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EXHIBIT G

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TRANSCRIPT OF THE

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RICHARD A. PATTON

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GRIEVANT:

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LEVEL II GRIEVANCE HEARING

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BEFORE HEARING OFFICER SAMUEL SARABIA

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HELD DECEMBER 14, 2016

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The Proceedings of this Level II Grievance Hearing were

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reported by Diana Ramos, a Certified Shorthand Reporter

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in and for the State of Texas, at the Hattie Mae White
Educational Support Center, 4400 West 18th Street,

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Superintendent's Large Conference Room, Houston, Texas,

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between the hours of 1:44 p.m. and 3:37 p.m., on

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December 14, 2016.

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DepoTexas, Inc.

 Richard A. Patton

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A P P E A R A N C E S
HEARING OFFICER:
Mr. Samuel Sarabia
Deputy Superintendent
Houston Independent School District

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COUNSEL FOR THE HOUSTON INDEPENDENT SCHOOL DISTRICT:
Ms. Kate Skagerberg
BECK REDDEN, LLP
1221 McKinney Street, Suite 4500
Houston, Texas 77010
Tel: (713) 951-6255
kskagerberg@beckredden.com

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OUTSIDE GENERAL COUNSEL FOR THE HOUSTON INDEPENDENT
SCHOOL DISTRICT:
Ms. Kelly S. Sandill
ANDREWS & KURTH, LLP
600 Travis Street, Suite 4200
Houston, Texas 77002
Tel: (713) 220-4181
kellysandill@andrewskurth.com
COUNSEL FOR THE GRIEVANT, RICHARD A. PATTON:
Mr. David M. Feldman
ATTORNEY AT LAW
3355 West Alabama Street, Suite 1220
Houston, Texas 77098
Tel: (713) 986-9471
david.feldman@feldmanlawpc.com
ALSO PRESENT:
Ms. Gloria Cavazos
Chief Officer, Office of Human Resources, HISD
Mr. Wayne Dolcefino
Affiliated with David M. Feldman

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Mr. Richard A. Patton, Grievant
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Ms. Catosha Woods
Deputy General Counsel, HISD

DepoTexas, Inc.

 Richard A. Patton

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I N D E X

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PAGE
CALL TO ORDER...................................

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PRESENTATION ON BEHALF OF THE GRIEVANT

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RICHARD A. PATTON WAS CALLED AS A WITNESS
MR. PATTON MAKES HIS PRESENTATION............
EXAMINATION BY MR. FELDMAN...................

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PRESENTATION ON BEHALF OF THE DISTRICT

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GLORIA CAVAZOS WAS CALLED AS A WITNESS
EXAMINATION BY MS. SKAGERBERG................

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CLOSING ON BEHALF OF THE GRIEVANT...............

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CLOSING ON BEHALF OF THE DISTRICT............... 102

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CLOSING ON BEHALF OF THE GRIEVANT............... 105
INCLUDING RECALLING RICHARD A. PATTON
AS A WITNESS

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REPORTER'S CERTIFICATE PAGE .................... 108

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DepoTexas, Inc.

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Exhibit 8..................................
8-3-16 Email to Elneita
Hutchins-Taylor, et al, from
Richard A. Patton
Exhibit 9..................................
8-12-16 Email to Richard A. Patton
from Elneita Hutchins-Taylor
Exhibit 10.................................
11-3-15 Letter to Members of the Board
of Education from Richard A. Patton

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Exhibit 7..................................
8-2-16 Memorandum to Richard Patton
from Manuel Rodriguez, Jr.

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Exhibit 6..................................
8-31-16 Memorandum to Richard Patton
from Gloria Cavazos

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Exhibit 5..................................
10-19-15 HISD Non-Certified
Administrator Performance Contract

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PAGE
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NUMBER AND DESCRIPTION
Exhibit 1..................................
HISD Dispute Resolution Form Filed
10-28-16
Exhibit 2..................................
HISD Dispute Resolution Form Filed
6-6-16
Exhibit 3..................................
4-13-16 Incident Memorandum to Richard
Patton from Board President
Exhibit 4..................................
4-22-16 Response to Incident
Memorandum to Board President from
Richard Patton

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EXHIBITS

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DepoTexas, Inc.

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 Richard A. Patton

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NUMBER AND DESCRIPTION

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Exhibit 11.................................
6-14-16 Letter to Elneita
Hutchins-Taylor from Scott Bounds;
Attachments

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Exhibit 12.................................
HISD Personnel-Management Relations,
Employee Complaints/Grievances, DGBA
(LOCAL)

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EXHIBITS (Continued)

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DepoTexas, Inc.

 Richard A. Patton

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(1:44 p.m.)

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HEARING OFFICER:

This is an

administrative conference being conducted to consider a

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dispute resolution form filed by Richard Patton, former

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chief audit executive.

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My name is Dr. Samuel Sarabia, Deputy

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Superintendent of the Houston Independent School

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District.

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dispute at Level II.

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I will be the hearing officer for this

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The conference is being held in the
Superintendent's Large Conference Room at the Hattie Mae

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White Educational Center, 4400 West 18th Street,

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Houston, Texas, on December 14th, 2016, at 1:30 p.m. --

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I believe it's 1:45 p.m.

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In order to provide the most accurate

possible record, this conference is being recorded by a

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court reporter.

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talking so that the court reporter can adequately record

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the proceedings.

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Please avoid talking when others are

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Please answer all questions verbally.

court reporter cannot record gestures.

The

Please note that

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video-recording is not allowed during the conference.

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The court reporter will provide the official record of

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the proceedings.

01:45 25

This Level II dispute resolution
DepoTexas, Inc.

 Richard A. Patton

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conference will be conducted in accordance with HISD

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Board Policy DGBA Local as revised by the Board of

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Education on May 15th, 2014.

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due process hearing.

As such, I will not consider or

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rule on objections.

You may voice any concerns during

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your presentation, and they will be noted for the

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record.

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Also, there shall be no cross-examination
of any witnesses.

Each side will simply make

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01:45

The conference is not an evidentiary or

presentations within the time restrictions set by me.

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have allotted one hour per side for each presentation.

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You may reserve up to 15 minutes of time from that one

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hour for closing.

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Mr. Patton, since you have filed this

grievance, you will proceed first.

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After considering the matters presented at

the conference and any other information I may have, I

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will issue a written decision or disposition with

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respect to the concern.
Before we begin with the very first

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presentation, I would like for each person in the room

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to identify themselves for the record.

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start here to my left.

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Mr. Feldman?
DepoTexas, Inc.

So if we could

 Richard A. Patton

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I'm David Feldman, attorney

for Richard Patton.

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MR. PATTON:

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MR. DOLCEFINO:

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MS. WOODS:

MS. SKAGERBERG:

resource officer.

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Gloria Cavazos, chief human

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MS. CAVAZOS:

Kate Skagerberg on behalf

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of HISD.

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Catosha Woods, deputy general

counsel.

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Wayne Dolcefino.

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Richard Patton.

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MR. FELDMAN:

I'm Kelly Sandill.

I serve

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MS. SANDILL:

as outside general counsel for HISD, and I'm here to

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address any questions that might arise regarding the

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process.

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I do want to ask, Mr. Dolcefino, can you

just state, so we have it on the record, the nature of

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your connection to this matter?

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I'll do that.

MS. SANDILL:

Sure.

MR. FELDMAN:

He's affiliated with our

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MS. SANDILL:

Okay.

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HEARING OFFICER:

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firm.

Okay.

Mr. Feldman, do

you plan to call any witnesses?
MR. FELDMAN:

Mr. Patton will be a

DepoTexas, Inc.

 Richard A. Patton

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witness.

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procedure that I would like to address with you before

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Mr. Patton is presented.

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HEARING OFFICER:

MS. SKAGERBERG:

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Okay.

Ms. Skagerberg,

Ms. Cavazos.

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Okay.

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To save time, we will attach the

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So that will be entered.

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grievance to the record rather than read the dispute.

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Okay.

do you plan to call any witnesses?

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Do you have a copy of that?

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which -- in other words, the --

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The first one.
-- first grievance that was

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MR. PATTON:

filed regarding his -- Mr. Patton's suspension or

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Do you also have a copy of

the grievance which is incorporated by reference,

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Yes.

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I do have some questions regarding the

placement on home duty or home assignment.
MS. SKAGERBERG:

Now, that grievance

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proceeding was terminated on August 5th.

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course, under the policy, once a grievance proceeding is

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terminated, it can't be reopened.

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MR. FELDMAN:

And, of

I just asked if he had a

DepoTexas, Inc.

 Richard A. Patton

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MS. SKAGERBERG:

I understand.

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HEARING OFFICER:

I have a --

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MR. FELDMAN:
of the record.

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HEARING OFFICER:
the current grievance --

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MR. FELDMAN:

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Well, then I'll put it into

evidence.

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attachment.

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This is a copy of the

current and all attachments.

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I have a copy of

All right.

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I think it needs to be part

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copy of it.

And, Dave, the prior was not an

Right?
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Well, it was -- see, we --

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No.

MR. FELDMAN:

-- incorporate it by

MS. SANDILL:

-- your point.

I understand --

reference.
I'm just

making sure it's not in the pile --

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MR. FELDMAN:

And I don't see how a --

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MS. SANDILL:

-- that I have right

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 Richard A. Patton

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MR. FELDMAN:

-- hearing officer --

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MS. SANDILL:

-- because it's not an

MR. FELDMAN:

-- can -- can consider

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there --

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everything without considering what's referenced in the

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grievance.

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Okay.

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HEARING OFFICER:

So the remedy

requested is immediate reinstatement of duties as chief

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audit executive and renewal of employment contract with

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reasonable measures and assurances put into place that

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please indicate the specific concerns and/or violations
that caused this dispute to be filed.

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Mr. Feldman, during your presentation,

And as I've

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stated, I'm allotting one hour.

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15 of those minutes as a wrap-up, you're more than

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welcome to do so.

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MR. FELDMAN:

I'd like to address some

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Okay.

Are you going to count that

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against me as part of my hour?

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HEARING OFFICER:

01:49 25

If you choose to secure

Okay.

accommodate that.
DepoTexas, Inc.

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 Richard A. Patton

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Okay.

The first thing --

and you and I had some correspondence going back and

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forth, and it doesn't appear that that correspondence is

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part of the record so I do want to reiterate a couple of

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points that was made during the course of that

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correspondence.

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And one is that we requested that we be
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email to me that that would not be permitted.

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You stated in an
I've

She reiterated that

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same position.

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speaks to videotaping at Level III and audio recording

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at Level II.

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I don't know what the distinction is
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I recognize in the board policy it

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MR. FELDMAN:

have a videographer with us.

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the record.

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outside because HISD folks would not let him in here.

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His name is Kenny Briar.

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to videotape.

We would request, once again, to be able
I recognize you have a policy that

doesn't speak to videotaping at Level II.

I'm not

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suggesting that the videotape would be used as an

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official record.

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official record.

01:50 25

I understand the court reporter is the

I'm asking for what is a very simple
DepoTexas, Inc.

 Richard A. Patton

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accommodation for my purposes so that I have something

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to look at down the road regarding this conference.

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would like to videotape the conference, and I would ask

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for that accommodation.
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Okay.

I'm glad that you

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recognize that's not within the Level II, that it's an

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audio.

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consistent with how I conduct Level II grievances, and

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so therefore no videotaping.

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been entered.

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Which means you're refusing

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MR. FELDMAN:

That's correct.

All right.

Just let Kenny know he can do whatever he
needs to do.

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MR. FELDMAN:

to accommodate my request?

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I'm going to be

consistent with how I conduct Level II.

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You are refusing to

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accommodate my request?

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But thank you.

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So I'm going to remain

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You didn't have to take that last part
down.
DepoTexas, Inc.

 Richard A. Patton

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HEARING OFFICER:

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MR. FELDMAN:

Okay.

Now, I have to ask you a

question as to what your role is, Dr. Sarabia, because

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during the opening that you were reading from the script

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that you have in front of you, you said that you were

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going to issue a decision regarding this grievance.

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In our email correspondence, that's not

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what you stated.

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issue findings of fact.

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And I specifically questioned

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You stated that you were going to

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So my question to you or to counsel is,
what is going to happen as a result of this conference?

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Is Dr. Sarabia actually going to make a decision

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regarding an action that the board took or is he going

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to be making his findings of fact that he had indicated

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in his email correspondence?

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Sure.

And I can address

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that.

And I think maybe some of the confusion comes

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from, what does the term "decision" mean in this
particular context?
And specifically, since the relief

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requested is not something that he has the power to

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fully grant, but instead would be something that the

01:53 25

board would have to make a determination on, he will
DepoTexas, Inc.

 Richard A. Patton

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the extent he can, meaning he will give a

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recommendation, but he can't grant the relief that's

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requested were you to demonstrate that it was warranted.

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make a decision, which is what the policy calls for, to

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Does that make sense?

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MR. FELDMAN:

He's --

So an administrator is going

to make a recommendation to the school board as to

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whether or not it violated the law in the action it

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took?

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in his email correspondence?

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I mean, I don't know if

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I mean --

MS. SANDILL:

-- some particular --

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I just --

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-- meaning to the term

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Is he going to be making findings of fact like he stated

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-- the purpose of the

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"findings of fact."

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report of his determinations that are reached on the

01:54 25

I think he's going to provide a

facts presented here.
DepoTexas, Inc.

 Richard A. Patton

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I did not.

I was not the

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person who used the term "findings of fact."

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Dr. Sarabia did, and he did three times in the course --

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or at least twice in the course of email correspondence

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with me.

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his role is --

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It was --

And I questioned that, and he said that's what

MS. SANDILL:

Okay.

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-- that he wasn't going to

making findings of fact.

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be making a decision, that he was just going to be

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going to be making a recommendation, which he

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Like I said, I think it may

come down to how people are understanding the word

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"decision."

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"I can't reach a decision," is I can't grant the relief

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fully that's been requested because that would be at a
board-level decision.

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So he will make a decision all the way

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through to the extent he can.

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mean, as I understood it, you wanted a decision.

01:55 25

And I don't know -- I

not sure -DepoTexas, Inc.

So I'm

 Richard A. Patton

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just that, though, Kelly.

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can't make a decision --

Right.

But a decision is

It's a decision.

And he

MS. SANDILL:

He --

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MR. FELDMAN:

-- because he's -- because

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it's the board that acted.

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MS. SANDILL:

But --

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MR. FELDMAN:

My point is that we

01:55 10

going to say.

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Right.

MS. SANDILL:

But this is the step that we

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are at.

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without a Level II.

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step.

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And that was what I was just

your issue of you think that we shouldn't be at this

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MR. FELDMAN:

We're here on a Level II, and he's

telling you he's going to make a decision.
If you want to ask him more about what

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that means, you're -- he can say what I've told you,

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which is what --

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MR. FELDMAN:

Well, the --

01:55 25

MS. SANDILL:

-- he's told me.

DepoTexas, Inc.

 Richard A. Patton

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-- policy, DGBA clearly --

the way it's written, doesn't contemplate a situation

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where the action being grieved is the action of the

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board itself.

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What -- what DGBA Local has written -HISD's DGBA Local has written contemplates a matter

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where someone other than the board has taken action

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that's being complained of.

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Level II makes a record, issues a decision
on the grievance, grant or deny.

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appealed to the board.

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the action of the board.

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Level II to Level III when what we're appealing is -what we're complaining of is a decision that was made by

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16

So here the action is actually

the board that sits at Level III.

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01:56 15

And that can be

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14

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01:55

MR. FELDMAN:

17

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MS. SANDILL:

I think the situation here

is the board -- excuse me.

19

this policy, and I don't think it specifically draws

21

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The district has interpreted

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01:56 20

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18

distinctions between the board making decisions or
someone else.

22

So I don't think that that's an accurate

23

representation of what the policy says.

24

your position that you don't think we should be here for

01:57 25

a Level II.
DepoTexas, Inc.

I understand

 Richard A. Patton

19
1
2

a Level II before this goes to a Level III.

3

to do that today.

4

This is your opportunity to do this.

5

to take the opportunity and you want to withdraw your

6

grievance, then that's the other opportunity.
MR. FELDMAN:

My point is you and I can sit here and --

12

MS. SANDILL:

13

MR. FELDMAN:

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process --

01:57 15

MS. SANDILL:

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Level III.

17

We will play out your --- debate whether this -We will play out your

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MR. FELDMAN:

16

I didn't think that you

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would.

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MS. SANDILL:

11

14

We're not going to fall

into the trap of withdrawing our grievance.

9
01:57 10

No.

If you don't want

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8

If you are -- you know, you're here.

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We're here

-- should be Level II or

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01:57

The district's position is that we conduct

-- but it's important for

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MR. FELDMAN:

me, since the court reporter is sitting here, that I be

19

heard on my disagreement with the approach that the

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18

district has taken.
I think everybody at this table recognizes

22

that I've spent decades representing school districts.

23

I have started grievances at Level III.

24

reason, HISD does not want to do that.

01:58 25

For some

I think this matter should have gone
DepoTexas, Inc.

 Richard A. Patton

20

2

trying to make here because I don't see how in the world

3

Dr. Sarabia has any authority to make a recommendation

4

to the very body whose action we're complaining of in

5

the first place.

6

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directly to the board, and that's the point that I am

So I've said that.

He's saying now he's

7

not going to be making findings of fact.

8

MS. SANDILL:

01:58 10

you were going to do.

hr

11

MR. FELDMAN:

12

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said that.

Oh, I thought that's what

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9

I don't think that he has

is 

01:58

1

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MS. SANDILL:

I think he said that he

would make a decision.

14

parse some sort of what "findings of fact" means.
don't --

16

I

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You're -- you're wanting to

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01:58 15

of

13

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MR. FELDMAN:

Well, these were -- this was

terminology -- Kelly, this is terminoly -- terminology

18

he used with me.

01:58 20

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MS. SANDILL:

difference does it make?

I understand, but what

He's telling you he's going

to --

22

MR. FELDMAN:

Well, because --

23

MS. SANDILL:

-- make a decision.

24

MR. FELDMAN:

-- "findings of fact"

01:58 25

suggests a formal process.
DepoTexas, Inc.

 Richard A. Patton

21

MS. SANDILL:

Okay.

2

MR. FELDMAN:

And --

3

MS. SANDILL:

Did you intend, by using the

Well, I don't --

word "findings of fact," to suggest some sort of

5

different process than what is called for in the board

6

policy?

7

HEARING OFFICER:

8

MS. SANDILL:

9

HEARING OFFICER:

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Okay.

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duly noted.

MR. FELDMAN:

12

HEARING OFFICER:

So that's been

I'm not through, sir.
Okay.

What's your other

of

concern?

14

All right.

So you're --

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MR. FELDMAN:

you're telling me that -- now that you're not actually

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01:59 15

Okay.

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11

13

No.

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01:59 10

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01:59

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going to be making findings of fact as set forth in your

17

email correspondence, which is fine.

01:59 20

21

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19

I also want to state for the record that

given the nature of this proceeding, given the

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16

uniqueness of it, in that we are complaining of the
action of the board, I had asked for Dr. Sarabia to

22

request that two particular board members be present so

23

that they could appear as witnesses.

24
01:59 25

Dr. Sarabia said he was not going to
compel the attendance of any witness.
DepoTexas, Inc.

 Richard A. Patton

22
1

an action of the board and it is the board that made the

3

decision that we're -- we are complaining of, board

4

members as witnesses would be particularly appropriate.

5

I could not get the board members to come voluntarily.

6

They would have come had they been requested.

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2

7

I just wanted to state that for the
record, that Dr. Sarabia refused to grant my request to

9

ask board members to be present to testify.

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identified two particular board members.

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02:00 10

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8

I

It's a matter

11

of record that I did.

12

do that, which I think taints the fairness of this

13

proceeding so...

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hr

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And he declined to permit me to

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of

02:00

Given the fact that we are complaining of

14

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HEARING OFFICER:

02:00 15

Certainly.

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MR. FELDMAN:

16

May I address that?

op
y

HEARING OFFICER:

I did not deny your

grant to request for them to be present.

18

you could extend that invitation to them.

02:01 20

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Simply it was

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17

As a hearing officer, I've never extended

the invitation for either side to ask witnesses to be
present.

That's always been left up to each individual

22

side to make the invitation.

23

participate and volunteer, then they're here as a

24

willing participant.

02:01 25

MR. FELDMAN:

And if they're willing to

What I'm telling you, sir,

DepoTexas, Inc.

 Richard A. Patton

23

is that the board members stated that they couldn't be

2

present without being requested by the administration to

3

be present.
HEARING OFFICER:

5

MR. FELDMAN:

6

And that's why I was asking

you to do that.

7

HEARING OFFICER:

8

MR. FELDMAN:

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witnesses who would have firsthand knowledge as to why

Da

11

Therefore, we are unable to present individuals as

the board acted the way it did.

is 

02:01 10

HEARING OFFICER:

13

MR. FELDMAN:

I understand that the head

e 

of

Okay.

knowledge.

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of HR is here, but she doesn't have any firsthand
And presumably you would be making your

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02:01 15

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12

14

Okay.

And you declined my request.

hr

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Okay.

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4

decision based on facts that are the product of

17

firsthand knowledge.

19
02:02 20

21

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So for the record, I just wanted to point

fic

18

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16

out that I requested the opportunity to -- or asked that

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02:01

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you do that.

You declined my request.
HEARING OFFICER:

22

MR. FELDMAN:

23

HEARING OFFICER:

24

MR. FELDMAN:

02:02 25

Okay.

That's your prerogative.
So for the record --

I just wanted to make a

record of that.
DepoTexas, Inc.

 Richard A. Patton

24
1
2

HEARING OFFICER:

-- it's been duly noted.

Thank you.
MR. FELDMAN:

Okay.

4

MS. SANDILL:

I just want to clarify one

thing so that I understand.

6

directly with board members about this?

8
9

MR. FELDMAN:
question.

02:02 10

11

Any other clarifying

questions on procedures?

13

No.

I think -- I think that

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of

MR. FELDMAN:

covers it at this point in time.

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14

Fair enough.

hr

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HEARING OFFICER:

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12

Okay.

Da

MS. SANDILL:

I don't have to answer that

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Are you saying that you had communications

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5

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02:02 15

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HEARING OFFICER:

Okay.

So, Mr. Feldman,

as I mentioned, 60 minutes.

17

15 for follow-up after administration presents theirs?

02:03 20

21
22
23
24
02:04 25

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MR. FELDMAN:

Would you like to reserve

Let's just see how long it

fic

19

takes for Mr. Patton to present.

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16

I don't think we're

going to need the entire time.
HEARING OFFICER:
MR. FELDMAN:

Okay.

So whatever -- whatever time

is left over -HEARING OFFICER:
MR. FELDMAN:

Okay.

-- I'll use.

DepoTexas, Inc.

 Richard A. Patton

25
1

timer.
THE REPORTER:

4

Is this an exhibit?

5

record once we start.

6

I just don't want to stop the

HEARING OFFICER:
under -THE REPORTER:
stickers real quick.
MS. SANDILL:

11

THE REPORTER:

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14

THE REPORTER:

24
02:04 25

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op
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Okay.

Thank you.

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Okay.

And, Mr. Feldman,

fic

HEARING OFFICER:

would you like for me to give the courtesy of letting
you know when we reach a 30-minute point just --

22
23

Let me just get a couple

(Exhibit 1 marked.)

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Right.

That's Exhibit 1.

17

02:04 20

Just do 1 through

ready so I don't have to stop anybody.

16

19

Sure.

ffic

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MR. FELDMAN:

18

This is just Exhibit 1.

hr
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whatever then?

13

15

That would go

Let me just grab some

Da

10

12

Yes.

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8
9

Exhibits just real quick.

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7

Then I'll be using a

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2

HEARING OFFICER:

MR. FELDMAN:

Yeah, that's fine.

HEARING OFFICER:

Okay.

Then with that,

I'll begin.
Okay.

Mr. Feldman?

MR. FELDMAN:

All right.

DepoTexas, Inc.

Dr. Sarabia, you

 Richard A. Patton

26
1

said you already have the grievance itself as part of

2

the record.

3

5
6

HEARING OFFICER:
Exhibit 1.

That was just entered as

7

MR. FELDMAN:

8

What I'd like to do, before Mr. Patton

11

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makes his presentation, is place into evidence the
entirety of the grievance that was filed on June 6th,

Da

02:04 10

Okay.

2016, regarding Mr. Patton's suspension.

is 

9

Exhibit 1.

hr

02:04

just --

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4

Is it going to be listed as an exhibit or

12

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I understand that that grievance process
has concluded, but the purpose for putting this into

14

evidence is that it includes many exhibits that are also

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16

relevant to this grievance regarding the board's action
in not renewing his contract.

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02:05 15

of

13

17

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So I would offer as -- are we marking

these all in serial -- in sequence, or do you want this

19

Grievance 1 or how do you want it?

21

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HEARING OFFICER:

We'll follow in --

22

MR. FELDMAN:

23

HEARING OFFICER:

24

THE REPORTER:

02:05 25

That would be Exhibit 2.

MR. FELDMAN:

Okay.
-- in that order.

Sure.
So I offer as Exhibit 2

DepoTexas, Inc.

 Richard A. Patton

27

the -- the full grievance with exhibits that was filed

2

by Mr. Patton on June 6th, 2016.

3

(Exhibit 2 marked.)

4

HEARING OFFICER:

5

entered as Exhibit 2.

6

Okay.

So it has been

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02:05

1

Thank you.

MR. FELDMAN:

I also just, I guess, would

point out, so it doesn't create confusion down the road,

8

is that the exhibits that are part of this grievance

9

that is marked as Exhibit 2 are also numerically marked.

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7

So we have Exhibits 1 through -- well,

11

actually we have exhibits that are both numbered and

12

lettered.

hr

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02:06 10

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Well, they'll speak for themselves.
HEARING OFFICER:

14

MR. FELDMAN:

e 

ffic

19

accomplishments.

23
24
02:07 25

Let me give a summary of my background and
I have a bachelor's degree from the

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quickly.

22

I'll go through this very

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MR. PATTON:

18

21

So at this point

of his grievance.

17

02:06 20

All right.

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16

Okay.

in time, Mr. Patton will present information in support

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02:06 15

of

13

University of Mississippi in 1979.

Prior to HISD, my

30-year experience focused largely on audit and
compliance.

I am a CPA and CFE.
I started with HISD in February 2010 as

the E-Rate compliance officer.

Prior to this, the

district received zero funding dollars from the Federal
DepoTexas, Inc.

 Richard A. Patton

28
1

Communications Commission over a period of about five

2

years due to alleged inappropriate activities and vendor

3

relationships of certain employees and board members.

4

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5

reached with the Department of Justice where HISD paid

6

$850,000 --

7

MS. SANDILL:

Yeah.

I'm --

Can we just -- I'm so

I don't mean to interrupt you at all.

Da

sorry.

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I'm having difficulty here.

9
02:07 10

Hold on a second.

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8

MR. FELDMAN:

MR. PATTON:

12

MS. SANDILL:

It's all right.
Two things.

Number one, I

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hr

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11

think it's a little bit hard to hear so I don't know if

14

y'all want to switch --

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of

13

15

21

MS. SANDILL:

-- might work.

MR. FELDMAN:

Yeah.

MS. SANDILL:

And then, second,

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Dr. Sarabia just wanted to clarify, you're not recording

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02:07 20

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17

19

Switch, yes.

MR. FELDMAN:

16

18

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02:07

A settlement and compliance agreement was

anything down there with your -MR. DOLCEFINO:

22

MS. SANDILL:

23

MR. DOLCEFINO:

24
02:07 25

No.

-- phone?
I'm actually reading

emails.
MS. SANDILL:

I know -- I knew you

DepoTexas, Inc.

 Richard A. Patton

29
1

probably were, but he just wanted me to clarify.

2

thank you.

3

MR. PATTON:

4

MR. FELDMAN:

5

THE REPORTER:

6

MR. FELDMAN:

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I think 99 percent, but I

Let me get my glasses in case

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MR. PATTON:

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think just starting over would be great.

11

I go blind.

12

I'll start over.

is 

I shouldn't need that, but -- okay.

So

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13

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of

As far as background and accomplishments,

ffic

I have a bachelor's degree from the University of
Mississippi in 1979.

Prior to HISD, my 30 years

 O

02:08 15

That would be great.
-- to the court reporter.

THE REPORTER:

10

14

It's up --

Were you able to get everything so far?

8
9

Do I need to start over?

hr

7

So

experience focused largely on audit and compliance.

17

am a CPA and CFE.

02:08 20

21

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19

I

I think you know what that means.

I started with HISD in February 2010 as

the E-Rate compliance officer.

Prior to this, the

Un
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18

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16

district received zero funding dollars from the Federal
Communications Commission over a period of about five

22

years due to alleged inappropriate activities and vendor

23

relationships of certain employees and board members.

24
02:08 25

A settlement and compliance agreement was
reached with the Department of Justice where HISD paid
DepoTexas, Inc.

 Richard A. Patton

30
1

$850,000 in fines and forfeited a hundred-plus million

2

dollars in federal funding that provided improved

3

technology for the students.

4

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control framework and training program to change that.

6

These efforts satisfied numerous external audits of

7

Deloitte, as well as the FCC itself, such that millions

8

of dollars of funding were restored.

9

respect and confidence of the FCC and Department of

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Justice, not one compliance finding has been issued by

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11

After gaining the

either source.

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02:09 10

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5

hr

02:09

My position established a comprehensive

12

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As an example of my accomplishments as the
E-Rate compliance officer, my efforts resulted in over

14

$88 million in funding approvals from the FCC in one

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16

calendar year compared to zero funding dollars over the
previous five cumulative years.

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02:09 15

of

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17

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My next role was ethics and compliance

officer, where I was promoted in September 2012.

19

expanded the control framework that existed for E-Rate

21
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I

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18

to cover district-wide functions beyond IT and
procurement.
We also enhanced district policies

23

pertaining to all areas of ethics and compliance to

24

assist in improving the district's public image as well

02:10 25

as transparency.
DepoTexas, Inc.

 Richard A. Patton

31
1
2

Grier and leadership from key board members, the culture

3

in HISD was starting to change, starting to improve.

4

an example of those accomplishments, we did implement

5

ethics policies and compliance requirements -- excuse

6

me -- that were strengthened greatly.

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7

As

Then I was promoted to chief audit

8

executive September of 2014.

9

transformed the audit department in one year such that

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Institute of Internal Auditors.

is 

11

we achieved the highest report rating possible from the

hr

02:10 10

In that role, I

12

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The Institute of Internal Auditors was
hired by the Audit Committee to conduct an audit of my

14

department.

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the lowest report rating from the IIA and did not comply

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16

Before I arrived, that same department had

with well-established professional standards.

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02:10 15

of

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02:10

With the assistance of Superintendent

17

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This accomplishment required numerous

improvements in the audit process to comply with the

19

internal auditors' professional standard of conduct.

21
22

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18

implemented the inner proc -- risk assessment process
that engaged all chiefs and the board to evaluate risk.
This process resulted in the issuance of

23

numerous value-added reports that were based on factual

24

results and ignored political influences, and I have a

02:11 25

list of those.

They're also available on the -- on the
DepoTexas, Inc.

 Richard A. Patton

32

district's website.

2

processes designed to improve public confidence within

3

HISD.

These reports improved controls and

As far as my dispute and concern, in each

5

position that I had with HISD I was hired to do a tough

6

job, and I performed them well.

7

performance was noted in my last performance evaluation

8

in October 2015.

9

evaluations.

My excellent

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This is consistent also with previous

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02:12 10

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The facts will show that I've always
complied with all aspects of board policy, the Internal

12

Audit Department Charter that was approved by the board

13

and the IIA professional standards.

14

orders given to me as long as they were ethical,

16

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I followed the

supported policy, the charter and the professional
standards.

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02:12 15

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11

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02:11

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17

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The Internal Audit Department Charter

prescribed my duties -- my direct duties that were

19

explicitly approved by the whole board.

21

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As chief audit

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18

executive, I was challenged by the audit committee, who
hired me, to bring the audit department into compliance

22

with professional standards and to recommend control and

23

process improvements to the district.

24
02:12 25

The district had a process of -- excuse
me.

The district had a history of non-compliance in
DepoTexas, Inc.

 Richard A. Patton

33

several areas and lost public confidence with both our

2

taxpayers and legislators.

3

compliance concerns, violations of state law that were

4

brought to my attention and other control concerns in

5

various audit reports.

6

pressure from Ms. Skillern-Jones.

7

I specifically expressed

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02:13

1

I soon witnessed political

I also brought the same violations in good
faith to the attention of the appropriate law

9

enforcement authorities, who requested my cooperation

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8

and supporting evidence regarding JOC concerns, job

11

order contract concerns, and other vendor concerns.

12

also submitted the same JOC evidence to Deloitte at

13

their request, who issued a significant deficiency in

14

their single audit report dated November 2015.

I

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02:13 10

02:13 15

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My concerns about non-compliance with

state law as well as political pressure from the board

17

were stated in a memo to the whole board in November

18

2015.

02:13 20

21

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MR. FELDMAN:

that that memo to the board of November 2015 is in
Exhibit 2 -- Exhibit 2 --

22

MR. PATTON:

23

MR. FELDMAN:

24
02:13 25

And let me just point out

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16

Right.
-- that's been presented in

this proceeding.
MR. PATTON:

However, in March 2016, I

DepoTexas, Inc.

 Richard A. Patton

34

received a reassignment to home duty letter stating,

2

quote, "Based on allegations of misconduct and other

3

performance concerns," end quote.

4

home duty while the board conducted an investigation

5

that centered on the use of HISD equipment to scan three

6

or four personal documents.

7

allows this use.

02:14 10

this -- in this grievance.

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Even after my request, I have not received

ffic

a report noting any misconduct or the results of the
board's investigation that was referred to in this

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16

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Exhibit 2 is what he's saying.

reassignment to home duty letter.

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02:14 15

There are exhibits within the

is 

MR. PATTON:

13
14

I'd also point out that the

referenced documents are exhibits to Exhibit 2 in

11
12

Policy CQ specifically

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9

MR. FELDMAN:

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8

I was assigned to

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02:14

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At no time did the board as a whole or the

audit committee discuss any performance concerns with

19

me.

21
22

fic

It's obvious that my reassignment to home duty for

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18

five months was retaliation for my cooperation with law
enforcement and to silence me on numerous ongoing
investigations and audit projects.

23

The incident memorandum that I have here

24

as well as my response to the incident memorandum -- I

02:15 25

wanted to make sure you understand that a month later I
DepoTexas, Inc.

 Richard A. Patton

35

2

MR. FELDMAN:

3

MR. PATTON:

4

MR. FELDMAN:

5

Here.
Yes.
Why don't we go ahead and

make these --

6

MR. PATTON:

7

MR. FELDMAN:

-- exhibits?

MR. PATTON:

Yes, they are.

8

Okay.

part of this?

10

MR. FELDMAN:

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9

Are they a

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02:15

received this incident memorandum, and --

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MR. PATTON:

Both of these are part of

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that.

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be specifically noted.

But -- but we want these to

And the first is an incident

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02:15 15

MR. FELDMAN:

memorandum, rec -- now, recognizing that this was after

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14

All right.

he was placed on home duty, an incident memorandum dated

17

April 13th, 2016, form -- from the board president

18

regarding performance issues, which we would ask be made

19

Exhibit 3 to this proceeding, as well as Mr. Patton's

21
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response to that memorandum, which is dated April 22,
2016, which we would present as Exhibit 4 to this
grievance proceeding.

23

MR. PATTON:

24

(Exhibits 3 and 4 marked.)

Yes.

02:16 25

DepoTexas, Inc.

 Richard A. Patton

36

RICHARD A. PATTON WAS PRESENTED AS A WITNESS

2
3
4
5

QUESTIONS BY MR. FELDMAN:
Q.

So at this point, Mr. Patton, why don't you

give the --

6

A.

Explain.

7

Q.

-- the hearing officer an explanation as to

9

A.

02:16 10

points.

Okay.

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the incident memorandum and the response to it?
So in summary, I'll just hit the high

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My written response and the evidence presented

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02:16

EXAMINATION (2:16 p.m.)

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to Mr. Rodriguez's incident memorandum proved the

12

inaccuracies of the performance issues he noted.

13

His statement that a discussion of

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is simply a lie.

It did not happen.

That's also stated

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02:17 15

performance issues occurred and that I agreed with him

in Grievance No. 1, which is Exhibit 2.

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11

17

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In fact, the public video and my personal

notes from the closed session that occurred only

19

included positive things about my CAE role, including a

21
22
23
24
02:17 25

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18

compliment from a Deloitte partner and a very positive
report from the IIA.

Those were the topics in that --

in that session.
There was absolutely nothing negative
about my performance discussed, and Ms. Eastman is a
witness to these facts.

She and Mr. Rodriguez were the
DepoTexas, Inc.

 Richard A. Patton

37
1

only members present at that audit committee meeting.

2

Mr. Rodriguez also requested we go into closed session.

4

At the closed session, he requested -- he questioned the

5

purpose and the need of my memo to the board dated

6

November the 3rd.

7

intimidation from Mr. Rodriguez.

11
12

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your memo of November 3rd, which is in exhibit -- part
of Exhibit 2, what that memo to the board conveyed?

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02:18 10

Why don't you, for the record, describe what

A.

The memo to the board.

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9

Q.

I viewed that as pressure and

Okay.

The memo to the

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board --

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02:17

At that November 9th, 2015, meeting,

Q.

Mr. -- this is the memo that --

14

A.

Yes.

02:18 15

Q.

-- Mr. Rodriguez questioned you about in

18

Q.

02:18 20

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Yes.

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-- the memo where you stated that you had gone

to law enforcement authorities.

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executive session --

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A.

Yes.

That memo is dated November 3rd.

Exhibit 9 of Exhibit 2 of the first grievance.

It's

I took

22

the time to express my concerns to the audit committee

23

that -- you know, they've been alerted to media reports

24

which indicate some of the members were not supportive

02:18 25

of my work.
DepoTexas, Inc.

 Richard A. Patton

38
1

through their actions as well as their verbal

3

interactions, and I felt pressure from certain members

4

of the audit committee to change my opinion on certain

5

things.

6

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My charter is very clear.

My charter was

7

approved by the board president as well as the audit

8

committee chairperson.

9

that's supported by the IIA, and that gave me my -- my

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complied with the charter.

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11

business -- that gave me my working rights, and I

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02:19 10

It's a very strong charter

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02:19

I can -- I was detecting a discontent

12

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I basically explained to the Board of
Education in this letter that -- that we need them to

14

understand the role of internal audit.

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they understood the role.

I don't think

They needed me to comply with

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02:19 15

of

13

the charter, which I don't think they understood the

17

charter.

02:19 20

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I needed freedom to make unfettered

recommendations, which I was not getting freedom to make

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unfettered recommendations.

It's okay if management

disagrees with audit recommendations, but they must be

22

aware of the risk they take when management disagrees

23

with recommendations.

24
02:20 25

I explained to the board through this memo
that internal audit cannot meet the demands of nine
DepoTexas, Inc.

 Richard A. Patton

39

different board members.

2

demands of any board member.

3

reports on facts.

4

about.

I'm not here to meet the
I'm here to base my

That's what the audit profession is

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I can't issue nine different reports.

5

I requested in written form that all of my
draft reports be vetted with management before it's

7

discussed in general session or closed session.

8

was not the case immediately prior to this.

9

would allow us to operate without restrictive time

Also, that

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constraints.

That

I've had board members say, "I want this

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02:20 10

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6

audit done in so many days," and it's not possible

12

because they wanted a board vote.

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memo was that I was getting different requests from
different board members to meet their personal interest,

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14

Another problem was -- expressed in this

and I explained that I need approval from the whole

17

board, not just -- or the whole audit committee at the

18

time, not just one board member.

02:21 20

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And there was also some discussion that

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elected officials were concerned about their perception
of mismanagement by CFS as well as the lack of integrity

22

of public funds.

23

I wanted to get that clear that that was the case.

24
02:21 25

My reports do not use those words, and

I also communicated to the board that I -that on September 10th, 2015, I reported to Chief Mock,
DepoTexas, Inc.

 Richard A. Patton

40

2

concern with -- with the -- with the district's practice

3

of splitting job orders to fall below the $500,000 state

4

law minimum.

5
6
7
8

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who's over the HISD Police Department, that I had a

So all these things were discussed in this
memo.

I think that covers the key parts.

Q.

All right.

And is -- is this the memo that

Mr. Rodriguez --

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02:21

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A.

Yes.

02:21 10

Q.

-- questioned you about in that --

11

A.

Yes.

12

Q.

-- executive session?

13

A.

The only thing that occurred --

14

Q.

Okay.

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Would you -- would you relate

specifically how he questioned you regarding that memo?
A.

Well, yes.

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02:22 15

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9

I was caught off guard when he

requested a closed session because there -- generally we

18

have some outline on closed session.

19

for the worst.

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So I was preparing

I knew I had issued this memo.

He specifically wanted to discuss, once we

got in the closed session, why I issued this memo.

And

22

I explained to him, you know, basically the memo stands

23

for itself.

24

my job.

02:22 25

I needed cooperation from the board to do

I can't -- I can't report to one member of
DepoTexas, Inc.

 Richard A. Patton

41

the board.

2

Now I understand all that's been changed.

3

department reports to the whole board, which is even --

4

even more confusing, by the way.

I have to report to the whole committee.
The audit

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That's not my problem.

5

But he -- he really questioned the purpose

6

of this memo, and I -- the impression I got was pressure

7

and intimidation to change my ways in the future.

8

that's not going to happen.

nie

I told the Audit Committee and Dr. Grier
when they interviewed me for this job, "If you're

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02:22 10

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9

And

looking for a yes man, with all due respect, you've got

12

the wrong person.

13

going to do my job."

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Do not give me this job because I'm

of

And --

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02:22

1

Q.

Okay.

02:23 15

A.

Yes, sir.

16

Q.

So, in other words, you were reiterating to

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14

Mr. Rodriguez that all you were attempting to do was

18

perform your duties as --

02:23 20

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Right.

Q.

-- required by the standards --

A.

Yes.

22

Q.

-- for internal auditors --

23

A.

Yes, sir.

24

Q.

-- and in accordance with applicable law?

21

02:23 25

Now, the -- the memo that is -- the
DepoTexas, Inc.

 Richard A. Patton

42

2

proceeding and that was from the board president to you

3

dated April 13th, 2016, purports to summarize what took

4

place in that meeting that you're referring to now?

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incident memorandum, rather, that is Exhibit 3 to this

5

A.

Right, right.

6

Q.

And when did that meeting occur again?

7

A.

November 9th, 2015, is when Mr. Rodriguez in

his incident memorandum stated that he discussed, what

9

was it, four specific concerns?
Okay.

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Q.

So this incident memorandum dated

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April 13th, 2016, this is Exhibit 3, which was issued by

12

the board president after you were placed on home duty,

13

purports to summarize the discussion that took place

14

with you in an executive session of the audit committee

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were Ms. Eastman and Mr. Rodriguez.
A.

18

Q.

02:24 20

21
22

Correct, and myself.
But from the board, there were just --

A.

Yes.

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Is that correct?

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on November 9th, 2015, where the only persons present

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02:24 15

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Q.

-- two board members?

A.

Correct.

Q.

And you've already stated that what

23

Mr. Rodriguez states in this April -- this memo, which

24

is Exhibit 3, is completely false in terms of what was

02:25 25

discussed?
DepoTexas, Inc.

 Richard A. Patton

43

A.

Correct.

2

Q.

Rather, what was discussed, as you're

explaining to mist -- Dr. Sarabia, is your memo to the

4

board of November 3, 2015, which is Exhibit 9 to

5

Exhibit 2 to this proceeding --

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3

6

A.

Right.

7

Q.

-- wherein, amongst other things, you

reiterated that you had made a report of violation of

9

law with respect to the manner in which the job order

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contracts were being divided -- or the --

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A.

Split.

12

Q.

-- the job orders were being split up by HISD

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procurement to come under $500,000?

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02:25

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A.

Actually CFS, but you're correct.

02:25 15

Q.

Okay.

16

A.

Now you're asking me -- construction field

21

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I was

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So you're absolutely correct.

caught off guard with the discussion of my November 3rd

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19

And C -- what does CFS stand for?

services.

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14

memo.

It's my right to inform the board, as auditor, of

my concerns, and I -- and I felt like the whole board

22

needed to see this as opposed to one member of the

23

board.

24
02:26 25

Q.

All right.

But that -- that -- that is all

that was discussed -DepoTexas, Inc.

 Richard A. Patton

44

Yes.

2

Q.

-- at this -- at that meeting?

3

A.

Yes.

4

Q.

All right.

5

A.

And I think Ms. Eastman will attest to that

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6

because there were -- I took detailed notes, and I have

7

them right here.

8

time where these things were discussed, the single audit

9

report.

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And I even have -- I even have the

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02:26

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02:26 10

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We talked about Jones High School and the
$1 million policy, the JOC issue.

12

compliments from Deloitte.

13

quality assurance review that gave me a great

14

evaluation, call it an audit of -- of my department.

We talked about the IIA

We

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We talked about the

talked about a few other things.

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02:26 15

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16

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And then we went into closed session at

17

the request of Mr. Rodriguez.

18

to make it clear, that was clear to me that this was

19

pressure intimidation to silence me in the future, and,

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02:27 20

And, like I said, I want

you know, I'm going to do what's right, and I did what's
right.

Q.

Did the board or the audit committee, with or

23

without Mr. Rodriguez in attendance, ever discuss any

24

performance concerns with you?

02:27 25

A.

No, never.
DepoTexas, Inc.

 Richard A. Patton

45
1

Do you -- do you believe that the -- well, how

2

were you notified of the board's decision to not renew

3

your contract?
A.

Gloria in HR notified me by letter.

We had a

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4

brief meeting, and she handed me a letter stating that I

6

was no longer -- my contract was no longer -Q.

Okay.

8

A.

-- renewed.

9

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current grievance?

12

HEARING OFFICER:
Exhibit 1 --

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13

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letter from Ms. Cavazos that is an exhibit to the

hr

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Now, that is a memo or a

14

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MR. FELDMAN:

02:28 15

Correct.

That's under

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02:27 10

MR. FELDMAN:

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02:27

Q.

Okay.
-- as one of the

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HEARING OFFICER:

attachments.

17

Q.

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Have you reviewed the

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(BY MR. FELDMAN)

minutes of the board meetings that took place from the

19

date that you were reinstated in early August of 2016 to

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the date that Ms. Cavazos gave you the memo of
August 31st?

22

A.

Yes, I have.

23

Q.

Have you also looked at the attendees as well

24
02:28 25

as the -- as the minutes?
A.

I've looked at the videos.
DepoTexas, Inc.

I looked at the

 Richard A. Patton

46
1

Q.

All right.

3

A.

-- and --

4

Q.

Was there any evidence of the board taking any

5
6
7

action with respect to the non-renewal of your contract?
A.

I see nothing documented in any of those areas

about my non-renewal.

8

And -- and, Dr. Sarabia, I

make a point of that because we have seen no evidence of

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02:29 10

MR. FELDMAN:

that, yet the memo from Ms. Cavazos is signed off on by

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02:28

agendas and the minutes --

the board president advising Mr. Patton that his

12

contract is not being renewed.

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13

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How was this

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02:29 15

like to see addressed in this grievance.

decision made because, in fact, Mr. Patton was never

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14

And -- and that's something that we would

informed of how the decision was made and we can find no

17

evidence whatsoever that the board of trustees ever

18

actually acted on that particular matter?

02:29 20

21

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Q.

(BY MR. FELDMAN)

So, Mr. Patton, given your

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work for the school district, obviously the -- well,
were you ever given any information as to the

22

investigation that was conducted at the request of the

23

board, the investigation which prompted you being placed

24

on home duty?

02:30 25

A.

No.

I've requested a copy of the
DepoTexas, Inc.

 Richard A. Patton

47
1

investigation results.

That took five months, and I

2

haven't gotten a thing.

I haven't received a thing.

3

know of no outcome.
And you say it took five months, meaning the

5

investigation took five months from the start from when

6

you -A.

I --

8

Q.

From when it began to when you got the

nie

I was on home duty for five months.

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11

A.

I assume

the investigation took some -- some of that period --

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02:30 10

results, five months had lapsed?

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Q.

Okay.

13

A.

-- and then I was asked to come back to work.

14

Q.

So you were never actually informed of the

17

Q.

19
02:30 20

21
22

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Correct.
And you did request a report of the

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investigation, and that was -- you were denied --

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results of the investigation?

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Q.

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Yes.

Q.

-- that request?

A.

Yes.

Q.

And that -- I want you to discuss briefly what

23

occurred in connection with you being placed on home

24

duty, because I think it has some relevance to the whole

02:31 25

issue of retaliation?
DepoTexas, Inc.

 Richard A. Patton

48
1

And that, of course, was the subject of

2

your first grievance.

3

document to refresh your recollection, please do so.

So if you need to look at that

4

A.

5

please.

6

Q.

You were placed on home duty per a memo --

7

A.

Right.

8

Q.

-- from Ms. Cavazos --

9

A.

Correct.

02:31 10

Q.

-- that was dated March 10, 2016, which is

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Exhibit A to Exhibit 2 to this proceeding.

12

per the direction of the board that you were placed on

13

home duty pending -- quote, "based on allegations of

14

misconduct and other performance concerns," close quote.

And it was

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A.

Right.

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Q.

Did anyone ever tell you what those

19
02:32 20

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performance concerns were?
About a month later, I received this incident

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15

report that's labeled performance issues --

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So, David, explain that again one more time,

Q.

Well, okay.

A.

-- that we addressed.

22

Q.

So you're -- you're just surmising --

23

A.

Yeah.

24

Q.

-- that Exhibit 3 from the board president

21

02:32 25

that you've already testified to is a lie?
DepoTexas, Inc.

 Richard A. Patton

49
1

A.

Right.

2

Q.

Relates to the performance concerns that

3

A.

Yes.

5

Q.

-- referenced in -- but that's just your

6

supposition.

7
8

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Did Ms. Cavazos herself -- and you met
with her a number of times.

Is that --

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02:32

are --

A.

I met with her --

02:32 10

Q.

-- correct?

11

A.

-- at two times, once when I was sent to home

hr

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9

duty and then once when I returned to home duty and

13

then -- three times, and then once --

of

17

Q.

21
22

Did she ever tell you what the result of the

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investigation was?
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No.

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concerns were?

16

18

Did she ever tell you what the performance

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02:32 15

Q.

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12

Q.

No.
Okay.

Did you have a meeting -- or were you

called into a meeting of the board on the day or -- that
you received this March 10 --

23

A.

Yes.

24

Q.

-- 2016, memorandum, which is part of

02:32 25

Exhibit 2?
DepoTexas, Inc.

 Richard A. Patton

50
1

Yes.

I was called in to a closed session for

2

the -- for the whole board on -- on March 10th.

3

that meeting -- there were two drivers in the whole

4

meeting, Ms. Skillern-Jones and Ms. Jolanda Jones.

5

don't think anybody else said a word.

I

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And in

Ms. Skillern-Jones was driving the point

7

that I had done two things.

8

employees, who was a administrative assistant, senior

9

executive -- I don't know what her title was, excuse me,

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but I moved her from ethics and compliance to be

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02:33 10

A, I had moved one of my

directly under me, and the reason I did that -- I

12

explained during that session -- was due to the fact

13

that our hotline was getting backlogged and we needed to

14

focus on that support, and that's the way I could

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supervise it.
Q.

Let me ask you this also in that connection.

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02:33

A.

Were you given any advanced notice that you were to

18

appear before the board on March 10th, 2016?

02:33 20

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Q.

No.

I was completely surprised.

Okay.

And -- and did Ms. Cavazos herself

contact you initially to tell you that you might be
called upon by the board?

23

A.

No.

24

Q.

So you received no advance notice whatsoever?

02:34 25

A.

No advance notice.
DepoTexas, Inc.

 Richard A. Patton

51
1
2

How were you told to go into that board

meeting?

3

HEARING OFFICER:

4

MR. PATTON:

5

MR. FELDMAN:
A.

Thank you.

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30-minute notice.

Thank you.

What happened was Ms. Davila, Board Member

7

Davila, apparently contacted my executive secretary and

8

says they want me down in closed session.

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02:34

Q.

9

Q.

(BY MR. FELDMAN)

02:34 10

A.

So I went down to closed session asking for

Da

nie

Okay.

Ms. Davila, thinking that's what the topic was.

12

She had already gone, and I'm there to meet the whole

13

board.

14

that time.

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Q.

24
02:35 25

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-- your appearance at that executive session?
You were -- you were stating that the --

the only board members who -- who said anything --

22
23

Yes.

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18

21

This letter being the memo of March 10th that

Ms. Cavazos gave you after -A.

02:34 20

They asked me to --

ffic

Q.

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And that's when -- this letter didn't exist at

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No.

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(Phone call interruption)
MR. FELDMAN:

Q.

(BY MR. FELDMAN)

Excuse me.

I'm sorry --

-- who said anything during

the course of that executive session were
Ms. Skillern-Jones and Jolanda Jones?
DepoTexas, Inc.

 Richard A. Patton

52

Yes.

2

Q.

And just state in summary fashion --

3

A.

Okay.

4

Q.

-- what were the topics that the two of them

5

raised?

6

A.

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A.

The topic was -- was the movement of one

7

secretary from one of my departments to another one of

8

my departments.

9

she has three or four documents in her possession that

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The second topic and the big topic was

she kept referring to.

Da

02:35 10

Q.

She being?

12

A.

Ms. Skillern-Jones.

13

Q.

Okay.

14

A.

And I asked for a copy of the documents.

hr

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got a copy of the documents.

I

These were scanned

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02:35 15

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11

documents that I had my assistant scan over a period of

17

like two, maybe three years for sure, and those were

18

personal documents.

02:35 20

21

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02:35

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And when I say "personal," I don't mean

inappropriate documents.

I mean just personal business.

I'm not running a business.

When -- when this

22

discussion first started -- I want to clarify this --

23

with the board, I was asked am I running a business?

24

I -- do I have Cherie assisting me with my business?

02:36 25

No, I don't have a business.
DepoTexas, Inc.

Do

 Richard A. Patton

53
1
2

personal business.

3

documents, and, yes, I asked her to scan them.

4

Basically what's the big deal?"

6

Q.

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And I said, "Yes, these are my

And is there a board policy that permits some

minimal use -A.

Yes.

8

Q.

-- of district technology for personal

Yes.

Policy CQ strictly allows for personal

use of equipment.

12

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11

A.

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02:36 10

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purposes?

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7

And were you told during this executive

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Q.

session by Ms. Skillern-Jones or Jolanda Jones that you

14

were -- you were going to be placed under

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investigation -A.

17

Q.

02:36 20

21
22

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over a period of several years?

fic

19

A.

02:37 25

No.

I thought this was a Q and A session, and

they asked me to leave the room.

I left the room.

And

there was a board meeting that night and the board
meeting had started.

23
24

-- for the scanning of three to four documents

Un
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No.

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16

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02:36 15

of

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02:36

Then it became clear she's talking about

I could hear it.

And so I was wondering, "Am I left here
alone?"
"No.

And then Gloria came to my rescue and said,

The board is still considering."
DepoTexas, Inc.

Actually --

 Richard A. Patton

54

Q.

Gloria is Ms. Cavazos?

2

A.

Yes.

3

Q.

All right.

Ms. Cavazos.

Sorry.

So after this executive session

that you were called into without any prior notice where

5

you were questioned by Skillern-Jones and Jolanda Jones

6

regarding those two matters, you received -- Ms. Cavazos

7

gave you this memo of March 2 -- 10th, 2016, placing you

8

on home duty, quote, "based on allegations of misconduct

9

and other performance concerns."

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02:37 10

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Again, did Ms. Cavazos ever review with
you what the allegations of misconduct or the

12

performance concerns were?

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11

13

A.

No.

14

Q.

Okay.

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Now, how long -- how much time elapsed

between when you received -- when you appeared in that

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02:37 15

No one has ever done that.

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02:37

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executive session and you received this memo from

17

Ms. Cavazos of March 10 --

02:38 20

21

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Well --

Q.

-- which is also signed off on by the board

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A.

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president?
A.

Okay.

If I understand the question correctly,

22

the -- this executive session occurred midday,

23

midafternoon on March 10th.

24

memo that evening I'm guessing around 5:30 or

02:38 25

Ms. Cavazos gave me this

6:00 o'clock.
DepoTexas, Inc.

 Richard A. Patton

55
1

Q.

So are we talking about a couple of hours?

2

A.

A couple of hours.

3

Q.

So you don't have any idea actually when this

02:38

memo was prepared, March 10th?

And perhaps --

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5

A.

No, I --

6

Q.

-- Ms. Cavazos can tell us when this was

7

prepared.

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in advance of the executive session --

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9

But you don't know whether it was prepared

A.

No, I don't know.

11

Q.

-- or after the executive session?

12

A.

No, I don't.

13

Q.

All right.

14

A.

So let me continue my points unless you've got

17

A.

02:38 20

21

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No.

Go ahead.

No.

Those were good.

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So per the policy -- I think I left off

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19

with pressure intimidation of Mr. Rodriguez that I --

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Q.

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16

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some more questions.

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02:38 15

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02:38 10

that I felt like silenced.
Per the policy, I filed a grievance in

22

June 2016 to protect my rights.

23

to CA duties on August 3rd.

24

August 3rd but with severe restrictions of my normal

02:39 25

I was then reassigned

I was reassigned duties on

duties and to the whole team.
DepoTexas, Inc.

 Richard A. Patton

56

Q.

Okay.

2

A.

Okay.

3

Q.

-- in some detail.

4

A.

Those restrictions basically said that I

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Describe those restrictions --

5

really can't do anything without the, quote, "whole

6

board's approval."

7

because the whole board can't -- the whole board can't

8

convene by email.

nie

The whole board can only convene by a
board session that's public and -- and you have dual

Da

02:39 10

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9

Well, that's basically impossible

11

notice and all this.

12

tracks, and that included investigations.

13

audit projects.

is 

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It included

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14

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Now, granted, we have an audit plan that
was previously approved by the board, and those were

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02:39 15

So it just stopped me in my

of

02:39

1

marching orders and we were completing those plans, but

17

things happen.

02:39 20

21
22

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pop up.

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Risks change.

And investigations pop up.

Allegations

I had to go to the board -- the whole board to

get approval.
Q.

Things change.

Excuse me.

That's just nonsense.

Were you able to perform your -- when they

returned you to active duty in early August of 2016 --

23

A.

Right.

24

Q.

-- were you able to perform your job as you

02:40 25

were able to perform it prior to being placed on home
DepoTexas, Inc.

 Richard A. Patton

57
1
2

A.

No.

3

Q.

And you've identified one of the changes being

There were big changes.

that you could only conduct an audit if the entire board

5

approved it.

6

A.

Correct.

7

Q.

What about hotline complaints?

Is that correct?

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4

Did that fall

8

within the same ambit?

9

not permitted to investigate a hotline complaint unless

A.

Yes.

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11

the entire board agreed?

The language in the memo was vague, and

is 

02:40 10

In other words, you -- you were

hr

02:40

duty?

it strictly -- and I looked at this as a way to -- to

13

terminate me for cause.

14

to a T.

02:40 15

Q.

What -- now, what letter are you referring to?

16

A.

This is -- this is -- is that part of the

02:40 20

21
22
23
24
02:41 25

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So I had to follow that letter

I don't think it's in here.

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I don't know.

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19

Q.

Okay.

A.

I don't think I have that, but there was a

fic

18

grievance?

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12

return of duty letter.

Maybe it is.

Q.

I think it is.

A.

Yeah.

I'm sorry.

I don't have a copy right

here with me, but it's in -- it's in this.
Q.

Here.
MR. PATTON:

Sorry, guys.

DepoTexas, Inc.

 Richard A. Patton

58
1

No. 1 --

3

MR. PATTON:

4

HEARING OFFICER:

Thank you.
-- the memorandum, if

5

you're referring to return to office duty August 2nd,

6

2016.

7

(BY MR. FELDMAN)

pointing out that it's -A.

Yes.

11

Q.

-- Exhibit C.

12

A.

Okay.

hr

of

A.

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18

(BY MR. FELDMAN)

Q.

There we go.

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Office duty.

A.

Yeah.

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Q.

August 2nd, 2016.

Do you have that?

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17

And so that's a memo

 O

HEARING OFFICER:

A.

21

Okay.

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ffic

dated when?

16

02:41 20

Thank you.

MR. FELDMAN:

02:41 15

19

Yes.

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13
14

It -- Dr. Sarabia is

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02:41 10

No.

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9

Q.

Oh, Exhibit 2, I think.

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8

MR. PATTON:

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02:41

It's Exhibit C under

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2

HEARING OFFICER:

Yes.

Let me explain the wording used in here.

It said I have to take direction from the Board of

22

Education as a whole.

23

administration or the board or the committee shall have

24

the authority to direct any of my work or require a

02:42 25

No individual member of the

report.
DepoTexas, Inc.

 Richard A. Patton

59
1

So, in other words, if -- if a citizen made a

hotline complaint -- or if anybody made a hotline

3

complaint complaining, for example, of board member --

4

alleged board member misconduct, it was your

5

understanding, based on this memo, that you then had to

6

go to the entire board --

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2

A.

Yes.

8

Q.

-- to have approval to investigate that?

9

A.

That was very clearly stated in the memo.

nie

They used the word "work activities."

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02:42 10

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7

If they had said

"audit projects," that would have been one meeting, but

12

they said "work activities."

hr

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02:42

Q.

13

of

e 

We handle allegations.

We handle, obviously,

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02:43 15

line.

audit plan, and the -- and that's approved by the audit

 O

14

We handle investigations through the alert

16

committee.

17

that -- that would require approval from the audit --

02:43 20

21

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Okay.

A.

Excuse me.

fic

19

Q.

Un
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We even have special requests that come up

Q.

From the board.

In your previous work prior to being placed --

being placed on home duty, was there a similar

22

restriction in terms of your ability to investigate or

23

audit hotline complaints?

24
02:43 25

A.

No.

We used complete professional freedom,

which is -DepoTexas, Inc.

 Richard A. Patton

60
1

Q.

Which is --

2

A.

-- standard.

3

Q.

-- really part of the international audit

A.

Correct.

6

Q.

Is that correct?

7

A.

Correct.

8

Q.

And what's the purpose of the hotline?

9

A.

The purpose of the hotline is to -- is to

14
02:43 15

16

nie

Da

hr

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What does the hotline enable

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people to do?

To complain anonymously or in their own name

of

A.

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13

Wait, wait.

concerns about the board, concerns about the district,

ffic

12

Q.

concerns about vendors.

It's open -- open access.

 O

11

evaluate alleged --

Q.

So, for example, had there been -- was there a

op
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02:43 10

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5

hotline complaint regarding the residency of Ms. Davila,

18

a new board member --

02:44 20

21

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A.

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standards?

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Yes.

Q.

-- prior to you being placed on home duty?

A.

Yes.

There were -- there were several

22

allegations against board members two, three weeks prior

23

to my submission --

24
02:44 25

Q.

Okay.

I want to focus on that one in

particular.
DepoTexas, Inc.

 Richard A. Patton

61
1

A.

Okay.

2

Q.

And -- and as a result of that hotline

3
4

A.

Correct.

5

Q.

And was that matter then, in turn, raised with

6

the district attorney's office?

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02:44

complaint, you -- you commenced a -- an investigation?

A.

It was ultimately, yes.

8

Q.

And the board was aware of that?

9

A.

Apparently they were.

02:44 10

Q.

Okay.

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7

So did -- based on your

Da

All right.

over 30 years experience as an auditor, did you consider

12

the restrictions upon your work that were set forth in

13

the memo, which is your return to work memo, as being

14

such that it effectively precluded you from performing

hr

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A.

18

Q.

02:45 20

21

This is a direct conflict with --

A.

-- with -- with the existing charter that's in

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Okay.

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Absolutely.

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17

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standards?

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your work in accordance with international auditing

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02:45 15

is 

11

written form approved by the board, and it's also in
conflict with --

22

Q.

All right.

23

A.

-- professional standards.

24

Q.

Nevertheless, did you do everything within

02:45 25

your power to comply with the restrictions set forth in
DepoTexas, Inc.

 Richard A. Patton

62
1
2

A.

Yes.

I was only -- I was only back to work

3

for two, three weeks.

4

managers, and I explained to them the significance of

5

this memo.

6

letters from legal stating stop and decease certain

7

investigations.

They reiterated to me they had received

8

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from me.

All the projects that she was doing on my

nie

02:46 10

My ethics and compliance group was moved

behalf, because we had constraints, were on hold.

Da

9

And in that time, I met with

ist
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02:45

the return to office duty memo?

I

never got those projects back, and then I was obviously

12

dismissed.

hr
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All right.

When -- when you are referring to

e 

14

Q.

managers, you're talking about your audit --

ffic

13

is 

11

A.

Yes, my audit -- my audit team.

16

Q.

Your audit team?

17

A.

op
y

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02:46 15

They have a copy of this because I was

 C

Yes.

being held accountable for the department, and I wanted

19

them to understand what this really meant.

21

fic

Un
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02:46 20

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18

I did not

want to have a dismissal for cause.
Q.

And during the course of your employment as

22

the chief audit executive prior to being placed on home

23

duty, did you at all times comply with the directives

24

that you received from the -- from the school board?

02:46 25

A.

Yes.

I had little directive from the school
DepoTexas, Inc.

 Richard A. Patton

63
1

board other than complete the audit plan and using my

2

professional judgment, but in every case I followed

3

the -- the work given to me.
And the pressure that you referred to earlier

that was being placed upon you, did -- did that pressure

6

and retaliation, if you will, commence only after you

7

had performed your audit with respect to job order

8

contracts and made a report of violation of law to law

9

enforcement regarding that?
Exactly.

nie

A.

That timeframe is -- is when I want

Da

02:47 10

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5

to say things hit the fan, and I knew life was going to

12

be difficult.

13

to take a step because of the pressure put on me and

14

this memo.

hr

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They -- they didn't want to take a stand for

anything.

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16

And my whole team, by the way, is scared

Q.

Okay.

op
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02:47 15

is 

11

When -- when you say "this memo," we've

got to be sure we -- we know what we're referring to

18

because this is a record that we're making.

20
21
22
23

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17

A.

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02:47

Q.

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Okay.

Q.

All right?

A.

Okay.

Q.

All right.

Now, I'm -- I'm talking to you

about prior to being placed on home duty.

24

A.

Yes, prior to.

02:47 25

Q.

All right.

Okay?

Okay.

And -- and the -- what you've
DepoTexas, Inc.

 Richard A. Patton

64

stated -- and I just want to make sure that we all

2

understand.

3

relationship with the board did not begin to change in a

4

negative manner until after you had conducted an audit

5

and made a report to law enforcement regarding what you

6

in good faith believed to be a violation of law on the

7

way the job order contracts were being split up or the

8

job orders were being split up under those contracts.

9

Am I correct?

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What you're stating is that your

nie

02:48

1

A.

Correct.

11

Q.

Okay.

12

A.

That was the job order contract report that I

02:48 15

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Q.

And why do you believe the -- the board of

ffic

14

was referring to.

trustees, if they did act in this -- in this matter -- I

 O

13

Da

02:48 10

still haven't seen evidence of it.

17

in this matter -- we know that you weren't renewed.

18

do you believe your contract was not renewed?

02:48 20

21
22

But if they did act

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Why

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A.

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I have no -- no understanding why my contract

was not renewed.
Q.

Well, do you -- do you believe that the fact

that you reported violations --

23

A.

Well, certain --

24

Q.

-- of law --

02:49 25

A.

Certainly.

That's stated well in my
DepoTexas, Inc.

 Richard A. Patton

65

grievance, that -- that I believe wholeheartedly that as

2

a result of that reporting to law enforcement and then

3

my cooperation with other law enforcement known as the

4

FBI, hell broke loose.

5

happened.
Q.

All right.

7

MR. FELDMAN:

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present at this time, Dr. Sarabia.

9

nie

Okay.

We're right at

15 minutes left in case you want to use those at the

Da

11

HEARING OFFICER:

end.

is 

02:49 10

And that's all we have to

12

hr

8

That's what

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Excuse me.

Ms. Skagerberg, you may make your

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Okay.

presentation, and you will be allotted the same time as

14

the employee --

of

13

ffic

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02:49

1

15

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MS. SKAGERBERG:

16
17

op
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HEARING OFFICER:

18

presenting Ms. Cavazos.

20
21

-- 60 minutes.

fic

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And I'm going to begin by

GLORIA CAVAZOS WAS PRESENTED AS A WITNESS

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19

MS. SKAGERBERG:

Thank you.

EXAMINATION (2:49 p.m.)

QUESTIONS BY MS. SKAGERBERG:

22

Q.

Ms. Cavazos, what is your role with HISD?

23

A.

I am the chief human resource officer for

24
02:49 25

HISD.
Q.

How long have you been the chief human
DepoTexas, Inc.

 Richard A. Patton

66
1

A.

In HISD, a year and a half.

3

Q.

What did you do before that?

4

A.

Prior to that, I was the assistant

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2

5

superintendent of human resources in the Aldine School

6

District for 10 years.

7

teacher, assistant principal, a principal and an area

8

superintendent, all in the Aldine Independent School

9

District.

12

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As the chief human resource officer for HISD,

is 

what's your job?

hr

11

Q.

So this is my 32nd year in education.

A.

So I oversee several departments.

 C

02:50 10

And prior to that, I was a

the compensation department.

14

relations.

e 

I oversee employee

I oversee talent acquisition and onboarding.

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02:50 15

of

13

I oversee

I oversee human resources business operations.

 O

02:50

resource officer?

16

op
y

In addition to HR, I oversee the

leadership department, hiring of assistant principals

18

and principals, and I also oversee the communications

19

department.

21
22

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02:50 20

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17

Q.

A lot of departments?

A.

A lot of departments.

Q.

In terms of making decisions about who to

23

hire, who to fire, how -- how many people you need on

24

staff and who those people should be, what's your role

02:50 25

there for the district?
DepoTexas, Inc.

 Richard A. Patton

67
1

So every department has hiring managers,

2

directors or assistant superintendents or officers that

3

directly hire for their department.

4

as me being directly involved in hiring, it's mainly at

5

a cabinet level position, which are the direct reports

6

to the superintendent.

7

interview and screen applicants for those positions.

11
12

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your recollection as well?

nie

two times while you were both employed by HISD.

Da

02:51 10

Now, Mr. Patton mentioned that he met with you

A.

It was either two or three.

is 

9

Q.

Is that

It may have been

hr

8

My direct -- as far

And in that capacity, I do help

three.

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02:51

A.

13

It was three.

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MR. PATTON:
A.

I think it was three.

02:51 15

Q.

(BY MS. SKAGERBERG)

And that would have been

 O

ffic

14

when he was assigned to home duty, reassigned to office

17

duty and then when his contract was not renewed?

02:51 20

21
22
23
24
02:51 25

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Correct.

Q.

Okay.

fic

19

A.

In terms of Mr. Patton's hiring by HISD

Un
of

18

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16

when he initially came on board with the district, did
you have any role in that?
A.

No.

I was -- I was not in the district at

that time.
Q.

In terms of Mr. Patton's assignment to home

duty in March of 2016, did you have any role in deciding
DepoTexas, Inc.

 Richard A. Patton

68

that Mr. Patton should be assigned to home duty as

2

opposed to office duty?
A.

No.

4

Q.

Did you have a role in informing him that he

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3

5

was going to be assigned to home duty and facilitating

6

that part of the process?
A.

Yes.

8

Q.

In terms of Mr. Patton being reassigned to

nie

02:52 10

office duty in August of 2016, did you have any role in
deciding that he should be returned to office duty?

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7

A.

No.

12

Q.

But did you have a role in facilitating his

hr

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return to the office?

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13

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11

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02:52

1

A.

Yes.

02:52 15

Q.

And in terms of Mr. Patton's contract not

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14

being renewed for the 2016-2017 academic year, did you

17

have any role in making the decision not to renew his

18

contract?

02:52 20

21
22

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A.

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19

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16

Q.

No.
But did you have a role in informing him that

his contract had expired and he was not being offered a
new contract?

23

A.

Yes.

24

Q.

Now, let's start by looking at Mr. Patton's

02:53 25

2015 to 2016 contract.
DepoTexas, Inc.

 Richard A. Patton

69
1
2

this as an exhibit.

If we could please mark

I think that will be No. 5.

3

(Exhibit 5 marked.)

4

MS. SKAGERBERG:

6

Q.

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5

Thank you, Mr. Patton.

(BY MS. SKAGERBERG)

I'm going to give you

this copy to look at.
A.

Okay.

8

Q.

And we can pass that one down to Dr. Sarabia

if he'd like to follow along.

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9
02:53 10

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HEARING OFFICER:

11

is 

hr

Q.

(BY MS. SKAGERBERG)

2015-2016 contract.

Sure.
Now, this is Mr. Patton's

Correct?

of

13

MS. SKAGERBERG:

Thank you.

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02:53

MS. SKAGERBERG:

A.

Correct.

02:53 15

Q.

And if you look on the last page, it looks

 O

A.

18

Q.

02:53 20

21
22

fic

Did you have any involvement with drafting

this contract, discussing the terms of it with -- with

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19

Correct.

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17

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like it was signed on October 19th of 2015?

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16

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14

Mr. Patton, anything like that?
A.

No, I did not.

Q.

Looking on the first page, it says it's a

23

Non-Certified Administrator Performance Contract.

24

Correct?

02:53 25

A.

Correct.
DepoTexas, Inc.

 Richard A. Patton

70

Q.

What does "non-certified administrator" mean?

2

A.

So this contract is not a Chapter 21 contract.

3

It does not fall within the regulations of us having to

4

offer Mr. Patton a Chapter 21 contract.

5

contract is issued to classroom teachers, to principals,

6

to librarians, to counselors, to nurses, but this is a

7

certified -- non-certified administrator's performance

8

contract that is for one year.

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Q.

And so Mr. Patton, of course, was not a

teacher or a nurse or --

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02:54 10

A Chapter 21

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9

A.

Correct.

12

Q.

-- a librarian?

13

A.

Correct.

14

Q.

Now, under this contract, if you would look at

A.

18

Q.

02:54 20

hr

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of

Okay.
Did this contract provide a mechanism for HISD

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17

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No. 11.

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16

We're going to look at Paragraph

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Page 2, please.

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02:54 15

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11

to terminate Mr. Patton for cause --

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02:54

1

A.

Yes.

Q.

-- under certain circumstances?

22

A.

Sure, yes.

23

Q.

And did HISD terminate Mr. Patton for cause at

21

24
02:54 25

any point?
A.

No.
DepoTexas, Inc.

 Richard A. Patton

71
1

Looking at Paragraph No. 12, did this contract

2

provide a mechanism for HISD to terminate Mr. Patton for

3

no cause?
A.

Yes.

5

Q.

And was Mr. Patton terminated for no cause at

6

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4

any point?
A.

No.

8

Q.

Now, I'd like to look at Paragraph No. 14 next

carefully.

nie

02:55 10

so that we can understand this paragraph a little more
The first sentence says, "It is understood

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7

and agreed by the parties that the provisions in

12

Chapter 21 of the Texas Education Code related to

13

renewals and non-renewals are not applicable to the

14

administrator's employment or this contract."

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02:54

Q.

02:55 15

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that.

02:55 25

MR. FELDMAN:

We --

-- contract.
MR. FELDMAN:

We -- we can stipulate to

It's not covered by Chapter 21.

A.

23
24

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non-Chapter 21 --

18
19

Basically what I stated earlier, this is a

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A.

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16

What does that mean?

And it's not a Chapter 21 contract.
MR. FELDMAN:

Q.

We can --

(BY MS. SKAGERBERG)

And so Chapter 21 doesn't

apply to the terms of Mr. Patton's -DepoTexas, Inc.

 Richard A. Patton

72

Correct.

2

Q.

-- engagement with HISD?

3

A.

Correct.

4

Q.

The next sentence says, "It is understood and

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A.

agreed by the parties that in consideration for

6

receiving additional compensation, the administrator

7

waives any claims to any rights administrator might have

8

to challenge the non-renewal and agrees that upon

9

receiving notice of non-renewal, administrator will not

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12

02:56 15

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of

sentence of Paragraph 14?

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14

What is your understanding of that

A.

Strictly that there -- he doesn't have rights

to do that.

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13

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judicial forum."

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11

challenge such decision in any administrative or

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02:55 10

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02:55

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16

op
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MR. FELDMAN:

I know there's no objections

in this proceeding, but there is something called a rule

18

of completeness.

19

paragraph because it requires consideration be given in

21
22

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And that's just a portion of the

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02:56 20

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17

order for that to apply, and no such consideration was
given.

The entire paragraph should be read as a whole.
MS. SKAGERBERG:

And, Dr. Sarabia, perhaps

23

I misunderstood your -- your introduction, but it was my

24

understanding that both parties would be able to present

02:56 25

their presentation of the case and of the facts without
DepoTexas, Inc.

 Richard A. Patton

73
1

interruption of objections.

2

HEARING OFFICER:

That's correct.

If you

could make note, and in the last 15 minutes put those

4

into the record --

5

MR. FELDMAN:

6

HEARING OFFICER:

7

MR. FELDMAN:

8

HEARING OFFICER:

l D

(BY MS. SKAGERBERG)

read sentence --

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(BY MS. SKAGERBERG)

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Q.

It --

22

Here you go.

We've read Sentence No. 1

Let's look at Sentence No. 3.

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18

Yes.

Thank you.

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MR. FELDMAN:

and Sentence No. 2.

21

Do you have a -- do you have

MS. SKAGERBERG:

17

02:56 20

Now, Ms. Cavazos, we've

an extra copy of that, by the way?

02:56 15

19

Thank

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MR. FELDMAN:

14

16

-- like that.

nie

Q.

12
13

-- any comment --

Thank you.

Da

11

All right.

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02:56 10

you.

hr

9

ist
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3

Q.

MR. FELDMAN:

Which paragraph?

MS. SKAGERBERG:
HEARING OFFICER:
(BY MS. SKAGERBERG)

14.
Page 2.
"This contract shall not

23

grant or create any contractual expectancy of continued

24

employment or claims of entitlement beyond the term of

02:57 25

this contract."
DepoTexas, Inc.

 Richard A. Patton

74
1

3

A.

This is a one-year contract, and you cannot

expect to continue unless it is --

4
5
6
7

A.

I'm sorry.

Unless --

-- unless it's cont -- unless it's --

somebody's given you -- they renew your contract.
Q.

(BY MS. SKAGERBERG)

Now, is that consistent

with other HISD policies, that employment within the

9

district is not guaranteed but it's dependent on

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employee performance, budget and need?

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02:57 10

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A.

Yes.

12

Q.

What was the term of this 2015-2016 contract?

13

A.

The term of this contract was a one-year

18
19
02:58 20

21
22
23
24
02:58 25

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And is that the HISD school year for purposes

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17

Q.

of budgeting and one-year contracts?
A.

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16

contract expired on August 31st of 2016.

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02:57 15

contract and it expired -- the -- the term -- the

Yes.

Q.

Now, Mr. Patton was not offered a contract for

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14

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11

Un
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02:57

THE REPORTER:

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2

What does that mean?

the 2016-2017 school year.
A.

Correct.

Correct?

The -- the contract expired on its

own terms.
Q.

And you informed him that his contract had

expired on August 31st of 2016?
A.

I need to probably look at that -DepoTexas, Inc.

 Richard A. Patton

75

Q.

Sure.

2

A.

-- date.

3

Q.

And I believe this is within Exhibit No. 1,

but we're going to mark a separate copy as Exhibit

5

No. 6 --

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6

A.

That is correct, August 31st.

7

Q.

-- to make it a little easier to flip through.
(Exhibit 6 marked.)

9

MR. FELDMAN:

12

Da

MS. SKAGERBERG:
(BY MS. SKAGERBERG)

is 

Q.

Thank you, sir.
Now, is this the memo

hr

11

What is 6?

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02:58 10

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that you gave Mr. Patton on August 31st --

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02:58

1

A.

Yes.

14

Q.

-- 2016?

02:58 15

A.

Yes, it is.

16

Q.

And it's the notification that his contract

02:58 20

21

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Correct?

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19

A.

Correct.

Q.

And that there was not a 2016-2017 contract.

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18

expired that day.

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17

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13

Correct?
A.

Correct.

22

Q.

How did you know to give Mr. Patton this memo?

23

A.

Let me make sure I understand this memo.

24
02:59 25

So

when the contract was not renewed and it expired on
August 31st, then it generates a memo that there's not a
DepoTexas, Inc.

 Richard A. Patton

76
1
2
3

Q.

So is this something that's happened more than

once in your year and a half at HISD?
A.

Yes.

5

Q.

Now, it's my understanding that HISD employs

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4

6

more than 29,000 full and part-time employees.

7

correct?

Is that

A.

Correct.

9

Q.

Was Mr. Patton the only employee who did not

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receive a contract for the 2016-2017 school year?

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02:59 10

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8

A.

No.

12

Q.

Did Mr. Patton ask you why he was not

16
17

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I don't believe that we had that conversation.

I believe I just issued him the memo, if I'm not

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03:00 15

A.

mistaken.

op
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14

receiving a 2016-2017 contract?

Q.

To the best of your knowledge, had anyone told

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13

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11

Mr. Patton that his contract would be renewed or he

19

would receive a 2016-2017 contract?

03:00 20

21

fic

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18

Un
of

02:59

contract for the following school year.

A.

I'm not aware of anyone telling him that.

Q.

So earlier today Mr. Patton said something.

22

I -- I believe he said, "Gloria stated my contract was

23

no longer renewed."

24

contract ever renewed beyond August 31st, 2016?

03:00 25

A.

As far as you know, was his

No.
DepoTexas, Inc.

 Richard A. Patton

77
1
2

Now, are you aware of any concerns with

Mr. Patton's job performance?

3

A.

No.

4

Q.

There's an exhibit.

It's Exhibit No. 3, and

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03:01

Q.

5

this is the April 13th incident memorandum.

6

"Re: Performance issues."

It says

Do you see that?

A.

Uh-huh, I do.

8

Q.

And are you familiar with this memo?

9

A.

No.

03:01 10

Q.

This is from the board president to

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Correct?

is 

Mr. Patton.

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7

A.

Correct.

13

Q.

And -- and so you cannot speak to the board

of

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issues to Mr. Patton?
A.

17

Q.

No, I cannot.
And you cannot speak to Mr. Patton's rebuttal

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16

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03:01 15

president's perspective in presenting these performance

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12

of those issues or his argument that those issues are

19

not correctly framed?

21
22

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18

A.

No, I cannot.

Q.

When Mr. Patton was assigned to home duty in

March of 2016, did his job title change?

23

A.

No.

24

Q.

Did his pay change?

03:01 25

A.

No, it did not.
DepoTexas, Inc.

 Richard A. Patton

78
1
2

Was he paid for the time that he was assigned

to home duty and not coming into the office?
A.

Yes.

4

Q.

And then when he returned to the office in

5

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3

August of 2016, did his job title change?
A.

No.

7

Q.

Did his pay change?

8

A.

No.

9

Q.

When Mr. Patton returned to office duty, was

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he given a memo of the terms of his return to work?

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03:02 10

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6

A.

I'd need to see the other memo.

12

Q.

Sure.

 O

put another sticker on here?

21
22
23

op
y

(Exhibit 7 marked.)

ial

Yes, he was.

Q.

(BY MS. SKAGERBERG)

fic

A.

Un
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03:02 20

Thank you, sir.

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17

19

Can I ask you to please

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MS. SKAGERBERG:

16

18

hr

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this as Exhibit No. 7.

14
03:02 15

I do, and we'll -- we're going to mark

of

13

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11

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03:02

Q.

And this is a memo that

you gave to him?
A.

Yes.

Q.

Are you the person who -- who wrote what the

terms were --

24

A.

No.

03:02 25

Q.

-- in his return -DepoTexas, Inc.

 Richard A. Patton

79
1

A.

It came from the board president.

2

Q.

Did Mr. Patton express any questions or

3

A.

Not that I can -- not that I can remember.

5

Q.

Now, I'm going to hand you Exhibit No. 8.

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4

And

6

this is an email from Mr. Patton to yourself and Elneita

7

Hutchins-Taylor.

(Exhibit 8 marked.)

9

MS. SKAGERBERG:
(BY MS. SKAGERBERG)

Da

Q.

this email from Mr. Patton?

12

I do, yes.

 C

A.

MR. FELDMAN:

14

MS. SKAGERBERG:

ffic

03:03 15

And this email was sent

ial

That's correct.

Q.

And in this email, did Mr. Patton express some

fic

A.

Correct?

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his first day back on office duty.

Un
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19

22

8.

8.

(BY MS. SKAGERBERG)

op
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Q.

18

21

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MR. PATTON:

16

03:03 20

Now, what number is this?

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17

Do you remember getting

is 

11

Thank you.

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03:03 10

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8

hr

03:03

concerns about the terms of this return to work to you?

either concerns about the return to work memorandum or
some questions about what it meant or how to comply with
it?

23

A.

He -- he did have concerns, yes.

24

Q.

Did you respond to this email that you recall?

03:03 25

A.

I did not.

Legal responded to this email.
DepoTexas, Inc.

 Richard A. Patton

80
1

Q.

And I'm going to mark the email from

2

Ms. Hutchins-Taylor back to Mr. Patton, copying you, as

3

Exhibit No. 9.

4

6

Q.

(BY MS. SKAGERBERG)

this email?

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5

Do you remember receiving

A.

I do, yes.

8

Q.

And under Paragraph No. 1, where

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03:04 10

Ms. Hutchins-Taylor is addressing the concerns that
Mr. Patton raised, she wrote, "We are aware of

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7

documented instances in which confidential student and

12

employee information has been released by the Internal

13

Audit Department in a manner that could violate the

14

legal requirements."

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03:04

(Exhibit 9 marked.)

03:04 15

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Is maintaining confidential student and

employee information properly and appropriately

17

something that's important to HISD?

03:04 20

21

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Yes.

Q.

Is it a problem if confidential student and

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employee information is improperly released or released
when it shouldn't be?

22

A.

Yes, absolutely.

23

Q.

Under Paragraph No. 2, Ms. Hutchins-Taylor

24
03:05 25

wrote, "The board is currently in the process of
reevaluating its organizational structure as it relates
DepoTexas, Inc.

 Richard A. Patton

81
1

to various matters, including internal audit reporting

2

and oversight."

3

its organizational structure as it relates to various

5

matters in August of 2016?

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4

6

A.

I believe, yes, they were.

7

Q.

Were there changes made to reporting

8

structures, for example?

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03:05

Was the board in the process of evaluating

A.

Yes, there were.

03:05 10

Q.

Were there changes made to policies and

Da

is 

procedures?

hr

11

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9

A.

Yes.

13

Q.

Did that affect employees other than

of

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Mr. Patton?

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14

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12

A.

Yes.

16

Q.

Now, if you would look at Question No. 7 on

op
y

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03:05 15

that same email, the response says, "The return to

18

office duty memo provides that you should coordinate

19

with the Office of Legal Services or board counsel

21

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17

before making statements about or conclusions of law in
a report."

22

Do you know if there were concerns about

23

Mr. Patton's or his department's statements about or

24

conclusions of law in reports that his department

03:06 25

issued?
DepoTexas, Inc.

 Richard A. Patton

82
1

I doubt it.

that.

3

Q.

Thank you very much, Ms. Cavazos.

4

MS. SKAGERBERG:

And separate from our

5

presentation of Ms. Cavazos, there are a few other

6

documents that I'd like to bring to your attention,

7

Dr. Sarabia.
HEARING OFFICER:

9

MS. SKAGERBERG:

nie

These relate to

Mr. Patton's allegation that his assignment to home duty

Da

03:07 10

Okay.

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8

and later the non-renewal of his contract was

12

retaliation for a report that he made to law

13

enforcement.

14

And I'm not sure if that's a standalone exhibit

yet.

17

03:07 20

21
22
23
24
03:07 25

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I think it is.

MS. SKAGERBERG:

I -- I think it's

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19

MR. FELDMAN:

contained within Exhibit No. 2.

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of
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memo.

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16

He's mentioned the November 3rd, 2015,

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03:07 15

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03:06

I don't have -- I didn't know

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A.

And this was the

November 3rd memo.
MR. FELDMAN:

Right.

MS. SKAGERBERG:

Okay.

I'm going to go

ahead and mark this so we have a standalone copy.
MR. FELDMAN:

All right.

MS. SKAGERBERG:

And I'll pass it to you,

DepoTexas, Inc.

 Richard A. Patton

83
1

sir.

2
3

Mr. Patton?

4

MR. PATTON:

5

(Exhibit 10 marked.)

6

MS. SKAGERBERG:

This is Exhibit 10.

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Sure.

Thank you.

Yes, it says

Exhibit 9 at the top because it was Exhibit 9 to his

8

original grievance, but for today's purposes it's

9

Exhibit No. 10.

03:07 10

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nie

03:07

May I have another exhibit sticker,

Da

And this is the November 3rd, 2015, memo
that Mr. Patton explained he sent to the HISD Board and

12

was later questioned about his intent or why he sent

13

that memo.

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14

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November 3rd.

And in the last full paragraph,

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03:08 15

It's important to note that this is dated

Mr. Patton explains that he had reported what he

17

believed to be inappropriate job contract splitting to

18

Chief Robert Mock of the HISD Police Department.

19

reason that's important is brought into focus in what

21
22

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I'm marking as Exhibit No. 11.
If I can please have a sticker on that

one, sir.

23

(Exhibit 11 marked.)

24

MS. SKAGERBERG:

03:08 25

The

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03:08 20

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Exhibit No. 11 is a

report dated June 14th, 2016, from the law firm of
DepoTexas, Inc.

 Richard A. Patton

84

Olson & Olson.

2

letter, HISD retained Olson & Olson on November 2nd,

3

2015, to investigate -- or to review the internal audit

4

report regarding job order contracting implementation

5

and execution.

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6

As you see from the introduction of this

So that's the job order splitting audit
report that Mr. Patton was concerned about and reported

8

to Chief of Police Mock on September 30th.

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7

9

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Mr. Patton's memo to the board, HISD retained outside

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03:09 10

On November 2nd, the day before

counsel to look into those concerns and look into those

12

allegations.

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11

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13

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by page, but as you read the overview and the summaries

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03:09 15

I'm not going to go through this memo page

from each of the concerns that Mr. Patton raised, what

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14

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03:09

1

you'll see is that outside counsel found that the audit

17

department, in its report on job order splitting,

18

misapplied the law and misinterpreted the law, resulting

19

in a conclusion of malfeasance where there was none.

21

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03:10 20

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Obviously that's extremely problematic

both -- in terms of the audit department performing its

22

functions.

23

understand and correctly apply the law that it purports

24

to be investigating.

03:10 25

Of course, an audit department needs to

And it's also very important in terms of
DepoTexas, Inc.

 Richard A. Patton

85

explaining this relationship between Mr. Patton and the

2

board.

3

and you'll see as you further review the documents,

4

obviously there was a tension between Mr. Patton and a

5

number of board members.

6

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As you've seen over the course of today and --

This, I think, is one example of their not
communicating very clearly about what the issue was.

8

Mr. Patton presented to the board that he had notified

9

law enforcement.

Da

counsel was already investigating this issue, and -- and
it's one more example of their getting cross-wise.

is 

11

Apparently unbeknownst to him, outside

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03:10 10

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7

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03:10

1

12

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I think we're also going to see that in
the March 10th issue, which is the day that Mr. Patton

14

was called into the executive session to discuss his use

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of the scanner.

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03:11 15

of

13

16

19
03:11 20

21

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My understanding is the process of DGBA

fic

18

Excuse me, Dr. Sarabia.

I -- I do need to interrupt at this point in time.

Local requires presentation of evidence.

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17

MR. FELDMAN:

statements are not evidence.
argument.

Counsel's

This is -- this is simply

I presented Mr. Patton.

She has presented

22

Ms. Cavazos, who knows nothing about why Mr. Patton was

23

not renewed.

24
03:11 25

Now, counsel is making an argument.

As

long as -- DGBA Local does not envision that at all.
DepoTexas, Inc.

It

 Richard A. Patton

86
1

envisions the presentation of evidence.

2

evidence, and this is entirely improper.

3

DGBA Local specifically

states that this is not an evidentiary hearing in any

5

way.

6
7

MR. FELDMAN:

How can you possibly make

any determination as to what the facts are --

8

HEARING OFFICER:

May I have the question,

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4

please?

03:12 10

If the fact -- if the,

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MR. FELDMAN:

nie

03:11

MS. SKAGERBERG:

This is not

quote, "facts" are being presented by someone without

12

any knowledge who is simply an attorney.

13

MS. SANDILL:

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of

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situation there is that, you know, the decision-maker is

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03:12 15

I mean, I think the -- the

capable of weighing that.

It's no different than when

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14

is 

11

you asked questions that were loaded with argument.

17

That --

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18

op
y

16

I'm talking about --

MS. SANDILL:

That happens.

MR. FELDMAN:

-- the process, Kelly.

MS. SANDILL:

I don't think that the --

22

MR. FELDMAN:

Any --

23

MS. SANDILL:

-- policy restricts --

24

MR. FELDMAN:

They have --

03:12 25

MS. SANDILL:

-- the presentation that's

03:12 20

21

fic
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MR. FELDMAN:

DepoTexas, Inc.

 Richard A. Patton

87
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MR. FELDMAN:

This is not evidence --

3

MS. SANDILL:

I don't --

4

MR. FELDMAN:

-- period.

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And it can't be

5

considered for the purpose of making a decision on this

6

grievance.

7
8

MS. SANDILL:
is noted in the record.

9

nie

HEARING OFFICER:
time.

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03:12 10

Okay.

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03:12

being put here.

MS. SKAGERBERG:

12

HEARING OFFICER:

13

MS. SKAGERBERG:

hr

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Thank you, sir.
Thank you.
Now, we were discussing

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of

I'll restart your

the March 10th closed session where Mr. Patton was

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03:12 15

Okay.

called in to discuss not -- not only his use of HISD's

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14

is 

11

Your position on that

scanner but his use of his assistant's time in scanning

17

documents.

03:13 20

21

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ial
fic

19

And if you look at Exhibit No. 2, which is

Mr. Patton's original grievance, under the first

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substantive paragraph, under statement of concern,
Mr. Patton or his counsel wrote, "The issuance of such

22

memo followed shortly after a board meeting on the date

23

in which board members, in executive session, questioned

24

grievant regarding several scanned pages that he had

03:13 25

asked his assistant, Cherie Gibson, to scan over a
DepoTexas, Inc.

 Richard A. Patton

88
1
2

And that sentence explains the layers that

3

the board was concerned with, that Mr. Patton was asking

4

his assistant to scan his personal documents on company

5

time, for lack of a better phrase.

6

was the meeting that was held hours before he was

7

reassigned to home duty.

8

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person who gave him that reassignment memo but was not

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03:14 10

And that, of course,

Ms. Cavazos explained that she was the

the person who decided what the terms of it were or that

Da

9

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03:13

period of approximately two years."

he should be out on home duty.

12

exhibits that have already been admitted that his

13

contention he never was told about any performance

14

issues is a little disingenuous.

You've seen from the

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of

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11

03:14 15

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He's the one who presented the April memo

listing and explaining the four major concerns the board

17

president had with his performance.

18

Mr. Patton disputes it vehemently, but those are what

19

the concerns were.

21
22
23
24
03:14 25

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I understand

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16

Further concerns were raised in August

after he returned to office duty.

We saw that in the

email between himself and Ms. Hutchins-Taylor.
I think really, in so many ways, the
timeline is what's illuminating in this case.

So

September 30th, Mr. Patton advises Chief of Police Mock
DepoTexas, Inc.

 Richard A. Patton

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1

that he believed there was improper job splitting going

2

on.

3

investigate that very serious allegation.

November 2nd, HISD retains outside counsel to

4

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5

that he had made a report to Chief of Police Mock about

6

what he believed to be inappropriate job splitting,

7

circling back on what HISD had already begun to

8

investigate.

9

nie

Four months later, in March of 2016,
Mr. Patton was assigned to home duty.

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03:15 10

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03:15

November 3rd, Mr. Patton advises the board

When he was

assigned to home duty, his job title remained the same.

12

His pay remained the same.

13

that he was questioned about the use of his assistant's

14

time and the district's technology and attending to his

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And that was the same day

personal business during work hours.

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03:15 15

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16

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He returned to work on August 3rd back in

the office.

18

change in his pay.

19

in the reporting structure, and Ms. Cavazos explained

21

ial

Once again, no change in job title and no
As he explained, there was a change

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17

that that was going on in August of 2016.
The board was looking at the organization

22

in several different ways, and that included

23

restructuring Mr. Patton's organization.

24

a restructure that only affected Mr. Patton.

03:16 25

But it wasn't

On August 31st of 2016, Mr. Patton's
DepoTexas, Inc.

 Richard A. Patton

90
1

contract expired on its own terms.

2

contract, and one year had run.

3

promised a renewal.

4

He had never been

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And, in fact, all of the messaging from

5

HISD was that he should not expect his employment to be

6

guaranteed, not because of him personally.

7

policy.

8

contract in hand.

9

by its own terms on August 31st of 2016.

It's HISD

You can't rely on a contract until you have a

nie

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Mr. Patton's contract ran and expired

03:17 10

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So not only was there no adverse
employment action taken against Mr. Patton, merely the

12

passage of time.

13

terminated or deprived of something he had been

14

promised, which he was not, there's no indication that

16

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But even if he were in some way

it's related in any way to his report of a law
violation.

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03:17 15

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11

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03:16

It was a one-year

17

 C

What we're looking at is he reports a law

violation in September, tells the board about it when

19

HISD is already investigating it.

21

fic

Four months later

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ial

18

he's assigned to home duty for a completely separate and
unrelated investigation, and five months after that his

22

contract expires.

23

his attempt to link these events together.

24
03:18 25

The timeline simply does not support

With that, I'm going to conclude the
district's presentation.
DepoTexas, Inc.

 Richard A. Patton

91
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2

Okay.

I will then reset

to 15 minutes.

3

Mr. Feldman, closing statements?

4

MR. FELDMAN:

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Well, I would like --

5

actually like to provide some rebuttal.

6

to call that closing arguments --

7

HEARING OFFICER:

8

MR. FELDMAN:

9

HEARING OFFICER:
15 minutes.

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I'll just use the 15, right,

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as -- as I use the 15.

e 

of

Ms. Skagerberg was making a reference to

ffic

the fact that -- that -- that the timeline, the sequence
of events, was telling.

And she points -- she

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03:18 15

You have

hr

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MR. FELDMAN:

13
14

Okay.

I'll start now.

11
12

Closing.

-- you can.

nie

03:18 10

And if you want

Da

03:18

HEARING OFFICER:

maintains -- although we don't know what her source of

17

knowledge is.

18

board president.

19

information from at all.

21

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We don't know whether she's talked to the
We don't know where she's getting her

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And perhaps she'll tell us,

but we -- we don't know.
In any event, she's making a point that

22

the -- it was on November 2nd that the district

23

requested or engaged Olson & Olson to review the

24

internal audit report of September 4th.

03:19 25

And it wasn't

until the next day, November 3rd, that Mr. Patton had
DepoTexas, Inc.

 Richard A. Patton

92
1
2

informed the board of his report to Chief Mock.
RICHARD A. PATTON WAS PRESENTED AS A WITNESS

3

5

Q.

I ask you, Mr. Patton, was the board aware

prior to November 3rd that, in fact, you had reported

7

the matter to Chief Mock, and all your memo was doing

8

was confirming what had already been -- they had already

9

been informed of?

nie

A.

I think they were definitely aware of that.

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03:19 10

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6

The memo was simply to put in writing to the whole board

12

my concerns because only certain members of the board --

13

how they communicate, I don't know.

14

that clear to the board.

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I wanted to make

Q.

Can you identify the board members who were

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03:20 15

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11

aware that -- that you had made a report of violation of

17

law prior to November 3rd?

19
03:20 20

21
22
23
24
03:20 25

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A.

I would have to go back and look at my notes.

fic

18

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I don't --

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03:19

QUESTIONS BY MR. FELDMAN:

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4

EXAMINATION (3:19 p.m.)

Q.

Was the audit committee aware?

A.

Sure.

Q.

Okay.

And who was on the audit committee at

the time?
A.

The audit committee was made of Mr. Rodriguez,

Ms. Eastman as well as -- let's see -- Jul -DepoTexas, Inc.

 Richard A. Patton

93
1
2

Q.

All right.

3

A.

That's '15.

4

Q.

-- who -- who became the board president, was

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So Mr. Rodriguez --

5

aware prior to November 3rd that, in fact, you had made

6

the report to Chief Mock.
A.

Yes.

8

Q.

All right.

nie

03:20 10

Olson & Olson memo, which is -- refers to being engaged
on November 2nd, that the memo itself is dated

Da

9

And I notice, looking at this

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7

Is that correct?

11

June 14th, 2016.

12

the engagement that an opinion was issued.

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of

Were -- were you ever informed of this
opinion?
A.

No.

16

Q.

And --

17

A.

03:21 20

21
22
23
24
03:21 25

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I didn't know there was an investigation being

fic

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conducted by legal.
Q.

I'm not saying it's an investigation.

But

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03:21 15

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13
14

That's seven and a half months after

ffic

03:20

Ms. Stipeche, I think, at that time.

this engagement, were you ever told of this at any time
even though it took them seven and a half months to
actually issue a report?
A.

No.

I was not aware of legal's involvement at

all in this -- in this issue.
Q.

And, in fact, were you -- did you have a
DepoTexas, Inc.

 Richard A. Patton

94

discussion with any counsel from the district regarding

2

this job order contract matter?
A.

Yes, I did.

4

Q.

All right.

And did that counsel for the

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3

5

district agree with you that the -- what HI -- what CFS

6

was doing was, in fact, illegal?
A.

Yes.

8

Q.

And as a result of that, was training

9

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7

provided --

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03:21

1

A.

Yes.

11

Q.

-- on the --

12

A.

Training was provided by that law firm to

Q.

21

is 

hr

Okay.

I never seen that so...

And going to your contract, which is --

fic

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I forgot.

Un
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03:22 20

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of

17

Must have been.

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A.

19

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than Olson & Olson?

16

18

I gather that was a different outside counsel

ffic

03:22 15

Q.

 O

14

purchasing and CFS.

op
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13

Da

03:21 10

MR. FELDMAN:

What was the exhibit number

on this one?
MS. SKAGERBERG:

22

MR. FELDMAN:

23

MS. SKAGERBERG:

24

code --

25

Q.

(BY MR. FELDMAN)

It could be 5.

Oh, all right.
Yes, the one with the bar

Ms. Skagerberg --

DepoTexas, Inc.

 Richard A. Patton

95
1
2

Q.

(BY MR. FELDMAN)

-- number at the top.

-- drew the hearing

officer's attention to Chapter 14 -- I mean, excuse me,

4

section -- or Paragraph 14.

5

You understand, of course, that this is
not a Chapter 21 contract?

7

A.

Of course.

8

Q.

All right.

nie

03:22 10

understood and agreed by the parties that in
consideration for receiving additional compensation, the

Da

9

But it states, quote, "It is

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6

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3

administrator waives any claims to any rights

12

administrator might have to challenge the non-renewal."

 C

hr

is 

11

A.

Correct.

14

Q.

Did you ever receive any additional

A.

17

Q.

19
03:23 20

21

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And, in fact, doesn't HISD have a board policy

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that says -- I think it's DG --

fic

18

No, or notice.

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16

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compensation?

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03:23 15

of

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A.

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of

03:22

MS. SKAGERBERG:

Q.

Yes.
-- which states that you cannot non-renew an

employee --

22

A.

Yes.

23

Q.

-- if they have engaged in whistleblowing

24
03:23 25

activity?
A.

It's DG Legal straight from state law.
DepoTexas, Inc.

 Richard A. Patton

96
1

And weren't you -- in this memo that

2

Ms. Cavazos gave you of August 31st of 2016, it states,

3

does it not, that "The Board of Education of HISD has

4

not renewed the contract for 2016-2017 school year"?

5

that correct?

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Is

6

A.

Correct.

7

Q.

Have you been informed by board members that

13
14
03:24 15

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Was it your understanding that it was

hr

is 

Q.

discussed in executive session?

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12

but there's no record of that discussion.

A.

I'm pretty sure it had to be discussed in

of

11

I have knowledge that the board discussed it,

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03:24 10

A.

executive session because there's no public record.

ffic

9

the board discussed this matter?

Q.

Do you know of any means by which -- or what

 O

8

legal authority the board president would have to

17

approve a memo such as that dated August 31st, 2016,

18

when the board has not actually acted with respect to

19

your contract?

03:24 20

21

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Q.

A.

I think that's inappropriate per law.
MR. FELDMAN:

Mr. Hearing Officer, I -- I

22

would make the point, again, that what Ms. Skagerberg

23

argues is not evidence.

24

you are to make your determination based on the

03:25 25

DGBA Local makes it clear that

presentation of evidence.
DepoTexas, Inc.

 Richard A. Patton

97
1
2

proceeding, but the argument of counsel at any point in

3

time is not that of -- of evidence.

4

easily presented individuals to make the points that

5

Ms. Skagerberg made, but for some reason they chose not

6

to.

HISD could have

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03:25

And we recognize it's an informal

7

Instead, they brought Ms. Cavazos -- and
without attempting to demean her in any way, the fact is

9

that the bulk of what Ms. Cavazos had to say was that

nie

she doesn't know anything about this.

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03:25 10

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8

And I understand

she doesn't know anything about this because this was a

12

board decision obviously made in executive session even

13

though it wouldn't be lawful to make a decision at that

14

time.

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03:26 15

Yeah.

I want to make a point

 O

MR. PATTON:

on Exhibit 9, which is the Ms. Hutchins-Taylor response

17

to my inquiry the day I returned.

18

HIPAA and Policy CQ.

19

know that what I did was completely acceptable.

21

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She refers to FERPA,

We all discussed Policy CQ.

We

fic

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03:26 20

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16

FERPA and HIPAA allegations were never

submitted to me.

She said she was going to arrange a

22

meeting with me.

That never happened.

23

don't know what HIPPA or FERPA issues she's referring to

24

as far as the violation by my department.

03:26 25

I still today

We deal with that all the time.
DepoTexas, Inc.

We know

 Richard A. Patton

98
1

the importance of that regulation.

2

in my earlier conversation.

3

aspects --

5

(BY MR. FELDMAN)

Did you ever have that

meeting that Elneita --

6

A.

No.

7

Q.

-- references in --

8

A.

No.

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nie

03:26 10

to -- she says she's going to set up that never
happened.

Da

9

She references a meeting that she's going

Q.

All right.

12

A.

And, you know, I think that's another example

 C

hr

is 

11

of poor communication.

14

done something wrong when I don't know what they are and

e 

How can I improve things if I've

ffic

03:27 15

of

13

there's nothing here to -- to document that?

 O

03:26

Q.

I have complied with all

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4

That's what I said

16

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y

MR. FELDMAN:

All right.

Just in summary,

Dr. Sarabia, I would -- I would submit to you that

18

the -- the only evidence that has been presented that

19

goes to the essence of this grievance, and -- and that

21

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17

is why was Richard Patton non-renewed and -- and,
thusly, you know, whether or not the district violated

22

the Whistleblower Act, is evidence that was presented by

23

the grievant.

24
03:27 25

There was no evidence presented by the
school district on that point.

It was simply the

DepoTexas, Inc.

 Richard A. Patton

99
1

argument of counsel, which would be double, triple,

2

quadruple hearsay based upon what she was told by

3

somebody who might have been told by somebody.

4

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5

a determination based on the evidence that you're

6

presented.

7

presented supports the grievance that there has been no

8

evidence that would contradict that.

9

For that reason, we would ask that you sustain this

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grievance.

11

That's important.

nie

03:28 10

We believe that the evidence you were

Da

03:28

Your job, sir, under DGBA Local is to make

hr

is 

I don't know how you're going to formulate
or how you're actually going to procedurally make a

13

recommendation to the board, but we would submit that

14

your recommendation should be that, based on the

of

e 

ffic

 O

evidence presented at DGBA Local -- excuse me, under
DGBA Local at this grievance conference that your

17

recommendation would be that Mr. Patton's contract be

18

renewed.

19

21

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03:28 15

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12

24
03:29 25

MS. SKAGERBERG:

Dr. Sarabia, do I have an

opportunity for further presentation?

22
23

Thank you very much.

HEARING OFFICER:
15 minutes.

You also have

You may make a brief closing statement.
MS. SKAGERBERG:
MR. FELDMAN:

Thank you, sir.

Excuse me.

DepoTexas, Inc.

Before you do

 Richard A. Patton

100
1

that -- now, you know, this would be truly unique that

2

the grievant doesn't have the opportunity to rebut as to

3

final rebuttal, but rather the school district does?

4

I'll listen to --

6

MR. FELDMAN:

7

HEARING OFFICER:

8

MR. FELDMAN:

-- up to 15 --

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-- DGBA contemplates.

And

it's interesting to me that this procedure seems to be

nie

03:29 10

That's not what --

kind of evolving as we go along here.

Da

9

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5

I'll accommodate that.

11

hr

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I have done more grievances probably than
this entire room put together, and this would be the

13

first time that I have seen that the school district is

14

to have the final argument.

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03:29 15

21
22
23
24
03:30 25

It's not their grievance.

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MS. SANDILL:

I'm going to defer.

Yeah.

fic

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HEARING OFFICER:

I mean, Mr. Feldman,

the language of the policy is what controls.

And as you

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03:29 20

MR. FELDMAN:

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y

17

19

Mr. --

MS. SANDILL:

16

18

ffic

03:29

HEARING OFFICER:

know, it's fairly broad and gives the hearing officer a
great deal of discretion in terms of how he conducts the
hearing.
And I think that is what Dr. Sarabia is
intending to do.

If you have a point that you need to

make in response to what is said next, then say that,
DepoTexas, Inc.

 Richard A. Patton

101
1

and it'll be dealt with.

2

gets the last word and you don't get to say anything.

3

MR. FELDMAN:

Wait.

Ms. Sandill, I think

4

you've just contradicted yourself.

5

it gives him great discretion.

6

certain things be done, he doesn't have discretion, like

7

letting a videographer in here.

presentation.

with that.

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being done here.

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Because we're having so much discussion on

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And I think that's what's

process, I'm going to recommend that you attach the DGBA

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And it says that each side

may present their argument and that it may include
witnesses and documents.

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I didn't -- I don't disagree

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MS. SANDILL:

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MR. FELDMAN:

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03:30 15

I can read it to you if we need to, but

it says that he can allot reasonable time to each --

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discretion in terms of the timing and scope of the

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It gives him great

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But when I ask that

of

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MS. SANDILL:

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You've stated that

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03:30

I don't think he's saying she

Local legal -- Local to the transcript as an exhibit
because it really is, I think as everyone knows, what
controls the process.
HEARING OFFICER:

Okay.

enter this as an exhibit, please.
(Exhibit 12 marked.)
DepoTexas, Inc.

So I'd like to

 Richard A. Patton

102
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HEARING OFFICER:

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MS. SKAGERBERG:

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HEARING OFFICER:

Thank you.
And then, again, you'll

have final closing comments.

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Okay.

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MS. SKAGERBERG:

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There are just a couple of points I think

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got lost in the shuffle that I want to make sure I -- I

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bring it to your attention so that you have the full

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array of information in front of you.

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Thank you, sir.

03:31 10

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I would like to start by turning your
attention to Exhibit No. 5, which is Mr. Patton's

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2015-2016 school year contract.

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last page of Exhibit No. 5, it's the addendum to his

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contract.

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MR. PATTON:

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It's the one with the bar code

on the front of it.

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terms of his employment.

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Mr. Feldman?

Yes.

MS. SKAGERBERG:
MR. PATTON:

It might be -- is it --

I just saw it.

MS. SKAGERBERG:

-- in front of

Is that the copy or is that --

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MR. PATTON:

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MS. SANDILL:

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MR. PATTON:

03:32 25

And if you look at the

It sets out his job title and the specific

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is 

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MS. SANDILL:

No.

I saw it over here.

It was just out here.
Do you have it?
Maybe it would help if we

DepoTexas, Inc.

 Richard A. Patton

103
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put the exhibits in order real quick because they are

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rather scattered.

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MR. PATTON:

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MR. FELDMAN:

5

MR. PATTON:

Okay.

Here's 4.

Here's 7.

I can put them in order so you

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MS. WOODS:
guys can proceed.

It's not stapled either

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Here it is.

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MS. SKAGERBERG:

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No.

so -- here's Exhibit 1.

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Is that --

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I can do that.

HEARING OFFICER:

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MS. SKAGERBERG:

Okay.
I was just turning your

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attention to the last page of the contract, which is the

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addendum that sets out the specific terms of

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Mr. Patton's employment in the 2016 -- 2015-2016 school
year.

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The first paragraph lists his job title as

the chief audit executive and also lists the way in

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which he was paid.

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There was an annual base salary of a

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certain amount, plus an additional $7,500 in
consideration for the performance contract, resulting in

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his total annual salary.

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point.

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03:33 25

So I do want to clarify that

The second point that I would like to
clarify is to, again, focus in on the timing of
DepoTexas, Inc.

 Richard A. Patton

104

Mr. Patton's report to Chief Mock of what he believed to

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be improper job splitting on September 30th.

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report was investigated by outside counsel, and their

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conclusion was reached in June.

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memo that we were looking at.

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before Mr. Patton's contract expired on its own terms.

That's the June 14th

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That

So that's several months

And Mr. Patton hasn't presented any police
report, any charging documents, any indication of

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disposition from any law enforcement agency what
happened with that report.

Certainly Policy DG Local

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can't be read to mean that anyone who makes any report

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to any law enforcement about anything at any point in

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time can never be non-renewed.

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position that he made what he believed to be a good

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I certainly understand Mr. Patton's

faith report to law enforcement.

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conceding that it was a good faith report, but for

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purposes of today's hearing it doesn't make a

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difference.

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The district isn't

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That report was investigated, and it was

disposed of to the district -- district's satisfaction

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as we saw in the March -- I'm sorry, June 14th memo.

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don't remember the exhibit number off the top of my

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head, but it is in the documents here.

03:34 25

Those were the only two points that I
DepoTexas, Inc.

I

 Richard A. Patton

105

would care to clarify, sir.

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plenty to say today and you have plenty to mull over.

I know that everyone has

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Thank you very much for your time.

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HEARING OFFICER:

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MR. FELDMAN:

Mr. Feldman?

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Okay.

I'll make the point,

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Dr. Sarabia, that what is referenced in the addendum is

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not any type of additional compensation.

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RICHARD A. PATTON WAS PRESENTED AS A WITNESS

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QUESTIONS BY MR. FELDMAN:

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EXAMINATION (3:35 p.m.)

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Q.

Mr. Patton, would you explain that further?

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A.

Yes.

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That -- that dollar amount listed there

is paid throughout the year.

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paid at the end.

It's not an item that's
It's part

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So it's not additional pay.

of my regular gross salary.

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It's included in all administrators'

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contracts, to my knowledge.

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additional pay that would meet the terms of that

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contract.

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So no one views that as

this point.

MR. FELDMAN:

And -- and let me also make

HISD started using this addendum about

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20 years ago.

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Ms. Skagerberg is not suggesting today that the -- this

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consideration that's referred to and this what appears

03:36 25

No one has ever -- and I'm assuming

to be release language would -- could ever justify or
DepoTexas, Inc.

 Richard A. Patton

106

permit a waiver of one's rights under the Texas

2

Whistleblower Act.

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possibly justify or legalize a waiver of one's rights

4

under the Texas Whistleblower Act.

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No compensation in advance could

So the -- Mr. Patton is still entitled to

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make a whistleblower claim.

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it's unrebutted, that he received advice from legal

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counsel when he performed his audit that is contrary to

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the advice that is set forth in Exhibit 11 from

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He's also testified, and

Olson & Olson.

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03:36

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So I think it's rather telling that the
district went out of its way to obtain this legal

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opinion when Mr. Patton had already received an opinion

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which was totally contrary to this.

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And the district also offers no

explanation as to why, in fact, special training was

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afforded SF -- CFS with respect to the award of job

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orders.

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Ms. Skagerberg brought out.

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So I would simply say that in response to what

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Thank you very much.
HEARING OFFICER:

Okay.

Thank you, ladies

and gentlemen.
The Level II dispute resolution conference
is now concluded.

I will deliberate on the matters

presented here and issue a written decision within the
DepoTexas, Inc.

 Richard A. Patton

107
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timeline stated previously as set forth in HISD Board

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Policy DGBA Local.

The conference is now concluded.

Thank you.

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(Proceedings concluded at 3:37 p.m.)

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DepoTexas, Inc.

 Richard A. Patton

108
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STATE OF TEXAS

)

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COUNTY OF HARRIS

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I, Diana Ramos, a Certified Shorthand Reporter
in and for the State of Texas, do hereby certify that

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the above and foregoing pages contain a full, true and

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correct transcription of my shorthand notes taken upon

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the occasion set forth in the caption hereof, as reduced

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to writing by me and under my supervision.

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I further certify that the transcription of my
notes truly and correctly reflects the exhibits offered

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into evidence, if any; that I am neither counsel for nor

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related to any party in this cause and am not

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financially interested in the outcome.

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2017.

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Certified to by me on this 4th day of January,

____________________________
Diana Ramos, CSR
CSR No. 3133, Expires 12-31-2018
DepoTexas, Inc.
Firm Registration No. 95
13101 Northwest Freeway, Suite 210
Houston, Texas 77040
888.893.3767

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DepoTexas, Inc.