EXHIBIT A Rhonda Skillern-Jones August 23, 2017 Page 1 CAUSE NO. 2016-51917 RICHARD PATTON Plaintiff, ) IN THE DISTRICT COURT ) ) ) HARRIS COUNTY, TEXAS ) ) ) ) 295TH JUDICIAL DISTRICT ist ric t C ler k vs. Da nie l D HOUSTON INDEPENDENT SCHOOL DISTRICT Defendant. is ORAL VIDEOTAPED DEPOSITION hr RHONDA R. SKILLERN-JONES ffic e of C AUGUST 23, 2017 O ORAL VIDEOTAPED DEPOSITION OF RHONDA R. op y SKILLERN-JONES, produced as a witness at the instance of C the Plaintiff and duly sworn, was taken in the ial above-styled and numbered cause on August 23, 2017, from fic 10:14 a.m. to 3:41 p.m., before Anne F. Sitka, Certified Un of Shorthand Reporter in and for the State of Texas, reported by computerized stenotype machine at the offices of Beck Redden LLP, 1221 McKinney Street, Suite 4500, Houston, Texas 77010, pursuant to the Texas Rules of Civil Procedure and the provisions stated on the record or attached hereto. Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 141 1 session, without any type of notice whatsoever as to what 2 was going to be discussed? 3 A. I felt it fair to call Mr. Patton in. 4 Q. All right. 5 A. No. ist ric t C ler k And was that your decision? Someone in the room -- and I don't remember 6 which board member -- said why don't we ask Richard in to 7 explain this. All right. So, let's -- let's go through the l D 9 Q. whole discussion with the -- with the board that took nie 8 place in the executive session on March 10th before 11 Mr. Patton was called in. 12 as best you can who said what and in what order. is hr C I asked the board members to take a look at the of A. documents after I was given the floor by -- e 14 Explain to us or relate to us ffic 13 Da 10 Q. And you're referring to Exhibit 39? 16 A. Exhibit 39. O 15 op y I'm sorry. 17 C After I was given the floor by the board president, board members took a few minutes to scan 19 through them. ial 18 fic I explained my experience with Ms. Gibson. Q. No pun intended, scanned through them? 21 A. No, no pun intended. 22 Un of 20 I explained my experience with Ms. Gibson 23 just the way I explained it to you with Ms. Graves calling 24 me; subsequently having the conversation in the meeting 25 with her, what she said; the fact that she attempted to Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 142 give me these documents at that time, that I had asked her 2 to bring them to board services if she wanted to turn them 3 in; if that had happened, if these were the documents she 4 had given me -- there were some other documents that I had 5 given the attorney that were not related to this -- and 6 said that -- and I also added the other complaint that she 7 verbalized saying that one assistant had been removed from 8 another department and brought over to do personal things 9 for him. Wait. I'm sorry. l D nie Q. So, I explained that -- That one -- she said that one Da 10 ist ric t C ler k 1 assistant had been removed from a -- one department to do 12 personal things for him? hr C A. She said that one assistant had been taken from of 13 is 11 another department, that there was already a personal 15 assistant that he brought with him and one of them was 16 being used to do more personal things as opposed to 17 administrative -- I mean departmental duties. ffic O op y C Q. And when you say "personal things," you're ial 18 e 14 talking about other than what is represented by Exhibit 39 20 in terms of -- Un of fic 19 21 A. I don't know -- 22 Q. -- possible scanning? 23 A. I don't know what her intent was. 24 25 That's just the language that she used when she said that to me. Q. So, you never got any detail as to that? Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 143 1 A. I did not. 2 Q. But you related it to the board? 3 A. I related the conversation. 4 Q. Okay. 5 A. People around the room kind of like, "Well, what 6 is this?" 7 were just looking through. 8 have two assistants? 9 were coming up. ist ric t C ler k What happened next? There was not an order of conversation. They And, well, you know, does he l D You know, those kinds of questions nie And someone said why don't we call Richard in and ask him directly the -- these questions. 11 And so, someone left the room to ask our board services 12 staff to -- no. 13 general counsel for the district left the room and 14 subsequently came back with Mr. Patton. hr is Q. ffic e of C I think Elneita -- I'm sorry -- who is So, how long did the discussion -- O 15 Da 10 THE VIDEOGRAPHER: 17 MR. FELDMAN: C op y 16 18 ial for you. Q. Should have let me clip that fic 20 I'm sorry. (By Mr. Feldman) How long did the discussion with Un of 19 THE WITNESS: Your mic fell. 21 the board in executive session take place before 22 Mr. Patton was brought in? 23 A. Not more than 15 or 20 minutes. 24 Q. All right. 25 And who suggested that Mr. Patton be brought in? Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 144 1 A. I don't recall. 2 Q. Okay. 3 I don't recall definitively. And how long did it take Mr. Patton to actually arrive and appear in the executive session? A. Probably less than ten minutes. 5 Q. And what transpired then? 6 A. I asked Mr. Patton if he did indeed have two ist ric t C ler k 4 7 assistants, was one from another department? 8 had the secondary person been assigned tasks that were 9 outside of departmental duties for his personal use. nie l D Was he -- I asked him if these documents were indeed his, if he had 11 had someone working on them during work -- during work 12 hours. 13 Q. Okay. 14 A. Uh-huh. 15 Q. Okay. C hr is Da 10 ffic e of So, that's a series of questions. O So, let's break it -- I'm assuming you gave him the opportunity to answer after each question, or 17 did you ask him all -- all the questions then give him an 18 opportunity to answer them all at one time? ial C op y 16 19 A. No. 20 Q. Okay. 21 A. -- individually. 22 Q. And what answers did he give to you for the first 23 24 25 Un of fic He answered each one -- two questions? A. He did say there were two assistants. He said that he did not use that -- either of them for personal Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 145 1 tasks. 2 Q. And let me just interrupt you for a second. Isn't it the case that the expression you used was 4 personal business? 5 MS. SKAGERBERG: ist ric t C ler k 3 Objection, form. A. It may have been. 7 Q. (By Mr. Feldman) All right. 8 ahead. 9 A. I'm sorry. Go l D 6 nie He said that yes, he did have two assistants; that he -- one was not assigned to personal duties and 11 that he believed these documents were his. hr is Da 10 12 Q. Okay. 13 A. That was the bulk of our exchange. 14 Q. Okay. 15 A. Other board members had conversation with him as C of e ffic O well. op y 16 That's it? Q. Well, tell me about that. 18 A. So, I -- I cannot -- I don't know in which order ial C 17 19 people were speaking. 20 members that asked very specific questions to Mr. Patton 21 relating to these documents. 22 if this was -- did you have someone working on it, did 23 that person do this during work hours with HISD equipment 24 that it was done on, questions like that. 25 Un of fic There were a number of board Q. I remember him being asked Well, I would like to know to the best of your Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 146 1 recollection what board -- what board member asked what 2 question and what answer Mr. Patton gave to each of those 3 questions. 4 A. ist ric t C ler k So, the majority of the conversation that I can 5 recall was Board Member Jolanda Jones. 6 Mr. Patton, again, I think, were these his documents? 7 asked basically the same questions that I asked, naming 8 them in a different way. She l D 9 She asked nie Mr. Patton said he believed that they were. 10 Da She asked did he have an employee -- an HISD employee scan or whatever the technical term is for those 12 documents? 13 he did not recall. 14 well. 15 exactly the answers to them. 16 very vividly. hr is 11 C Initially I think he said he did not or that of I don't remember the conversation that So, I don't recall I just recall our exchange op y O ffic e And they were rapid fire. Q. Was he given the documents to look at? 18 A. He was. 19 Q. And you don't recall what his answers were? 20 A. He did say that he -- he did believe those were 22 ial fic Un of 21 C 17 his documents. Q. All right. So, was that the sum and substance of 23 the conversation or the discussion that took place between 24 Mr. Patton and the board? 25 A. Yes. Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 147 1 Q. Okay. 2 A. Yes. 3 Q. And what occurred after he left? 4 A. The -- we continued the discussion. And was Mr. Patton then asked to leave? ist ric t C ler k We asked to 5 have the policy on usage found and given to us. 6 were nearing the time to have public meeting. 7 wasn't time for any other -- you know, much more 8 discussion around the policy. 9 well -- A. Okay. l D is Ms. Skillern-Jones. So, same instruction, Da MS. SKAGERBERG: hr 12 And so, someone said -- So the rest of the conversation after that C 11 So, there nie 10 But we was a conversation with board attorney and advice by board 14 attorney. e ffic Q. (By Mr. Feldman) Following the discussion with O 15 of 13 16 the board attorney -- all right. 17 testimony that after Mr. Patton left the room, there was 18 no discussion -- well, there was discussion amongst the 19 board that -- wanting to see the policy. 20 sufficient time to see the policy, correct, before you 21 went into your regular meeting? 22 There wasn't Un of fic ial C op y And so, it's your A. There wasn't sufficient time to discuss it 23 because it had -- they had to look it up, make copies for 24 everyone, bring it back to us. 25 of time for us to have a complete discussion around And so, there wasn't a lot Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 148 2 3 policy. Q. Which attorney was present that you then had received advice from? 4 A. I believe it was Arturo Michel. 5 Q. Uh-huh. ist ric t C ler k 1 And what did you do following the receipt of -- or following your -- the board's discussion 7 in executive session with Mr. Michel? 8 A. What did we do? 9 Q. Yes. 10 A. We did. l D 6 So, I -- So, Mr. Feldman is asking hr MS. SKAGERBERG: Da Well, the board didn't. is 11 nie Did the board do anything? what action, if any, the board took after the discussion 13 with board counsel. 14 discussed with board counsel or what advice the board was 15 given. 16 advice, I believe that's what Mr. Feldman is asking for. of e ffic O op y So, the board agreed to get more information by ial A. Right. C MR. FELDMAN: having an investigation done into the matter. fic 19 So, again, don't discuss what you But if the board then did something following that 17 18 C 12 Q. (By Mr. Feldman) So, the board took action -- 21 A. Yes. 22 Q. -- in executive session. 23 Un of 20 The board decided to place Mr. Patton on home duty -- 24 A. Correct. 25 Q. -- pending an investigation? Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 160 1 May or June of last year. 2 Q. 3 March? 4 A. It's when the discussion would have taken place. 5 Q. Okay. ist ric t C ler k Is when you would have received the report for Which would have coincided with the report 6 of the Morrison investigation. 7 to? Is that what you testified A. Correct. 9 Q. A decision was made to return Mr. Patton to duty? 10 A. Yes. 11 Q. In light of the fact that there were no -- no hr is Da nie l D 8 finding of misconduct and no performance issues at the 13 time; is that correct? of C 12 A. Correct. 15 Q. How -- how was that decision made to return him A. ffic O op y 17 to work? At a closed session board meeting. C 16 18 21 22 23 Did I ial Can I have No. 10 back? give you 10? fic 20 MR. FELDMAN: Un of 19 e 14 THE WITNESS: I think you took it away. MR. FELDMAN: No. stack, stack over there. Q. Here. Let's put it in a Let's keep it straight. (By Mr. Feldman) Oh. Let me back up a second. 24 Excuse me for doing this; but let me also show you what 25 has been marked as Exhibit 11 to these depositions, which Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 163 Mr. Patton, but there was no consideration given to his -- 2 well, you were not furnished his response? 3 A. Right. 4 Q. No board member was? 5 A. No, not that I'm aware of. 6 board members were. 7 didn't ask for one. ist ric t C ler k 1 I don't know if other I wasn't furnished a response, and I Q. Why not? 9 A. There was an investigation going on and there was nie l D 8 nothing -- my assumption is any information that I needed 11 to be provided would be provided to me. Q. By HR? 13 A. Or our attorneys. 14 Q. Okay. of 12 C hr is Da 10 ffic e But once again, the investigation had nothing to do with what is set forth in Ms. Rodriguez' 16 memo that is Exhibit 10. 17 assumed if there was any other information that it would 18 have been provided to you? 21 22 ial C op y You're -- and so, you just Any information that was relevant to Mr. Patton fic 20 A. in his employment, I assumed would be provided to me. Un of 19 O 15 Q. All right. You say -- but you did see this document eventually? 23 A. Later, uh-huh. 24 Q. In the summer of 2016? 25 A. Correct. Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 165 1 session, correct? 2 A. (Nodding head affirmatively.) 3 Q. Do you recall what meeting it might have been discussed in? ist ric t C ler k 4 5 A. I believe it was the June board meeting. 6 Q. And could you tell us to the best of your recollection what transpired in that discussion? 8 12 13 nie So, it would be discussion around the result of is A. Da privileged communications with counsel. hr 11 the same instruction not to reveal the contents of any the investigation took place with -- with our counsel. Q. C 10 And I'm going to give you (By Mr. Feldman) Okay. Are you saying that the of 9 MS. SKAGERBERG: l D 7 entirety of the discussion that the board had regarding 15 returning Mr. Patton to work was one of legal advice? O ffic e 14 A. (Nodding head affirmatively.) 17 Q. That the board did not make that determination on 20 C advice. ial A. No. It was the discussion in -- based on legal fic 19 its own without legal advice? Un of 18 op y 16 21 Q. Why did you return him to work? 22 A. Because the results of the investigation did not 23 reveal anything worth termination. 24 Q. Well, he wasn't disciplined in any way, was he? 25 A. No. Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 169 1 identified and this discussion with Mr. Rodriguez from 2 March 10, 2017, and the end of August of 2017; is that 3 correct? A. Correct, to the best of my recollection. 5 Q. Okay. ist ric t C ler k 4 Now, going to the discussion that took 6 place amongst the board, I think you said the second week 7 of August -A. Uh-huh. 9 Q. -- of 2017, please relate to us what transpired 14 15 Q. nie Da is hr C with our attorney. You mean the board had no discussion itself of 13 So, again, that was discussion of the contract separate and apart from receiving legal advice? e 12 A. A. ffic 11 in that discussion. Other than to take a collective vote on -- well, O 10 l D 8 not vote but poll of whether to renew or not to renew. 17 But the bulk of the conversation was with the attorney. 20 C Tell me about this poll. How was the ial All right. poll conducted? A. fic 19 Q. There was discussion with the attorney; and Un of 18 op y 16 21 through that discussion, most board members present were 22 noted. 23 Q. Most board members? 24 A. The -- well, the majority attending was noted. 25 Q. So, every board member had an opportunity to -- Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 177 1 2 CAUSE NO. 2016-51917 RICHARD PATTON Plaintiff, ) IN THE DISTRICT COURT ) ) ) HARRIS COUNTY, TEXAS ) ) ) ) 295TH JUDICIAL DISTRICT 3 vs. 5 ist ric t C ler k 4 HOUSTON INDEPENDENT SCHOOL DISTRICT Defendant. 6 l D 7 nie 8 Da 9 REPORTER'S CERTIFICATE 11 ORAL VIDEOTAPED DEPOSITION OF RHONDA R. SKILLERN-JONES hr is 10 12 C AUGUST 23, 2017 e I, Anne F. Sitka, Certified Shorthand Reporter in and ffic 14 of 13 for the State of Texas, hereby certify to the following: 16 That the witness, RHONDA R. SKILLERN-JONES, was duly op y O 15 sworn and that the transcript of the deposition is a true 18 record of the testimony given by the witness; ial That the deposition transcript was duly submitted on fic 19 C 17 ___________________ to the witness or to the attorney 21 for the witness for examination, signature, and return 22 to me by ______________________. 23 Un of 20 That pursuant to information given to the deposition 24 officer at the time said testimony was taken, the 25 following includes all parties of record and the amount of Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 178 1 2 3 time used by each party at the time of the deposition: Mr. David Feldman (4:43) Attorney for Plaintiff Ms. Kate Skagerberg (00:00) Attorney for Defendant 5 ist ric t C ler k 4 That a copy of this certificate was served on all 6 parties shown herein on ____________________ and filed 7 with the Clerk. l D 9 I further certify that I am neither counsel for, related to, nor employed by any of the parties in the nie 8 action in which this proceeding was taken, and further 11 that I am not financially or otherwise interested in the 12 outcome of this action. is hr C Further certification requirements pursuant to of 13 Da 10 Rule 203 of the Texas code of Civil Procedure will be 15 complied with after they have occurred. ffic O op y 17 Certified to by me on this _______ day of ___________________, _______. C 16 e 14 21 22 23 fic 20 Un of 19 ial 18 __________________________ Anne F. Sitka, CSR, RPR Texas CSR 7079 Expiration: 12/31/2018 Stratos Legal Services, LP Firm No. 484 4295 San Felipe, Suite 125 Houston, TX 77027 24 25 Stratos Legal Services 800-971-1127 Rhonda Skillern-Jones August 23, 2017 Page 179 1 FURTHER CERTIFICATION UNDER TRCP RULE 203 2 6 7 8 9 ist ric t C ler k 5 deposition officer on _______________________. If returned, the attached changes and Signature page(s) contain(s) any changes and the reasons therefor. If returned, the original deposition was delivered to Mr. Feldman, Custodial Attorney. l D 4 The original deposition was/was not returned to the $_______ is the deposition officer's charges to the nie 3 Plaintiff for preparing the original 11 deposition and any copies of exhibits; is hr The deposition was delivered in accordance with Rule C 12 Da 10 203.3, and a copy of this certificate, served on all 14 parties shown herein, was filed with the Clerk. e ffic O 16 Certified to by me on this ______ day of ______________________, _______. op y 15 of 13 17 21 22 23 24 ial fic 20 Un of 19 C 18 ______________________________ Anne F. Sitka, CSR, RPR Texas CSR 7079 Expiration: 12/31/2018 Stratos Legal Services, LP Firm No. 484 4295 San Felipe, Suite 125 Houston, TX 77027 25 Stratos Legal Services 800-971-1127