INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 RICHARD METCALF, COUNTY SHERIFF OF 15, et ERIE, TIMOTHY August SR. al. HOWARD 2017 METSCHL A N D A S S O C I A T E S • LE6ALVIDIO 5ERVKES (0URTREPORTER5 Buffalo, NY: 716 856-1906 Rochester, NY: 585 697-0969 Toll Free: 800 397-17% Min- U-Scrip/O«with vs fVord Jndex FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 INDEX NO. 803449/2013 RECEIVED NYSCEF: 01/04/2018 INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 1 STATE 2 SUPREME COURT: RICHARD RICHARD METCALF, SR. METCALF, JR., OF NEW YORK COUNTY OF ERIE 3 4 5 6 as Administrator of Estate the of Plaintiff, 7 vs. #803449/2013 Index 8 10 COUNTY ERIE OF ERIE COUNTY SHERIFF'S DEE ROBERT 11 MATTHEW CROSS SCOTT EVANS 9 12 13 14 MICHAEL MATTHEW EDWARD DEPARTMENT ANDERSON O' CONNELL KAWALEK ROBERT STATES SCOTT EMERLING RICHARD FRYS, Defendants. 15 16 17 Videotaped 18 19 SHERIFF 20 Civil 21 MATHIAS 22 1700, 23 9:48 TIMOTHY Practice WEXLER HOWARD, Law before and York, Debra METSCHL Buffalo: before held 716-856-1906 in LLP, on Doron, Trial pursuant Rules, FRIEDMAN, New Buffalo, a.m. Examination the 50 Tuesday, RPR, of to Article 31 of law offices of LIPPES Fountain August Notary 8 ASSOCIATES Rochester: 585-697-0969 Plaza, 15, Public. the Suite 2017 at †INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 APPEARANCES: 2 BROWN CHIARI By: TIMOTHY 2470 Walden Cheektowaga,New 3 4 M. ESQ. HUDSON, Avenue York 14225 — 681-7190 (716) thudson@brownchiari.com 5 for: Appearing Plaintiff, LLP and WEXLER FRIEDMAN MATHIAS ESQ. JENNIFER C. PERSICO, Fountain Plaza LIPPES By: 50 Suite 8 9 10 12 13 (716) 853-5100 (716) 853-5100 jpersico@lippes.com Jl ZX jblenk@lippes.com for: Richard of County Scott Department, O' O'Connell, Evans, Edward Sheriff's Matthew County Anderson, Robert Kawalek, PERSONIUS LLC MELBER, BRIAN M. MELBER, Main Street 350 Scott States, Emerling ESQ. 2100 York New Buffalo, (716) 16 Erie Erie, Michael Frys, Suite 15 ESQ. BLENK, 14202-2216 York x350 x351 New Buffalo, By: 14 P. 1700 Appearing 11 JAMES 14202 ext. 855-1050, 102 bmm@personiusmelber.com . Robert for: Appearing Dee, 17 BENGERT 18 By: 2655 19 6 Tonawanda, (716) LLP DEMARCO, STEVEN Sheridan B. ESQ. BENGART, Drive New York and AMANDA C. TOWNSEND, 14150 838-4600 20 sbengart@bengartdemarcolaw.com 21 atownsend@bengartdemarcolaw.com Matthew for: Appearing Cross. 22 Also present: Alec D. Jr., Pinterpe, videographer 23 __ _ METSCHL Buffalo: 716-856-1906 _ __ 8 ASSOCIATES Rochester: 585-697-0969 __ _ ESQ. INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 3 INDEX 1 2 - WITNESS SHERIFF TIMOTHY HOWARD 3 THE 4 EXAMINED 5 MR. HUDSON........................................ 6 MS. PERSICO....................................... 102 7 MR. HUDSON........................................ 104 8 MS. PERSICO....................................... 105 9 MR. HUDSON........................................ BY PAGE 6 .................. .. .... 106 .................. 10 EXHIBITS 11 b 12 FOR (Retained by 13 DEPOSITION 14 Exhibit 190 Collective 15 Exhibit 191 Document............................ 16 Exhibit 192 Draft counsel.) IDENTIFICATION PAGE bargaining agreement agreement..... 21 32 with the Buffalo ... 56 Bills 17 18 19 20 DOCUMENTS REQUESTED 21 PAGE (No documents requested. ) 22 23 METSCHL Buffalo: 716-856-1906 8 ASSOCIATES Rochester: 585-697-0969 INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 THE REPORTER: 2 MS. PERSICO: 3 THE VIDEOGRAPHER: 4 performance, 5 placed 6 resting 7 in 8 performance 9 intelligibly. the mouth microphone 11 guarantee 12 whispers 13 be 14 record on unless is Today 9:48. The location 17 York. The name 18 Administrator 19 plaintiff, 20 Sheriff's 21 Evans, parties 22 Kawalek, 23 defendants. of the versus Robert Lippes Mathias this case of Richard County of Erie, Counsel 716-856-1906 Any record the go not may off time The in as Metcalf, Jr., County Matthew introduce 585-697-0969 is New Buffalo, Metcalf, Emerling, the so. 2017. 8 ASSOCIATES Rochester: will Cross, O' O'Connell, Matthew please trial. Erie Dee, Scott of Richard is Estate States, turn do to is Anderson, cause will 15th, Robert METSCHL Buffalo: agree hands your voice in for August Department, Michael intended papers, mic's may time have I or holding the We where hand your videotape. Tuesday, 16 or the not the all your phones at comments recorded with Speaking edit worn be record smart clean or audio reduce to ability sign. must hands, interference. a best will Active 10 the mic your in your and and microphone chin of front Read For Covering your 15 Usual. your it. stipulations? Usual Scott Edward Richard themselves Frys, and INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 5 1 who represent. they 2 MR. Chiari 3 Brown 4 Richard on MS. Mathias 7 Erie and 8 than Sergeants Wexler 14 from Estate the plaintiff, of and of the named of County other deputies Cross. Bengert Bengert, 6 Demarco, Cross. Brian Robert HUDSON: Lippes from behalf individually Steven MELBER: MR. on Matthew Defendant 13 the Dee of MR. 11 of BENGERT: behalf for the Persico Friedman all MR. 9 12 of Jennifer PERSICO: 6 on behalf Hudson Timothy Metcalf. 5 10 morning. Good HUDSON: from Melber Melber Personius Dee. court The reporter now will swear witness. the 15 16 17 the (Whereupon, entered into 18 It 19 for the 20 referee 21 transcript 22 form 23 trial.) is by respective parties is that waived, the waived, questions, METSCHL Buffalo: parties: stipulated hereby are of respective the 716-856-1906 were stipulations following by that and between the oath and filing and all are reserved counsel certification of except objections, until & ASSOCIATES Rochester: the of 585-697-0969 the the as time of to the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 Whereupon, 2 New 3 follows: York SHERIFF 14202, TIMOTHY been having 10 HOWARD, Delaware called duly and Avenue, Buffalo, testified sworn, as 4 5 6 EXAMINATION Q. BY MR. Good but 8 plaintiff 9 Sheriff again, 11 A. I 12 Q. Have 13 A. Yes. 14 Q. Okay. 15 A. Yes. 16 Q. If, of All 21 that 22 A. Yes. 23 Q. All Timothy Hudson. I'm and you met off I record, represent sheriff the you to referring elected the the of as the Erie? at deposition you So rephrase Q. We action, Are given you 18 20 Howard. am. questions, Yes. is this Howard. 17 A. name my in County 19 Sheriff morning, 7 10 HUDSON: point any me oath? you deposition, and know I'll do my have any best to okay? it, you let under re this during please right. you' understand sir? before, testimony If you understood right. And Buffalo: 716-856-1906 answer METSCHL question, I'll endurance test. presume okay? it, it's a not in 8 ASSOCIATES Rochester: 585-697-0969 If you INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 7 need 1 a 2 A. Yes. 3 Q. Otherwise 4 A. Yes. 5 Q. Sheriff, 7 A. Since 8 Q. And before did you 9 11 A. I that you' have you of January been the did 2006, position a of you within the of County undersheriff the all re okay? right, the elected hold any 2006. 1st, hold okay? know, County? January was long Erie department 10 how for of me let assume I'll sheriff 6 just break, other -- sheriff's Erie? for the Erie County Sheriff's here today, sir? I 12 Off you 13 Q. Are 14 A. Yes. 15 Q. Who 16 A. Sitting 17 Q. Okay. 19 A. I 20 Q. And your did A. I 23 Q. When me, Jen. review you here testimony documents any in preparation for sir? today, not. "documents," by 22 to Did public 21 counsel by attorney? next did Gal!Liean. represented is your 18 SheÈff under â include I photographs or any documents. not did review you any first METSCHL Buffalo: 716-856-1906 documents. learn you'd be asked 8 ASSOCIATES Rochester: 585-697-0969 to give INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 2 A. I 3 Q. Was 4 A. I 5 6 in testimony Q. 7 within it the called for you within year? last the learned first I -- of or that I'd case. this don't -- last when recall don't And sir? case, recall. don't be this whether recall within was if the last year. 8 A. No. 9 Q. Sir, how for Sheriff 10 11 A. 7 12 Q. Were 13 A. Yes. 15 Q. And 1/2 the before 16 Gallivan, 17 Erie you served did 18 A. No other 19 Q. Is it 20 now 21 position 23 Q. Before undersheriff 1/2-year serve undersheriff as to in to you sheriff, within you have be served 716-856-1906 Sheriff to position sheriff's that aside held no say METSCHL Buffalo: other any the the would that Gallivan within the Department? position accurate undersheriff as hold you Sheriff to period? Sheriff's County Yes, only 7 that A. you years. you 22 did Gallivan? during 14 long Erie County office. from -- position and undersheriff Sheriff's no other Office? accurate. as undersheriff to & ASSOCIATES Rochester: 585-697-0969 Sheriff Gallivan, INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 9 1 2 A. what, if any, I in a was 3 State 4 time 5 and about 6 half, a 7 Q. 8 9 A. Police? as I And 6pon then 13 Police, 14 undersheriff A. Yes. 16 Q. And 17 A. January 18 Q. Sir, in 20 one 21 training, 22 fourth 23 So of when Erie year was you we' I'm of Gowanda. -- within and New the then then captain, from the went to major, New work York State as the to a sir? you claims of limited action in retraining. the my questions 8 ASSOCIATES Rochester: court questions negligent of and limiting 716-856-1906 pursuant today asking METSCHL Buffalo: year inspector. that, here re plaintiff's be a about Eden, County? supervision, I'll staff a of investigator, then as for an Town of 1998. -- cause with then trooper, that and order, hold retirement 1st, I'm 19 you for Village lieutenant, your what -- York period short the hold? New the a in half the retired is 15 a then and a in did started 11 Q. patrolman York patrolman a and for you did within and years, that, year a positions sergeant, 12 to 24 positions positions of for prior 10 enforcement variety Police What I law regarding hiring, It's plaintiff's pursuant 585-697-0969 the complaint. to the order a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 I 1 to 2 A. those areas MR. I HUDSON: 4 plaintiff is reserving 5 questions at another 6 MS. PERSICO: 7 MR. HUDSON: BY MR. 9 when Sheriff, 10 any 11 Erie to You on put his can record the rights to the sheriff. of day ask further your reserve that rights. Okay. you County 13 Q. And what role, 14 the Erie County 15 undersheriff 17 if to supervision did undersheriff, duties with respect play with when you have you to the Center? Holding Yess The as or A. A. served responsibilities 12 did any, you Holding Center Sheriff Gallivan? of superintendent the respect to served as that of facility. 18 Q. Who was Center 19 superintendent the when you 20 MS. PERSICO: 21 MR. HUDSON: sheriff 22 23 want HUDSON: Q. 16 sir? right, Yes. 3 8 All today. BY MR. can tell of were Well, Erie you if about talking it changed me. HUDSON: METSCHL Buffalo: 716-856-1906 County Holding undersheriff? the Are the & ASSOCIATES Rochester: 585-697-0969 in over 1998? time, the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 11 1 Q. 2 who But superintendents the were period, sir? Bob 3 A. So 4 Q. Besides Koch individuals 6 facility? A. Not 8 Q. Sheriff Koch I Gipson. McCarthy -- or employed that 7 and Mr. 5 and as Mr. the were Gipson, other any superintendent of the recall. you' Howard, compensated re for your job as the sheriff? 9 10 A. Yes. 11 Q. Do 12 A. Yes 13 Q. And from 14 A. The New York state 15 Q. Are you paid weekly, 16 A. Biweekly. 17 Q. By County of 18 A. Yes. 19 Q. And 20 you the at County 21 A. I 22 Q. Sheriff, 23 that during receive a whom the of end do salary? you receive -- or a Erie paycheck? taxpayers. County biweekly? Erie? of each year do you get a W-2 from Erie? do. the sheriff's department METSCHL Buffalo: department sheriff's 716-856-1906 -- organized? 8 ASSOCIATES Rochester: 585-697-0969 how is the the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 A. It's 2 the sheriff's office. MS. PERSICO: Let ahead 3 and 4 not 6 member 7 answers 8 undersheriff, 9 division 10 11 12 a objection. Go WITNESS: It The department. of the to is sheriff under and with chiefs the sheriff is undersheriff are divisions different ranking people the by the It's highest the is Under people. office. elected I'm office. the sheriff's the of and the various the office. BY MR. HUDSON: Q. And office 14 Center? 15 A. It's 16 Q. And if what, 13 18 A. Yes. 19 Q. And 20 A. Yes. 21 Q. Is to you were superintendent 22 A. It is or headed by a -- METSCHL Buffalo: in in 716-856-1906 you that November sheriff the Holding County structure place in Erie sheriff's the division. of 2012? 2012. division management jail the the organizational the was of management jail the within department any, oversight has testified 17 23 form a answer. THE 5 make me headed by a chief? the chief of the division & ASSOCIATES Rochester: 585-697-0969 is the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 13 1 yes. superintendent, superintendent 2 Q. And is 3 A. The superintendent, 4 Q. Who employs 6 A. I 7 Q. You 8 A. As 9 Q. Could by Erie County? no. the management jail division do. the explain MS. PERSICO: answer it. I MR. Erie County, that to Form. 'THE' WITNESS".:'I'm' WITNE S the jail HE 12 BY of sheriff you can 11 personally? do, 10 14 employed superintendent? 5 13 the I sir? me, you If no I'di do. re s understand I do iiriderstand HUDSON: Q. Does receive 15 a division management superintendent paycheck? does. 16 A. He 17 Q. Okay. 18 A. I 19 Q. Who 20 A. I 21 Q. Do 22 A. He's 23 Q. But Do you sign his paycheck? paycheck? his not. do signs don't know. know you paid you if with don't he's paid Erie County know METSCHL Buffalo: 716-856-1906 who Erie by County? taxpayer provides money. the paycheck? 8 ASSOCIATES Rochester: 585-697-0969 it, you it. INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 A. Within Erie 2 Q. Okay. Do 3 I County you do an have A. Yes. 5 Q. And 6 A. No. 7 Q. Okay. is for 9 Office? A. No. 11 Q. Who 12 that Do 8 10 account A. I 14 Q. But 15 A. 16 Q. : you has control within over control, payroll County payroll the accounts accounts Sheriff's of the of Erie Office? Sheriff's know. don't it's not you? correct. it within someone Erie PERSICO: Form. 18 THE WITNESS: Yes. MR. any Erie the MS. BY over control 17 21 you that account? have personnel That's Is payroll a any County 13 20 know. sheriff? 4 19 not government? County Go ahead. HUDSON: Q. Is it within someone branch executive the government? County 22 MS. PERSICO: Form. 23 THE WITNESS: I METSCHL Buffalo: 716-856-1906 don ' t know . 8 ASSOCIATES Rochester: 585-697-0969 Erie INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 15 1 BY MR. 2 HUDSON: Q. 3 Is superintendent the civil 4 A. That 5 Q. And of position is is -- there that it's 7 hire or 8 position 9 division? not not civil what civil of PERSICO: Form. 11 THE WITNESS: As the I sheriff, fact ability to holding the management jail the the appoint can and rminat BY MR. 14 HUDSON: Q. With or cause? without 15 MR. BENGART: Objection 16 THE WITNESS: Yes. BY MR. 18 Q. So it's non-civil 20 office. a personal service decision positions 21 MS. PERSICO: Form. 22 THE WITNESS: I'm BY MR. as form. to HUDSON: 19 23 your on individuals superintendent of does any, have terminate MS. 17 if service or appoint service. effect, 10 13 division management jail service? 6 12 the you that within have the sorry. HUDSON: METSCHL Buffalo: 716-856-1906 8 ASSOCIATES Rochester: 585-697-0969 over sheriff's the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 1 RECEIVED NYSCEF: 01/04/2018 Q. I'm 2 non-civil 3 office with A. That is 5 Q. And that's 6 A. Yes. 7 Q. Let me with respect Are without cause, the Erie County there are Q. And 13 service 14 sir? 15 A. Yes. 16 Q. Are service 18 civil 19 sheriff'.s 20 A. No. 21 Q. What the the sheriff's the you the service and with fire, within positions Department? positions strike that me is there that number the Do that. civil are office; for positions service hire to able civil estimate well, service civil the sheriff's the to make? to numerous able -- to Sheriff's within you 17 23 ask or 12 fire cause. decision 9 No. or hire within positions your sir. A. to ability correct. positions, 11 the without or 8 10 have service 4 22 You sorry. you civil of know currently true, are how many within office? positions hold sheriff's MS. service protection office? PERSICO: METSCHL Buffalo: civil 716-856-1906 Form. 8 ASSOCIATES Rochester: 585-697-0969 within the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 17 1 2 BY MR. 3 Q. Are 5 County? within the hold below. They're employees of the 7 Q. They're employees of you, 8 A. They're -- 10 11 the 12 Coun MS. PERSICO: Form. THE WITNESS: They're title ÊÒheri MR. 13 14 me, Erie of employees and Erie of Sheriff. County personally? employees or the of whoever position of holds Erie you Could read answer that back to please? THE read WITNESS: as requested.) The employees Let him of the sheriff's -- office MR. captain of . f (Record 17 Erie County HUDSON: 15 16 positions office A. BY and the sheriff's 6 9 HUDSON: Q. -- I'm Sheriff, 20 MS. 21 understand 22 was 23 who individuals below 19 captain HUDSON: 4 18 From WITNESS: THE just THE PERSICO: where a your confusion question. the is, I think but I the sheriff' that -- WITNESS: METSCHL Buffalo: answer 716-856-1906 The employees of 8 ASSOCIATES Rochester: 585-697-0969 s INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 office 2 Erie MR. 4 Could HUDSON: (Record BY MR. read to your 7 referred -- strike 8 assertion that 9 sheriff's office Q. 10 11 13 you as office the answer? of requested.) have the You civil service Object THE WITNESS: The of to have or disagree employees employees are you would that. PERSICO: Erie the you ever with an of the County. You form. can BY question do I with disagree HUDSON: MR. Yeah. 16 A. I 17 Q. You do. 18 the deputies 19 do. you Would with disagree in the co-employees of Erie 20 MS. PERSICO: Form. 21 THE WITNESS: I BY is statement? that Q. 23 back read knowledge, MS. 15 22 the answer. 12 14 holds HUDSON: Sheriff, 6 whoever of Sheriff. County 3 5 employees are service civil the of County? would not. HUDSON: MR. Q. You would not disagree METSCHL Buffalo: 716-856-1906 with that. & ASSOCIATES Rochester: 585-697-0969 statement Erie that County are INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 19 1 A. To 2 Q. Okay. -- to some So deputies 3 limits accurate it's with MS. PERSICO: Form. 5 THE WITNESS: Yes. BY MR. 7 say co-employees are yes. not, to 4 6 would I sheriff's that the Erie County. HUDSON: Q. And in -- fact 8 employees 9 union? of the well, sheriff's the office that.a 10 MS. PERSICO: Is 11 MR. HUDSON: Yeah. 12 ÑIS DERS -- service civil the represented are by question? I 13 14 CO• BY MR. as a HUDSON: Q. agree You'd MR. HUDSON: 17 MS. PERSICO: BY MR. -- sheriff's the 16 19 it question. 15 18 rephrasei you on't Why did I phrase sounded It it as like a a question. statement me. to HUDSON: Q. 20 you Would the 21 A. Yes. 22 Q. And 23 A. In agree office sheriff's that's that the Teamsters service the civil are represented Union. part. METSCHL Buffalo: 716-856-1906 8 ASSOCIATES Rochester: 585-697-0969 employees by a union? of a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 1 RECEIVED NYSCEF: 01/04/2018 Q. Okay. employees 2 3 A. AFSCME, 4 Q. Okay. -- the 6 AFSCME A. The 8 Q. So 9 which 11 Q. And Q. And 16 A. 17 18 CSEA the Q. nurses 20 CSEA 21 A. No. 22 Q. Who 23 A. Who? turn. Who office are does -- some the some maintenance, which represents employees rt and the which represent yes. cooks, of r correctional office sheriff's the r officers. employees the of office? some Center AFSCME? Teamsters the civilian 19 by secretaries Some The within office? sheriff's 15 in sheriff's the workers and sheriff's 14 of those workers. represented Maintenance Some through employees maintenance the A. A. service represent? 10 13 civil office? go to like maintenance are 12 sheriff's the the CSEA. I'd 5 7 of represent unions other What employees in the and the not represents Erie at County Jail, the division. Erie they're them? 716-856-1906 8 ASSOCIATES Rochester: and staff security Teamsters? the METSCHL Buffalo: the management jail officers correctional or and 585-697-0969 County Holding represented by INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 21 Which 1 Q. Yes. 2 A. I'm sorry, 3 Q. The correctional Center 4 5 A. 6 Q. 9 10 represents them? A. The Teamsters, 264. Q. What if more MR. did any, with contract —MS. 13 County Holding officers at the jail management you play with the Erie County a negotiating Teamsters? the You're Form. PERSICOz division, to egoing have to be specific. HUDSON: Q. Did you with 16 17 A. Not 18 Q. Is the there a current with at the at role all in contract a negotiating Teamsters? recall. 20 I any I personnel A. have that 19 23 sheriffs role, union BY in who 12 22 Erie Jail. correctional no the at County deputy 11 21 Erie The 8 15 the are who? officers and There represents who Jail. 7 14 union? the union management jail Teamsters contract at this the governing division in existence time? know. don't MR. (Whereupon, Will HUDSON: a collective METSCHL Buffalo: 716-856-1906 you mark bargaining this document. agreement & ASSOCIATES Rochester: 585-697-0969 was INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 received 1 2 BY MR. 3 Q. Sheriff we' we've 5 look for 190 Exhibit 7 I'm Howard, marked at 6 identification.) Exhibit as you show to going ask and 190, document a you to that a take sir. it, MS. PERSICO: MR. HUDSON: You want him to read can take whole the thing? 8 familiarize 9 10 can BY MR. look you Well, however yourself, MS. 11 13 marked HUDSON: 4 12 and PERSICO: Why through ask you a and time needs he long don't your -- to question he and it. HUDSON: Q. 14 you Have A. Yes. 16 Q. Okay. 17 A. Yes. 18 Q. Is the 19 collective 20 Erie 21 Teamsters 22 A. No. 23 Q. Okay. and the with document we' we've Local Was there County 716-856-1906 marked Sheriff's 190, between the current the County Department and 264? a METSCHL Buffalo: it? agreement Erie collective that Sheriff? before, bargaining seen ever you familiar You're that, have agreement bargaining 15 -- ever more recent collective 8 ASSOCIATES Rochester: 585-697-0969 bargaining of the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 23 1 agreement 2 the 3 264? 4 A. Not 5 Q. When Erie County that I you 6 bargaining 7 other 8 the 9 Department, 10 A. No. 11 Q. Is 12 A. Yes. 14 Q. When 15 A. The 16 Q. To end your operating 19 that 21 can 22 BY MR. by of any between and collective this is not in be in effect? is the presently? effect marked MS. PERSICO: answer it. THE WITNESS: and provision the as To the of Exhibit Erie Local the you 716-856-1906 the Erie 264 expired some understand degree. HUDSON: METSCHL and contract 190? If Form. of County Department under Buffalo: aware Sheriff's County that to you 264? Local knowledge, we' we've are Erie collective 2016. Sheriff's 18 the cease of Erie, Local the current agreement understanding it and the effect, the agreement did County in Erie, and your it not is bargaining of of County Department, this agreement County the of. collective 17 20 Sheriff's that say between and by know bargaliting 13 23 entered 8 ASSOCIATES Rochester: 585-697-0969 it, you INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 Q. 2 3 A. And to expired contract? I know. don't 4 5 6 MR. BY MR. degree what are BENGART: parties the under operating the Form. HUDSON: Q. 7 Are you aware under operating 8 A. I 9 Q. The don't degree what to are not contract? expired the parties the know. collective 10 Sheriff, as Exhibit 11 November of 2012, Yes. 13 Q. Turning to 14 as Sheriff. 15 purpose, 16 ask 17 entered 18 Erie 19 hereinafter 20 Local 21 Chauffeurs, Warehousemen, 22 hereinafter referred 23 purpose, I'm if into of 1 this the referred the promotion METSCHL 716-856-1906 marked, in the -- the first the of to as of and York the and co-employers, union," harmonious 8 ASSOCIATES 585-697-0969 Teamsters and of Helpers "the Rochester: here agreement New Brotherhood and of statement "employer," as marked sentence Erie, Department, to we' we've "This County International 264, effect that correctly. Sheriff's County Buffalo: read to going by in was agreement the Sheriff, read I've we' we've that correct? A. page that 190, 12 190, agreement bargaining Teamsters, of America has, relations as are its between INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 25 employer 1 the 2 equitable 3 differences, 4 hours 5 period. and and Did A. Yes. 7 Q. Turning I other collective Mark Mary Hall; is correct? 12 Q. AncDÂir, 13 in 14 were that co-employees of 15 MR. BENGART: Form. 16 THE WITNESS: According 17 BY MR. 18 Q. And that was your MS. PERSICO: 20 MR. HUDSON: 21 23 to and contract the by of The Poloncarz, the Local Erie? the yes. contract, MR. as understanding, You Form. And he said well. asked just HUDSON: Q. And that was your METSCHL Buffalo: 716-856-1906 understanding, as well? 8 ASSOCIATES Rochester: him to according yes. contract, BY hen County pay, HUDSON: 19 22 Mark represented the of agreement bargaining that of sir. document, Wipperman, employees the effect, the disagree don you sir? the Palmer, Yes. employment," of David A. of page were 11 conditions last 9 10 rates correctly, an resolution of that signatories of the establishments 8 to for read the to procedure the and work, establishment the union, peaceful and of 6 the 585-697-0969 that. the was 264 INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 A. It 2 Q. The 3 is. deputies they receive do. 4 A. They 5 Q. And 6 A. Yes. 7 Q. 8 9 who receive From the County A. From Erie Q. Not 10 A. Correct. 11 Q. You 12 A. I 13 Q. You 14 A. No. 15 Q. And 16 A. Correct. 17 Q. And sir, 18 you didn't 19 service don't not. do don't you of personally. you, do withholdings. personal their r II do their didn't in with 2012? respect have r FICA? to reporting to the employees your at 21 THE WITNESS: Correct. prior to service civil the to ability Form. 23 yes. government, County PERSICO: MR. 264, Erie? MS. BY Local W-2s? 20 22 the by paychecks? they from represented are hire or did pleasure, employees, fire civil you? HUDSON: Q. Sir, and METSCHL Buffalo: 716-856-1906 as of 2012, how were & ASSOCIATES Rochester: 585-697-0969 new deputies do INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 27 hired 1 in did 2 A. I 3 Q. Prior hear not 5 A. Which 6 Q. New 7 A. Other as hired than 9 hired -- off of personnel within 12 investiga ion 13 Erie employees, 16 sheriff's In 19 A. Yes. 20 Q. And how service that and service civil they background within of the then are hired. new within employees, an supervisory a decision hiring are submit personnel Office, ultimate new by by civil a they office, conducted have They sheriff's the the list. interviewed are -- are service, service civil is employees. the department? sheriff 2012, who or did made designee. my you have the hiring a designee? decisions within department? 21 were department? civil Sheriff's makes 15 Q. question. 2012, sheriff's civil they County Who 18 the employees a 11 The by that of noncompetitive application, A. November those 10 17 of new employees, service Q. of beginning employees? 8 14 department? the and to employees 4 sheriff's the 22 A. The undersheriff. 23 Q. Who was the undersheriff METSCHL Buffalo: 716-856-1906 in 8 2012? ASSOCIATES Rochester: 585-697-0969 the sheriff's INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 A. Mark 2 Q. And 3 A. Yes. 4 Q. For 5 A. I 6 Q. Did 7 A. No. 8 Q. Was Wipperman. is how don't 10 A. No. 11 Q. Who 12 A. I 13 Q. Who 14 A. Richard 15 Q. And 16 A. From 17 Wipperman has Mr. Mr. Wipperman? undersheriff? served as before you became Mr. Wipperman? know. you hire Mr. Wipperman undersheriff sheriff? hired Wipperman Mr. to undersheriff? be did. r It"t undersheriff was before you hired Donovan. when did when I Donovan Mr. became serve in sheriff, undersheriff? as 2005, until 2006, retired. Q. Have you -- has anyone undersheriff 19 County 20 Wipperman 21 A. No. 22 Q. Has there has not 23 undersheriff? the currently long elected 9 18 he besides since been been 2005 a filled 716-856-1906 or the position Mr. Donovan of and Erie Mr. 2006? period METSCHL Buffalo: held of since time 2005, where 2006? & ASSOCIATES Rochester: 585-697-0969 that position he INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 29 1 A. Not 2 Q. Sir, I that did come prior a 4 Commission 5 employ 6 management there 2012 when the New mandated that of 2000 corrections the York county within officers come jail the division? MS. PERSICO: Can question. 9 did in Corrections on -- point a November to additional 7 10 there point 3 8 recall. I'm go we MR. HUDSON: MS. PERSICO: off want for -- to that to record the I No, object to going minute? a want I to keep going. 11 12 what 13 training? Éoes 14 directly 16 training, hãve that to 18 who 19 asking 20 directive, 21 employment, 22 coloring 23 order does with. does .-- the It's and it's who the Well, employment, whether about but so or you' I outside does the question a to going really it's a go COC to -- the lines of what METSCHL 716-856-1906 8 ASSOCIATES Rochester: 585-697-0969 a question of you' -- was about talking understand don't not question the not not re of it's was. Buffalo: -- have that well. PERSICO: MS. d employment, as 17 t-o how Well, Employment. HUDSON: MR. 15 Okay. who I think the made did you' judge's of re a the re INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 MR. HUDSON: 2 MR. BENGART: I 3 MS. PERSICO: Can 4 I disagree. would read (Record 6 MS. 7 that PERSICO: HUDSON: Mark 9 MS. PERSICO: We 10 want 11 judge? to till wait 12 MR. HUDSON: Okay. 13 MS. PERSICO: I'm HUDSON: Well, going to object it now to -- it? either can pile we still I'm can we MR. resolve bunch a up II t call you the I your What's you. asking to or preference? 14 15 MR. 16 I answer. want 17 MS. PERSICO: 18 MR. HUDSON: MS. PERSICO: to you' keep re going Okay. not here. Let's You're him instructing keep instructing going. him not to I'm not saying answer. 19 20 23 back question the requested.) Yeah, so question, as 8 22 hear we that. again? 5 21 in join BY MR. I am. HUDSON: Q. Are you MS. accepting PERSICO: METSCHL Buffalo: 716-856-1906 that Of instruction? course he is. 8 ASSOCIATES Rochester: 585-697-0969 to INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 31 you 1 that 2 we' 3 argument, 4 appropriate 5 BY MR. 6 re Q. that and we that's that for let 8 sheriff's not can 10 11 MR . Q. to you this questions those the of are not MS. PERSICO: answer it. THE WITNESS: Form. In personnel within did 2012, the you If understand you it, Yes. that During did time, to ability you feel that the additional employ PERSICO: Form. 16 THE WITNESS: Yes. MR. Sheriff. way, department? MS. 18 -- transcript the additional employ 15 BY have that saying HUDSON··: your 14 17 I'm question. deposition. this ask me seek 9 13 ask clear, very Well, you BY never HUDSON: 7 12 can county limited personnel? HUDSON: Q. 19 How did to employ 20 A. In providing 21 Q. In 2012, 22 provide 23 division, you feel additional pay in county your ability slots. you additional felt that personnel you METSCHL 716-856-1906 limited personnel? fact, did Buffalo: the that in you were mandated the jail management not? 8 ASSOCIATES Rochester: 585-697-0969 to INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 MS. PERSICO: Form. 2 THE WITNESS: I 3 MR. HUDSON: I'd 4 5 191 for 6 7 8 MR. Q. PERSICO: in Sheriff, there is Okay, of February to testimony marked Exhibit a question? Erie the Fiscal County remember you do 2013, giving Stability Authority? 10 11 A. No. 12 Q. If 13 you turn to A. Yes. 15 Q. Do you was 17 management 18 MS. some question 20 about the 2012 time 2013 to within overtime about PERSICO: I'm Form. and relevance, there frame, jail the going are you to going object to to ask this him document? MR. HUDSON: MS. PERSICO: I'm going to be asking Go ahead. document. METSCHL Buffalo: Board? Stability County division? on this 21 dispute Erie the gC> ecall ever you do sir, 18, in remember, 16 19 page before testifying 14 23 and HUDSON: 9 22 received was document. a identification.) MS. BY mark to like document a (Whereupon, recall. don't 716-856-1906 All right. 8 ASSOCIATES Rochester: 585-697-0969 about this INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 33 1 MR. 2 5 THE BY as read question the back? requested.) No. WITNESS: HUDSON: MR. Q. 6 During asking the county to that time frame, A. No. 8 Q. During 10 that Okay. 7 9 being raised about overtime 11 A. No. 12 Q. Sir Authority, 14 promised 15 discretion 16 mandate 17 tell ou HUDSON: 20 MS. PERSICO: 23 supposed management ·County iseal County division? Stability is county do. not that, an end I'm sheriff the MR. stipulated would Erie jail the news, it PERSICO: 19 22 good what doing it county's the It's although mine, concern any legal it's a that and now." instruct take Erie personnel? remember within the remember jail officials the do to you do you do sir, additional at state the frame, hire costs "The MS. 21 time other by dÈd 13 18 you read (Record 3 4 Could HUDSON: On of 716-856-1906 to question. that basis? you' clearly re discussions the dismissal addressing METSCHL Buffalo: what around run be answer to Because order to not object to going about during this 8 ASSOCIATES Rochester: know you that 585-697-0969 -- to trying the you' during re this not IFILED: ERIE COUNTY CLERK 01 04 2018 04:23 P141 INDEX "3449/2913 NYSCEF DOC. 215 RECEIVED NYSCEFZ Dl/D4/20l3 1 deposition. 2 MR. HUDSON: I have not mentioned the stipulated 3 order of dismissal. There's no basis for doing that' 4 Let's get the court on the phone. 5 MS. PERSICO: okay, Call him up. 6 THE VIDEOGRAPHER: off the record, 10:27t 7 MS. PERSICO: We're not going off the record. 3 THE VIDEOGRAPHER: Back on the record, 10:27. 9 (whereupon, a call was placed to the judge's ChambersJ 10 HUDSON: Hi, this is Tim Hudson, Jennifer 11 Persico, and the other parties on the Metcalf matter 12 here for the deposition of Howard 13 THE CLERK: Okay. 14 MR. HUDSON: and we have an issue for the 15 courts 16' THE CLERK: Okayi The judge is not at his desk 17 right now, he stepped out, and the judge has somebody la he's in the middle of a conference. I could have is him call back on a number in a few minutes. 20 MS. PERSICO: Great. 21 MR. HUDSON: You can call me back on my cell 22 phone, which is 23 THE CLERK: - what? ASSOCIATES Buffalo: 716-856-1906 Rochester: 585-697-0969 IFILED: ERIE COUNTY CLERK 01 04 2018 04:23 P141 INDEX "3449/2913 mscm7 DOC. not 215 RECEIVED NYSCEFI MR. HUDSON: - THE CLERK: - Okay, 1'11 tell him. PERSICO: Thank you. THE CLERK: You're welcome. 'Bye. HUDSON: I just warn: to put something on the recordi This question has nothing to do with the federal order, and the objection and it has everything to do with employment and staffing, and the objection is totally out of line. PERSICD: Well -- MRT EENGART: so we're clear, I'm joining on that objection. 1m. MELBER: Same Objection, MS. FERSICO: Now I think we can go off until the judge calls. MR. HUDSON: Surei THE VIDEOGRAFHER: Off the record, 10:29. (Brief recessi) THE VIDEOGRAPHER: On the record, MR. HUDSON: I'm calling Judge Grisanti. (whereupon, a call was placed to Judge Grisanti.) THE CLERK: Good morning, Judge Grisanti's chambers . ASSOCIATES Buffalo: 7164356-1 906 Ruchester: 585--697-0969 INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 2 MR. we're HUDSON: here -- on THE CLERK: Okay. 4 THE COURT: Hello. 5 THE WITNESS: We're 7 MS. 8 was 9 apologize. in room THE COURT: 11 MR. HUDSON: 12 some 13 I'm asking 14 the 2012-2013 15 federal 16 away 17 but 18 influencing 19 COC of the -- the 20 21 the 22 meeting 23 which sheriff has of the has your with I Sorry I the Honor, presented indicated he 8 does stay -- away in from input and 2012 in to role the 2013. specifically what we with from a minutes Stability not recall ASSOCIATES Rochester: in. the staying and Fiscal County not us county's in get decisions to and of scope to hiring decisions, decisions been the instructed that Your 716-856-1906 parties. Honor. respect Honor hiring Erie other trying -- a respecting METSCHL Buffalo: Hudson. over .I'm m about that hiring PERSICO: Tim back. dispute a decisions, MS. called that frame I'm those he had time those on and okay. sheriff hiring crew the your you ;questÈoning .questioning order from when We the and morning, That's 10 Honor, Howard Good the and please. on, your Sheriff PERSICO: not Hold Hello, with here Hudson yeah. 3 6 Tim it's Hi, 585-697-0969 Authority, testifying -- INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 37 1 at, and 2 the purpose 3 who was 4 supervision, 5 we' 6 we' so re of essentially this responsible for the deputies of into areas that other mandates from other departments 7 being suggested or 8 what 9 we we' re won't here doing ever here get really 11 purpose 12 training, supervising, 13 deputies, and 14 afield 15 Mr. 16 to 17 these 18 offered 19 simply to 20 making its 21 looking 22 your determining for I feel you about were three -- not necessarily is and retaining we' we' the on guidance narrow for a this. we' and to assist our motion, far said to you going know, voluntarily made how far never re -- we on re hiring, little I'd were that issue the clearly that we' that getting saying re that sheriff's of not determination some re either of but responsible depositions address ---. who objections despite for issues, narrow and were not I'm but this, that understanding the matter, funding my purpose know, this so like limited the Hudson, talk for in include these into simply of is discuss to and made, than training, straying re was hiring, retention and 10 23 which deposition, rather about talking in writing the and afield court so we in were from -- THE COURT: Okay. METSCHL Buffalo: 716-856-1906 I'll listen, 8 ASSOCIATES Rochester: 585-697-0969 because I just -- INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 I'm 2 some 3 motion 4 summary over looking of stuff the out 6 THE COURT: -- 8 MR. HUDSON: 9 THE COURT: matters into 11 meeting. 12 really questioning 13 hiring and firing. 14 report you' re 15 facts in of 18 it right now 19 is not 20 deputies 21 fiscal 22 regarding 23 and, and know, -- on parameters the on record, -- not -- this like are is took -- really control , you saying that yes, that there your Honor. "Thus, work be responsible at the at you who that know, does the this in different is the sheriff to looking hire at 72 the Rochester: the from reading the Erie of County center." holding -- It I'm for the mandate and statue, by board, I'm -- position the 716-856-1906 delving place who him Well, COC from stopped of hiring And to testified that employees, this document METSCHL&ASSOCIATES Buffalo: a what? stability you be whatever and presenting cannot a -- re know, So -- who you of HUDSON: taking you' -- it's or county's to something fiscal mean 17 I may certain there's mean I to and that Yeah. there MR. like not -- 10 I I'd put re like transcript. Yeah, you' that again, stuff regards so HUDSON: and the with judgment, MR. 16 in there 5 7 order the 585-697-0969 right any the -- now. INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 39 determined 1 The state 2 preferred 3 they resent 4 what to 5 do 6 sheriff 7 it. 8 and 9 want it county 12 the 13 responsible? 14 who 15 government to 19 trying 20 object, we' thing, show 23 -- to that has -- the who has the at what is meaning. Like within the county decisions. Bengart. to mandate It into get beyond is this that know, I and sheriff look You trying me, sheriff the within Steve is going doing the seems the whole and scope, and existed, to I absolutely. You I -- And PERSICO: MS. here. re is county the that hiring Judge, the decisions, responsibility these which, to 21 22 the know, elsewhere that that well here you BENGART: where extent to going And the as county wasn't these it's do make to position board think to has the fiscal And, actually know, much as the it. you the have telling county making to I wants MR. COC is the before. ceurt 16 18 sheriff it and the taking explore to but higher, how, would We mandated state about the only little case, county's The 11 me the number. coming this talks represented a state in unless it be the do, 10 17 to the it know, we' purports METSCHL Buffalo: 716-856-1906 your re looking to be 8 minutes at a Jen document of ASSOCIATES Rochester: -- just Honor, 585-697-0969 the Persico that Erie County is INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 / 1 Fiscal 2 to 3 testimony. 4 that 5 attending, 6 think 7 Mr. 8 to 9 don't 10 Authority. Stability do with the the County It appears sheriff you what Hudson to further THE meetings 13 go Is remember your at a I to. rights his later but time, never for is Honor, reserving there's ask and for 15 THE COURT: -- it 16 is 17 it's up 18 give him money? MR. HUDSON: 21 THE COURT: 22 MR. HUDSON: is to that you where, PERSICO: 23 meeting testimony record know, a doesn't say, questions you from giving to the these COURT: MS. 20 he anything sworn not minutes indicated on -- 14 19 It's be going have been a it the of one those each: department that -- as the sheriff or it's up know, fiscal stability has head money? Right. So about much so county, That's I what about that mandate, well, saying to want the to to county ask the sheriff. your I -- question 12 to were ask Erie. remember put believe 11 of has doesn't doesn't It Pardon I'd me? like to ask the Honor. METSCHL Buffalo: 716-856-1906 &ASSOCIATES Rochester: 585-697-0969 sheriff that, to INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 41 1 MS. 2 question, then 3 of a 4 this, having I'm 5 -- that 7 asking. 8 senate, 9 to was MS. PERSICO: 11 THE COURT: The 12 question. 13 does 14 forth, strictly 15 motion and not 17 MS. PERSICO: 18 THE COURT: 21 BY MR. could of. rest the your Okay, Thank All phone call Mr. Howard, with in was the order in -- Honor. that one keep it on so firing, COC you so just purpose into get I him ask the that when your letÏs it, does with funds correct, was know, understanding, my you So for HUDSON: 20 is -- that do additional at testify you to of need we who MR. the recollection you him, have instead know, document ask that You're hiring, 16 (Whereupon, my things 10 19 did asking certain the -- did this Just the You -- from Right. that them read that's if question. let's to Because do the roundabout COURT: and know, that's going THE 6 You PERSICO: pointed -- and regards who so to the thing. Honor. your you, Honor. right. Judge to Grisanti ended.) HUDSON: Q. All 22 2012 23 ability right. did anyone to hire from and METSCHL Buffalo: 716-856-1906 Sheriff government county fire Howard, -- or to 2000 limit hire 8 ASSOCUATES Rochester: in 585-697-0969 additional your -- in INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 I personnel? 1 2 MS. PERSICO: Form. 3 THE WITNESS: No. anyone in 4 BY MR. 5 HUDSON: Q. 6 Did additional hire government state MS. PERSICO: Form. 8 THE WITNESS: Yes. 10 BY MR. HUDSON: Q. Who statement in hire 11 government additional A. New York State 13 Q. And what actions, 14 Service 15 hire additional A. They provide 17 Q. What do 18 A. The New 19 service 20 hire Q. 23 When mean, your -- New to York Civil State your limit and service me provide to ability absent list?" the oversees Service Civil their the cannot you list, civil employees. through the How there's METSCHL Buffalo: did "they State York say any, list. employees. you to ability personnel? you Walk service hire to testing, Okay. 22 if the civil your Y4 Service Civil take 16 limited personnel? 12 21 to ability personnel? 7 9 your limit 716-856-1906 a are process hiring -- positions list, who -- are 8 ASSOCIATES Rochester: of 585-697-0969 strike these civil that. names on INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 43 1 a of list 2 A. Yes. 3 Q. And how 4 A. New York 5 a 6 of Okay. 8 A. Provide that Q. Is 11 A. Yes. 12 Q. And a there New 15 Q. Okay. And office is Yes. 18 Q. And York in hire 19 administers and competitive the scoring Civil that 20 A. Yes. 21 Q. Is that the 22 of the sheriff's 23 hired provided re a that only way or and METSCHL a list or your correct? Mr. was Wipperman, would list? which in office 716-856-1906 generated? examination that with list, designee from to positions. is list .of:: of with your people for Service. you' then 2012, Buffalo: list for it? provided prior that which administers State guidelines the and your"undersbanding Who A. A. on on from test is' i hat 14 17 based names of list a test? 16 exam individuals I 13 prepares Service exams. selecting 10 Civil service employees? generated? list State those Q. 9 is civil 7 possible eligible, of 8 service sheriff's or as civil 2012? ASSOCIATES Rochester: 585-697-0969 department employees were INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 A. No. 2 Q. What A. Other employees take 6 Q. And what 7 A. I 8 Q. How 9 A. I 10 Q. Are any 11 A. I'm sorry, 12 Q. Sure. positions don't a and to office sheriff's the don't employees prior hired be in service civil department competitive 5 would ways sheriff's 3 4 other as that of the of 2012? not are test. are deemed not competitive? are deemed not competitive? know. positions many don't know. sheriff's I where 14 competitive? of holds somebody 15 A. All deputy 16 Q. How about that positions sheriff captains? are position a of are positions any sheriff deputy not competitive. captain Are phrasing. sheéiff deputy positions? competitive not understand don't title The 13 deputies positions competitive? 17 18 A. Yes. 19 Q. And 20 A. Yes. 21 Q. There are 22 ranks from 23 say they a were deputy all separate -- -- somebody's sheriff. METSCHL Buffalo: competitive 716-856-1906 in how does somebody within Prior as 2012, the to move competitive 2012, & ASSOCIATES Rochester: well? 585-697-0969 how up the class, did they INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 45 1 move 2 A. 3 another service test, Q. Like 5 A. Correct. 6 Q. And 7 A. Yes. 8 Q. Are of score 12 position? 13 A. No. 14 Q. There on 16 A. Yes. 17 Q. And on a was or of service what 2012, 19 competitive your is of the discretion to the highest competitive people qualified who hire to and as into somebody of a position? PERSICO: Form. 21 THE WITNESS: I 23 a prior understanding, MS. MR. had who within 20 BY sheriff County for and to tests? the 18 22 Erie exam discretion some Prior that. individual the civil position? the strike office hire to to -- the civil a taking something? or specific be by state. exam was 2012, 11 York obligated you obligated New would it position competitive captain's a 10 15 ranks? Through 4 9 the up don't understand the question. HUDSON: Q. Okay. Is it -- is METSCHL Buffalo: 716-856-1906 the competitive examination 8 ASSOCIATES Rochester: 585-697-0969 the as INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 type 2 and of where thing number certain a people of 3 MR. BENGART: Objection 4 MS. PERSICO: Yeah, 5 want 6 you 7 works. to kind of want to talk MR. HUDSON: That's 9 MS. PERSICO: I jumping 11 number 12 13 BY that to I'm what you how -- of people take, I you kind re of there know, so if at. you' you just process the getting know, I Perhaps you. about -- to want for sheriff mean, form. don't I this instead out exams of are a -- HUDSON: MR. Q. All right. 14 somebody's 15 holding 16 position 17 A. Yes. 18 Q. The Sheriff, the in which 20 a 21 from the position of deputy -- to 2012, prior rank a lieutenants' MS. positions What that competitive class, sheriff sheriff required be assume or so held the is is the is or captain, next For captain? position there is up sheriff? PERSICO: are don't Why and METSCHL Buffalo: to okay? deputy test? deputy 22 from up would test want within already next 19 23 and in and the to pass people of fail? as streamline 8 10 number certain a 716-856-1906 he can tell you just you. & ASSOCIATES Rochester: 585-697-0969 ask him what the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 47 1 2 BY MR. HUDSON: Q. 3 4 what Sheriff, A. you After, sergeant, 6 next Q. 10 within know, position competitive Are is is and position and lieutenant, position next lieutenant, service civil sergeant, the sheriff, deputy next the A. Yes. Q. Okay. An become a 11 12 A. Yes. 13 Q. Could 14 is captain a you -- would individual sergeant the captain. competitive you take move only to or rank one You must progress through the ranks. 16 Q. You must progress through the ranks. how would would 18 competitive A. 20 a -- prior to service By the written of New York administered test Q. Who administered 22 A. New York 23 Q. Okay. Civil the test to captain? a test, at a how do -- how in somebody the under or time? And through progress State 21 the ranks. the guidelines Service. prior tests to and as of 2012? State. Are these annual METSCHL Buffalo: 2012, a captain's a A. 17 take lieutenant a sheriff deputy can or have 15 19 competitive the positions? 8 9 positions the class? 5 7 are 716-856-1906 tests or once-in-a-while 8 ASSOCIATES Rochester: 585-697-0969 tests INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 2 or A. 3 4 Q. 5 every-six-months For a and can So year, A. Correct. 7 Q. And the minimum, if 6 tests? be 9 individuals a but they may sergeants' I 11 those -- 12 which the 13 even 14 procedure held -- would work want you if of Would a 15 MS. PERSICO: Form. 16 MR. BENGART: Objection 17 MS. PERSICO: You can THE WITNESS: The performance 18 as one you a 20 took sheriff number cut by pool the how of score in get the for that certain or took give deputy to 20 to certain a sheriff, those year, two. assume to qualify for one good till want I rank there individuals considered be -- the is of are up took okay? test, results extended be minimum a two. your individuals who for to test, here. 10 is up take 20 hypothetical extended you if 8 test does to the test? to form. answer it understand you if it. 19 -- 20 broken into 21 listed according 22 their 23 can test be to or METSCHL Buffalo: 716-856-1906 the takers performance their and scores, promoted The scores. by on to according selected in the top 585-697-0969 is of the test are on the test by state 8 ASSOCIATES Rochester: test regulations, three for a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 49 1 2 3 promotion. BY MR. HUDSON: Q. So the considered 4 5 A. Correct. 6 Q. And prior determination 8 position In the 10 Q. In 2012, 11 A. In 2012 12 Q. So Mr. 13 position, 14 within 15 highest 16 A. Yes. 17 Q. Not 18 A. Correct. 20 Q. Sir, 21 point 22 the an open -- test a individual can be the making appointment an competitive a to Wipperman? Mr. time on position. the 2012, of what period time we are talking? sir. would it Wipperman -- the test be to if were would make an Wipperman. sergeant's open determination a position that you' what and to outside go as of in anybody department PERSICO: METSCHL Buffalo: Undersheriff there fill that sheriff's MS. -- to Is where Wipperman, within the three scores. allowed prior be Wipperman Mr. scores. 19 23 to was A. performers for 7 9 three top 716-856-1906 the three did 2012, there competitive was fired ever class or Form. 8 ASSOCIATES Rochester: test saying? re the highest 585-697-0969 demoted? come within a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 r 1 2 THE BY MR. 3 I WITNESS: don't HUDSON: Q. Are familiar you 4 regarding 5 familiar 6 to 7 class with discipline the with in was, PERSICO: Form. 9 THE WITNESS: I'm MR. HUDSON: 12 BY MR. ask as read of as 2012? again. it that respect please? back, requested.) Yes.' Yes.. WITNESS: THE HUDSON; 14 Q. Who generated 15 A. The sheriff 16 Q. You, 18 A. No. 19 Q. Do with those and I you policies New don't -- ever recall respect to the don't termination PERSICO: Did 22 MR. HUDSON: Uh-huh. 23 THE WITNESS: What METSCHL employees? you was and policies developing MS. 716-856-1906 and know. 21 Buffalo: of Law. policies the develop discharging I Service Civil State to regarding procedures? and York helped personally, procedures 17 20 read (Record 11 you and you competitive the to sorry, Can with within prior Are that. procedures or fact, MS. 10 strike individuals of procedures or -- or policies the termination that policies any 8 13 recall. of say, the employees? "termination?" last & ASSOCIATES Rochester: procedures 585-697-0969 part of that? INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 51 1 2 3 MS. BY MR. Q. you Did respect 5 employees 6 A. Not 7 Q. Okay. termination A. Yes. 12 Q. Wha -- about of competitive office? that understanding with procedures employees you respect there to were that specific 17 areas, 18 to 19 disciplinary undeesta for was in were the prior effect and be only for the should history an granted disciplinary 22 the sheriff's time just as hearings And cause. earlier history, be and policy within the was The to be heard have sheriff, prior to any discharge office? METSCHL 716-856-1906 the employee before had a made. Yes. Buffalo: on depending discipline considered. opportunity decision your During 21 the somebody terminating conduct, be what of Êing class? could 16 A. your it's of r 14 Q. class 2012? procedure It competitive of sheriff's with procedures recall. and 13 A. I and termination the at But 9 11 23 you asking policies any the that policies as develop to 8 10 20 He's HUDSON: 4 15 PERSICO: 8 ASSOCIATES Rochester: 585-697-0969 -- discipline been run by INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 r 1 Q. Were 2 A. I 3 Q. Who don't -- actually in as A. Different 6 Q. When you say, what are you A. The sheriff's 9 Q. And we 10 lieutenants, 11 command command a and bit fit into THE WITNESS: Above 16 rank protection? know. I 18 Q. And don't how of many of captain. 20 MS. PERSICO: Form. 21 THE WITNESS: I MR. you' that don't any them of employees management the hearings disciplinary do positions, service A. 19 management Those 17 23 form to the management the HUDSON: Q. BY did structure? that 13 sheriffs, deputy Where captains. ObjecÊish.ae 22 employees," about BENGART: 15 employees. structure. little employees are to? referring talked you confidential "management MR. MR. 2012? hearing? the confidential 12 BY of that ran actually management 8 14 November of hearings those who with, 5 7 and to recall. familiar 4 prior run any re hold were familiar civil on with? know. HUDSON: Q. Was it like a multiparty METSCHL Buffalo: 716-856-1906 board that conducted 8 ASSOCIATES Rochester: 585-697-0969 the the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 53 1 hearing, 2 that or was reviewed it and it individual one held 3 MR. BENGART: Form. 4 THE WITNESS: There 5 BY MR. 6 there Was 7 tenure 8 service 10 A. No. Q. What on 11 12 A. I 13 Q. If ran individuals, don t you' 16 A. No. 17 Q. Sheriff, employee discipline the the during your of employees? of the sheriff's not sure positions the of civil office? did tenure, 18 occasions when 19 have obligated 20 take work held as time other of tenure run hearings you know of the county sheriff's assignments? 21 MS. PERSICO: Form. 22 THE WITNESS: No. HUDSON: METSCHL 716-856-1906 & ASSOCIATES Rochester: the as have sheriff, branches employees ran that your during your do individuals, people hearings during Buffalo: your during know. .know. re termination for within termination the 15 MR. one. be management hearings employees what BY would designated a who 14 23 hearing? the HUDSON: Q. 9 employee management 585-697-0969 sheriff? there been government office to INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 f 1 Q. I'm 2 of 3 county 4 to 5 A. No. 6 Q. To the 8 sheriff's 10 Bills. entered into A. No. Q. Have 12 A. I 13 Q. To has with the you entered ever deputies don't to the Buffalo into provide to provide to Bills? know. your has knowledge, anyone 16 Erie 17 the Buffalo Bills in 18 the Buffalo Bills organization? whereby government Office Sheriff's County -- to exchange 19 MR. BENGART: Objection 20 MS. PERSICO: Form. 21 THE WITNESS: Yes. any deputy work with to as Erie of within or compensation for of sort any official any obligated has been ever there County 23 Bills entered agreement any 15 MR. Bills into arrangement BY Buffalo the ever County Buffalo the 14 22 the deputies? sheriff's 11 example, deputies? knowledge, contract with contract a when time a an as respect, there Was sheriff's your any 9 Buffalo supply 7 with specifically thinking the -- or from form. HUDSON: Q. And what is your understanding METSCHL Buffalo: 716-856-1906 of those 8 ASSOCIATES Rochester: 585-697-0969 arrangements? for INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 55 1 A. It back gone has 2 and 3 deputies that And is 4 Q. A. 7 8 what provided your Q. provided 10 A. Yes. 11 Q. And 12 A. I 13 Q. Okay. when do was that? don't I 16 Q. Was it 17 A. I'm sorry, 18 Q. Yes, 19 A. I 20 Q. Have an for that to money occasion and deputies the the Bills? when the do Erie that. Bills have security? know your was knowledge, with A. the that done pursuant to contract with Bills? know. done during during your my tenure as sheriff? tenure? sir. don't know. you ever Buffalo 21 the 22 personnel A. money To 15 provides been the provides the the Buffalo the of days. game what with County know.' Ê contract 14 or ever on Erie cost the pay of are -- the security sheriff pays there Has would understanding County now between who currently Erie The County 9 23 Bills arrangements 5 6 Buffalo the forth and negotiated Bills for for the the terms supplying of a of security? No. METSCHL Buffalo: 716-856-1906 &ASSOCIATES Rochester: 585-697-0969 sheriff's a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 Q. your To 2 County 3 the 4 security 5 A. I personnel sheriff's as for you mark agreement this? received was and marked identification.) HUDSON: MR. Q. I'm Sheriff, marked 12 it, 13 as show to going Exhibit you and 192 document a you ask to been that's take a look at sir. MS. You PERSICO: him want read to the whole document? 14 16 draft a 192 11 15 over Bills games? Can HUDSON: Exhibit 10 the know. (Whereupon, BY from Buffalo the County Bills' the executive county with Erie of for don't any negotiated Erie MR. 8 9 of supplying 6 7 has knowledge, BY HUDSON: MR. Q. Well, I 17 make yourself 18 ever seen 19 A. Yes. 20 Q. Okay. It Buffalo 21 22 A. Yes. 23 Q. And you want to purports Do the you document 716-856-1906 be a see it it, with draft agreement that, sir? refers to &ASSOCIATES Rochester: it. and Sheriff, Have you with the sir? before, to METSCHL Buffalo: familiar document this through flip generally Bills. within just 585-697-0969 other agreements INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 57 between 1 2 A. Yes. 3 Q. Are you between the 5 respect to 6 games? MR. 8 is 9 executed the Is HUDSON: 11 MR. BENGART: 12 MR. HTTDSON: 14 BY MR. Q. Sir? 16 A. What's 17 the 18 or is it draft a It can't see it. THE MR. an actually is draft. a And Mr. it's Demarco, an exhibit question? Could HUDSON: read WITNESS: you as read back? that requested.) Yes. HUDSON: Q. The What Okay. (Record 19 21 I papers. MR. BY -- with Bills' Buffalo at security ask Bills Buffalo the HUDSON: 15 20 I arrangements document? MR. our Can this 10 13 of providing sir? county, the and Erie of County the with familiar BENGART: this? and Bills generally 4 7 Buffalo the county 22 supplemental 23 MS. obligated has to security PERSICO: METSCHL Buffalo: itself 716-856-1906 the to Bills' provide games, Form. 8 ASSOCIATES Rochester: 585-697-0969 some right? to INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 I 1 2 THE BY MR. 3 4 A. What Bills The Sheriff provides 7 Bills 9 and who You, would Erie? and it and county has gone Buffalo the it. no with negotiations the Buffalo sir. Not that 11 Q. You never 12 A. Not that I 13 Q. You are aware had negotiations 15 I recall. signed MR. MR. of services, for between arrangement the County the had A. BY the the pay personally, Bills, 14 and between forth 10 16 understanding. my of understanding Buffalo back Q. your is the 6 8 not is HUDSON: Q. 5 That WITNESS: a contract you' that re familiar with. F recall. others that with in Buffalo the Objection BENGART: government county as have Bills. to form. -- switch HUDSON: 17 Q. Right? 18 A. Yes. 19 Q. Including 20 A. I 21 Q. Okay. Sir, 22 little bit 23 deputies the don't know that. I'd now who like and are 716-856-1906 to ask hired, METSCHL Buffalo: executive. county ask you you about the okay? 8 ASSOCIATES Rochester: 585-697-0969 training gears a of new INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 59 1 A. Yes. 2 Q. You told 3 competitive 4 right? 5 A. Yes. 6 Q. Okay. us a service -- Upon 7 go 8 told us about, A. Same as who? Q. The 9 10 11 steps 12 exam 13 take, 14 A. Yes. 15 Q. Okay. through or sheriff, would 18 available Q. Would 22 A. Similar, 23 Q. How exam sheriffs deputy process told that about us want.to take a lieutenants' a or a new you the captains' exam be similar a general the would for position test as would that be a deputy made public? be what to created class there decisions hiring position competitive a to manner 21 You would who there's If 17 20 office, right? -- Yes. -- true test enough. sergeants' position A. fair somebody a is same the sheriff's the by competitive same -- that hired within people right? as same the how about are and the 16 19 before bit done off told you of us a list in before? yes. would it be different METSCHL Buffalo: 716-856-1906 -- how would & ASSOCIATES Rochester: 585-697-0969 the initial a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 exam 2 competitive class 3 lieutenant, and become to a exams for MR. BENGART: Objection 5 THE WITNESS: The BY MR. 7 8 10 The content run by A. Yes. Q. Are 11 of New York PERSICO: 13 MR. HUDSON: 14 THE WITNESS: 16 MR. Q. And 18 on 19 sheriff? to exam that form. of the exam. okay. Is an it is Service? Civil on For who may be hired to and from the a deputy? Yes. Yes. 21 have a 22 that you And those of individuals be high a school not are for citizen have of 716-856-1906 what the graduation been position or convicted of a 8 ASSOCIATES 585-697-0969 were you that diploma, equivalency necessary Rochester: 2012, deputy States, of of as limitations the United the requirements METSCHL Buffalo: prior period the understanding hiring you Q. for your That A. -- what what's 23 sergeant, HUDSON: 17 20 of takers? MS. BY as content exam, limitations there test the 12 15 positions the the HUDSON: Q. 9 from captain? 4 6 differ sheriff deputy crime. to sit for the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 61 1 2 A. Yes. 3 Q. Okay. 4 to 5 exam? 6 A. No. 7 Q. What 8 9 right? exam, Would hire additional these individuals, 11 hiring range, 12 to Q. Prior 14 A. The to block were and and sit to background exam? the of that from are which those the on investigations individuals selects for there for able be sat were any, eligible does So with a 17 next hiring 18 and 19 in total, In 2012, then A. The sheriff 23 Q. Did you or of range who in the candidates or the those 716-856-1906 those individuals from then hiring within the ninety-fives, more than two range. decisions the to hire ranges? sheriff's designee. decisions in 8 five-point behind next range? hiring was hundreds, made those the Then leaving the actually within make one into moving hire higher. never downward, METSCHL Buffalo: would 100 was position this first of what 2012, for the score individuals 22 of as scoring 16 21 criteria if those and ranges. Q. those met office employ. 15 20 who then sheriff 10 13 sheriff's the limitations, people The would who anybody hiring A. -- the 2012, ASSOCIATES Rochester: 585-697-0969 sir, or was it INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 your 1 2 A. I 3 Q. At designee don't designate 5 within 6 A. Would 7 Q. Sure. point you ask At did 9 hiring decisions? 10 A. Yes. 11 Q. Who 12 A. Undersheriff 13 Q. And was A. Yes. 16 Q. And make 19 tenure point the have you some point as would make those some, as did tenure make you or time or how decisions? those you did did it make work Did some in and practice sheriff? Form. 21 MS. PERSICO: Form. 22 THE WITNESS: I You don't can answer. know. HUDSON: METSCHL Buffalo: you make yourself? did in your during BENGART: MR. who tenure Y4 MR. BY designee a 20 23 during'your Wipperman. when 18 from sheriffs deputy again. decisions overlap new you that? at 17 did sheriff, range? it some as hire qualifying sheriff, 15 decisions? hiring tenure to somebody the those your in 8 14 those know. some 4 made who 716-856-1906 8 ASSOCIATES Rochester: 585-697-0969 they your during designee your INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 63 1 Q. Once 2 Individuals 3 process, 4 within 5 A. Ask 6 Q. Sure. new a who are A understanding 8 there's 9 road 11 A. Yes. 12 Q. If sheriff Erie new who's within that dephty is hired, is he just decisions are 15 work? is made PERSICO: Form. 17 THE WITNESS: A 22 23 BY MR. specific job service exam for management jail within the office, a There's a within divisions hired for that hired under sheriff division is jail management does you if sheriff staffing how or else, deputy particular a and generally Answer deputy my right? he someone by MS. 21 a correct? hired 16 somewhere it's other Office, 14 20 hired, certain Sheriff's or the to sheriff's County position, 19 hiring division, there's 13 civil competitive the the management jail division, 18 at that. office? deputy a Ó a assigned they strike again. that the through hired are -- does hired, sheriff's the 7 10 is deputy officer hired for it can. the for assignments division. HUDSON: Q. So the competitive jail management position, METSCHL Buffalo: 716-856-1906 division and the is road the patrol & ASSOCIATES Rochester: 585-697-0969 specific would be a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 different 1 competitive 2 A. That's correct. 3 Q. Okay. So 4 5 A. That's 6 Q. And 7 A. Yes. 8 Q. And was with respect true 11 within 12 position, 13 there 14 management -- the for a or a been a Okay. captains' test that behfor or that be sergeant? a there is a specific a for generally position would test, be or Is sergeant a jail position? sergeant's a 17 a competitive sergeants' a it sergeant There's management, took would would well? upper-rank the or and as 2012, someone test 16 Q. in to if lieutenants' 18 hired is position. that positions, A. hired is accurate? that correct. 10 15 who individual management jail 9 an is position; and So it's of the to take within deputy within position that that specific you exam, same to had to have classification. job the jail the of type job classification. 19 20 A. Yes. 21 Q. So one 22 test 23 division to become is a that sergeant in the you to be METSCHL Buffalo: requirements eligibility 716-856-1906 have to jail a deputy 5 ASSOCIATES Rochester: 585-697-0969 sit for a management within the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 65 1 management jail 2 A. Correct. 3 Q. Was 4 requirement that as 2012, division? 5 A. Yes. 6 Q. Who set 7 A. The sheriff. 8 Q. You, 9 A. No. 10 Q. Do 11 A. No. 12 Q. Was 13 A. It 14 Q. And know who would that's a 17 himself, correct? Anything that's 20 Q. Do sheriff's 21 22 A. No. 23 Q. For it drawn, on sheriff's the from procedures in the office? the right? too, from done off sheriff's the office. and of sign was procedures authority you or policies are the of criteria? those distinction there and set sheriff's the be 16 19 did sheriff the policies A. as criteria? those set 15 18 and to sir? criteria, personally, it, prior effect well? those you in sheriff's There and office, the sheriff office is under sheriff. all policies and procedures of office? the policies and METSCHL Buffalo: 716-856-1906 are procedures of the & ASSOCIATES Rochester: 585-697-0969 sheriff ' s the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 office 2 on 3 A. undersheriff The 5 Q. Are 6 A. Yes. 7 Q. What 9 A. 10 11 A or are there who on, sign does off are some And 12 some 13 the 14 A. Yes. 15 Q. Okay. clerical agreement 17 as 18 County 19 A. Yes. 20 Q. Were that of there 21 other 22 CSEA 23 sheriff's we union that office? civilian by the positions, nursing was Erie, is about that Local the collective with the the -- bargaining civilian with agreements AFSCME employees 8 ASSOCIATES Rochester: the right? office? 716-856-1906 marked department, 264, with we' we've that sheriff's bargaining by right? office and that zepresented .represented collective sheriff's the deposition the were a between covered in positions talked METSCHL Buffalo: held earlier us AFSCME; the -- sheriff's the positions, told by with 190 those office? civilian and And which in cooks. you those CSEA 16 sheriff's and of of positions the the of think I employees of of number chief applicable. maintenance, Q. off division the civilian employees 8 sign don't them? policies 4 you that 585-697-0969 with and of the the the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 67 1 A. Yes. 2 Q. Are 3 A. I 4 Q. Okay. don't Have 6 the sheriff's 7 A. Not that 8 Q. Are the 11 rephrase 14 to negotiating civilian the any employees of recall. I civilian of the employees -- sheriff's office, with their do civilian the do respective have they Let union? their me that. PERSIÒO MS MR. in role any respect agreements 12 BY had office? employees own 13 you with contracts 10 sir? now, know. 5 9 effect in they . FoÓm. HUDSON: Q. Is -- CSEA 15 represent 16 outside 17 A. Yes. 18 Q. Does and other officials -- do sheriff's 19 the 20 contract that 21 County government, the civilian office, are extends to as PERSICO: Form. 23 THE WITNESS: I METSCHL CSEA and employees they other don't 8 AFSCME government county covered people work that by within a broader Erie well? MS. 716-856-1906 that right? office, 22 Buffalo: know you within sheriff's the the -- AFSCME understand ASSOCIATES Rochester: 585-697-0969 the question. within INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 1 BY RECEIVED NYSCEF: 01/04/2018 MR. 2 HUDSON: Q. Sure. Is 3 office, or 4 county government 5 - - the civilian don't know 6 A. I 7 Q. How 8 A. CSEA 9 Q. about 13 there -- sheriff the part all of the designation ' s of to employees f ice? CSEA. that other those separate or contract, within the there is or contract, just are contracts? 15 THE WITNESS: I don't know. HUDSON: Q. 18 Did A. Yes. 20 Q. And 21 A. I 22 Q. Did representative any with input 19 23 f respect CSEA the from same Form. 17 sherif . PERSICO: MR. employees the with separates MS. BY to the questions 14 16 with contract applies within sheriff's the AFSCME. is different a also Same to with AFSCME larger a that contract it 12 contract employees assigned Is AFSCME there CSEA? employees 11 is about are 10 an there who don't input the is from CSEA the sherif f ' s of f ice have contract? that? know. individual any with the from AFSCME METSCHL Buffalo: 716-856-1906 the sheriff's contract? & ASSOCIATES Rochester: 585-697-0969 office have any INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 69 1 A. I 2 Q. Did 3 the to 4 A. I 5 Q. Did contract? I 9 Q. Do 11 office? 12 A. Yes. 13 Q. And 14 A. Yes. 15 Q. Are 17 A. I 18 Q. Are was that all of -- have with the with input AFSCME within report true in positions chain the up within of of the sheriff's the well? as 2012, nurses the civilian the sheriff's the office service? don't know. there A. Yes. 21 Q. And what 22 A. I'm not nursing management-level any sheriff's the 20 23 nurses within 19 branch branch AFSCME the office civil 16 executive the know. the sheriff's respect with input any contract? from to don't 10 have know. anyone 7 A. AFSCME don't respect executive county the 6 8 know. don't are sure the department 716-856-1906 sir? positions, METSCHL Buffalo: positions office? those of civilian exact there but title, is one. Could & ASSOCIATES Rochester: 585-697-0969 it's a you -- ask in the the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 question 1 2 again? MR. 3 THE 5 WITNESS: you as My read that please. back, requested.) management is secretary confidential. BY MR. HUDSON: 7 Q. Okay. 8 A. But 9 she's recall Q. not there 13 A. No. 14 Q. Are 15 government 16 Holding 17 A. Yes. 18 Q. What A. The 21 Q. That's 22 A. Yes. 23 Q. Was but management, of don't I others. any not she's mental health sir? health perform that within employees work the f YIK, mental any positions in of the county Erie County Center? is health 19 know office, there not others. any sheriff's 12 don't I any Are -- man a And union. 10 11 read (Record 4 6 Would HUDSON: your understanding workers who commissioner the that of Erie true mental prior 716-856-1906 who employs the at the holding center? to and as of of 2012, 5 ASSOCIATES Rochester: mental health. commissioner County METSCHL Buffalo: work do of 585-697-0969 mental as well? health? INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 71 1 A. Yes. 2 Q. Are 3 there employs 4 A. Yes. 5 Q. And 6 A. Yes. 7 Q. Were did 9 sheriff's any A. When? 11 Q. Prior 12 A. Yes 13 Q. And who 14 A. The physicians 15 Q. Prior to to 16 department 17 dealt 18 correct? A. Could 20 with you 21 23 to other health and as THE MR. workers care were who employed not by worked at the were 2012. of individuals? those and and some of 2012, as ask nurses. there Could read WITNESS: you as of read that requested.) Yes. HUDSON: METSCHL Buffalo: 716-856-1906 protocols inmates, again? question HUDSON: sheriff's and health mental and the were procedures and health (Record BY 2012? who policies MR. 22 office sheriff's the office? 10 19 that us prior center holding told right? so there the you nurses, you 8 -- any 8 ASSOCIATES Rochester: 585-697-0969 back? that INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 Q. 2 Were policies those and of the sheriff's procedures of the sheriff's office? 3 A. I'm 4 Q. Were sorry. 6 procedures 7 A. Yes. 8 Q. Who I'm of the know. I 11 Q. Did 12 A. No. 13 Q. Were don't you your to and procedures, 15 branches 16 health care 17 County Holding of protocols with health? government county and are were that mental with health there policies, developed respect of inmates by to other the the Erie academy or at Center? MS. PERSICO: Form. 19 THE WITNESS: I MR. mental knowledge, 18 BY procedures them? -- 14 and and care develop there and office? policies health to policies those sheriff's those respect A. Were sorry. developed 10 and policies -- office question? The those 5 9 20 procedures don't know. HUDSON: 21 Q. You're unaware 22 A. That's correct. 23 Q. Do new-hire of deputies METSCHL Buffalo: 716-856-1906 any. go through a police 8 ASSOCIATES Rochester: 585-697-0969 a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 73 1 academy? training 2 A. Yes. 3 Q. And 4 what work starting Through the 6 through a 7 building 8 successful 5 A. runs 10 A. The sheriff's 11 Q. Are there deputies 14 A. Yes. 15 Q. Who else 16 deputies 17 go 18 affiliated 19 A. Other 20 Q. So law counties? A. conducted it's and program, then would jail in our upon assigned be go to work. academy? are not who go through who -- of of the the officers Erie She County individuals what Office iff's academy? who Sheriff's County academy, corrections corrections the those Erie or are not Office offices are who but they with? the 22 FTO would enforcement sheriffs training an the office. through 21 by corrections the -- before to division? to academy followed officers 13 assigned corrections go deputy management jail deputy officers'who' 12 the new a completion Who 23 at -- -- Q. 9 would academy That's Western in corrections program New might academy for some York. of the administer smaller, correct. METSCHL Buffalo: 716-856-1906 8 ASSOCIATES Rochester: 585-697-0969 or outlying run a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 Q. 2 Who provides at corrections the academy? 3 A. Sheriff's 4 Q. Exclusively 5 office employees. employees of of others. the Erie Sheriff's County Office? 6 A. I'm 7 Q. Have not aware you 9 10 Q. Yes. 11 A. No, not 12 Q. The officers Erie A. Not 15 Q. Do that I Erie County they compensate recall. from other aware know if to deputies to the compensate the the PERSICO: Form. THE WITNESS: Not BY MR. You asked just I'm that aware HUDSON: 21 Q. How 22 A. About 23 Q. Is is long it two months. held at the METSCHL Buffalo: academy? corrections the 716-856-1906 holding for program? training MS. county that question. 19 academy? of. they deputies do counties, their send to I'm you 17 18 that County their 16 the at personally? I, 14 instruction Academy? A. 13 any provided Corrections 8 20 instruction the center? & ASSOCIATES Rochester: 585-697-0969 of. sending INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 75 1 A. Yes. 2 Q. Is 3 there class class Not 5 Q. When 6 A. I 7 Q. Would 8 A. Yes. 9 Q. You 10 A. Correct. 11 Q. When the was don't 13 A. Yes. 14 Q. Can 15 A. They there don't just new there was a the last do you know complete a deputy. Upon 18 released to a 20 corrections 21 ever 22 office? when deputy undergo in there within an academy class? the year? last complete they they"undergo me under one once tell 17 Once been deputies, working A. time last have 16 23 Is know. academy, Q. year? necessarily. A. 19 every year? every 4 12 a that field training officer supervision direct the completion of program, of that experienced a program, they are work. has academy completed and additional at training the FTO training program, within Yes. METSCHL Buffalo: training? training? about the corrections the additional any year. 716-856-1906 8 ASSOCIATES Rochester: 585-697-0969 the need the a sheriff's deputy INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 1 RECEIVED NYSCEF: 01/04/2018 Q. 2 And A. It's 4 Q. Are 5 if training, must any, a deputy undergo? sheriff 3 additional what an all in-service annual deputies training. required undergo to annual in-service training? 6 A. I 7 Q. Who 8 A. Sergeant 9 Q. Has 10 don't know. runs Sergeant know. I 12 Q. At don't some 14 A. I 15 Q. Sheriff, either 17 the 18 A. No. 19 Q. Who did run don't 16 did training? the in-service you develop other training than Sergeant program? training the FTO and program, MR. BENGART: Objection 23 THE WITNESS: I METSCHL 716-856-1906 curriculum the FTO for curriculum 22 Buffalo: the program, training? the develop of any academy, in-service annual 21 in-service the somebody corrections the academy, run know. did 20 training? 2012? point Cathcart 13 Cathcart since A. in-service Cathcart. program 11 annual the don't annual the as the to form. know. 8 ASSOCIATES Rochester: 585-697-0969 corrections in-service for or INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 77 1 BY MR. 2 HUDSON: Q. from anyone Did 3 develop 4 academy, 5 training? the MS. 6 THE WITNESS: you ever for or program, I'm (Record 8 as read Can read you back? that requested.) don't I in-service annual the sorry. corrections the know who developed the curriculum. 9 11 FTO Office Sheriff's County curriculum the PERSICO: 7 10 of any Erie the BY MR. HUDSON: Q. Have provided the curriculum for of any those trainings? 12 13 A. Not 14 Q. To that I your 15 office 16 trainings? approved A. I 18 Q. What within anyone has knowledge, don't 17 recall. curriculum the sheriff's the for any the annual of those know. topics covered are during in-service training? 19 20 A. I 21 Q. To don't your 22 mental 23 training, know. does knowledge, health topics the FTO METSCHL Buffalo: 716-856-1906 -- do covered at or training, mental health either the the annual & ASSOCIATES Rochester: 585-697-0969 -- are academy in-service INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 training? 2 A. Yes. 3 Q. And 4 what topics that A. I 6 Q. What's the health topics A. I 9 Q. Have you training 11 health basis your for covered are ever of seen materials any sheriff's personnel office Yes. 13 Q. And 14 A. I 15 Q. The 16 A. I 17 Q. If you don't Do you know what you know whether they were if were prepared A. No. 20 Q. Do the on mental topics? A. 19 trainings? regarding 12 18 those during mental that understanding know. don't 10 trainings? those during know. don't 8 covered health mental the of understanding are 5 7 your is what don't you seen, sir? seen, who prepared them? who prepared them, know. that documents don't have materials you have know. know individuals the positions that they prepared held? by sheriff's personnel? 21 22 A. I 23 Q. Do don't you know. know they METSCHL Buffalo: 716-856-1906 by & ASSOCIATES Rochester: 585-697-0969 others within INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 79 1 Erie government? County don't 2 A. I 3 Q. What, 4 civilian 5 what, 6 office know. if any, employees if any, work that did training MS. PERSICO: Form. 8 THE WITNESS: Could 10 BY MR. the at center holding provide they office -- sheriff's to personnel? 7 9 non-sheriff's the by training you repeat the question? HUDSON: Q. talked Sure. We 11 office personnel 12 right? 13 A. Yes. 14 Q. What, if aware 16 A. I'm not 17 Q. Are sheriff's work at do training office sheriff's 15 who any, about before certain the non-sheriff's center, holding those provide individuals personnel? of any. deputies trained on risk suicide assessment? 18 19 A. Yes. 20 Q. Who trains deputies sheriff's on risk suicide assessment? 21 don't 22 A. I 23 Q. What's know. the nature METSCHL Buffalo: 716-856-1906 of the training that 8 ASSOCIATES Rochester: 585-697-0969 jail management to INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 division 2 assessment? 3 A. I 4 Q. What employees don't 6 office None 8 Q. To 11 A. I 12 Q. Do on suicide did you in approving respect personnel that I your on to you have suicide 15 A. Could 16 Q. Sure. of training sheriff's assessment? risk within anybody curriculum an on sheriff's the for training you experience 18 employees 19 risk train sheriff's assessment repeat Do you suicide level the experience the personnel office on question? an is the have? the have of of understanding who risk 17 of the who individuals division management jail what of understanding the train on suicide assessment? 20 MS. PERSICO: Form. 21 THE WITNESS: No. 23 any know. 14 MR. the suicide has knowledge, don't individuals BY have assessments? 13 22 risk recall. approved risk 10 any, with office 9 if role, curriculum A. provided know. 5 7 are HUDSON: Q. To your knowledge, METSCHL Buffalo: 716-856-1906 are any employees & ASSOCIATES Rochester: 585-697-0969 of the jail INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 81 management 1 don't 2 A. I 3 Q. Have training 5 to ever on do seen how medical Form. 7 THE WITNESS: Not 9 division employees are intake? PERSICO: MR. intake? includes that management jail MS. BY medical doing curriculum any 6 8 on know. you 4 trained division that I recall. HUDSON: Q. And you' you've certainly 10 respect 11 doing to 12 A. NotÓÈat I 13 Q. Sheriff, to your management 15 documented anywhere? Q. And 18 A. In 19 Q. There 20 A. Training 21 Q. There's 22 A. Yes. 23 Q. Was where the is a there a inmates. training a is suicide the division personnel division training is undergo, it unit at unit training 716-856-1906 of the sheriff's office? unit. training METSCHL Buffalo: to division. training -- a respect documented? it training is with policy with deputies knowledge, jail 17 a recall. that Yes. on intake 14 A. developed sheriff's training medical 16 never 8 sheriff's the at the sheriff's ASSOCIATES Rochester: 585-697-0969 office? office in INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 2012? 2 A. I 3 Q. When 4 A. I 5 Q. But 6 A. Yes. 7 Q. Who 8 A. Sergeant 9 Q. Besides don't you know runs the else works Q. Who 13 A. Sergeant 14 Q. Okay. 16 unit are A. Ms. Clay. 18 Q. Ms. Clay? you told What 22 23 in And us Presentation the you' re -- aware and know don't of Mr. training who or are else. at least in the training the academy the two Clay? unit runs before? about and responsibilities does the have? and recordkeeping METSCHL Buffalo: I sergeants duties unit unit training two the personnel other there unit? Cathcart Mr. are Clay. the other training A. now. unit? training that 17 Q. the But sergeants 21 exists unit training Cathcart, Denise 15 Yes. created? Cathcart. in 12 A. a training work Yes. 20 that Sergeant A. unit training know. don't 11 19 the was who 10 know. 716-856-1906 on in-service 8 ASSOCIATES Rochester: 585-697-0969 training. that INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 83 1 Q. Does the 2 responsibility, 3 presentations 4 in-service 5 A. I 6 Q. Did unit training have besides and additional other any the running with recordkeeping, and academy respect to the training? don't know. you have any role with respect to the creation of 4 7 the training that 8 A. Not 9 Q. To whom 10 A. To the 11 Q. Which 12 A. I'm 13 Q. Which 14 A. There's I recall. does the report? unit training superintendent. superintendent? sorry? sir? superintendent, one only management jail 15 unit? and superintendent, that's in the division. Diina? Superintendent 16 Q. Is that 17 A. It is 18 Q. In 2012 19 A. I 20 Q. Sheriff, with 21 training program, 22 utilize any 23 suicide screening? now. don't who was the know. respect medical METSCHL Buffalo: superintendent? 716-856-1906 to does the prevention suicide personnel 8 prevention suicide the to conduct ASSOCIATES Rochester: 585-697-0969 training training on INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 r 1 A. I 2 Q. To don't know. your 3 suicide 4 identifying don't 5 A. I 6 Q. Sheriff, knowledge, does prevention cover your to that requires 8 conducted upon admission? 10 Yes. Q. Did the include suicidal? potentially you have any there is knowledge, procedure A. to know. 7 9 are respect that topics who inmates with training suicide role in any to screening that generating or policy be policy or procedure? 11 If' 12 A. F No. 13 MS. PERSICO: 14 MR. HUDSON: 15 BY MR. You personally? mean Yes. HUDSON: 16 Q. Who 17 A. I 18 Q. Are did don't management jail 20 A. Yes. 21 Q. What 22 A. I 23 Q. What's that and policy procedure? know. respect 19 generate to that employees with trained procedure? that policy or your knowledge procedure? know. the basis for METSCHL Buffalo: or policy covers training don't division 716-856-1906 -- & ASSOCIATES Rochester: 585-697-0969 for your INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 85 1 statement 2 division 3 potentially A. I 5 Q. Never 6 A. I 7 Q. Ever 8 9 10 Not Q. To seen don't Q. And are admission? at that covers sir? that, curriculum that initial covers suicide I that your recall. requires what a your is there is knowledge, a for screening policy and mental health of understanding that procedure at or policy procedure? 15 16 A. I 17 Q. Did don't you know. have any role with that developing policy procedure? 18 19 A. Not that 20 Q. Who did 21 A. I 22 Q. To 23 who sir? admisèion? 14 inmates identifying document a see 12 Yes. management jail recall. that A. that know. 11 13 covers suicidal screening, A. aware re training don't 4 you' that don't your forensic I recall. develop that procedure? or know. did knowledge, mental health METSCHL Buffalo: policy 716-856-1906 the medical staff 8 help to ASSOCIATES Rochester: or staff 585-697-0969 develop the that or INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 procedure? or policy 2 MS. PERSICO: Form. 3 THE WITNESS: I 4 5 BY MR. don't know. HUDSON: Q. Are management jail respect 6 to don't 7 A. I 8 Q. Have that division employees or policy with trained procedure? know. you ever seen a curriculum as sheriff, covers that that procedure? 9 10 A. Not 11 Q. During your 12 within the 13 undergo 14 A. Not 15 Q. Have 16 that I recall. tenure competitive you I ordered ever retraining? I A. Not 18 Q. Sir, that during 19 instructed 20 Sheriff's 21 you your individuals any tenure as personnel Office to sheriffs MS. PERSICO: Form. 23 THE WITNESS: Not METSCHL 716-856-1906 8 the were there that deputy sheriff, within 22 Buffalo: ordered to undergo recall. any wanted been recall. remedial 17 ever class individuals any retraining? remedial that have be to that I have you Erie County certain topics trained on? recall. ASSOCIATES Rochester: 585-697-0969 ever that INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 87 1 BY MR. 2 HUDSON: Q. your during Sir, tenure with 3 played 4 training that any 5 division have undergone? role any as respect MR. BENGART: Form. 7 THE WITNESS: Not 8 BY MR. 9 Q. Sir, 11 at 12 A. Not 13 Q. Sir, 14 has 15 of your during personally tenure trained of any management recall. the Erie that I your tenure as competitive the to sheriff, of the division management Form. 17 THE WITNESS: I MR. ever class Office? members of training jail the you recall. during the of Sheriff's County have sheriff, member any PERSICO: I knowledge, competitive changed -- don't your don't at class all? know. HUDSON: 19 Q. Not 20 A. No. 21 23 ever development jail the I as MS. 22 of that 16 BY the you HUDSON: 10 18 to personnel 6 have sheriff, your to THE this knowledge? VIDEOGRAPHER: We have five card. MR. HUDSON: METSCHL Buffalo: 716-856-1906 Okay. & ASSOCIATES Rochester: 585-697-0969 minutes left on INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 1 2 BY RECEIVED NYSCEF: 01/04/2018 MR. HUDSON: Q. At time any 3 ever 4 manner 5 trained? 6 A. Not 7 Q. During given any in which I that legislature, 9 training 10 A. Not 11 Q. During 13 respect 14 A. Not 15 Q. During I I to sheriffs? Q. During I your 20 -- 21 county 22 any 23 training and by made the county inquiries has of the member any made of as of the with inquiries sheriffs? deputy government as sheriff, I that mean of with with member any provided of the training any recall. time training has sheriff, of government respect METSCHL Buffalo: has government tenure 17 19 are recall. your that deputies division sheriff, training branch None as of the executive A. the sheriffs? tenure 16 18 change to recall. to deputy you have sheriff, anybody sheriff, point, any branch that to as deputy your executive as management jail tenure of 12 instruction at that tenure recall. your 8 your during 716-856-1906 have anyone the -- respect to employed not of County deputy or Erie have sheriffs & ASSOCIATES Rochester: external any 585-697-0969 vendors by -- the provided provided within any the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 89 office? sheriff's 1 2 A. Not 3 Q. Have that 5 personnel Not 7 Q. Have 8 that I 10 Not Q. Sheriff, 12 A. I are sergeant 14 primary as sheriff? supervised sheriffs supervisor supervisor is supervisors is VIDEOGRAPHER: 16 MR. HUDSON: a within sergeant, lieutenant. a for THE BY tenure any the division? 15 17 to training any your deputy tirst-lineÓsupervÄsor 13 sheriff? as during management The tenure recall. how jail 11 Sheriff's County provided personnel that Erie any recall. physicians any A. to your provided officials state respect during sheriff's 9 or with training A. recall. federal any 4 6 I They officers the line Two minutes in left on and a are the the jail. this card. Okay. HUDSON: MR. 18 Q. Are 19 A. Yes. 20 Q. And what 22 A. They 23 Q. Do is your you given an undergo conduct annual those METSCHL Buffalo: given periodic of understanding reviews periodic 21 deputies individual 716-856-1906 to reviews? the individual performance performance deputy evaluation. evaluations' evaluations? 8 ASSOCIATES Rochester: nature 585-697-0969 of the officers? INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 r 1 A. No. 2 Q. Who does conduct 3 A. The first and second-line 4 Q. Those the sergeants, 5 about? 6 that 7 A. Yes. 8 Q. Have are Those 10 the about? told us you ever conducted of any supervisors. A. lieutenants an deputy THE BY MR. to 15 the annual 16 sheriffs VIDEOGRAPHER: annual Q. that say sergeants the your during time performance members are of PERSICO: Form. 18 THE WITNESS: Yes. MR. who evaluations MS. BY minute. individuals the the of are performing the competitive deputy class? HUDSON: Apart from 21 there any 22 applicable Q. A. Not that the annual other to I formal deputy evaluation evaluation, assessments sheriffs? recall. METSCHL Buffalo: performance 716-856-1906 & ASSOCIATES Rochester: us performance sheriff One 17 23 and told HUDSON: Fair 14 20 you No., 12 19 lieutenants sheriff? 11 13 are evaluations? performance the you evaluation 9 annual those 585-697-0969 are as INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 91 1 THE VIDEOGRAPHER: 2 MR. HUDSON: 3 THE VIDEOGRAPHER: 4 Off the Can This On 7 the 8 9 10 and MS. the end is the start you ask I Card of 1. Card of 2. back read to the please? answer, read (Record BY This Could HUDSON: question last is 12:05. record, MR. now? recess.) VIDEOGRAPHER: THE switch we (Brief 6 seconds. 11:55. record, 5 11 20 as requested.) PERSICO: I 12 Q. Shedisf there axe 13 respect to 14 medical needs? 15 A. Yes. 16 Q. And what and procedures 17 18 19 supervision the your is sheriff's I'm phone and I It's my 21 MS. PERSICO: I'm sorry. 23 family I'm member and METSCHL Buffalo: policies those 716-856-1906 to sorry I didn't 8 at looking the -- WITNESS: emergency. I'm sorry, THE an serious are? 20 22 with what of with procedures inmates of understanding PERSICO: MS. and policies any son. wasn't I I interrupt. want to -- ASSOCIATES Rochester: 585-697-0969 if sure saw it it was was a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 MR. 2 the (Record 4 THE BY MR. as you back read requested.) content The would be better superintendent. the by HUDSON: 7 Q. And that's 8 A. Tom Diina. 9 Q. What if role, 11 with serious that 12 A. None 13 Q. Never 14 A. Not 15 Q. As I that you I 17 supervision A. Specifically, 19 Q. How developing supervision of familiar with here on inmates it? you are today, with is policy of with inmates respect serious what to the medical needs? no. about with 20 with mental 21 have a 22 supervision respect to health needs? or procedure policy of inmates supervision the Did the with with respect mental METSCHL 716-856-1906 health 8 ASSOCIATES Rochester: inmates of office sheriff's Yes. Buffalo: any recall. office 18 with play the that. needs? anybody sit sheriff's to strike recall. trained 16 A. respect medical or you did any, with training -- Cathcart Mr. 10 23 read WITNESS: answered 5 Could okay. please? question, 3 6 That's HUDSON: 585-697-0969 to the needs? the INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 93 1 Q. 2 you As here sit 3 A. Not specifically. 4 Q. Did you play 5 A. Not that I 6 Q. Are sheriff's with 8 mental health A. Yes. Q. What's A. I 13 Q. Do b you courses 15 topic 16 needs? to know speeffic with know, the jail management of what with inmates the training talked THE WITNESS: I do entails. training which of if about, inmates of 18 the to supervision the what respect earlier we of 1 Form. 20 on of understanding PERSICO: MR. policy? needs? MS. BY that supervision the 17 19 that what -- do 14 developing trained respect your deputies 12 with role any deputies policy 11 with recall. 7 10 familiar is? policy 9 you are today, the training any, include the with mental health not. HUDSON: Q. To your are knowledge, 21 other than 22 those being 23 in-service the ones the training, 716-856-1906 that academy, METSCHL Buffalo: there that any we talked the FTO, are given additional about and earlier, the to 8 ASSOCIATES Rochester: trainings 585-697-0969 annual sheriff's INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 r 1 deputies 2 with 3 health Be 5 Q. Okay. are 7 topics I 9 Q. And training 12 here Q. Other that A. Yes. 21 Q. Can you 22 A. The daily chance we' we've additional any talked and line within earlier about . I'm aware about of sheriff's ever have deputies? occasion to evaluate that? observations METSCHL 716-856-1906 perform office employees? class me supervisors, of. employees tell second-line sheriff's the evaluations encounters. Buffalo: provide to what first else managerial 20 23 the competitive 19 than personnel any recall. than periodic Do office sheriff's I any Q. those about? instructed never . that 16 18 today, cover to talked today. anyone Not you other did A. here sit training we' we've what you as is, other any than the 15 17 mental supervisor. sir, of aware certainly 11 14 with or inmates not. within Not needs training question, other 10 A. the by My am 13 medical of needs? you 6 supervision the to serious answered A. A. respect either 4 8 with of They the would staff at evaluate 8 ASSOCIATES Rochester: 585-697-0969 random them or on those INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 95 1 encounters. 2 Q. Would 3 A. Informal. 4 Q. Would 6 A. It 7 Q. And 8 result it informal? or in documentation any of the might. if did it A. A Q. would formal know. don't result how evaluation, 10 11 formal evaluation? 5 9 be that your During documÁÊÈed 13 staff? 14 A. Not 15 Q. Sheriff, 16 A. Yes. 17 Q. A I 19 A. Yes. 20 Q. Is 21 A. Yes. 22 Q. Okay. 23 A. No. that gave of your within METSCHL Buffalo: record. that specifically. have you I ever of the 716-856-1906 office? an You the.start where Is jail bsérvÂtEone daily maintain office? that sheriff, some recall. physical at the t you Avenue 18 answer oÚyou ny that -- some as of recorded? be it into tenure documentation any couldn't documented'.:irony' 12 would go I in address of 10 deposition? the physical the an office holding is center 8 ASSOCIATES Rochester: 585-697-0969 located? complex? Delaware INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 / 1 Q. 2 Okay. -- It's where it is The same 4 it, but 5 southeast A. 6 Q. 7 physical what It's 9 Q. Are 10 A. About 11 Q. When 12 or 13 you south the of end holding you do frequency you able once you to go actually a go once other for go other month, a Avenue, into the or a me? other than month, purposes, once for that quantify chance visits. scheduled is that for do you havela reason visits that month? BENGART: Objection 15 MS. PERSICO: Form. 16 THE WITNESS: I you go MR. Delaware of between in random. MR. BY wall's building. the 14 like to as to go once form. a month. HUDSON: Q. When 19 center, 20 housed? 21 A. Some 22 Q. During 23 the center? holding A. at it's Secure building. corner With 8 18 to center? 3 17 relation in the do once approximately you visit the month a in floors to which the inmates holding are floors. your sheriff's tenure office METSCHL Buffalo: 716-856-1906 as to sheriff, ever attempted your to 8 ASSOCIATES Rochester: 585-697-0969 knowledge has terminate a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 97 2 A. Would 3 Q. Sure. 5 sheriff? A. Yes. 7 Q. On office how been 8 A. I 10 Q. Has 11 A. Yes. 12 Q. Has 13 A. I 14 Q. Was has that happened a deputy you' you've since know. happened more than once? id happened more than five. times? know. don't sheriff's the thinking the terminate to it 16 able office the on sheriffs to successfully occasions the you' that re about? 17 A. Yes. 18 Q. And on those 19 you go through 20 earlier 21 of 22 steps Did attempted ever has sheriff, sheriff? don't terminate A. as tenure occasions many the 15 23 question. the your During sheriff's 6 repeat you 4 9 deputy? sheriff's 1 occasions the that today, management the that you you that that process being the division and are familiar you talked with hearing the other discussed? I? METSCHL Buffalo: 716-856-1906 & ASSOCIATES Rochester: 585-697-0969 with, did about one procedural member INDEX I NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 r . did 1 Q. Well, 2 A. Yes. 3 Q. Following 4 the there A. Yes. 6 Q. And what 7 A. The hiring 8 Q. And on the sheriff's did arbitrators 10 11 A. Sometimes. 12 Q. Have is tenure 14 terminated Q. Have there 17 when the 18 where 19 determination Q. On 22 A. I 23 Q. In with terminate to where deputies, involved? been occasions sheriff when of when T- the individuals the were of finding your during unable an to be arbitrator? question? 16 21 become familiar re attempted because The Yes, office as A. A. you' that . 15 20 arbitrator. occasions there 13 is sheriff, deputy process? appellate an those a process? that of terminate to appellate an 5 9 decision a knowledge. your to office, been office you how don't times wanted been have an of many occasions your during to tenure terminate unable a do to so as sheriff sheriff deputy because of the arbitrator? has occurred? that know. addition to Buffalo: 716-856-1906 have arbitration, METSCHL any & ASSOCIATES Rochester: 585-697-0969 of those attempts INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 99 terminate 1 to 2 department sheriff's deputies resulted in MS. PERSICO: Form. 4 THE WITNESS: Not 5 MR. HUDSON: 6 (Brief BY MR. 9 Q. just I Sheriff, Does 11 administrative 12 admÓ look over recall. here notes my for recess.) want sheriff's the to -- trative -- Form. 14 THE WITNESS: Yes. a of any couple points. the there within positions PERSICO: MR. in there are MS. BY just clarify office, 13 16 I HUDSON: 10 15 that second. 7 8 Just sheriff's the litigation? any 3 within are sheriff's the ' office? HUDSON: Q. Do of any resources 17 with deal any human issues? 18 A. Yes. 19 Q. And 20 A. Professional 21 Q. So 22 A. I'm 23 Q. Is what is positions those positions with deal human resources issues? standards. professional standards a position? sorry. professional standards METSCHL Buffalo: 716-856-1906 a position 8 ASSOCIATES Rochester: 585-697-0969 within the a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 1 office? sheriff's 2 A. It's 3 Q. Okay. a division. And 4 professional 5 assignment 6 the HR the issues standards positions and PERSICO: Form. 8 THE WITNESS: They 10 MR. would disputes Q. Is within 12 the be within arise that handle would there position any within yes. them, sheriff's the payroll sheriff's office paperwork Yes. 14 Q. Which 15 A. The payroll 16 Q. Are the payroll clerks employees who do report to? 17 is or you with, know, '(" gpss employees?f of A. position department deals that 13 that? clerks and their administrative of section. the sheriff's office? 18 A. Yes. 19 Q. And 20 A. Chief 21 Q. To 23 that HUDSON: 11 22 the workforce? MS. BY by divisions, 7 9 with dealt John your withholding MS. they Greenan. do knowledge, for PERSICO: 716-856-1906 You payroll within employees METSCHL Buffalo: the mean tax clerks the sheriff's withholding? 5 ASSOCIATES Rochester: do 585-697-0969 any office? INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 101 1 MR. HUDSON: 2 THE WITNESS: 3 BY MR. 4 . do They that yes. paperwork, HUDSON: Q. 5 your What's of understanding paperwork the that A. I 7 Q. Do 8 don't 10 MR. payroll Rath the BY know. the 9 work clerks with Building with respect MS. PERSICO: Form. THE WITNESS: I don't individuals over payroll? to know. HUDSON: t 12 Q. ThebÉeri 13 A. Yes. 14 Q. Is 15 A. Yes. 16 Q. Does 17 A. Yes. 18 Q. Who f'i submitted that it include does the MS. budge 20 to PERSICO: Do Yeah. you the mean office? who prepares the t ? HUDSON: 22 THE WITNESS: HUDSON budget? expenses? for budgeting MR. MR. a county? the personnel 21 BY maintains office Yes. 19 23 they do? 6 11 Yes Chief John Greenan, : METSCHL Buffalo: 716-856-1906 8 ASSOCIATES Rochester: 585-697-0969 his division. at INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 1 Q. And 2 A. Chief. 3 Q. Chief 4 A. Administration. 5 Q. Chief 6 A. Yes. 7 Q. Did 8 A. Yes. 9 Q. And 10 11 what is Greenan's Chief of? administration. of you hire for how Mr. long A. I don't level? Greenan? has worked he for sheriff's the know. MR. 13 think 14 point. HUDSON: all that's thank Sheriff, THE WITNESS: Thank 16 MS. PERSICO: I 17 BY 19 Q. You've 20 A. Yes. 21 Q. And 22 total A. I have a couple for our pour you for I time. at this you. have just of follow-up Sheriff. questions, EXAMINATION you questions the 15 23 management he Is office? 12 18 title? MS. PERSICO: sheriff been you' you've of been 19 for working years; is 11 years; in the that is sheriff's correct? Yes. METSCHL Buffalo: 716-856-1906 & ASSOCIATES Rochester: 585-697-0969 that correct? office for a INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 103 1 Q. At 2 Erie, 3 in time any other than MR. HUDSON: 5 THE WITNESS: BY MR. 7 Q. Erie 9 responsible involved office? to form. No. 11 THE WITNESS: Q. Has Erie, 15 the 16 deputies A. No. 18 Q. The the Erie been County of of County County deputies? of training has years, the by Objection to form. No. sheriff's been there, 20 made the 21 termination of County been question. you' you've those anyone from of a involved at supervise to 19 the determination final been office? During has the responsible sheriff's the or Erie, that years 19 office, at same the the during 19 A. the from anyone 14 17 19 - HUDSON MR. those employed for HUDSON: 23 of County been sheriff's Objection anyone or MR. 22 the purposes, the During 10 13 has years, funding for question. Same of BY 19 HUDSON: 8 12 for deputies hiring 4 6 those during of County with sheriff's years regard that you' you've Erie ever to deputy? Never. MS. PERSICO: METSCHL Buffalo: 716-856-1906 Those are all the & ASSOCIATES Rochester: 585-697-0969 questions I have, INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 l' 1 sir. 2 MR. HUDSON: 3 MR. . BENGART: 4 MR. HUDSON: 5 6 7 Anyone else? No. . Just have -- couple a quick couple a follow-ups. RE-EXAMINATION Q. BY Sheriff, 8 do 9 office, 10 A. No. 11 Q. And HUDSON: MR. your during all the 19 that hiring you, years, went on in do any didn't personally, sheriff's the right? didn't personally, you, -- you, personally, a 12 didn't 13 sheriff's 14 A. No. 15 Q. And do you, A. Correct. 18 Q. And you, the office. 20 A. went on in make the didn't personally, within the all the retention office. supervise within everyone Correct. 21 MR. HUDSON: That's 22 MS. PERSICO: I 23 individuals the didn't personally, that 17 19 of training office. decisions 16 the all· guess the we'll questions have again. METSCHL Buffalo: 716-856-1906 8 ASSOCIATES Rochester: 585-697-0969 I to do have. this INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 105 1 RE-EXAMINATION BY 2 Q. As 3 A. Yes. 4 Q. And 5 PERSICO: all do of eventually, the Through 7 Q. Okay. 8 that 9 sergeants just chain A. It does. 12 Q. So the office, 14 they 15 sheriff's Q. Same with 18 have given 19 pardon 20 employee 21 training. Q. Same "chain command," of deputies said, and not made by that sheriff's the made all someone by -- you. made personally mean their to those with stops are you report captains, that perhaps empowered 17 23 office yes. command, decisions been sheriff's the you? eventually have office? within you, by the office. Someone Yes. lieutenants would A. A. and sheriff's the in say, you' you've hiring 16 22 you like while 13 of command of 11 to when of individuals chain And head the the report, A. you are sheriff, 6 10 MS. me regard or -- to have supervision. METSCHL Buffalo: me, the 716-856-1906 yes. While training. conducted someone would with by the who been training, was your you someone -- for may 8 ASSOCIATES Rochester: may designee responsible While you 585-697-0969 not your or all have not of that INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 l' 1 supervised, 2 the 3 people 4 responsible on over 5 A. Yes. 6 Q. Same within thing terminated 8 have been 9 been at 11 12 13 of sheriff's the command of one every would of office, been have supervision. with termination. each and of one within the had within final that years 19 not may employees the someone office, have you While every terminated would ÉY And I have that that you' you've your chain of say. understand 15 I 16 who have 17 the holding asked 18 A. Yes. 19 Q. Certain 20 A. Yes. 21 Q. Did 22 A. No. HUDSON:,. MR. just 14 23 that and Yes. RE-EXAMINATION Q. chain sheriff's command A. employees your for each basis, daily thousand a 7 10 a one your testimony you earlier some MR. Do health 716-856-1906 with respect some non-sheriff's and All up right. staff? to you? Thank you. 585-697-0969 office. personnel those 8 ASSOCIATES Rochester: the or medical I Sheriff, to remember you report ultimately HUDSON: point. responsibilities, center. METSCHL Buffalo: about duties, mental they clarification have work within questions? INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 107 1 MS. PERSICO: We 2 MR. HUDSON: Yeah. 3 THE VIDEOGRAPHER: 4 examination. 5 there's 6 is 7 supplied, Off new or how our is MS. PERSICO: 9 THE VIDEOGRAPHER: of them 11 12 with MR. You BENGART: 14 MR. HUDSON: 15 THE VIDEOGRAPHER: MS. to going does guys are I'll Maybe. it all supply now work obligated talk anyone Does you 19 MR. HUDSON: 20 MR. BENGART: you Doesn't PERSICO: since supply is re that to. Jim to want about to a it. copy video? this 17 21 same. represented? separately MR. 18 you' how Yeah, 13 16 now? the stay billing being county working will So the transcripts? HUDSON: everyone'si it since assuming the billing No, And I'm normal, the the 12:25. record, involved, 8 10 concludes This the counsel from changing done? requested I don't The the video the video? come with know. I responsibility, understand, guys. 22 MR. HUDSON: 23 MR. BENGART: METSCHL Buffalo: 716-856-1906 I know with We're all 8 ASSOCIATES Rochester: parties, parties. 585-697-0969 but -- the of INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1 1 MS. PERSICO: 2 THE VIDEOGRAPHER: 3 Got Yeah. So you're supplying it. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 METSCHL Buffalo: 716-856-1906 & ASSOCIATES Rochester: 585-697-0969 everybody. INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 109 ERRATA 1 SHEET 2 3 LINE PAGE change: 4 reason: 5 reason: change: change: 6 reason: change: 7 reason: change: 8 reason: change: 9 reason: change: 10 reason: change: 11 reason: em .change change: 12 'reason: 13 I 14 hereby I that did review and if correct necessary and that the pages foregoing true and of accurate recording deposition 15 are a proceedings certify this through said . 16 17 Subscribed day and sworn to before of me this , 18 19 Notary Public 20 21 22 23 METSCHL Buffalo: 716-856-1906 8 ASSOCIATES Rochester: 585-697-0969 20 . INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 01/04/2018 1" 1 1 STATE COUNTY NEW OF OF YORK ERIE 2 Debra I, a Doron, 3 State New 4 witness before the was, sworn testimony, duly and but truth, nothing was taken pursuant to herein set that forth; of That do York, whose testimony commencement the 5 6 7 in shorthand 8 into after, the certify correct at foregoing transcription the time was testimony under my a supervision, I full, shorthand the whole testimony place and taken down and language, testimony of the is the truth, that truth; notice said English the the herein appears his/her of the testify the and me by transcribed to for certify: hereby before and in Public Notary hereby and true, notes taken. so 9 I 10 nor way further related interested that certify to I parties to the outcome any in am neither said action, counsel nor for in any thereof. 11 IN 12 name this WITNESS 10th I have WHEREOF, of September, day hereunto 2017. 13 14 15 16 17 18 Notary State 19 Public of NW York 20 21 22 23 METSCHL Buffalo: 716-856-1906 8 ASSOCIATES Rochester: 585-697-0969 subscribed my FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 INDEX NO. 803449/2013 RECEIVED NYSCEF: 01/04/2018 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 INDEX NO. 803449/2013 RECEIVED NYSCEF: 01/04/2018 • • INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC.RICHARD NO. 215METCALF, COUNTY RECEIVED NYSCEF: HOWARD 01/04/2018 SHERIFF TIMOTHY SR. vs et al. OF ERIE, Administrator (1) 4:18 A admission (3) 84:8;85:3,12 ability (10) 4.8.15.6.16.1. 4:8;l5:6;16:1; affiliated Above absent 50:9;62:6;63:5;70:1; 71:19;104:23 (1) absolutely 39:20 agree agreement 13,17,20;74:2,8,13, 16;25:8;54:10;56:7, 20;66:16 agreements (3) 56:23;66:20;67:10 (4) According 25:16,20;48:21,22 account ahead (3) 12:3;14:17;32:23 (2) allowed 14:2,5 accounts although addition ~ apologize (18) 75:12,21;76:1;83:1; 93:20;94:10 (2) 37:19;95:17 (1) (2) (1) Administration administrative 99:11,12;100:15 (2) (1) 49:7 (2) (3) (1) 31:4 (1) (2) 77:15;80:9 (1) Buffalo: broader (1) broken 28:8,16 beginning 27:2 Brotherhood 59:18 (3) 6:1;95:18;96:4 (11) Brown (1) 5:3 budget behalf (2) 101:12,20 (3) 5:3,6,10 (1) (1) budgeting 101:18 61:18 Buffalo below (2) 17:1,4 (20) 4:16;6:1;54:2,3,7, 11,17,18;55:2,5,21; (24) 15:15;24:4;25:15; 56:2,21;57:1,4,5; 58:4,6,8,14 30:2;35:11;39:16,16; 46:3;48:16;52:12; 53:3;54:19;57:7,l (3) 1; (4) building 73:7;96:3,5;101:8 bunch (1) 30:10 Bye (1) 35:4 5:9,9,9 beyond C (4) 11:4;28:19;82:9; 83:2 (1) (1) 39:18 call (7) 30:10;34:5,9,19, 21;35:21;41:19 called (3) 6:2;8:5;36:8 (1) calling 35:20 (2) billing 107:5,7 calls Bills can (31) 10:6,22;13:11; (19) 54:2,3,7,11,17,18; 55:2,5,8,14,21;56:2, 21;57:1,4;58:4,7,9,14 4 ASSOCIA'IES Rochester: (1) 24:20 (1) 92:4 (1) (1) 48:20 (4) 47:11;60:1;64:22; 98:10 better (1) (1) 67:19 (2) best (2) 4:3;6:17 (5) Authority 32:10;33:13;36:22; 40:1;65:19 716-856-1906 (3) 35:18;91:5;99:7 become Besides (1) (1) Brief (5) Bengert (1) (1) 7:1 5:11 attempts METSCHL Min-U-Script® break Brian 58:15;60:4;62:20; aware (2) 53:18;72:15 (1) 76:22;87:6;96:14; 104:3;107:13,20,23 Avenue approved branches 43:5 attempted available appropriate based (5) 14:20;69:5,6; 88:12,16 (2) BENGART 4:15 appointment 102:4,5 (1) 37:19 4:3 15:7,11 43:4,13 53:20;63:19 August (1) appoint (2) (2) assist audio (1) 11:3 23:6,7,12;24:9;25:8; 66:15,20 behind attorney 7:15 68:4 (2) (1) attending 40:5 27:10 applies 47:19,21 administers (2) 98:4,6 66:4;90:22 73:20 administered appellate application (1) (2) 98:23 applicable address administer (1) 40:3 42:6,11,15;61:7; (6) 79:18,21;80:2,6,14, 19 (3) 96:23;97:4;98:9 (1) appears 22;33:6;41:8,23; assessment assuming 107:5 36:9 29:5;31:7,14,19, addressing 33:23 (1) branch became (3) 7:3;46:13;48:8 90:20 98:23 (1) 18:8 assume (2) 92:5;94:4 Apart (1) additional answered 57:17;58:6;70:2; 71:20;77:6;91:8;92:1 33:19;34:3;78:6; 84:23;l06:1 assignments (15) 20;77:4,18,23;89:22; 90:2,8,15,20;93:22 (6) actually 39:14;52:3,4;57:8; 61:20;96:6 assertion assignment (1) Bob basis (1) 8:19 (4) 63:3;68:9;73:5,8 47:23;76:3,4,7,17, 4:9 (3) 54:23;55:5;57:3 100:5 annual (1) arrangements assigned 4:21 (1) 42:13 (2) (1) Anderson 36:8;50:10;55:1; (11) bargaining 21:23;22:14,19,23; 54:14;58:3 (4) 32:13;38:21;39:10; 52:23 27:11;61:9 (1) arrangement aside Board (17) background (1) 100:5 assessments 24:21 (2) 6:8;9:22 arise 80:10;90:21 America action (1) (1) 33:15 accurate (4) 8:19,22;l9:2;64:1 Active (1) 49:17 (2) 14:7,1I actions (15) 23:1,6,7,12;24:9,13, (1) accepting 30:22 (1) 61:14 33:1;34:8,19,21; 33:21 21:23;22:14,19; 21;75:2,12,20;76:16, 82.18. 20;77:4,22;82:18; 83:2;93:22 (3) 10:1;37:5;51:17 around (3) 4:14;l9:15,19 (22) academy 72:23;73:1,3,6,9, areas 31:3 6:7;30:4;38:7; 42:19 block 17:13;18:3;30:3; argument (9) back (1) 98:10 (3) 52:9;58:22;59:2 (2) biweekly 11:15,16 B (3) arbitrators (14) 67:14,14;68:2,3,6,23; 69:3,6,6 (1) bit 98:7,14,19 20:3,6,9;66:13,21; again (3) 56:4;57:5,22 away (2) 36:16,16 (1) arbitrator AFSCME (1) Bills' 23:6;24:6;58:13; 74:6,14,19;79:16; 82:15;85:1;94:6,17 98:23 (2) 37:14,21 52:13 (1) arbitration (1) afield able (5) 16:8,16;61:3;96:9; 97:14 (1) approving 80:4 approximately 96:18 73:18 26:18;31:14,18; 41:23;42:5,10,14 15, 2017 August (1) 35:15 15:11;18:10;22:8,11; 23:21;29:8;30:3,7,9; (1) ability 585-697-0969 - can INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. RICHARD NO. 215 RECEIVED NYSCEF: 01/04/2018 SHERIFF TIMOTHY HOWARD SR. vs METCALF, OF ERIE, et al. COUNTY 31:1,10;34:21;35:14; Chiari 46:23;47:14;48:3,17, 5:3 23;49:3;50:10;56:6; August collective (1) chief (9) 23:5,7,11;24:9;25:8; 66:15,20 57:7;62:21;63:16; 12:22,23;66:3; 75:14;77:6;91:2; 94:21 100:20;101:22; 102:1,2,3,5 candidates (1) 61:11 chiefs (1) coming 39:3 chin (11) 9:10;17:1,3;44:16; 46:18,19;47:6,7,11; 52:13;60:3 captains (3) 44:16;52:10;105:9 captains' (2) 59:11;64:9 captain's 4:6 citizen 60:20 civil 16,18,21;18:8,18; 19:7,19;20:1;26:17, 42:12,13,18,18,20, card 21;43:4,5,14,21;44:2; 45:2,l 1;47:6,20; care 50:15;52:15;53:7; 60:8;63:18;69:16 (4) 87:22;89:15;91:3,6 (3) 71:7;72:9,16 case (4) 4:17;8:1,5;39:4 Cathcart (7) 76:8,9,13;82:8,9, 16;92:7 cause civilian 20:16;66:5,7,12, 22;67:5,8,8,18;68:5; 69:9,18;79:4 claims (1) 9:20 (6) 4:9;9:22;15:14; 16:3,9;51:15 clarification (1) 106:13 clarify 99:9 cell (1) 34:21 class (17) (1) (19) 10:11,14,19;12:14; 49:21;50:7;51:4,14; 20:19;21:4;38:20; 86:12;87:10,14; 90:16;94:19 74:23;79:4,11;95:22; 96:2,7,19;l06:17 certain 29:4 70:20,21 compensate compensated 59:16;60:2;75:2,3,5; classification competitive chambers (2) 34:9;35:23 chance 75:11,20;76:16,19; 77:3 51:4,14;59:3,7,16; 75:11,15 (1) Chauffeurs 24:21 (1) co-employers (1) 24:18 11:14,17,20;12:13; 13:2,8,21,22;14:1,8, (1) 12,16,21;l6:10;l7:5, (1) — -5 Min-Ser;pt conducted (6) 27:12;52:23;73:6; 84:8;90:8;105:18 (1) (2) 84:3;94:6 covered confusion (1) Covering 4:5 covers (5) 84:21;85:2,5,7; 86:8 (2) 59:15;82:3 (1) (1) 36:1 crime (1) 60:22 criteria (4) 61:4;65:6,8,10 Cross (3) 4:20;5:8,10 CSEA (12) 20:3,11,20;66:13, 22;67:14,14;68:7,7,8, 8,18 current (3) 21:18;22:18;23:5 5;22:19,20;23:1,2,8, (3) currently 16:18;28:2;55:5 8,16,17;24:17,18; curriculum 25:14;26:7,8;27:13; 28:19;29:4;31:13,18; 32:9,13;33:6,9,12,13; 36:22;38:18;39:3,4,6, 11,14,23;40:2,17,17; (11) 76:15,19;77:3,9,11, 15;80:5,9;81:3;85:7; 86:8 cut (1) 48:11 D 54:3,6,15,16;55:1,6, 7;56:1,2,3;57:1,4,21; (1) 17:21 considered (3) 48:13;49:4;51:17 716-856-1906 (6) 66:22;67:19;77:18, 22;78:4,7 41:22;45:9;53:18; (3) 52:5,6;70:5 M1 TSCHL Buffalo: 6,11,12;18:2,9,18,19; 19:3;20:18,19;21:3,4, (4) 51:16;83:22;89:23; 90:2 content (129) 9:14;l0:11,14,18; 34:18 (3) 18:19;19:3;25:14 (2) 73:22;74:12 7:6,10,l1;8:17,21; confidential co-employees (1) (4) 4:19,19;5:6;6:10; (1) conference 29:19;36:19;38:22; 39:18;41:15 (2) 10:21;87:15 cover crew 4:23;5:18;7:13; 107:5 County (1) 25:4 COC (5) changed changing 107:6 conduct (4) 36:4,10;37:19,23; 83:6 counties (2) 107:3 100:15,16,21; 101:7 88:3 (1) completion clerical costs (1) 33:10 Counsel (2) (17) 5:13;9:18;34:4,15; creation 9:22 (1) 93:14 created complete (1) 30:23 cost (1) 55:2 conditions (7) 34:13,16,23;35:2,4, 22;36:3 (4) 99:9;l02:16;l04:4, 4 86:12;87:10,14; 90:16;94:19 clearly (2) 33:20;37:16 66:9 couple correctly (2) 24:16;25:5 (1) (4) 33:14;36:17;38:17; 39:7 60:2;63:2,23;64:1,8; 33:8 CLERK Corrections 11,19,23;46:14;47:2, concludes (1) (4) 20:13,18;21:3,5 13,20;74:1,8,21; clear clerks (2) 94:23;96:10 change 4:11 correctional 14,15,17,19,22;45:2, 95:22 (1) (1) (15) 29:4,5;73:6,9,11, 73:8;75:17 (2) 31:2;35:11 69:10;l05:6,7,10; 106:3,9 (37) county's 38:6,9;39:12;40:11, 15,21;41:5,11,18 43:5;44:5,6,8,10, concern (6) (1) 75:19 64:17,19 (2) 20:10;66:10 corner 101:14;103:1,7,8,13, 13,19;107:6 court cooks 96:5 compensation clean 5:20 (1) completed (2) (1) copy (1) 107:15 11:8 48:10,11;63:9;79:10; 86:20;106:19 chain (2) 74:12,15 complex (1) (2) 88:7,21,21;89:4; courses convicted 60:22 commissioner Clay (4) 82:13,16,17,18 certification (1) 79:1;86:19;87:11; course (1) 38:12 Commission (10) 38:3;41:9;46:1,2; (2) certainly 81:9;94:9 controls (1) complaint 44:22;46:14;47:3; 70:16,19;71:8;72:17; (3) 14:2,7,11 6,7,18;49:7,21;50:6; cease (1) 23:14 Center control 54:17 (13) 24:2,7;25:12,16,21; (2) 67:5;68:13 4:12 (42) 15:3,4,6;16:7,9,12, 21:11,15,18;23:18; contracts (7) comments 18;27:6,7,8,9,15; (2) 45:4;47:13 (1) 52:8,11;105:6,7, 10;106:3,10 (1) (24) 58:11;67:20;68:2,3,8, 11,12,18,23;69:3,7 command (1) contract 54:3,7;55:14,20; (1) coloring 29:22 12:9 captain 60:5,7;92:4 (11) 21:23;22:13,19,23; 15, 2017 58:4,6,13,19;63:10; 66:18;67:15,21;68:4; daily (3) 94:22;95:12;106:' 94:22;95:12;106 69:2;70:14,15,21; David 72:15,17;73:12,16; 74:4,7,13,15;77:2; (3) 4 ASSOCIATES Rochester: (1) 25:9 day (1) (2) candidates 585-697-0969 - day INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC.RICHARD NO. 215 METCALF, OF ERIE, COUNTY 10:5 RECEIVED NYSCEF: HOWARD 01/04/2018 SHERIFF TIMOTHY SR. vs et al. 79:17,20;81:10;88:4; days 89:18;93:6,11;94:1, (1) 55:3 16;98:9;99:1;l03:3, 9,16;105:8 deal (2) 99:16,19 (47) deputy deals 21:7;44:12,13,15, (1) 100:11 dealt (2) 71:17;l00:3 decision 15:18;l6:5;27:14; 51:19;98:3 decisions 9;52:5,6,11,18;53:8, 55:16,17;62:7,13,18; 11,19;66:5,8,22;67:5, 75:17,19,20;76:1; discipline 77:18;78:4,7;86:11, 8,9,18;68:4,5,8,10; 18;87:2,9,13;88:2,7, 70:14;74:3,4;79:4; discretion 11,15,19;89:5,8;90:9; 80:1,18,23;81:4; 95:11;96:22;97:3; 84:18;86:5;94:18,19; 100:12,16,22;l06:2,7 designate Delaware despite delving 38:9 Demarco (5) (1) Department (27) 4:20;7:10;8:17; 11:22,23;12:5,12; 16:10;22:20;23:2,9, 17;24:18;27:1,4,16, 21;31:8;40:12;43:22; 44:3;49:22;66:17; 69:23;71:16;99:2; 100:10 departments (1) depending 51:15 (1) deposition (8) (1) 37:17 5:7;l8:18;l9:3; 26:2,23;37:4,13; 38:20;44:10;54:4,8, 11;55:3,6;58:23; 72:23;73:13,16; 74:13,16;75:11;76:4; Edward 32:17;33:10;63:8,9, 19,20,22;64:23;65:1; 66:3;73:4;80:1,18; (8) develop 50:16;51:3;72:11; 83:15;84:18;85:2; 76:15,19;77:3;85:20, 23 developed (4) 72:8,14;77:8;81:9 (4) developing 50:19;85:17;92:9; 93:4 development (1) 87:3 60:1 25:3 different (6) 12:9;38:14;52:5; 59:23;64:1;68:12 (2) 83:16;92:8 diploma (1) 60:21 38:23;39:22;41:4; (2) 39:5 documented emergency 91:22 documents Emerling 4:22 (3) 81:15,17;95:12 (5) 7:17,20,21,22; 78:15 (5) 55:13,16;59:20; 65:18;107:1 (3) 28:14,15,19 (1) 29:20 downward (1) 61:18 METSCHL Min-U-Script® Buffalo: elsewhere 716-856-1906 (2) 9:1;73:11 enough (1) entails (1) 93:12 entered (6) 5:17;23:1;24:17; 54:3,6,10 (1) 25:2 (1) equivalency 60:21 Erie (1) (97) 4:19,19;5:7;6:10; 7:6,10,11;8:17,21; 9:14;10:11,14,18; (1) 11:14,17,20;12:13; 13:2,8,21,22;14:1,8, (1) 11,16,20;l6:10;l7:4, 6,11,11;18:2,9,18,19; 19:3;20:18,19;21:3,4, (5) employ 29:5;31:7,14,19; 61:12 5;22:20,20;23:1,2,8, employed 25:14;26:7,8;27:13; (5) 11:5;l3:2;71:8; 88:20;l03:8 employee (4) 51:17;53:1,6; 4 ASSOCIATES Rochester: enforcement equitable else (6) 63:14;73:15;82:12, 13;94:15;104:2 95:4,7 done (1) (2) 43:1;61:8 25:7;32:3,4,20,22; (1) 6:23 59:10 (5) eligible Donovan (1) 75:16 directive (17) 21:22;22:3,18; documentation (1) (9) 15:5;23:6,12,14; eligibility 64:21 document (1) endurance 4:21 effect (4) 6:9;7:5;l2:6;28:9 (3) 12:9;63:9;l00:4 (2) 94:23;95:1 41:19 (1) elected divisions encounters ended 30:9;37:6;76:16; 77:22;94:2 89:11;97:21;l00:2; 101:22 56:10,14,18,23;57:9; 85:5 (1) direct 86:5;87:5,15;88:4; (1) 105:16 11:19;23:15;33:21; 91:3;96:4 (1) 4:11 either (6) 25:4;29:14,15,18, 21;35:8 end (5) (1) 24:10;25:13;51:9; 65:3;67:2 81:1,4,14,18,19; Diina (37) 14;15:2,9;20:17; 21:7,19;29:6;31:23; (1) differences 6:12,16;31:4;34:1, 12;37:2;66:11;95:18 edit (1) differ 37:6 (42) 12:9,15,21,23;13:4, employment empowered (7) 9:4 division determining 37:11 82:13 Eden (1) (2) 24:19;25:1 (3) 13:4;70:18;71:3 21;94:11;97:20; 106:15 65:14 employer employs 51:16;66:11;93:14, (1) distinction 39:1 (1) depositions disputes (1) determined 49:22 earlier (2) 32:16;36:11 37:20;49:7,13; 98:19;103:20 (2) demoted deputies dispute 100:5 determination 5:9;57:12 E (2) 33:22;34:3 (8) 37:18 (1) 10:10;82:21; 106:16 (1) dismissal (1) 34:16 (3) 6:1;95:17;96:4 (3) 33:21 (1) 61:22;62:1,8,17; 105:19 desk Denise 97:22 (1) 27:17,18;43:18; (3) 23:22;24:1,6 duties (1) discussions designee 4:23 98:12,16;103:1,7,14, 18;l04:7 (1) discussed 68:12 degree (3) 33:15;45:14,18 37:2 62:4 designation (1) (4) 50:4;51:16,20;53:7 discuss (1) deemed 5:12 5,6,6,7,15,15;38:22; 64:17,23;73:3,5; 53:6 defendants (1) 44:2,4;50:17,20;51:5, designated (1) 42:20,22;43:1,21; (1) 18:1,8,9;l9:8,19; 51:20;53:6,10,15,17; Dee (3) 4:20;5:8,12 Defendant (44) during 6:16;8:13;11:1; 65:14 31:13;33:5,8,23,23; 97:1,4;98:3,17; 103:21 (2) discharge 20:2,5,11,14,16; 25:13;26:17,19;27:4, (1) (3) disciplinary 51:19,21;52:19 19;39:8,15;59:20; 44:6,8 (72) 17:4,6,7,10,16,23; duly (1) 6:2 discharging 50:17 89:10,21;90:9,15,22; 16;63:14;104:16; 105:12 105:20 employees drawn (6) 18:7,12,17,23; 25:12;30:1 13;48:9;52:9;54:15; 27:20;36:13,17,18, 61:20,23;62:1,9,14, (4) 56:7,20;57:8,10 disagree 51:21 86:21;88:9,13,17,23; (17) draft (1) directly 29:15 23;46:15,18,21;47:4, 59:6,16;60:1,12,18; 62:4;63:1,6,12,17,18; (5) 15, 2017 August 8,16,16;24:17,18; 28:18;32:9,13;33:9, 12;36:22;38:18; 39:23;40:2;45:9; 54:14,16;55:1,6,6; (3) days 585-697-0969 - Erie INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. RICHARD NO. 215 COUNTY RECEIVED NYSCEF: 01/04/2018 TIMOTHY HOWARD SHERIFF SR. vs METCALF, OF ERIE, et al. Exhibit 70:15,21;72:16; (8) 22:1,4;23:19; 24:10;32:4;56:8,l 73:12,16;74:4,7,13; existed 87:11;88:21;89:4; 103:2,8,8,13,14,19 (1) 62:20,21;63:16; 67:12,22;68:14; (2) giving 32:8;40:5 72:18;74:17;76:22; Good (1) 26:13 field 79:7;80:20;81:6; filing (1) 5:20 90:17;93:17;96:14, (1) 75:15 (1) 21:19 exists (1) fill (1) 82:5 establishments expenses (1) 25:3 experience estimate (1) experienced (2) expired (2) 4:18;5:3 explain (6) 89:22;90:9,20,21; 95:5,8 evaluations (1) 4:21 (1) (2) firing 38:13;41:13 (2) extent (1) first-line everybody 108:2 (1) external Fiscal - - 38:10,21;39:10;40:1, 11 F fit (1) 52:11 (1) everyone's (1) 107:12 every-six-months (2) facility 10:17;11:6 five fact (4) five-point (1) facts (1) 69:22 exam (1) 46:2 followed 59:12,12,12;60:1,5,7, fair 7;61:1,5,8;63:18; 64:16 EXAMINATION (5) 6:5;43:12;45:23; 102:18;107:4 example (1) 54:1 (12) 22:16;50:3,5;52:4, 19;56:17;57:3;58:11; 92:15;93:1;97:18; 98:8 familiarize exams (3) 43:6;46:11;60:2 (1) 5:21 exchange (1) 54:17 (1) Exclusively 74:4 executed (7) 14:20;56:1;58:19; - -. Min-Leeript follow-up 102:16 February 32:8 (1) (1) (1) 85:23 (66) 5:22;l2:2;13:10; (1) 14:17,22;15:10,15, 21;16:23;l7:9;l8:10, FTO (7) 73:7;75:20;76:16, 20;77:4,23;93:22 (1) granted (1) (1) (3) 100:20;l01:22; 102:7 Greenan's (1) 102:1 Grisanti funds Grisanti's (3) 35:20,21;41:19 (1) (1) 35:22 guarantee (2) 10:4;40:8 (1) 4:11 G guess (1) 104:22 (1) 37:21 (6) guidelines (2) 43:8;47:19 guys (2) 107:13,21 (1) 55:3 (3) 56:4;57:6,22 gave (1) 95:17 (2) 9:5,6 59:18 hands (3) 43:3,10;50:14 felt (1) 16;49:23;50:8;52:12, (1) (2) happened (3) 97:7,10,12 harmonious (1) 24:23 (2) 11:3,4 given (1) 100:8 4:6,6 generated Gipson Rochester: (1) 84:16 (1) 4:5 generate 31:9,15;32:1,18;42:2, & ASSOCIATES hand handle feel (3) 31:13,18;37:13 MICTSCHL (1) 25:10 (4) generally 56:17;57:3;63:13; 64:12 generating 84:10 716-856-1906 Hall (1) 24:4;25:15,19;26:20; 7;45:20;46:3;48:15, H half (1) 58:21 20;19:4;21:12;23:20; Buffalo: graduation (2) funding 37:5;l03:2 (3) 35:7;36:15;89:3 IL><' (1) 9:6 Greenan (1) 4:22 general follow-ups form Gowanda 34:20 gears far (2) 37:13,21 53:18;54:15;58:13; 67:15,21;68:4;70:15; games (1) forensic 39:15;41:22;42:5,10; Great (1) Frys game (1) 6:3 (1) family 91:23 (19) 14:16,21;26:8; 51:18 7:12;8:10,12,16, 23;l0:15 (2) following 5:16;98:3 follows government guidance 104:5 federal (1) 57:9 executive (1) 22:9 (1) 5:6 Gallivan 73:7 familiar Friedman (1) (2) 96:19,21 (2) 59:10;90:14 (1) governing 21:18 60:21 further (1) 56:16 floors fail (1) 61:14 flip (1) 38:15 (15) 43:5;45:4,l1; frequency 96:6 41:8 (2) 87:21;97:12 15:5;19:7;31:21; 50:7 48:1 exact (8) 32:9;33:12;36:22; (1) 88:19 104:18 (1) 89:12 (1) (4) 32:15;33:5,8;36:14 front (6) 5:2;6:6;33:13; 35:22;36:7;48:4 72:15;79:1;88:12,16, 21 (1) 4:7 (6) 7:23;8:4;24:15; 61:15;90:3;94:14 39:9 (2) first fourth frame (4) 16:1,8;26:18;41:23 (1) 49:22 67:20 even (1) 48:13 eventually 105:5,10 fire (3) 41:14;55:1;58:6 9:22 (1) finding 98:14 48:3,5 (1) everyone (2) 103:20;106:10 fired extended extends forth (1) 39:9 (4) (3) 90:21;95:2,9 final 13:9 explore 89:23;90:2,15; 94:16 except (2) (3) 23:18;24:2,7 94:18,23 formal (1) 28:23 75:16 evaluation 15;99:3,13;l00:7; 101:9;103:4,10 (1) 49:14 80:12,17 16:16 evaluate 86:2,22;87:6,16; filled (1) 101:16 Estate 57:23;58:15;60:4; 15, 2017 6:12;88:3;89:18, 21;93:23;l05:18 FICA 39:19 existence (1) 25:1 Evans 1; 20;53:3,21;54:19,20; few (1) 34:19 57:12 77:2;79:1;86:19; establishment 31:21 69:2,5;88:12,16 56:2,3;57:4;58:4; 63:10;66:18;67:20; essentially 37:1 August (6) head (2) 40:12;105:2 headed (2) (4) essentially 585-697-0969 - headed INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC.RICHARD NO. 215METCALF, COUNTY OF ERIE, 12:21,23 health (25) 70:11,14,19,20,21; SHERIFF TIMOTHY RECEIVED NYSCEF: HOWARD 01/04/2018 SR. vs et al. August 19;62:1,9;63:3;98:7; 103:3;104:8;105:12 71:7,17,17;72:9,9,16, (2) history 51:16,17 16;77:21,22;78:3,7, hold 103:4,6,10,12;104:2, 4,6,21;106:12,23; 107:2,11,14,19,22 7:8,9;8:16;9:1,7; hundreds 16:21;l7:3;36:3; 52:15 61:17 (2) 27:2;30:3 holding (6) 51:21;52:3,19; 53:7,10,15 (9) 70:16,19;71:8;72:17; 74:23;79:4,l1;95:22; 96:1,7,18;l06:17 holds (3) 17:10;18:1;44:13 Honor (11) 8:20;28:18;46:15; 36:5,7,15,20; 48:9;53:2,14;66:7; 74:23;78:18 38:16;39:21;40:6,23; 41:10,16,17 Hello hours (2) 36:4,5 (1) housed HOWARD (1) 50:16 6:1,6,9;l1:8;22:3; 34:12;36:6;41:21,21 (1) HR (1) 24:21 100:3 (1) HUDSON hereinafter (2) (168) 5:2,2,13;6:5,7; intake I (3) 81:1,5,11 identification (3) 22:1;32:5;56:8 (2) identifying 84:4;85:2 (5) 7:20;37:5;84:3; 93:14;l01:16 individual introduce 71:13;73:15;78:17; 65:17 hire (22) 22:2,8,12;23:23; 79:14;80:13,17; 24:5;25:17,20,22; 86:11,15;90:14; 26:22;29:9,14;30:1,8, 98:13;101:7;l04:12; 105:4 17;32:3,7,21;33:1,4, 19;34:2,10,10,14,21; influencing 36:18 35:1,5,16,20;36:1,1, informal 5,11;37:15;38:5,8,16; 15:7;16:1,8;26:18; 40:7,19,22;41:16,20; 28;6;33:6;38:22; 42:4,9;45:22;46:8, 41:23,23;42:6,11,14, 12;47:1;49:2;50:2, (1) (2) 56:6,9,15;57:10,12, 92:10,17,19,22;93:7, 15;94:1;96:19 63:21;67:13;68:1,16; 70:2,6;71:20,23; 12,12,13,17,19;64:3, 3 72:20;74:20;77:1,10; (28) hiring 9:20;27:14,20; 79:9;80:22;81:8; 84:14,15;86:4;87:1,8, input (5) 36:18;68:18,23; 69:2,5 inquiries (2) 88:8,12 in-service (13) 18,23;88:1;89:16,17; 76:3,4,7,9,13,17, 36:13,17,18,19;37:3, 90:13,19;91:2,8;92:1, 11;38:13,19;39:15; 6;93:19;96:17;99:5, 20;77:4,18,23;82:23; 83:4;93:23 41:13;42:21;59:20; 8,15;l00:9;101:1,3, 60:18;61:8,11,13,17, 11,21,23;102:12; inspector Buffalo: (1) 9:11 METSCHL Min-U-Script® 716-856-1906 (23) 18:6;23:16;54:6, 13;55:13;56:1;72:13; (4) 98:10;l03:2,14; 107:5 issue (2) 34:14;37:19 77:14,21;80:8,23; 81:13;84:2,6,23; 85:10,22;87:13,19; 93:20;96:22;98:1; 100:21 Koch (4) (2) 11:3,4 L 84:4;85:2;91:13; 13;43:23;44:3;58:23; (1) 9:9 J inmates 10,13,22;51:2;52:14, 59:3;60:10;63:1,2,6, (2) 46:5,9 knowledge involved (2) 59:23;85:7 22;53:5,23;54:22; 60:6,13,15;62:23; 61:9 initial 18;61:4,15,20;62:4; 102:7 14,17,20;58:2,16; (1) investigator issues keep (4) 29:9;30:16,17; 41:12 kind investigations 37:9;99:17,19; 100:3 15,20;43:19;45:10, (21) 27:1,4,9,13;28:11, (1) 27:12 95:2,3 (14) 71:17;72:16;81:11; hired (1) investigation (1) 4:22 4:23 individuals K Kawatek 54:3,6,10;61:19; 95:9;96:6 (1) 61:10,10,15,21;63:2; (1) jumping 46:10 (16) 45:18;48:20;52:11; 14,16,18;21:14,22; (1) 38:4 53:1;64:3;68:22; 89:18,21 18:3,5,14,22;19:6,11, (1) judgment (1) 38:10;39:17;41:15; high 35:15,20,21,22; 39:16;41:19 5:17;24:17;37:5,9; (8) 53:10,13;60:18; (9) 30:11;34:16,17; (2) 29:22;34:9 45:10;47:10;49:6; individually 5:7 (1) 30:2 judge's (1) 27:10 into 17,23;17:2,13,18; 12,15,18,21;31:5,12, (1) 91:22 43:9;48:7,9,12;50:6; himself 4:10 interviewed 13:13;14:19;15:1,13, (4) 12:5;45:10;49:15, 17 (1) International (1) join judge interference 24:20 10:3,7,8,21,23;12:11; highest (2) 100:20;101:22 Jr (1) 4:18 (1) interrupt 24:19,22 (2) 39:2;61:16 intended (1) 81:3 Hi (2) 34:10;36:1 higher (4) 11:8;63:3;64:17,18 (1) joining 35:11 (1) intelligibly 4:9 4:12 include (29) 11:5;15:7;l7:3; (1) 60:21 job John (4) 30:22;74:1,7;88:3 (2) 36:23;40:4 (9) (1) 107:14 instruction indicated (1) 96:20 hereby 5:18 (1) Including 58:19 25:4 help (1) 85:23 Helpers hypothetical includes Jim (2) instructing 30:15,18 21:3;38:20;46:15; (4) hearing 52:4;53:1,2;97:20 helped (1) 12:13;l5:7;20:18; (1) 51:18 held (3) 36:15;86:19;94:9 48:8 (22) (2) 5:5;34:10 (1) instructed 4:6;l0:11,14,18; heard hearings instruct Jennifer 33:18 (2) 99:16,19 11;85:11,23;92:20, 7:16;39:21 (2) 41:2;46:10 human (9) 22;93:8,15;94:3; 106:19 hear instead 15, 2017 larger jail (44) 12:15,21;13:4,14; 15:2,8;20:17,19;21:4, 6,7,19;29:5;31:22; 32:16;33:6,10;63:8, 19,20,22;64:4,13,15, last (9) 8:3,3,6;25:7;50:23; 75:5,7,9;91:9 later (1) 40:8 79:23;80:18,23;81:4, law (3) 9:1;50:15;73:11 14;83:15;84:18;85:1; learn 22;65:1;73:4,5; 86:5;87:4,15;88:4; 89:11,14;93:6;95:9 (3) January 7:7,8;9:17 Jen (2) 4 ASSOCIA'IES Rochester: (1) 68:3 (1) 7:23 learned (1) 8:4 least (1) 82:14 (5) health 585-697-0969 - least INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. RICHARD NO. 215 TIMOTHY HOWARD SHERIFF RECEIVED NYSCEF: 01/04/2018 SR. vs METCALF, OF ERIE, et al. COUNTY 39:22;91:18 (1) leaving 61:18 maintain (1) 33:15 M (1) may (8) 4:9,12;38:5;48:5; 95:15 legislature (1) 88:8 maintains (2) 80:17;102:5 (6) 9:10;47:5,7,11; 60:3;89:13 lieutenants (4) 52:10;90:4,5;105:9 lieutenants' (3) 46:20;59:12;64:10 limit (3) 41:22;42:5,14 limitations (3) 60:10,17;61:7 limited (5) 9:19;31:13,18; 37:14;42:10 (1) limiting 9:23 (1) major 9:10 makes mean lines (1) 29:22 27:14 man (1) 70:8 (48) 12:15,21;l3:4,14; 19;29:6;31:22;32:17; 23;43:1,3,8,9,10,15, 16,19;59:20 (4) 5:11,11,11;35:13 member (4) 37:13;39:2;52:9; 58:22 (4) 33:16;38:22;39:19; 40:15 22:21;23:2,9,17; 24:20;25:13;26:2; 66:18 (1) 95:20 location (1) manner (2) 59:21;88:4 many (5) 16:17;44:8;52:18; 97:7;98:21 (1) 4:16 long (6) 7:5;8:9;22:9;28:4; 74:21;102:9 (5) 22:5,11;39:10; 56:11;99:5 (5) looking 37:21;38:1,23; (7) 21:22;25:9,9;28:1; 30:8;32:3;56:6 marked (10) 22:1,4,18;23:19; 24:9,13;32:4;56:7, 11;66:16 materials 78:9,13 Mathias (2) matter mic (1) 4:5 Michael (1) 4:21 - .")l.' I' -Serips Buffalo: None (1) moving 61:19 non-sheriff's much normal (3) 44:21;45:1;47:14 (3) (1) 107:6 multiparty 52:23 (1) notes (1) 99:5 must (4) 4:4;47:15,16;76:1 N November (5) 12:17;24:11;27:3; 29:3;52:1 number (8) 16:16;34:19;39:1; 46:1,2,11;48:10;( (2) 4:17;6:7 named (3) 80:7;88:18;92:12 79:3,10;106:15 (2) 39:2;40:16 numerous (1) 16:12 (1) 5:7 nurses (5) 20:17;69:9,15; 71:3,14 (2) 42:23;43:8 (2) nursing 66:9;69:23 (2) 37:10,10 (2) 4:4,10 (1) 4:7 middle (2) 5:19;6:14 (1) Object objection (10) (16) 12:2;15:15;35:7,9, 17,20,22;93:8,16; 94:2,3 52:12;54:19;58:15; (2) 55:20;56:2 negotiations (2) (2) 58:8,14 New (32) 4:16;6:2;9:2,7,12; 11:14;24:17;26:23; (6) 27:6,6,14,15;29:3; MICTSCHL & ASSOCIATES 716-856-1906 Rochester: objections obligated (6) 45:8,10;53:19; 54:15;57:21;107:13 observations (2) 94:22;95:12 occasion (2) 55:8;94:18 occasions (6) leaving 585-697-0969 (2) 5:21;37:18 (3) negotiating 21:10,15;67:4 (1) 33:15 12,13;46:3;48:16; 60:4;76:22;96:14; 103:4,10 (1) negotiated mine (6) 18:10;29:7;30:6; 32:18;33:17;39:20 22:9;91:14;92:11, 9:20 34:18 minutes oath necessary 60:23 negligent (1) minimum 0 (2) necessarily 37:8;75:4 needs microphone (2) 29:8;90:12 (1) move need (3) 7:1;41:8;75:20 minute (2) 34:11;37:4 matters Metcalf(4) 4:17,18;5:4;34:11 48:2,2 4:16;5:6 (1) 27:8 (2) 79:23;89:20 (2) 73:20;95:6 (2) (2) 15:19;16:2 nature met (2) 6:6;61:4 mic's (1) 61:17 noncompetitive (1) narrow might (1) Mary 25:10 non-civil (3) 37:20;38:3;41:15 23;92:20,22;93:8,15; 94:2;l06:19 34:2 (8) 7:16;46:18,20; 47:4,5,6;61:17,19 motion names (1) (1) 72:23 ninety-fives 22;78:3,6,10;85:11, mentioned 19;75:11;107:5 new-hire (4) morning 5:2;6:6;35:22;36:7 name (21) 70:11,14,18,20,21; 71:17;72:9,16;77:21, mandate mark (8) located (1) 37:6 (1) (1) (2) 87:14;90:16 62:4;63:1,12;73: next (5) members mental (3) 29:4;31:21;39:5 99:2 (6) 12:6;87:10;88:11, 15;91:23;97:20 89:11;93:6;97:21; 102:5 mandates (1) MELBER 86:5;87:4,15;88:4; listen litigation 1;83:22; 45:3;47:20,22;50:15; 58:22;59:15;60:8: (1) 33:13 4:7 40:12 22;64:4,14,16,22; more 42:12,13,18;43:4,14; news (1) mouth meetings mandated (1) 37:23 (10) 18;53:1,6;63:8,19,20, listed (1) 48:21 medical 33:10;52:5,6,10,15, 94:18 27:9;42:16,17,19, (1) (3) meeting 36:22;38:11;40:3 managerial list (14) meaning 39:13 85:22;91:14;92:11, 17;94:2;106:19 15:2,8;20:17;21:7, 69:18 (2) 4:16;5:5 (9) 81:1,5,l management (5) 96:10,11,13,16,18 21:13;22:23;61:18; 97:10,12 46:9;84:13;88:20; 100:23;101:19;105:7 (3) making 37:20;39:8;49:6 management-level Lippes (1) 38:2,l1;42:17; (1) month 74:22 McCarthy 11:3 (1) money (5) 13:22;40:13,18; 55:7,9 months (1) 107:14 (5) 20:7,8,10,10;66:10 14;83:15;84:18;85:1; line (3) 35:9;89:14;94:14 Min-i - Maybe maintenance 79:23;80:18;81:1,4, 19:1 look (1) 65:1;70:4,8;73:4; limits Local 60:10;105:17,23; 106:6 101:12 level lieutenant 34:19;36:21;39:23; 40:3;87:21;89:15 (3) 4:20,21;5:10 left (2) 87:21;89:15 little 38:10 Matthew legal 15, 2017 August (7) - occasions INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC.RICHARD NO. 215METCALF, COUNTY OF ERIE, 53:18;97:7,15,18; 98:8,12,21 occurred 61:17;64:21;69:23; 75:7;83:14;90:12; 97:20;l06:1,7,13 (1) 98:21 O'Connell (1) 4:21 off (14) 29:8;34:6,7;35:14, 17;59:20;65:20;66:1, 1;91:4;107:4 (1) 37:18 Office (130) only Pardon open (2) 49:4,12 operating (3) 23:18;24:1,7 parties (1) (9) 9:19,23;29:23; 15:20;l6:3,13,19,22; 33:22;34:3;35:7; 36:15;38:1;41:8 19:8,20;20:2,5,8,12, 15;27:11,13;43:16, ordered 59:3;61:3;63:4,7,10; 65:12,13,15,18,21; 66:1,5,8,16,23;67:6, 9,16,19;68:3,5,17,22; 70:12;71:2,9;72:2,5, 6;73:10,12,16;74:3,5; (1) 12:16 organized (1) 11:23 58:13;70:9,10; 74:6;78:23 Otherwise 79:3,6,11,15;80:6,9, 7:3 (1) out (4) 13;81:19,21,23; 92:16,20;94:10,15; 95:15,17,20;96:23; 34:17;35:9;38:3; 46:10 97:4,14;98:1,9,17; outlying 73:21 99:10,12;100:1,11, outside 17,22;101:12,18; 102:10,21;l03:3,15, (1) (10) 16;104:9,13,16,19; 10:21;14:7,11; 105:2,4,13,15;106:2, 9,14 15:18;36:11;38:1; officer (2) 63:18;75:15 (10) 20:13,18;21:3,5; oversees 29:5;73:11,12;74:12; 89:14,21 offices (1) 54:14 (1) 42:18 oversight (3) 33:9;67:15;89:3 Once (9) once-in-a-while (1) 47:23 one (18) 68:14;72:18;74:17; patrol 81:6;84:13;86:2,22; 9:20;40:11;41:11; 47:14;48:2,4;53:1,4; 77:6;79:7;80:20; (1) 87:16;90:17;91:11, 99:3,13;l00:7,23; 101:9,19;102:16,18; paycheck paychecks (1) 25:9 Min-U-Script® Buffalo: please payroll (8) pleasure (1) 26:19 point (11) 6:16;29:2,3;49:21; 62:3,7,13;76:12; 88:8;102:14;106:13 pointed (1) points (1) 99:9 (4) 9:3,8,13;72:23 (15) 13:7;17:7;26:9; policies (20) 50:3,5,14,16,19; (9) 50:16;58:8;65:8; 51:3,8;65:15,16,20, 14:5,7,l1;100:12, 15,16,21;101:7,8 74:9;84:13;87:10; 23;66:4;71:16;72:1, 4,5,8,13;91:12,16 pays (1) 55:7 peaceful people 104:7,11,11,15,18; 105:13 Personius (1) 5:11 (1) (12) policy (18) 51:12;81:9;84:6, 10,16,19,21;85:10, personnel (32) 14:8;21:19;27:11, 14,17,20;86:1,6; 92:16,21;93:2,4,7 12:6,7;43:19; 12;31:7,14,19,22; Poloncarz 45:14;46:1,2,11; 33:6;42:1,6,11,15; 25:9 53:14;59:2;61:8; 67:20;l06:3 55:22;56:3;78:10,21; 79:6,11,15;80:6,13; perform 81:14;82:9;83:22; performance 86:19;87:4;89:5,8; 94:9;101:16;106:15 (2) 70:15;94:15 (10) 89:22,23;90:2,8,15, 20 phone position (44) 7:9;8:16,18,20,21; 15:4,8;17:11;28:18, 45:2,6,12,19;46:15, photographs 16,20;47:4,5,6;49:4, 8,13,14;59:15,16,16; (1) 4:9 60:18;61:14;63:13, (1) 7:20 8:13;9:3;11:1; (1) 48:12 34:4,22;41:19; 91:19 (1) 25:5;28:22;49:9; 60:16 pool 22;38:17;39:7;44:13; phones (7) (1) (4) (1) phrase 15;99:21,23;100:10, 14 (1) 19:16 phrasing 44:11 23;64:1,4,12,13,14, positions (1) (39) 9:1,2,7;l5:19;16:2, 8,9,12,18,21;17:3; physical (3) 95:17,20;96:3 42:22;43:9;44:6,8,10, 12,15,16;46:23;47:2, periodic physicians PERSICO (113) 4:2;5:5,5;l0:6,20; pile 64:9;66:7,9,9,12; 69:9,18,21;70:1 12:2;13:10;14:17,22; place 78:18;99:12,16,19; 100:5 (3) 89:18,21;94:16 15:10,21;16:23;l7:9, (2) (1) 87:3 Police (2) 15:18;26:11 personally (2) 46:5;l05:13 (1) personal 26:3 Perhaps (3) 11:15;13:21,22 105:1;107:1,8,17; 108:1 (5) 49:3 paid played 41:11 103:23;l04:22; 25:3;31:20;55:2; 58:7 own papers 18,21;93:17;96:15; (2) 9:4,6 performing 90:14 Palmer 63:16;67:12,22; pass (1) 46:1 (2) 32:16;33:10 page (3) 24:13;25:7;32:12 (4) 10:13;21:10;92:9; 93:4 36:3;50:10;70:2; 91:9;92:2 period 96:10,11,13,16,18; 97:10 play 57:23;60:12;62:21; overtime P (2) 9:20,22 6;34:11;36:6;107:22, 23 performers 63:1;75:11,19; plaintiff's 4:23;6:17;l7:14; (1) (1) 67:10 officials 22;48:15,17;49:23; (4) 4:19;5:3;6:8;l0:4 50:8,21;51:1;52:20; 4:4,8;48:19,21; 12:13 (1) 73:17 official 56:2;99:5;101:7; 106:2 (1) overlap 62:17 officers 42:2,7;45:20;46:4,9, plaintiff 53:21;54:20;56:13; 25:2 (3) 29:22;49:17;67:16 over 21;40:14;41:1,10,17; (3) 4:5;34:9;35:21 (9) 11:13;l3:15,17,19, 23 (5) 75:22;77:2,15;78:10; 86:20;87:11;89:1; 10,14;36:7,20;39:21, pay (4) organizational others 69:10,11,15,19; 20;34:5,7,11,20;35:3, placed 4:14;5:17,19;24:1, patrolman (1) 54:18 22;53:8,19;54:16; 32:1,6,18,23;33:17, 63:23 (2) 86:12,15 organization 22;44:4;45:9;51:5, 23:20;25:19;26:20; 29:7,11,17;30:3,6,9, 13,17,20,23;31:9,15; (2) 40:21;105:19 part (3) 19:23;50:23;68:11 particular (1) 63:12 4,6,10,13;14:9,12; 17:4,17;l8:1,1,9; (1) 12,17;21:12;22:6,10; 38:3 (6) order 20;18:10,20;19:4,10, (3) 100:12;101:2,4 parameters opportunity 51:18 7:12;8:18,21;12:1, 4:5;57:13 paperwork ones (1) 93:21 8:12;39:8;43:21; 47:14;51:15;83:14 4:13;6:6;27:9; offered SHERIFF TIMOTHY RECEIVED NYSCEF: HOWARD 01/04/2018 August 15, 2017 SR. vs et al. MI;TSCHL & ASSOCIATES 716-856-1906 Rochester: (2) 71:14;89:7 (1) 30:10 (2) 12:17;38:10 8;52:15;53:14;60:2; possible (1) (7) occurred 585-697-0969 1; - possible INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. SR. vs METCALF, NO. 215 OF COUNTY et al. ERIE, 43:1 15, 33:14 practice ranges 48:23 62:18 rank ranking 12:5 protocols ranks (2) 16:21;52:16 30:14 preferred (1) (2) 71:16;72:14 39:2 preparation (1) provide 7:17 rates Presentation 82:23 presentations (1) 83:3 presented (1) 36:21 presenting 38:14 presently 23:12 presume (1) Read 41:4;50:10,11;56:13; provision 71:20,21;77:6,7;91:8, 10;92:1,3 57:17,18;70:2,3; public (2) 7:21;59:18 (1) reading 38:17 purports (2) 39:23;56:20 prevention (3) 83:20,21;84:3 primary 89:14 (1) purpose (6) 24:15,23;37:2,11, 14;41:14 reason 96:12 purposes (25) 29:3;43:23;44:3,23; 51:9,21;52:1;60:16; 61:13;65:3;70:23; 71:5,11,15 procedural put 50:1,19;51:6;52:2; 58:10,12;67:7;70:10; (4) 10:3;35:5;38:6; 40:7 74:11;77:13;80:7; 81:7,12;83:8;85:6,9, 19;86:10,14,17,23; 9 87:7,12;88:6,10,14, (1) 92:12,14;93:5;94:13; 95:14;99:4 (1) 97:21 procedure 18;89:2,6,9;90:23; (16) 25:2;48:14;51:13; 84:7,11,16,19,21; 85:10,15,18,20;86:1, 6,9;92:21 procedures (19) 50:3,5,14,17,19; 51:3,8;65:15,16,20, 23;71:16;72:1,4,6,8, 14;91:12,17 qualified 45:14 receive (1) qualify 48:12 (5) 11:11,13;13:15; 26:3,5 (1) qualifying 62:5 received (3) 22:1;32:4;56:7 (1) quantify 96:9 recent (1) 104:4 process (7) 42:21;46:6;59:7; 63:3;97:19;98:4,6 R - reserve recess (3) 35:18;91:5;99:7 recollection (1) reserved regarding (2) reserving 10:4;40:7 (5) resolution 9:19;38:22;50:4, 17;78:9 41:7 regards resolve (2) 38:3;41:14 resources (1) relation respect (1) (42) 10:10,13;16:7; 96:1 relations 26:17;36:14;50:5,20; (1) 51:4,8;54:1;57:5; 64:8;67:5;68:7;69:2, (1) relevance 6;72:9,15;80:5; 81:10,10;83:3,6,i (1) 32:19 84:2,19;86:6;87:3; remedial 88:13,22,23;89:4; (2) 86:13,16 91:13;92:10,16,19, remember 21;93:7,13;94:1; 101:8;106:14 (7) 32:8,15;33:5,8; 40:4,5;106:17 (3) 79:8;80:15;97:2 respective (3) 5:17,19;67:10 rephrase (3) 6:18;19:12;67:11 responsibilities (7) 38:14;69:10;83:9; 100:19;l05:5,8; 106:21 REPORTER represent (6) 5:1;6:7;20:1,6,14; 67:15 30:5;33:2;34:6,7,8; 7:13;19:8,20;20:9, 35:6,17,19;38:6; 19;25:13;26:2;39:10; 66:12;107:12 73:7,21;74:16; 75:15,17,20;76:10, 13,16,20;77:4;83:21 progress range (3) 47:15,16,18 promised ½n-L-Seripta -) (2) 94:22;96:8 (5) 61:11,13,17,19; 62:5 (1) ~" 17:15;18:4;29:8; 40:7;50:11;57:18; 70:3;71:21;77:7; represents 91:4,7,10;92:3;95:9; 107:4 requested METSCHL Buffalo: 716-856-1906 rest (1) 41:12 resting 4:6 (1) result (10) (4) 20:11,22;21:2,8 & ASSOCIA'IES Rochester: (1) 68:17 represented (8) 1;38:19; 39:13;103:9,15; 105:20;106:4 random (12) 4:8,12,14;6:6;10:3; responsible 37:3,l (1) (12) (2) 95:4,7 resulted (1) 99:2 results (1) 48:4 retaining 37:12 (a) potentially 585-697-0969 (3) 10:10;82:21; 106:16 (3) responsibility 39:14;83:2;l07:20 (2) reporting 26:13 (1) respecting 36:16 repeat ran (3) 52:4;53:7,14 33:9 (2) 99:17,19 representative (29) (1) 30:9 program record (1) 25:2 raised (1) (1) 5:22 (2) 103:20;105:17 Professional (4) 99:20,21,23;l00:4 (1) 10:6 regard report (1) 39:3 4:1;5:13 (1) 22:23 quick resent 75:18 (46) 29:1;32:2,12;36:23; (3) 9:18,23;55:13 (2) 84:7;85:11 (1) released 8:2,4,6;11:7;21:17; pursuant 45:8,17;46:16;47:17, 21;49:6,20;50:7; recall (2) 96:12;103:2 9:4;26:23;27:3; requires 24:23 (1) (2) 60:23;64:21 48:22 really (4) 29:17;37:10;38:11, 12 (1) requirements (1) regulations (1) requirement 65:3 56:23 (28) 25:5;30:5;33:1,2; (1) referee refers 4;22:6;24:15,16; 23:18 6:20 (1) (2) providing 31:20;57:5 (1) (3) 104:6;105:1; 106:12 (2) referring 6:8;52:7 4:2;17:13,15;l8:3, (5) 13:23;55:6,7;58:5; 74:1 (2) 46:19;76:4 (3) 18:7;24:19,22 37:1 provides required (1) referred rather 74:7;77:11;80:1; 88:16,21,22;89:3,7 (1) reduce 70:3;71:21;77:7; 91:10;92:3;107:1 (2) 5:20 (1) (1) 101:8 (12) 43:15,16;55:3,9; recordkeeping 82:23;83:3 RE-EXAMINATION (5) Rath provided (2) 43:4;l01:19 (1) 25:3 43:8;54:7,10;57:21; 79:5,14;94:10 (4) 78:15,17,20,23 33:2;50:11;57:18; 4:7 44:22;45:1;47:15, 16,18 (10) 31:22;42:16,17; prepared prepares (4) protection 17:15;l8:4;30:5; (2) 4:13;95:8 46:18;47:14;48:9; 52:13 (2) 24:23;49:1 (1) recorded (2) 61:15,21 (1) promotion (1) preference prior RECEIVED NYSCEF: 01/04/2018 2017 August promoted (2) potentially 84:4;85:3 HOWARD TIMOTHY SHERIFF RICHARD (1) - retaining INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC.RICHARD NO. 215METCALF, COUNTY OF ERIE, retention August 61:4 (2) 37:4;104:15 retired (2) 9:11;28:17 retirement RECEIVED NYSCEF: HOWARD 01/04/2018 SHERIFF TIMOTHY SR. vs et al. (1) 9:12 sergeant 60:2;64:12,13,13,22; 21:7;52:9;59:6; saying (6) 30:23;31:1;37:15; 38:13;40:16;49:18 76:8,9,12;82:8,9,13; 89:12,13 62:4;73:19;86:21; scheduled review school reviewed (1) reviews (2) 89:18,21 Richard (1) (28) 6:20,23;7:3;10:1; 32:23;34:17;38:18, 23;40:14;41:5,18,21; score serious (2) 49:12;64:15 (4) 48:20,22;49:15,18 (2) scoring 43:5;61:14 Scott 59:4,8,13;61:1;63:8; second rights risk road (2) 63:9,23 (1) 20:13 (1) secretary 70:4 Secure 10:13;21:10,15; 36:17;67:4;80:4; 83:6;84:10;85:17; 87:3;92:9;93:4 (1) 36:8 roundabout (1) 41:3 33:21;51:21;52:1; 53:10;60:8;73:20; 76:9,13 (1) (4) 73:9;76:7;82:7,18 S sat (1) 15;22:20;23:2,8,17; 24:18;27:1,4,11,13, (1) 4:9 (9) somebody 34:17;44:13,21; 45:18;47:17;51:13; 59:11;62:4;76:12 somebody's someone (9) 14:16,20;63:14; 64:9;105:14,16,18, 19;l06:9 43:22,22;44:3,4,10; Sometimes 49:22;51:5,22;52:8; 98:11 53:8,19;54:4,8,11,16; 55:21;56:3;59:3; (46) 61:3,22;63:4,7,10; 65:12,13,15,18,21, son (1) 91:20 9,13,17,18,21;18:8, 23;66:5,8,16,17,23; sorry 18;l9:7,19;20:1; 67:6,9,16,19;68:2,5, 15:22;16:1;21:2; 26:17,19;27:6,8,8,9, 17,22;69:10,10,15, 36:7;44:11;50:9; 15;42:12,14,18,19, 19;70:12;71:2,9,15; 55:17;72:3,5;77:6; 20,22;43:4,5,14,21; 44:2;45:3,l 1;47:6,18, 72:1,4,6;73:10,12,16; 83:12;91:18,21,22; 99:22 74:3,4;75:21;77:2, 20;50:15;52:16;53:8; 14;78:10,20;79:5,15, 59:3;60:8;63:18; 69:16 17,20;80:5,8,13; (1) 81:10,19,21,23; 86:20;87:11;89:1,4, 8;91:19;92:16,20; 93:6,23;94:10,15,16; 96:23;97:1,4,14; (134) 98:9;99:1,1,10,12; (15) sort (1) 54:13 sounded south (1) 96:4 southeast 103:3,15,16,21; specific 104:8,13;l05:2,4,12, 15;l06:2,9 14:3;l5:11;17:6,12, 24:10,14,14;27:17; selected 28:9,16;31:6;32:8; 19;18:2,6;22:3,14; 33:18;34:12;36:6,13, selects 21;38:21;39:6,7,8,9; 40:4,16,20,22;41:21; (1) 44:12,13,15,23;45:9; 61:11 46:6,13,15,18,21; (1) 47:2,4,13;48:9,13; 41:8 50:15;51:20;53:15, send (1) 74:13 sending 74:15 17,17;55:6,16;56:10, 16;58:5;59:17;60:1, 19;61:9,22;62:3,8,19; (1) 63:6,17,18;65:7,12, (1) 24:15 (2) 44:21;68:13 separately 107:12 separates 16,19;68:9;76:2,15; 81:13;83:20;84:6; (1) (1) Buffalo: show (3) 22:3;39:19;56:10 sign (5) 4:2;13:17;65:20; 66:1,1 signatories (1) 58:11 signs (1) 13:19 similar (2) 59:21,22 86:11,18;87:2,9,13; sit (6) 8,10;90:9,10;91:12; 5,8;98:3,13,16,17; MICTSCHL 4 ASSOCIATES 716-856-1906 Rochester: (1) 25:8 signed 88:2,7,11,15,19;89:5, 99:9;l02:12,17,19; Min-U-Script® (1) 9:3 (2) simply 37:10,19 95:11,15;96:22;97:3, 68:8 short (1) (7) 21:13;45:6;51:16; 63:3,22;64:11,18 (6) specifically 36:20;54:1;92:18; 93:3,12;95:10 (7) Stability 32:9,13;33:12; 36:22;38:21;40:1,11 staff (7) 9:11;20:16;85:22, 23;94:22;95:13; 106:19 (2) staffing 35:8;63:13 standards (4) 99:20,21,23;100:4 start (2) 91:6;95:18 started (1) 9:9 60:23;61:8;64:21; 92:15;93:1;94:5 Sitting 7:16 (1) 96:5 10:5,9,15,22;11:8,9, seems (1) 39:16 (1) 19:17 22;l2:5,7,19;l3:8; (1) (1) 63:20 seek (1) 31:7 selecting 43:9 (1) somewhere Speaking 4:10 (1) (2) 44:22;46:14 101:12;102:9,21; separate 103:7,18;I05:17,23; 106:6;107:8 16:2,10,13,19,22; 17:4,16,23;l8:9;19:2, smart 100:1,10,11,16,22; Same 64:17;68:7,11;96:3; 18,21;11:22,23;12:1, 4,12;14:8,12;15:19; (1) 73:21 8:10,12,15,20,23; sentence (15) (161) 4:20;7:9,11;8:17, smaller 6:1,6,9,9;7:5,6,12; salary (1) 11:11 35:13;59:6,7,9,10; Sheriff's (1) 31:20 (7) security 20:16;55:3,9,22; 56:4;57:5,22 senate runs 88:9,13,17,23;89:10; 90:16,22;97:15 slots 15:3,4,6,19;16:2,7, SHERIFF 48:23 (8) (5) 58:5 (1) (14) 16,20;31:8;37:12; set (3) 65:6,8,10 96:3 (12) (2) 8:9;28:15 services (1) 100:15 (3) 4:20,22;5:12 running 83:2 (1) section Robert run (2) 90:3;94:14 secretaries (7) room second-line 91:1 79:17,20;80:1,6,10, 14,19 role (1) 99:6 seconds (3) 10:4,6;40:7 serve service sheriffs 8,15,20;20:2,5,8,12, 8:15,23;l0:9,14; 28:4 (2) 4:20,22 46:13;57:22;58:17; 67:16;71:3;79:12; 104:9;106:23 (4) 91:13;92:11,17; 94:2 served (4) screening 83:23;84:7;85:8,11 65:14;66:13,18; (6) 5:8;82:14,15;90:4, 5;l05:9 sergeants' (3) 48:10;59:12;64:10 sergeant's scores (5) Sergeants scope (2) 36:11;39:18 (3) 45:11;48:11;61:16 4:17,18,22;5:4; 28:14 right (1) 96:11 60:21 53:2 104:7;l05:2;106:13 9:10;47:5,7,11; (3) retraining 9:21;86:13,16 (2) 7:17,22 (17) saw (1) 91:22 15, 2017 (1) starting 73:4 State (1) (19) 9:3,12;I1:14; (9) retention 585-697-0969 - State INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. RICHARD NO. 215 12,13,18;43:4,14; taxpayers 14,16,18;92:5 Teamsters supervised (1) staying 36:16 stepped supervision (14) steps (2) 59:1 1;97:22 Steve (1) 39:16 Steven (1) 30:6 (3) 5:18;33:22;34:2 stipulations (2) 38:9 (1) 105:10 66:11;71:2;82:19; 90:4,6 terminate 15:7,12;96:23; supervisors (1) 57:22 46:5 strictly (1) 41:14 16:17;18:7;42:22; 45:8;50:4;63:1;92:7 structure (3) 12:16;52:8,11 stuff (2) 38:1,2 (1) 55:20 successful (1) 73:8 sworn suggested (1) suicidal (2) 84:4;85:3 (14) 79:17,20;80:1,6,9, 14,18;81:13;83:20, 21,23;84:3,7;85:7 (1) (8) 52:9;66:15;79:10; 93:14,21;94:7,11; 97:19 trained · tests (5) 45:15;47:21,23,23; 48:1 (1) (9) under (11) 79:17;81:1;84:18; 6:14;7:12;12:7,8; 86:5,21;87:10;88:5; 92:13;93:6 23:18;24:1,7;47:19; 63:17;65:18;75:16 (84) training 9:21;29:13,16; 37:3,12;58:22;73:1, 21;74:16;75:12,14, undergo (8) 75:12,21;76:2,4; 81:14;86:13,15; 89:22 15,19,21;76:1,3,5,7,9, undergone 13,17,21;77:5,19,23, 87:5 23;78:1,10;79:3,5,14, undersheriff (24) 7:11;8:9,12,15,19, 18,19,20,20,21,23; 23;9:14;10:9,15,19; 82:3,5,7,10,12,15,18, 12:8,8;27:22,23;28:2, 4,8,l 1,13,15,19; 49:11;62:12;66:3 22,23;83:1,4,7,9,21, understood 6:21 106:2 93:10,12,13,23;94:4, (5) 37:17;48:23;49:3, 14,17 (1) 38:18 till 6,11;l03:9;l04:12; 105:17,18,21 trainings (5) 77:12,16;78:4,7; 93:20 trains (2) MI:TSCHL & ASSOCIATES 716-856-1906 Rochester: (1) 23;80:5,9;81:4,10,13, 87:4,14;88:9,13,16, (1) (1) 72:21 22,23;89:4,7;92:10; Thus Buffalo: (1) 27:14 thousand talks ,'< Min - < --&5 <'<' ripusi,b<' ultimate 21,22;84:2,21;85:2; (4) talking 10:20;29:20;37:1; 49:9 tax (1) U (2) thinking 54:1;97:16 three (1) 39:6 74:22;82:14,14; 89:15 unaware (2) 80:13,17 testing (1) 42:19 (3) 37:16;46:6;107:14 talked (1) 37:7 summary (2) 48:20;60:11 (7) 48:3,5;61:18: (2) 98:13,18 train (7) testimony 6:12;7:18;8:1; 32:9;40:3,5;106:14 talk successfully 97:14 suicide (3) 6:2;12:17;38:21 (1) 9:4 testified testifying (2) 32:13;36:23 takers two unable switch (1) 101:14 (3) 4:10;20:4;32:12 Town testify (1) 41:3 T turn 44:5;45:3;46:19,20; 10,14,19,20,21,22; (2) 58:21;91:2 (1) Tuesday 4:15 ultimately 106:21 49:3,15,17;59:7,17; 60:11;64:9,10,10,22 (1) (4) trying 33:20;36:12;39:17, 19 (1) totally 35:9 13:12;35:16;44:12; 5:13 (5) 16:13;59:6;64:6; 69:13;70:23 6:23;43:10,13; 47:10,13,19;48:2,4, (1) submitted 61:19;102:22 test (28) true (8) 77:18,22;78:4,7, 11;84:3;86:20;94:7 total (2) terms 53:13;62:7;63:6; 27:9 topics (1) 9:9 type (2) 46:1;64:18 (1) 93:15 53:11,15;l03:21; 106:6 (1) (2) 6:2;40:2 submit topic (9) 50:6,20,21;51:4,9; (12) swear top (2) 48:23;49:3 (1) terminating 51:13 (2) 4:11;5:23 (2) Turning 24:13;25:7 (5) 38:10;48:7,9,14; 64:9 (3) 98:14;l06:7,8 (1) 68:2;69:22;79:10; 80:16;91:21;97:3 (7) took termination supplied sure (1) 92:8 terminated (1) supplemental supposed (1) Tom (9) 97:4,15;98:3,9,17; 99:1 33:23 streamline (9) 95:11;96:22;97:3; 98:13,16 (3) supplying 55:21;56:3;108:2 (1) straying 37:5 told 75:16;91:13;92:10, supply (3) 54:4;107:9,18 stops 10:1;92:15;93:1; 94:5,12;97:20 86:11,18;87:2,9,13; 107:7 (1) 4:15;7:13,18;9:18; supervisor 4:1;5:16 (10) 59:2,8,10,21; supervisory 27:10 stipulated trooper 88:2,7,11,15;89:5,8; (3) 89:14;90:3;94:14 still title (4) (1) 107:10 trial 9:21;10:16;37:4; (3) 89:12,13;94:4 (1) (25) 53:7,10,15;55:16, (3) 5:21;31:2;38:2 (3) Timothy 5:2;6:1,7 Today 17;62:3,7,13,19; 17,19,22;93:7,15; 94:1;l05:23;106:4 5:9 stopped tenure (1) 34:17 transcripts 17:11;44:12;69:22; 102:1 (1) telling 39:3 (2) supervising 37:12 (1) times 24:19,20 89:10;l06:1 stay (2) 36:15;l07:8 transcript (2) 97:12;98:16 (10) 19:22;20:14,20; 21:9,l 1,16,20;22:21; (1) (2) 103:15;104:18 (1) (1) 15, 2017 79:20 Tim (3) 34:10;36:1,5 11:14 supervise 38:18 strike 12:22;13:1,2,3,5,14; 15:2,8;83:10,l 1,13, 11:1 (2) 4:22;60:20 (1) 13:22 superintendents States 30:10;48:5 taxpayer (18) 10:16,18;11:5; (6) 18:13,17;l9:17; 24:14;42:10;85:1 100:23 superintendent 45:3;47:20,22;48:22; 50:15;89:3 statement August 38:4 33:14;39:1,3,5;42:5, statue RECEIVED NYSCEF: HOWARD SHERIFF TIMOTHY 01/04/2018 SR. vs METCALF, OF ERIE, et al. COUNTY (1) (1) union (11) 19:9,20,22;21:1,11, 18;24:22;25:1;66:21; 67:10;70:9 unions (1) 20:1 unit (14) (10) statement 585-697-0969 - unit INDEX NO. 803449/2013 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC.RICHARD NO. 215 COUNTY wall's Warehousemen (2) 4:14;39:5 ways 18:12,21;19:5;23:22; 25:16;26:21;31:1 1, 16;32:2;33:3;36:5; (1) weekly 11:15 (5) welcome 9:12;59:6;73:7; 75:17;84:8 upper-rank 22;17:1,10,16,23; 44:2 20;48:3,5;69:10; 106:21 (1) Western (1) 64:8 Usual Wexler (2) 4:1,2 utilize 72:19;74:19;76:23; What's (1) 83:22 V variety 9:2 (1) various (1) 77:8;79:8;80:21; (8) 30:13;57:16;60:17; 81:7;86:3,23;87:7, 78:6;79:23;84:23; 93:10;l01:4 93:18;96:16;99:4,14; Whereupon 12:8 vendors (1) 88:19 versus 17;90:18;91:20;92:4; 100:8;l01:2,10,22; 102:15;103:5,11 (1) whereby 54:14 work (8) 9:13;25:4;38:20; 32:4;34:9;35:21; 41:19;56:7 48:14;53:20;54:16; 62:18;63:15;67:18; 70:15,19;73:4,8; (1) 4:12 (1) 4:19 75:18;79:4,11;82:10; 101:7;106:16;l07:11 whole (3) 22:6;39:17;56:13 video (3) 107:16,17,18 VIDEOGRAPHER 4:3;34:6,8;35:17, 19;87:21;89:15; 90:12;91:1,3,6;l07:3, 9,15;l08:2 videotape (1) 4:13 Village who's (15) 63:6 13,20;43:18;49:8,l 11,12,13;62:12 withholding 100:22,23 (2) (1) 26:11 9:6 within visit (1) 96:19 9:2,7;l2:12;14:1,8, (2) 96:10,11 (1) 4:8 (1) (1) 11:19 (1) 26:5 (1) 30:10 waived (2) 5:20,21 (1) (3) working 75:16;102:21; 107:7 works (2) 46:7;82:12 4:4 13,18,21;17:4;20:8; written 2013 (3) 32:8,15;36:19 (1) 35:17 2016 (1) 23:15 10:38 (1) 35:19 2017 (1) 4:15 100 (1) 61:16 24 (1) 9:3 11 (1) 102:19 12:05 264 (9) 21:9;22:21;23:3,9, (1) 17;24:20;25:13;26:2; 66:18 (1) 91:7 4 12:25 (1) 107:4 14202 46 (2) 35:1,2 (1) 6:2 491-6346 47:19 18 (1) 32:12 6 19 (7) 102:22;103:1,7,14, 18;104:7;106:8 7 (2) 8:11,13 years (10) 8:11;9:3;102:19, 22;103:1,7,14,18; 104:7;l06:8 York 89:10;94:10,15; (19) 4:17;6:2;9:2,8,12; 95:22;99:1,12,23; 11:14;24:17;29:3; METSCHL Min-U-Script® Buffalo: 9:48 (1) 4:16 (12) 11:19;48:2,5;75:2,3, 7,9 80:8;86:12,19;88:23; 9 2 year 8:3,7;9:5,5,16; 75:9,21;77:14;78:23; 72 (1) 38:22 1 Y 51:13;53:8;54:15; 69:9,15,19;70:11; 7 22:1,4,18;23:19; 24:10,14;66:17 1st (2) 7:7;9:17 56:23;59:2;61:16,21; 64:11,15,17,23; 63 (1) 34:23 190 (7) 45:14;46:14;47:2; 62:5;63:4,7,9,20; (1) 34:22 1998 (2) 9:17;l0:20 (1) (1) 36:14 10:29 192 (2) 56:8,l 31:7;32:16;33:9; 49:14,14,21;50:6; 2012-2013 (2) 34:6,8 11:55 65:4;69:13;70:23; 71:5,11,15;76:10; 82:1;83:18 191 (1) 32:5 (1) 16,20;15:19;16:2,9, 67:15,18,20;68:5,12; wait 100:6 39:11,14;44:22; W W-2 1, (1) (1) writing 37:18 27:11,12,15,20;29:5; voluntarily 37:17 workforce worn (90) 7:9;8:3,3,6,16,21; visits (4) 20:7,8;70:19;71:7 1, 8:13 (1) 4:15 workers (15) 25:9;28:1,4,6,8,l (1) 15th (2) 71:7;102:9 Wipperman withholdings (1) worked (1) 18;46:16;47:17,21; 91:4 (20) 5:16;6:1;21:23; whispers 36:19;41:22;43:18, 61:13,20,23;64:6; 1/2-year 10:27 68:15;70:4;71:22; (1) 29:3;31:6,21;32:15; 51:10;52:1;60:16; 50:1,9,12,23;52:13, 62:22;63:17;67:23; 5:6 26:15,23;27:3,18,23; 49:6,10,11,20;50:7; 1/2 (1) 8:11 21;53:4,22;54:21; 57:19;58:1;60:5,14; (1) 73:19 1 (2) 24:13;91:3 10 (2) 6:1;95:17 42:3,8;45:21;48:19; 35:4 - 23;44:3,19,23;45:9, 14:18,23;15:11,16, (1) 1 (71) 5:14;12:4;l3:12; way (2) 31:6;43:21 17;44:21;45:1;46:18, Walk witness (1) 24:21 up (12) 30:10;34:5;40:17, W-2s (3) 15:14;16:3,9 15, 2017 2012 (45) 12:17,19;24:11; 42:12,13,18;43:4,14; 45:3;47:20,22;50:15; 60:8;73:19 without (1) 39:12 unless 1,22; 104:12,18;105:14; 106:3,8,9,16 96:3 60:20 voice 100:5,10,1 (1) wants (1) upon August 42:21 81:20,21,23;82:3,5, 7,10,12,16,18,22; 83:1,7,9 United RECEIVED NYSCEF: HOWARD 01/04/2018 TIMOTHY SHERIFF SR. vs METCALF, OF ERIE, et al. 716-856-]906 2 (1) 91:6 20 (4) 48:7,8,14;91:1 2000 (2) 29:2;41:21 2005 (3) 28:16,20,23 2006 (5) 7:7,8;28:16,20,23 & ASSOCIATES Rochester: (11) United 585-697-0969 - 9:48 FILED: ERIE COUNTY CLERK 01/04/2018 04:23 PM NYSCEF DOC. NO. 215 INDEX NO. 803449/2013 RECEIVED NYSCEF: 01/04/2018