data into a report while I was out and Vianoa is typing it this morning. You will receive it

before the day ends.

Charles

?Original Message-??-

From: Rodgers, Coreen A

Sent: Thursday, April 03, 2003 8:25 PM
To: Pappas, Charles, 0.0.

1

 

 p.

Subject: thank you

Hi Dr. Pappas,
We were so delighted you could join us in Palm Beach, and found your input to be so helpful and

meaningful. Thank you for taking the time to come up, join us for dinner, and to document your
analysis so thoroughly.

llene and I are working on restructuring in Palm Beach, and as you know budgets are looming
(actually, past due) and we have a real challenge on our hands. We hoped to really begin
documenting our plans next Tuesday. If it is possible for you to fonivard your summary, evaluation
and suggestions to us in an email or memo by Monday evening, it would be very useful to us. Any
and all suggestions are welcome.

Thank you again for your time and I enjoyed working with y0u! i look forward to working with you
more,

Coreen

 ?3



l. Clarify command and reporting lines
0 Who checks OT arrivals/start time, adjusts sick calls, daily adjustments,
controls lunch breaks and offers early leave for volunteers for no lunch on

busy middays?
- ClarifyDr. Brockman?s role andvalue to facility

1. New manager and lead technician will assume his supervisory
responsibilitieg.

2. There 13 no optometric training or educational component to
support at the facility

3. There is limited need for primary care services

4. Triage and gonioscopy functions could be rendered by the
ophthalmblogists

5. LVC may bene?t by an optometrist, but, volume is too low to
justify

6. Therefore, consider layoff at this time, unless he IS generating a

1' substant1al ?nancial contribution which 15 unlikely given his
small patient volume.
0 Clarify Marcia Mulholland?s role
0 Role of VF tech (topography, cultures) on 4-2 sitting in doorway (poor
appearance) of VF room serving as coordinator much of day; consider
upgrading training to serve as limited ophthalmic tech (interim hx, va, ta,
dilate) to support general operation on days when VFs are scheduled

2. Too much walking 4-ldue to location of chart holding room; easily loose 1-2 minutes per
pt 1 minute 186 (4- 3 hours or 2 minutes 186 (4-2) hours of lost
.time or almOst 1 FTE considering peak work. hours for 0T5 are 8:minus V2 hour for lunch= 6 5 hours)

3. Clinic coordinators remote from chart holding room, therefore are unaware of how many
charts waiting and for which doctor. Therefore, cannot assist in directing work ?ow and
cannOt advise patients of wait time before being called by OT.

4. .Need to create effective back waiting room work station to replace chart room; holds
charts for day, schedules, lensometers, other minor equipment, staffed by coordinators
with printer noti?cation of patient arrivals to eliminate 1ssues 3.

5. Technicians currently work at reasonable productive level considering front loaded
morning (4-1) 13.4 pts/OT AM vs 6.8 pts/OT and (4-2) 11.6 AM vs 8.6 PM. Absences
and vacations would compromise operation at this level of sta??mg.

- Consider decompressing AM by staggering busier schedulefstart times to
along with some tech start times; maybe 4 OTs depending
schedules of the day .

0 Look at volume levels to see if some schedules can be moved to another
less busy day

0 Move busy schedules to days when VFs usually scheduled and use
VF tech for f-u exams

ReconsidenLVC- schedule time, di?erent day or PM same day;

6. Reevaluate LVC support.
0 (4-1) 1 pt scheduled.(0.5% of workload) consumed 2 OTs of
technical resources in addition to having a dedicated coordinator. 

10.

11.

12.

?3 5 

0 Patient scheduled at 9:00 AM did not have surgery until 10:30. Evaluate use
of personnel during this time. Would seem one OT could have assisted
general clinic operation during this time when patients were waiting for OT.

0 Could coordinator assist general clinic by use of portable phone for LVC
calls: 

Limited use of back seating area; patients were standing midday, 4-1, in front seating
area.

Back area poorly monitored and faculty out of sight of coordinators

Role of study coordinator (Cousins)??

Reevaluate options to meet HIPAA standards for charts outside doctor?s door,
speci?cally, Dr. Rosenfeld pulling charts from boxes on chairs outside his exam room.
Lacks professional appearance.

Optical volume appeared low considering space allowance. Since pro?t 18 marginal or
negative considering space, remove or reduce size and contract out service to guarantee

positive cash contribution. Consider a satellite Miami Ocean Labs site

Visiting Miami technician ranked workload a 6 on a scale of 1-10, 10 being most dif?cult
when-comparing to her Miami BPEI workload. .

 a

Palm Beach Site Visit (4-1, 2-?03)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Charles Pappas, OD
Patients Scheduled
4-1-03 4-2-03
Faculty Volume Faculty Volume
. i AM PM TOTAL 7 7 AM PM TOTAL
Skolnick 24 15 39 Smiddy 34 24 58
Green?eld 35 15 50 Grimmett 22 16 38
Cousins 22 16 38 Skolnick Rosenfeld 33 16 49 Greenberg 19 15 34
Faculty Total 1 14 72 186 Faculty Total 1 13 84 1 97
Other Services Other Services
Brockmanl 2 3 5 Brockman 9 10 19
LVC (Lee) 1 (mg) 2 (even 3 Pre?Total 127 83 210 Total 125 96 221
1Reduced schedule to cover triage patients, RKS patients, faculty patient gonioscopy and faculty patient
work-ups
Staf?ng Levels/Workl?oads
4-1-03 4-2-03
- Staf?ng Patients . Pts/ OT Staf?ng Patients Pts/ OT

AM 8.51 114 13.4 9.752 113 11.6

AM 9.53 114 12.0 NA NA NA

PM 10.5"4 72 6.8 9.752 84 8.6

PM 11.186 20.25 AM PM 197 20.2
AM PM 186 18.335 NA NA NA

 

 

 

 

 

 

 

 

1 Normal full staf?ng level
2 Reduced 0.25 for pre?op patient care
3 Normal staf?ng level increased by CT from Miami
4Normal PM sta??ng level increased by two OTs from LVC
5 Workload for OTs working (PB. OTs)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BPEI Miami Workload Comparisons Jet-961' 1: 7
Faculty Patients No. OTs l??ts/OT
Scott 73 3 :f 24.31 
Dubovy 40 2 20
Smiddy 74 4 :33 
lRequired additional staff support to manage volume during course of day
Registration OT Interface
4-1-03 4-2-03
Time OTs Charts Charts'l Peoplez in 0T5 Waiting Charts People2 in
waiting for waiting 0T Regis. Line for Med Waiting for OT Regis. Line
Med for CT Record OT
Record
8:8:8:8:8:9:9:9:9:30 - - 9 0.95 0
9:9:10:12 9 0.95 6 - - 
10:10:11:11:1:35 0 9 0.95 - - -
12:2:2:Indirect measure of time patient waiting for OT call; estimate 1 chart 20 minutes
2 Estimate 2 people in line 1 patient
3 2-5 minutes before charts available to CT ?om registration; registration staff reduced

4 At 2:00 PM, 33 patients on schedule to arrive 33 patients/10.5 OTs, or 3 patients/OT, at 20 minutes per patient could have ended

day for work-ups at 3:00 PM

 

 

Dr. Brockman

Cost/Collection Summary Report

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Salary Calculation: 

Base Salary Bonus Total Salary CFB Rate CFB Cost Total Salary Cost
FY2002 84,376 6 500 84.878 27.80% 8 23,596 108,472
FY2003 5 89,438 9 - 89,438 25.50% 22,807 5 112,245
Fiscal Year #lnvolces Gross Charges - Payments/Collections' Actual CostoiEmployee Net Loss tothe Dept?
FY2002 20459 183361 71,511 108,472 (36,961)
FY2003 22199 231,920 90,343 112,245 8 (21,902)
Notes:

 

 

 

 

- Billing Activities

- Tech cost (had 1 full lime technician assigned to support)
- Rent and Utilities 

 

 

 

FY2002 collections/payments are estimated based on FY2003 real collection ratio. The old 5
The cost of the emplyee is the salary and CFB only. in addition to the salary/CFB cost the

- Administrative Support (HR, Management, Risk Management, etc.)

department also paid:

ystem has archived the data

 

 

 

 

CURRENT OPOMETRIC COVERAGE IN PALM BEACH

Her activities include:
- Sees only Refractive (Lasik) patients
- On Average sees 3-4 patients per visit
- Most visits are postop refractive follow-up
- We are adding a RKS schedule for her to
- All visits being done are non-billable and

 

 

Dr. Perez Blanco, Mari Carem currently visits Palm Beach 2 times per month:

start seeing Lasik patients as pre-screening/eligibility
generate no revenue and/or charges

 

 

 

 

 

 

i?
I

 

EYE INSTITUTE - - University ofMiami

. SCHOOL OF MEDIC
20. Box 016880 

Miami, FL 33101
April 23, 2003

,o 3
Marc E. Brockman 4? L5
Department of-Ophthalmology 

.. Dear Mr. Brockman:

. As you know, the University of Miami, Department of Ophthahnology has been re-
evaluating the structure and ?iture direction of the Palm Beach site. In addition, the
Department is facing additional budgetary constrains. As a result of these issues, your
position as Associate Director IV will be eliminated. I regret to inform you that you will

be placed on layoff status effective immediately. Any accrued vacation will be paid to
you in your last paycheck.

This letter provides you with the written noti?cation as required by the University
policies and procedures as set forth in the Administrative/Professional employee manual.
You will receive 2 months pay in lieu of notice in your ?nal paycheck.

It is our hope that by working with the Of?ce of aculty/Professional Affairs that you can
?nd suitable options for other employment. We expect that you Will receive a letter from
Human Resources outlining rehiring options and a letter from the Bene?tsAdministration
Of?ce on bene?t Options. If you do not receive these letters, we urge you to contact these
of?ces.

Please return all University of Miami property (such as access cards and keys) to Ms.
Gloria Lasso today in order to expedite the clearance of your ?nal check.

We assure you that your services to the University of Miami are greatly appreciated. We
have enjoyed working with you and hope that you will succeed in all future endeavors
and use this opportunity to maximize your ?iture potential and success. Please feel free
to call the Of?ce of acuity/Professional Affairs to discuss this situation and any 
questions you may have about these changes. 

SincerelyCoreen Rodgers r. Yunhee Lee -
Sr. Administrator Interim Medical Director

Cc: Faculty/Professional Affairs 

 

Anne Bates Leach Hospital 900 NW 17th Street Miami, Florida 33156 (505) 526-6000 Toll Free (800) 529?7000
Evelyn F. William L. McKnight Vision Research Center 1638 NW 10th Avenue Miami, FL 35156 (305) 326-6031
iascom Palmer Institute of the Palm Beaches 7108 Fairway Drive, Suite 340 Palm. Beach Gardens, FL 33418 (561) 515-1500