Caldon v Bor Atttach III

8/10/2019 Caldon v Bor Atttach III

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EXHIBIT IV

Good Cause Summarybelow wassubmitted by E. Denise Caldonin Fourth Motionin Fulton County Superior Court and includes Excerpts and full Deposition of

Regent Doreen Stiles Poitevint, former Vice Chair of the BOR Committee on

Organization and Law, resulting in Deposition becoming Open Record.

Four Responses in Opposition - authorized by Attorney General Sam Olens -

resulted in four Denials by Judge Doris L. Downs, Fulton County Superior Court, toMotions filed by E. Denise Caldonrequesting the lifting of the Protective Order (s) to

which she never consented contrary to repeated false statements by The Attorney

Generals Office.

The Deposition of Regent Poitevintconfirms repeatedly the misrepresentation of factRICO (racketeering) practices and breach of legal due processto USG faculty, staffand students in over thirty public higher education institutions by the Board of Regents

of the University System of Georgia and not addressed by Attorney General SamOlens.

Regent Doreen Stiles Poitevintstates in her Deposition that she did not even knowshe was the Vice Chair of the BOR Organization and Law Committee in November

2008two years earlier than her Deposition on 8 February 2010.

EXCERPTS:

Pgs. 14-17

Q:So do you have knowledge of why Ms. Caldon departed employment f rom Macon

State College?A: Only after our committee meeting because I dont remember hearing the case

discussed.

Q:And specifically, are you referring to the meeting when Ms. Caldons application

for a review was to come up and be heard or addressed?

A: Yes.

Q:But you dont recall that Ms.the matter of Ms. Caldons appeal came up at tha

meeting?

A: No.

Q:I s that corr ect?

A: Its correctA phone call was made to me by Ms. Caldon.she said, .do

you remember the case that came up in the Organization and Law meeting or

something. And I said, No, I dont..


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Q: Okay. As you understand i t, the purpose of Mr. Newsomes review is to determine

whether there is any validity to the appeal?

Ms. Hyman: I object.

Q: I s there any preliminary opinion or conclusion or assessment that the Legal Af fai rs

Off ice provides before the matter i s former ly heard by the Board of Regents?

A: I would think so.

Pgs. 23-29

Q: So is it fair to say then that most of the time the Board of Regents is going to be

in terested in ascertaining why a particular employee who is appealing a termination

was terminated?

A: Possibly.

Q: And are there any printed guidelines or ru les regarding how r eviews of employmen

terminati ons are to be conducted?

A: Not that Ive ever seen.

Page 33

Q: And are these meetings these appli cations for review and employment appeals

are they brought up and handled at aat one of these eigh t meetings or so?

A: For all the Regents to participate in? No.

Pgs. 35-37

Q:Is there an agenda thats usually followed for these meetings?

A: We have a sheet that will be handed out to us that will have the cases

down. But nothing about the casewill be brought up until the person

whos handling that case will visit with people about that.

Page 39

Q: And then is there a review of any documents or evidence by the Board ofRegents?

A: Do you mean physical documents?

Q: Yes, maam.

A: No.

Q: Why not?

A: Well, I think that time restraints is one of the main problems right

there.

Q: Do the Regents review the applications for r eview that are submi tted by

the employees?

A: No.

Q: Why not?

A: I think just like I said time restraints.


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Page 41

Q: So then it usually is the case or frequently is the case then that no physical

documents are reviewed by the Board of Regents in connection with employee

applications for review?

A: I cant think of a single incident where that is the case on anything that I have

been involved with. I cant answer for any prior time to that.

Q: Okay. Usual ly documents themselves are not reviewed when the matter comes up?

A: No physical documents.

Q: Okay. So its just discussion?

A: Discussion

Page 42

Q: So no evidence is reviewed?

A: Evidence meaning?

Q: Statements, documents, files

A: No, but I think if

Q: --- letters, emails.

A: No, .

Page 42

Q: I asked thi s before, and I just want to make sure I understand. So you, in typical

review matter, you wi ll not have been provided with the employees application for

review itself and whatever attachment the employee has put together; is that corr ect?

A: No. No. And I guess if I would feelnothing is being withheld from me.

Q: It sounds like the answers not much other than what the lawyer can tell you; is

that correct?

A: Right. A review of the information is given to us.

Pgs. 44-45

Q: Is there a record of the vote about how to handle a particular appeal?

A: ..Can I tell you whether that is regarded (recorded?) in stone, no, I cant.

Q: Okay. And so you dont know whether there is any to the extent there are

votes, and it sounds like there are, are the votes recorded anywhere?

A: I cant answer that.

Page 51 Q: I s there any kind of standard that the Board of Regents employs in its review o

employee terminati on decisions?

A: Im so sorry to be taking so long with this, but, no, there is no written anything.

Page 52

Q: But what Im wanting to know, is there any document that is generated that

contains the Boards decision with respect to a particular appeal and perhaps the

reason for i ts decision?

A: Not that I am aware of, but I feel sure that theres some notation somewhere, but

not any that Im aware of.


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Pgs. 56-57

Q:But as we sit here today, you dont and I think the meeting minu tes reflect your

presence at that meeting on that date, but your testimony is you dont recall ever sitting

in a Board of Regents meeting and hearing any appeal of Ms. Caldons matter?

A: No, I dont.

Q:And you dont know whether the matter was heard or not. Youre not in a position

to know that?A: No, I dont.

Page 63

Q: Does this look, though, li ke a form you are familiar with that would layout an

agenda for items to be reviewed by your committee?

A: The document that I get is a sheet that will have the case number and the

individuals or individual involved, and that will be it.

Pg. 69

Pg. 69

Q: So the off icial meeting minutes, Ms. Poitevin t, refl ect your presence, input and

voting with respect to matters A through H on thi s form, correct?

A: Correct.

Q: Okay. One of which was the matter of Ms. Denise E. Caldons application for

review concerning her termination?

A: Correct.

Q: Okay. But your testimony is you dont recall her matter coming up at all in the

November 10, 2008 meeting?

A: No, I dont. .

Pg, 79

Q: Have you ever spoken to any other Regent who can attest that Ms.Caldons matter was heard and was properly handled through the proper

Board of Regents poli cies and procedures on November 10th?

A: No. Im sorry. I havent.

Q: Okay. Do you know whatto the extent that Ms. Caldons matter did come up and

was dul y handled by the Board of Regents, do you know what documents, materials

and information were reviewed by the Board?

A: No, I dont.

Pgs. 82-83

Q: Youre not aware of any investigation or assessment into whether or not into

Mr. Bells conduct or misconduct or anything like that?

A: No.


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Pgs. 82-83

Q: And are you sure -- werent you thechair of that committee back in November

2008?

A: I thought I just became the vice chair ---

Q: Could you have been the vice chair back in November of 08?

A: (Witness shaking head negatively.)

Q: Tell me again when you began being the chair .

A: Well, I looked down at this. I thought I just became the vice chair

Q: Could you have been the vice chair back in November of 08?

A: Thats what it says on this, but I dont think so.

Q: Thats why I was asking.

A: I dont think so.

Pgs. 82-83

Q: Okay. So youre not in the position to know whether or not the denial of Ms.Caldons application for review was the appropr iate action for the Board of Regents to

take?

A: No. Im sorry. Im not.

Q: Ms. Caldon makes the statement about Mr. Bells mental decline. Im wondering if

reading that now perhaps refreshes your recollection that youve seen this document at

some point in time.

A: No, I havent.

Pgs. 84 - 89

Q:But seeing this here doesnt

A: No.

Q: - refresh your recollection that youve seen this before?

A: No, not at all.

Q: Okay. I s it concern ing for the Board of Regents where you have an administrative

assistant to the president whos been at the school for some 15 years report ing that her

supervisor, the president of the coll ege, is experiencing a mental decline?

A: Would that be of concern to me?

Q: Yes, maam.

A: I would take everything into consideration, yes, I would.


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Q: But real ly the question was, as a Regent, not you as a human being, as a Regent I

assume that would be somethi ng that would be concerni ng?

A: Yes.

Q: Do you know whether that matter was discussed --I take it you dont

A: No, I dont.

Q: And on the second page, Ms. Poitevint, it indicates Dr. Bells own daughters and

son have called me both at home and at the off ice for two years regarding their strong

concern for their fathers increasing psychological health decline. And the question i s

the same. I s it is that a matter of concern to you as a Regent?

A: I think it would be a matter of concern. I definitely do.

Q:Ms. Caldon reports that while working for M r. Bell Dr . Bell , I was put in a

position of covering up countless and inappropr iate audi tor sensiti ve discrepancies.

And, again this is coming from an employee whos been there a long time. I s that

something thats concerning to you as a Regent?

A: Yes, its of a concern to me.

Q: Has the Board of Regents ever looked in to or any commi ttee organized by the Board

of Regents ever l ooked into any of these matters relating to Dr. Bell?

A: No, not that I am aware of at all.

FULL DEPOSITION OF REGENT DOREEN STILES POITEVINT BELOW:


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Caldon v Bor Atttach III

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